AD/BELL 206/57 Amdt 3 Horizontal Stabilizer

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2018L00079 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/BELL 206/57 Amdt 3 — Horizontal Stabiliser

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this AD is a legislative instrument.

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.

The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. AD/BELL 206/57 Amdt 3 applies to the Bell 206 and Leonardo (Agusta Bell) AB206 series helicopters.

The United States of America Federal Aviation Administration (FAA)) issued AD AD 76-05-01 affecting Bell 206 series Helicopters in 1976. The United States of America is the State of Design for this helicopter type.

 

CASA issued AD/BELL 206/57 to mandate the requirements of FAA AD 76-05-01. CASA subsequently issued AD/BELL 206/57 Amdt 1 to introduce a 25 hourly repetitive inspection requirement and AD/BELL 206/57 Amdt 2 to correct the part number applicability and further clarify the repetitive inspection requirement.

 

As a result of a request from industry, CASA has issued AD/BELL 206/57 Amdt 3 to further update the AD applicability.  The new amendment applies to the relevant horizontal stabilisers only if they incorporate the specified inboard rib part numbers.  This means the AD does not apply to horizontal stabilisers that include new inboard ribs, with new part numbers. This AD repeals and replaces the previous AD on this subject.

 

The Bell and Agusta Service Bulletins referred to in the AD can be obtained from Bell Helicopter Textron Canada and Leonardo Helicopters respectively. However, any Australian operator which operates the Bell 206 or Leonardo (Agusta Bell) AB206 helicopters are provided with these documents by Bell Helicopter Textron Canada and Leonardo Helicopters by subscription.

Consultation

This AD is being made at the request of industry, in particular an operator of the Bell 206 series helicopter. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from reducing the applicability by referencing specific inboard rib part numbers and thereby reducing burden for industry, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs (OBPR id. 14507).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR and subsection 94 (1) of the Act.

The instrument commences on 9 February 2018.

[Instrument number AD/BELL 206/57 Amdt 3]


Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/BELL 206/57 Amdt 3 – Horizontal Stabiliser

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The United States of America Federal Aviation Administration (FAA)) issued AD AD 76-05-01 affecting Bell 206 series Helicopters in 1976. The United States of America is the State of Design for this helicopter type. CASA issued AD/BELL 206/57 to mandate the requirements of FAA AD 76-05-01. CASA subsequently issued AD/BELL 206/57 Amdt 1 to introduce a 25 hourly repetitive inspection requirement and AD/BELL 206/57 Amdt 2 to correct the part number applicability and further clarify the repetitive inspection requirement. As a result of a request from industry, CASA has repealed and replaced AD/BELL 206/57 Amdt 2 to further update the AD applicability. The amended AD applies to the relevant horizontal stabilisers only if they incorporate the specified inboard rib part numbers.  This means the AD does not apply to horizontal stabilisers that include new inboard ribs, with new part numbers.

The primary purpose of this legislative instrument is to further clarify and reduce the AD applicability and consequently reduce burden on industry.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety and efficiency of civil aviation in Australia, aligning with international standards and practices. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, including airworthiness directives (ADs), which are legislative instruments unless they specifically apply to a particular person, aircraft, or aeronautical product. ADs are crucial for maintaining the continuing airworthiness of aircraft, with the State of Design responsible for issuing ADs and the State of Registry tasked with ensuring compliance. The AD/BELL 206/57 Amdt 3, issued by the Civil Aviation Safety Authority (CASA), responds to industry requests to update and refine the applicability of ADs for Bell 206 and Leonardo (Agusta Bell) AB206 series helicopters, specifically targeting horizontal stabilisers with certain inboard rib part numbers. This amendment aims to reduce industry burden by narrowing the scope of AD applicability, reflecting a commitment to balancing regulatory requirements with practical operational considerations.

Scope and Application

The AD/BELL 206/57 Amdt 3 applies specifically to the Bell 206 and Leonardo (Agusta Bell) AB206 series helicopters, focusing on the horizontal stabilisers of these aircraft types. This amendment is intended to further refine and clarify the scope of the airworthiness directive, ensuring that it only applies to horizontal stabilisers incorporating specific inboard rib part numbers, thereby excluding those with new inboard ribs and new part numbers. The authority to issue this amendment stems from the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with the Civil Aviation Safety Authority (CASA) acting as Australia's national airworthiness authority. This legislative instrument was developed in response to industry requests to reduce the burden on operators by narrowing the scope of the directive. The amendment, which repeals and replaces the previous directive, is deemed to be of a minor nature and does not necessitate further consultation or a Regulation Impact Statement, as it does not substantially alter existing arrangements. The compatibility of this legislative instrument with human rights has been assessed, concluding that it does not engage any applicable rights or freedoms, thereby affirming its compatibility with human rights.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) under discussion are sections 98, 33, and 39.001. Section 98(1) of the Civil Aviation Act 1988 (the Act) provides the authority for the Governor-General to make regulations, which in this case, pertain to civil aviation safety. Section 33 of the Acts Interpretation Act 1901 allows for the power to repeal, rescind, revoke, amend, or vary any instrument of a legislative or administrative character. Regulation 39.001 of the CASR allows the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. This AD specifically pertains to the Bell 206 and Leonardo (Agusta Bell) AB206 series helicopters. The Act imposes obligations on the parties or entities it governs, particularly those involved in the operation and maintenance of the specified helicopters. Operators and maintainers of the Bell 206 and Leonardo (Agusta Bell) AB206 series helicopters must adhere to the AD/BELL 206/57 Amdt 3, which mandates specific inspection and maintenance requirements for the horizontal stabilisers of these helicopters. This includes ensuring that the horizontal stabilisers incorporate the specified inboard rib part numbers and comply with the outlined safety directives. The AD requires operators to conduct necessary inspections and maintenance as stipulated to ensure continued airworthiness. Failure to comply with the AD/BELL 206/57 Amdt 3 may result in civil or criminal consequences. Under the CASR, non-compliance with an AD is an offence that can lead to enforcement actions by CASA. The penalties for contravening an AD can include fines and, in severe cases, criminal charges. The maximum penalties for such offences are determined by the relevant legislation and may vary based on the specific circumstances and the extent of non-compliance. CASA has the authority to take enforcement actions, which may include grounding of the aircraft until compliance is achieved. The AD/BELL 206/57 Amdt 3 also includes a Statement of Compatibility with Human Rights, which asserts that the legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms. This statement underscores CASA’s consideration of human rights in the drafting and implementation of the AD, ensuring that the regulations do not adversely impact the rights and freedoms of individuals involved in the operation and maintenance of the specified helicopters.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.