Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/BELL 214/6 – Emergency Exit Latch Pin
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. 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.
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. Regulation 39.001A of CASR 1998, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.
The United States of America Federal Aviation Administration (FAA) issued AD 77‑17-05 affecting Bell Helicopter Textron 214 series helicopters in 1977. The United States is the State of Design for these helicopters. As there is a Bell 214 series helicopter on the Australian aircraft register, and as FAA AD 77-17-05 pre-dates the automatic acceptance of foreign State of Design ADs under Part 39 of CASR, CASA has issued AD/BELL 214/6 to mandate the requirements of FAA AD 77-17-05, as in force at the date of issue of AD/BELL 214/6.
The Bell Helicopter Textron Service Bulletins referred to in the AD, as in force at the time of issue of AD/BELL 214/6, can be obtained from Bell Helicopter Textron, however, any Australian operator which operates the Bell 214 series helicopter is provided with these documents by Bell Helicopter Textron via subscription.
FAA AD 77-17-05 is freely available from the FAA’s website at the following internet address:
http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAD.nsf/Frameset?OpenPage
Consultation
As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, 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 AD has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
The instrument commences on 10 July 2018.
[Instrument number AD/BELL 214/6]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/BELL 214/6 – Emergency Exit Latch Pin
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 legislative instrument is an airworthiness directive (AD). AD/BELL 214/6 has been issued to mandate the requirements of FAA AD 77-17-05, applicable to Bell Helicopter Textron 214 series helicopters in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation.
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