AD/BELL 214/7 Collective Sleeve

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

Legislation au F2018L00987 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/BELL 214/7 – Collective Sleeve

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 85‑23-05 affecting Bell Helicopter Textron 214 series helicopters in 1985. 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 85-23-05 pre-dates the automatic acceptance of foreign State of Design ADs under Part 39 of CASR, CASA has issued AD/BELL 214/7 to mandate the requirements of FAA AD 85-23-05, as in force at the date of issue of AD/BELL 214/7.

The Bell Helicopter Textron Service Bulletin referred to in the AD, as in force at the time of issue of AD/BELL 214/7, 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 85-23-05 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 214/7]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/BELL 214/7 – Collective Sleeve

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 214/7 has been issued to mandate the requirements of FAA AD 85-23-05, 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

Overview

The Civil Aviation Safety Regulations 1998, amended by AD/BELL 214/7, were enacted to ensure the continuing airworthiness of aircraft registered in Australia, specifically addressing the requirements of Bell Helicopter Textron 214 series helicopters. This legislation was introduced by the Civil Aviation Safety Authority (CASA), a body established under the Civil Aviation Act 1988, to implement and enforce aviation safety regulations. The primary policy objective is to align with international safety standards and the obligations under the Convention on International Civil Aviation, ensuring that all aircraft operating in Australia meet the necessary safety requirements. CASA's issuance of AD/BELL 214/7 mandates the adoption of FAA AD 85-23-05, a pre-existing directive, to maintain the safety and airworthiness of Bell 214 series helicopters on the Australian register. This approach ensures consistency with international standards and fosters a uniform approach to aviation safety across jurisdictions.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) apply to the aviation industry in Australia, including aircraft, aeronautical products, and associated personnel. These regulations, and the airworthiness directive (AD) AD/BELL 214/7 specifically, are made under the Civil Aviation Act 1988 to ensure compliance with international safety standards as per the Convention on International Civil Aviation. AD/BELL 214/7 pertains to Bell Helicopter Textron 214 series helicopters registered in Australia, enforcing the requirements of FAA AD 85-23-05 issued by the United States Federal Aviation Administration (FAA). The directive applies to all operators of Bell 214 series helicopters within Australia, ensuring they meet specific safety criteria. Although the AD applies universally to the mentioned aircraft, the Civil Aviation Safety Authority (CASA) retains the discretion to grant exclusions or approve alternative means of compliance. This AD does not necessitate additional consultation as it aligns with CASA's obligations under international agreements and does not engage any of the rights or freedoms recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR), specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a type of aircraft or aeronautical product, as mandated by section 98 of the Civil Aviation Act 1988. Regulation 39.001A further clarifies that an airworthiness directive includes Foreign State of Design ADs issued on or after 1 October 2009. AD/BELL 214/7 is an example of such an AD, issued by CASA to mandate the requirements of FAA AD 85-23-05 for Bell Helicopter Textron 214 series helicopters, ensuring that the AD applies to Australian aircraft. This AD is necessary because the United States, as the State of Design for these helicopters, issued FAA AD 85-23-05 in 1985, and there is a Bell 214 series helicopter on the Australian aircraft register. The AD imposes several obligations on the parties and entities it governs. Primarily, it requires Australian operators of Bell Helicopter Textron 214 series helicopters to comply with the directives outlined in FAA AD 85-23-05. This includes ensuring that the collective sleeve, a critical component of the aircraft's flight control system, meets the specified airworthiness standards. Operators must follow the procedures and timelines provided in the AD to implement the necessary modifications or inspections. CASA retains the authority to grant an exclusion from the AD or approve an alternative means of compliance, providing some flexibility in adherence to the directive. Failure to comply with AD/BELL 214/7 may result in various civil and criminal consequences. Under section 41 of the Civil Aviation Act 1988, non-compliance with an airworthiness directive can lead to enforcement actions by CASA. The penalties for non-compliance can include fines and other administrative sanctions. In severe cases, CASA may take enforcement actions that could lead to prosecution under the criminal provisions of the Act, potentially resulting in imprisonment for individuals and fines for corporations. The exact penalties depend on the specific circumstances and the severity of the non-compliance. The AD serves to ensure the continued safety and airworthiness of Bell Helicopter Textron 214 series helicopters operating in Australia, thereby protecting public safety and adhering to international aviation safety standards.

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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.