AD/BELL 214/9 Main Rotor Yoke Assembly

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

Legislation au F2018L01025 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/BELL 214/9 – Main Rotor Yoke Assembly

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.

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

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 issued AD 93‑21-10 (FAA AD) affecting Bell Helicopter Textron 214 series helicopters in 1993. 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 93‑21-10 pre-dates the automatic acceptance of foreign State of Design ADs under Part 39 of CASR, CASA has issued AD/BELL 214/9 to mandate the requirements of FAA AD 93‑21-10, as in force at the date of issue of AD/BELL 214/9.

Documents Incorporated by Reference

The specific technical requirements of the FAA AD are stated in the following technical document, which is incorporated into AD/BELL 214/9 by reference:

  • Bell Helicopter Textron Inc. Alert Service Bulletin 214-87-37 Revision A, dated 10 September 1987, which introduces new life limits for P/N 214‑010‑105-001 main rotor yoke assemblies and also introduces new airspeed vs altitude restrictions for the Bell 214B and 214B-1 aircraft. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date mentioned above. The technical document is not freely available.

A technical document incorporated into this AD, which is not freely available, is a proprietary, copyright, fee-for-service document, prepared on a commercial basis. It can be purchased from the aircraft or component manufacturer by subscription.

As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant technical documents of the aircraft or engine manufacturer. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated technical document available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the direction instrument, or to any interested person.

The FAA AD is freely available from the FAA’s website at the following internet address:

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/5271448DC992D84886256A4D0072285A?OpenDocument&Highlight=93-21-10

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 17 July 2018.

[Instrument number AD/BELL 214/9]


 

Attachment 1

Statement of Compatibility with Human Rights

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

AD/BELL 214/9 – Main Rotor Yoke Assembly

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 214/9 has been issued to mandate the requirements of FAA AD 93‑21-10, 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 (CASR), enacted under the Civil Aviation Act 1988, aim to ensure the safety and efficiency of civil aviation in Australia. The regulations provide the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that address safety issues in aircraft, aeronautical products, and other aviation-related matters. The specific problem addressed by AD/BELL 214/9 is the need to mandate the requirements of the United States Federal Aviation Administration's (FAA) Airworthiness Directive 93-21-10, which pertains to Bell Helicopter Textron 214 series helicopters. This action is in accordance with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which outlines the responsibilities of States of Design and States of Registry in maintaining the continuing airworthiness of aircraft. The policy objective of AD/BELL 214/9 is to ensure that Bell 214 series helicopters in Australia comply with the safety standards set by the FAA, thereby maintaining the overall safety of civil aviation in Australia. The AD/BELL 214/9 was made by a delegate of CASA, relying on the authority conferred under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The AD came into effect on 17 July 2018. This legislative instrument is designed to be compatible with human rights as it does not engage any of the applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. CASA determined that no further consultation was necessary under the Legislation Act 2003, and a Regulation Impact Statement was not required due to a standing agreement between CASA and the Office of Best Practice Regulation.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR), as amended by AD/BELL 214/9, apply to any aircraft operator who owns or operates a Bell Helicopter Textron 214 series helicopter registered in Australia. The directive mandates compliance with the requirements of FAA AD 93‑21-10, specifically concerning the main rotor yoke assembly and airspeed versus altitude restrictions. The scope of this regulation is national, extending to all Bell 214 series helicopters registered under Australian jurisdiction. While the AD is binding and mandatory, the Civil Aviation Safety Authority (CASA) has the discretion to grant exclusions or approve alternative means of compliance for individual aircraft. The AD does not explicitly provide for exclusions or exemptions, but the regulatory framework allows for flexibility in certain cases. The AD/BELL 214/9, being a legislative instrument under the Civil Aviation Act 1988, extends its application through the incorporation of referenced technical documents, which are not freely available but can be accessed under specific conditions by CASA for viewing. The AD commenced on 17 July 2018, and its application is integral to maintaining the airworthiness of the specified aircraft type in accordance with international aviation safety standards.

Key Provisions

The key provisions of AD/BELL 214/9 are found in the Civil Aviation Safety Regulations 1998 (CASR), specifically under regulation 39.001 (subsections 98(5B) and (5BA)) which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Section 98(5D) of the Civil Aviation Act 1988 further allows for the incorporation of technical documents into the ADs. AD/BELL 214/9 mandates the requirements of FAA AD 93-21-10 for Bell Helicopter Textron 214 series helicopters, incorporating specific technical requirements from Bell Helicopter Textron Inc. Alert Service Bulletin 214-87-37 Revision A. The AD imposes several obligations on the parties governed by it, primarily aircraft operators and owners of Bell 214 series helicopters registered in Australia. These obligations include adhering to the new life limits for main rotor yoke assemblies (P/N 214-010-105-001) and observing new airspeed versus altitude restrictions for Bell 214B and 214B-1 aircraft as specified in the incorporated technical document. Operators must ensure compliance with these directives to maintain the airworthiness of their aircraft. In terms of consequences for non-compliance, breaches of the AD may lead to significant civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with ADs can result in substantial fines. Specifically, CASA can impose penalties of up to $375,000 for corporations and $75,000 for individuals for breaches of ADs. Furthermore, non-compliance can result in the grounding of the affected aircraft, which would effectively prevent the aircraft from operating in Australian and international airspace. In severe cases, CASA can also refer the matter to the Australian Federal Police for potential criminal prosecution, which could lead to further penalties including imprisonment. CASA, as the regulatory authority, also has the power to issue compliance orders and take enforcement actions to ensure adherence to the AD. These actions may include inspections, audits, and the suspension or revocation of airworthiness certificates if compliance is not maintained. The AD underscores the importance of adhering to safety directives to ensure the safety and airworthiness of aircraft operating in Australian airspace.

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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.