Navigate / EASA
AMC1 21L.B.23(b) Airworthiness directives

ED Decision 2023/013/R

UNSAFE CONDITION

An unsafe condition exists if there is factual evidence (from in-service experience, analysis or tests) that:

(a) an event may occur that would result in fatalities, usually with the loss of the aircraft, or reduce the capability of the aircraft or the ability of the crew to cope with adverse operating conditions to the extent that there would be:

(i) a large reduction in safety margins or functional capabilities; or

(ii) physical distress or excessive workload such that the flight crew cannot be relied upon to perform their tasks accurately or completely; or

(iii) serious or fatal injury to one or more occupants,

unless it is shown that the probability of such an event is within the limit defined by the applicable certification specifications; or

(b) there is an unacceptable risk of serious or fatal injury to persons other than occupants; or

(c) design features intended to minimise the effects of survivable accidents do not perform their intended function.

Note 1: Non-compliance with the applicable certification specifications or technical specifications is generally considered as an unsafe condition, unless it is shown that possible events resulting from this non-compliance do not constitute an unsafe condition as defined under points (a), (b) and (c).

Note 2: An unsafe condition may exist even though applicable airworthiness requirements are complied with.

Note 3: The definition in points (a), (b) and (c) covers the majority of cases where EASA considers there is an unsafe condition. There may be other cases where overriding safety considerations may lead EASA to issue an airworthiness directive.

Note 4: There may be cases where events can be considered as an unsafe condition if they occur too frequently (significantly beyond the applicable safety objectives) and could eventually lead to the consequences listed in point (a) in specific operating environments. Although having less severe immediate consequences than those listed in point (a), the referenced events may reduce the capability of the aircraft or the ability of the crew to cope with adverse operating conditions to the extent that there would be, for example, a significant reduction in safety margins or functional capabilities, a significant increase in crew workload, or in conditions impairing crew efficiency, or discomfort to occupants, possibly including injuries.