AD/R44/23 - R44 Bladder Fuel tank Retrofit

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

Legislation au F2013L00698 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/R44/23 — R44 Bladder Fuel Tank Retrofit

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. 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.

CASA has issued AD/R44/23 to correct an unsafe situation on Robinson R44 aircraft.  This Airworthiness Directive requires R44 helicopters fitted with all-aluminium fuel tanks to be retrofitted with bladder-type tanks, to improve the R44 fuel system’s resistance to a post-accident fuel leak.  Recent post-crash fires in Australia have prompted CASA to mandate the manufacturer’s service bulletin to reduce the risk of further post-crash fires and increase survivability of such an event.

The State of Design for this type, the United States of America, has not yet taken action to correct this unsafe condition.  As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.

Consultation

CASA issued a notice to all R44 operators on 5 February 2013 strongly recommending the fitment of the improved bladder tanks at the earliest opportunity. It was also requested that all operators advise CASA of the status of each affected rotorcraft.

CASA issued instrument CASA 47/13 to all R44 operators on 28 March 2013 requiring all R44 operators to provide certain information to CASA, namely what system of maintenance was being used. This direction also reminded all operators that aircraft maintained under the manufacturer’s maintenance schedule must comply with all manufacturers Service Bulletins including SB-78B requiring the fitment of bladder fuel tanks by 30 April 2013. The notes to the direction stated that CASA proposed that any aircraft not being found to have fitted the fuel tanks by 30 April 2013 would be directed to do so.

As at 29 April, CASA had yet to receive responses from 177 aircraft operators. Due to the potential risk of aircraft not being modified by 30 April 2013, CASA has determined that an urgent Airworthiness Directive is the most appropriate mechanism to ensure operators are fully aware of the requirement to comply with the Service Bulletin by 30 April 2013 to ensure the safety of the fleet.

A Regulation Impact Statement (RIS) is not required because the proposal is covered by a standing agreement between CASA and OBPR under which a RIS is not required for Australian and Foreign issued Airworthiness Directives (OBPR id: 14507).

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Commencement and making

The instrument commences on 30 April 2013.

This 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.

 

[Instrument number AD/R44/23]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA AD/R44/23 — R44 Bladder Fuel Tank Retrofit

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 purpose of this legislative instrument is to ensure that all Robinson R44 helicopters are fitted with improved bladder type fuel tanks.

This Airworthiness Directive relates to or modification of specified aeronautical products.

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 were enacted to provide a comprehensive framework for ensuring the safety of civil aviation in Australia. These regulations were introduced to address the need for robust and uniform safety standards in the civil aviation sector, enabling the Civil Aviation Safety Authority (CASA) to implement and enforce safety regulations effectively. CASA, acting under the authority granted by the Civil Aviation Act 1988, issued Airworthiness Directive (AD) AD/R44/23 to address a significant safety concern with Robinson R44 helicopters. Specifically, this directive mandates the retrofitting of all-aluminium fuel tanks with bladder-type tanks to enhance the aircraft's resistance to post-accident fuel leaks and fires, thereby improving overall safety. The directive was issued in response to recent post-crash fires in Australia and aims to reduce the risk of such incidents, ultimately increasing the survivability of accidents involving these aircraft.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by AD/R44/23, apply specifically to all Robinson R44 helicopters registered in Australia and operated by Australian entities or individuals. This Airworthiness Directive is a legislative instrument under the Civil Aviation Act 1988, aimed at addressing a safety issue concerning the fuel tanks of the R44 helicopters. The requirement for retrofitting all-aluminium fuel tanks with bladder-type tanks is intended to mitigate the risk of post-accident fuel leaks and subsequent fires, thereby enhancing the survivability of occupants in case of accidents. The regulation mandates compliance by 30 April 2013 and applies to any helicopter of this type within Australia’s jurisdiction, irrespective of the operator. The instrument extends its reach by requiring operators to provide specific maintenance information to the Civil Aviation Safety Authority (CASA) and mandates adherence to the manufacturer's service bulletin. The exclusion from the scope of this directive is any R44 helicopter not registered in Australia or not operated within its jurisdiction. CASA has the authority to enforce compliance through subordinate instruments if necessary, ensuring the safety and airworthiness of the R44 helicopter fleet in Australia.

Key Provisions

The main sections of AD/R44/23 are grounded in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. This directive, AD/R44/23, mandates that all Robinson R44 helicopters fitted with all-aluminium fuel tanks must be retrofitted with bladder-type tanks to enhance the fuel system's resistance to post-accident fuel leaks. This requirement aims to mitigate the risk of post-crash fires and improve the survivability of such incidents. The directive applies universally to all R44 helicopters registered in Australia. The obligations imposed by AD/R44/23 on the parties it governs are clear and stringent. All operators of Robinson R44 helicopters must ensure that their aircraft are retrofitted with bladder-type fuel tanks by the specified deadline, 30 April 2013. Operators are required to comply with the manufacturer’s service bulletin, specifically SB-78B, which mandates the fitment of these improved fuel tanks. Additionally, operators must provide CASA with specific information regarding their maintenance systems and confirm compliance with the mandated modifications. Failure to comply with these requirements risks non-compliance with the AD and potentially the grounding of non-compliant aircraft. The consequences of breaching AD/R44/23 are serious, as it is an airworthiness directive issued under the Civil Aviation Act 1988. Non-compliance with an AD can lead to severe civil or criminal penalties. Civil penalties can include fines and other monetary penalties, while criminal penalties can include imprisonment. The exact penalties are not specified in the directive but can be severe, reflecting the critical nature of airworthiness and safety in aviation. CASA has the authority to enforce these directives and can take action against non-compliant operators, including issuing fines or grounding non-compliant aircraft. This underscores the importance of adhering to the directive to maintain the safety standards required by Australian aviation law.

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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.