Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/R44/25 Amdt 2 — Main Rotor Blades
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 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. Therefore, this AD is a legislative instrument.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
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.
CASA issued AD/R44/25 Amdt 1 on 27 February 2015 to correct an unsafe situation on the Robinson Helicopter Company R44 type (R44 helicopter). The AD was issued to prevent the loss of control due to failure of the C016-7 main rotor blade. The State of Design for the R44 helicopter, the United States of America, has not yet taken action to correct this unsafe condition. As there are many examples of the R44 helicopter on the Australian register, CASA has developed an AD to correct the problem on Australian rotorcraft. As a result of additional information and the introduction of a modification to improve the strength of the P/N C016-7 main rotor blades, CASA has issued AD/R44/25 Amdt 2 to require a daily preflight inspection. The AD does not apply to R44 helicopters that have complied with Robinson R44 Service Bulletin SB-89 (the Service Bulletin) issued on 30 March 2015. This AD repeals and replaces AD/R44/25 Amdt 1.
Consultation
This AD is being made at the request of the Robinson Helicopter Company, the manufacturer of R44 helicopters. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from introducing a daily preflight inspection and providing an alternative by modifying the main rotor blades in accordance with the Service Bulletin, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument 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 15 April 2015.
[Instrument number AD/R44/25 Amdt 2]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/R44/25 Amdt 2 – Main Rotor Blades
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
CASA issued AD/R44/25 Amdt 1 on 27 February 2015 affecting Robinson R44 series helicopters. 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 rotorcraft. As a result of a request from the Robinson Helicopter Company, the manufacturer of R44 series helicopters, CASA has repealed and replaced AD/R44/25 Amdt 1 to introduce a daily preflight inspection. Helicopters that comply with Robinson R44 Service Bulletin SB-89 do not need to comply with the AD.
The primary purpose of this legislative instrument is to introduce a daily preflight inspection and provide operators with an alternative to complying with the AD.
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