AD/R44/25 Amdt 2 — Main Rotor Blades

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

Legislation au F2015L00529 Not in force Legislative Instrument

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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

Overview

The Civil Aviation Safety Regulations 1998, as amended by AD/R44/25 Amdt 2, address the unsafe condition of the Robinson Helicopter Company R44 type helicopters, specifically concerning the failure of the C016-7 main rotor blade. This amendment was enacted to ensure the continuing airworthiness of these helicopters on the Australian register, as the State of Design, the United States of America, had not yet taken corrective action. This legislative instrument was issued by the Civil Aviation Safety Authority (CASA) under the authority conferred by section 98 of the Civil Aviation Act 1988, with the primary policy objective being the safety of air navigation. The amendment introduces a daily preflight inspection requirement and provides an alternative compliance option by modifying the main rotor blades in accordance with the Robinson R44 Service Bulletin SB-89. This legislative action ensures that Australian operators of the R44 helicopter series can continue to operate safely until the State of Design implements a permanent solution.

Scope and Application

The AD/R44/25 Amdt 2 applies to Robinson R44 series helicopters registered in Australia, thereby targeting the maintenance and operational standards of these specific aircraft to ensure safety. This legislative instrument is issued by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. It is specifically tailored to address the unsafe condition related to the failure of the C016-7 main rotor blade, which could potentially lead to loss of control. However, the directive does not apply to those R44 helicopters that have already complied with the Robinson R44 Service Bulletin SB-89, which provides an alternative method for rectifying the issue. The AD aims to mandate a daily preflight inspection as a precautionary measure, reinforcing the safety protocols for these helicopters within Australia’s jurisdiction. This legislative instrument, being a minor amendment, does not require further consultation or a Regulation Impact Statement as per CASA’s existing agreements and protocols. It is compatible with human rights, as determined by the Statement of Compatibility with Human Rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998, as amended by AD/R44/25 Amdt 2, require a daily preflight inspection for Robinson R44 helicopters and offer an alternative compliance route via modification of the main rotor blades as per the Service Bulletin SB-89. This amendment to the AD was made to address a safety issue concerning the potential failure of the C016-7 main rotor blade, which could lead to loss of control. The AD specifically applies to R44 helicopters registered in Australia and does not apply to those that have already complied with the Service Bulletin SB-89. The obligations imposed by this Act include ensuring that all operators of R44 helicopters in Australia adhere to the requirements of AD/R44/25 Amdt 2. This includes conducting a daily preflight inspection to check for any signs of blade failure or damage. Operators must maintain records of these inspections and ensure that the aircraft is not operated if any issues are detected. Additionally, operators who choose to modify their main rotor blades in accordance with the Service Bulletin SB-89 must ensure that the modifications are carried out by a certified repair facility and that the aircraft complies with all other relevant safety requirements. There are no specific offences or penalties outlined in this particular AD. However, failure to comply with airworthiness directives in general can lead to serious consequences, including fines and potential criminal charges. Under the Civil Aviation Act 1988, non-compliance can result in penalties for both individuals and corporations, with fines potentially reaching up to $222,200 for serious offences. In addition, non-compliance with ADs can also result in the suspension or revocation of an aircraft’s certificate of airworthiness, effectively grounding the aircraft until the issues are rectified. It is important to note that the AD is a legislative instrument, meaning that it has the force of law and must be complied with by all affected parties. The Civil Aviation Safety Authority (CASA) has the authority to enforce the AD and take appropriate action against those who fail to comply. This includes the potential for legal action to be taken, which could result in significant financial penalties and other consequences for non-compliance.

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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.