Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/R44/25 — 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 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. Therefore, this AD is a legislative instrument.
CASA has issued AD/R44/25 to correct an unsafe situation on Robinson R44 helicopters.
The NZ CAA received a report of a crack in the trailing edge of a R44 main rotor blade and published Continuing Airworthiness Notice (CAN) 62-003 on 26 January 2015. Investigation of a fatal accident in NZ on 19 February 2015 suggested that the aircraft may have experienced an in-flight main rotor blade failure of a similar nature.
The NZ CAA issued AD DCA/R44/31 in response to the accident immediately grounding the R44 fleet. The NZ CAA subsequently issued AD DCA/R44/32, superseding DCA/R44/31 and mandating the requirements of Robinson Helicopter R44 Safety Alert dated 23 February 2015. An Australian operator inspected his aircraft after seeing the NZ AD and found the same cracking; he reported the discovery to CASA.
CASA has issued AD/R44/25 to mandate a visual inspection before every flight, in accordance with Robinson Helicopter R44 Safety Alert dated 23 February 2015.
The State of Design for this type, the United States of America, has issued Special Airworthiness Information Bulletin (SAIB) SW-15-08, dated 23 February 2015, an advisory document based on NZ CAA CAN 62-003. The SAIB was issued prior to the fatal accident in another R44 having the same P/N rotor blades. As there are many examples of the R44 helicopter on the Australian register, CASA has developed an AD to address the problem on Australian rotorcraft.
Consultation
Consultation has not taken place as required under the LIA because the instrument was issued to deal with emergency circumstances.
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.
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.
The instrument commences on the day of registration.
[Instrument number AD/R44/25]
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– 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
The legislative instrument is an airworthiness directive (AD). AD/R44/25 has been issued to ensure to correct an identified unsafe condition in Robinson R44 main rotor blades part number C016-7. The AD requires a visual inspection before every flight, in accordance with Robinson Helicopter R44 Safety Alert dated 23 February 2015.
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