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
Overview
The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia, providing a legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). AD/R44/25 was introduced in response to safety concerns identified in Robinson R44 helicopters, particularly the risk of in-flight main rotor blade failure due to cracking. This AD was issued following reports of blade failures in New Zealand and subsequent investigations into a fatal accident. CASA issued AD/R44/25 as an emergency measure, mandating a visual inspection before every flight to address the identified unsafe condition. The instrument was made under the delegation powers provided by the Civil Aviation Act 1988, aiming to enhance the safety of air navigation. The issuing of AD/R44/25 was not preceded by consultation as required under the Legislative Instruments Act 2003 due to the urgent nature of the safety issue. The compatibility of this AD with human rights has been confirmed, indicating no adverse impact on recognised human rights.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to the aviation industry within Australia, mandating safety standards and procedures to ensure the safe operation of aircraft and aeronautical products. The authority to create these regulations stems from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to enact rules for the safety of air navigation. The Civil Aviation Safety Authority (CASA) is authorised under regulation 39.001 of the CASR 1998 to issue airworthiness directives (ADs) applicable to certain types of aircraft or aeronautical products. ADs, unless specified otherwise, function as legislative instruments under subsections 98(5B) and (5BA) of the Act. AD/R44/25 is a legislative instrument issued by CASA to address a safety concern involving cracks in the main rotor blades of Robinson R44 helicopters, a matter arising from a report received by the New Zealand Civil Aviation Authority (NZ CAA). The directive mandates a visual inspection before each flight, aligning with the Robinson Helicopter R44 Safety Alert dated 23 February 2015, and applies to all Robinson R44 helicopters registered in Australia. While ADs are generally subject to consultation, AD/R44/25 was issued without consultation due to the urgency of the situation, under the powers delegated to CASA by subregulation 11.260(1) of the CASR 1998 and subsection 94(1) of the Act. The directive is exempt from requiring a Regulation Impact Statement or a Statement of Compatibility with Human Rights, as stipulated by agreements between CASA and the Office of Best Practice Regulation, and it is deemed compatible with human rights.
Key Provisions
The primary operative section of the Civil Aviation Safety Regulations 1998 (CASR 1998) in this context is regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. AD/R44/25 specifically targets the Robinson R44 helicopters to address a safety concern regarding the main rotor blades. This AD mandates a visual inspection before every flight, in accordance with the Robinson Helicopter R44 Safety Alert dated 23 February 2015, to ensure the safety of the aircraft in light of identified risks.
The AD imposes clear obligations on the operators of Robinson R44 helicopters. These obligations include conducting a thorough visual inspection of the main rotor blades before each flight to detect any signs of cracking or other unsafe conditions. Operators must adhere to the guidelines set out in the Robinson Helicopter R44 Safety Alert to ensure compliance with the directive. CASA may also require operators to provide documentation or evidence of compliance with the inspection requirements, ensuring that the safety measures are effectively implemented.
Failure to comply with AD/R44/25 may result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can lead to enforcement actions by CASA. The potential penalties for breaches can include fines, legal proceedings, and the possibility of grounding the affected aircraft until the safety concerns are resolved. The exact penalties are not specified in the document, but they can be substantial, reflecting the importance of adhering to safety regulations in aviation.
The Statement of Compatibility with Human Rights, included as Attachment 1, confirms that AD/R44/25 is compatible with human rights as it does not engage any of the applicable rights or freedoms. This statement is in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, and it ensures that the legislative instrument does not raise any human rights issues. CASA has thus ensured that the directive is both legally sound and ethically justifiable within the framework of existing human rights legislation.