AD/R44/26 Helipod R44 Five Place Seating Kit - Removal from Service

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Legislation au F2018L01533 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA AD/R44/26 - Helipod R44 Five Place Seating Kit - Removal From Service

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), 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.

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. Regulation 39.001A of CASR 1998, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.

The Civil Aviation Authority of New Zealand (CAA) issued AD DCA/R44/25 affecting Helipod 5 place seating modification kit MHPR44BS25200 for Robinson Helicopter Company R44 series helicopters in 2007. The New Zealand CAA are the approving Authority for these modification kits. As there is a small possibility that helicopters fitted with these kits were sold/exported to Australia and may be on the Australian aircraft register, and as the New Zealand CAA AD pre-dates the automatic acceptance of foreign State of Design ADs under Part 39 of CASR, CASA has issued AD/R44/26 to mandate the requirements that also appear in  New Zealand CAA AD DCA/R44/25, but AD/R44/26 does not incorporate by reference New Zealand CAA AD DCA/R44/25.

Consultation

As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation 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 (OBPR id. 14507).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

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.

The instrument commences on 9 November 2018.

[Instrument number AD/R44/26]


Attachment 1

Statement of Compatibility with Human Rights

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

CASA AD/R44/26 - Helipod R44 Five Place Seating Kit - Removal From Service

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/R44/26 has been issued to mandate the requirements that also appear in New Zealand CAA AD DCA/R44/25, applicable to Helipod 5 place seating modification kit MHPR44BS25200 for Robinson Helicopter Company R44 series helicopters in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation.

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 Authority (CASA) has issued the airworthiness directive (AD) AD/R44/26, which pertains to the Helipod R44 Five Place Seating Kit for Robinson Helicopter Company R44 series helicopters. This directive was enacted under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, addressing a safety concern identified by the New Zealand Civil Aviation Authority in 2007. The AD was introduced to ensure that any helicopters fitted with the specified modification kits, which may have been sold or exported to Australia and are registered in Australia, comply with necessary safety standards. This measure aligns with Australia's obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types. The AD mandates the removal of service of the affected seating kits to mitigate any potential safety risks, ensuring compliance with international safety standards. The directive was made without the need for further consultation as it falls under CASA's obligations under Annex 8 to the Convention on International Civil Aviation, and a Regulation Impact Statement was not required due to an existing agreement between CASA and the Office of Best Practice Regulation.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988 apply to all aircraft registered in Australia, and their operation, maintenance, and airworthiness standards. The scope of these regulations encompasses all entities involved in the civil aviation industry, including aircraft operators, maintenance providers, and aviation professionals. The Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) under regulation 39.001 of CASR, which are legally binding and apply to specific aircraft types or aeronautical products unless they pertain to a particular person or aircraft. The AD/R44/26, issued by CASA, specifically mandates the removal from service of the Helipod 5 place seating modification kit MHPR44BS25200 for Robinson Helicopter Company R44 series helicopters, aligning with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation. This AD applies to any such helicopters potentially registered in Australia, although CASA may grant exclusions or approve alternative compliance means. The AD was made under the delegation powers outlined in subregulation 11.260(1) of CASR and subsection 94(1) of the Act, and it commenced on 9 November 2018.

Key Provisions

The key operative sections of CASA AD/R44/26 (paragraphs 1 to 5) mandate that the five-place seating modification kit MHPR44BS25200 for Robinson Helicopter Company R44 series helicopters must be removed from service. This requirement stems from the potential safety concerns identified by the New Zealand Civil Aviation Authority (NZ CAA) in their AD DCA/R44/25, which CASA has adopted in AD/R44/26. The directive applies to any R44 helicopters currently registered in Australia that have this specific seating modification kit installed. These helicopters must cease operations and the modification kits must be removed to comply with the AD. The obligations imposed by AD/R44/26 on the relevant parties primarily involve ensuring the safety of the aircraft by adhering to the specified requirements. Operators of R44 helicopters with the MHPR44BS25200 modification kit must immediately remove the kit and notify CASA of the compliance action taken. Additionally, any person in charge of the aircraft must ensure that the aircraft does not operate until the modification kit has been removed and the necessary safety checks have been performed. These obligations are crucial to maintaining the continuing airworthiness of the affected aircraft and ensuring compliance with international aviation safety standards. Failure to comply with AD/R44/26 may result in civil or criminal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines. The specific amount of the fine can vary based on the nature and severity of the breach, but it can be substantial. Additionally, continued operation of an aircraft that does not comply with the AD could result in criminal charges, including imprisonment, as the AD is a legislative instrument. The maximum penalties for such offences are prescribed under the Civil Aviation Act and may include fines and imprisonment terms that reflect the seriousness of the safety risk posed by 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.