Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/BEA 121/27 Amdt 3 — Control Column Handgrip Fitting
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/BEA 121/27 Amdt 2 to correct an unsafe condition on de Havilland Support Beagle B.121 (Pup) aircraft in 1991. The AD introduced revised inspection procedures to ensure that handgrips fitted to the control columns of Pup aircraft, are airworthy. The State of Design for this type, the United Kingdom Civil Aviation Authority, has not yet taken action to correct this unsafe condition. As there are several examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has issued AD/BEA 121/27 Amdt 3 to incorporate Beagle Pup Service Bulletin (SB) B121/95 Revision 4. Revision 4 of the SB provides two options to the operators; option 1 requires replacement of the handgrips at intervals of 5 years if the aircraft and the handgrips are not covered when not in use. Option 2 requires replacement of the handgrips at intervals of 10 years if the aircraft and the handgrips are kept covered when not in use. This AD repeals and replaces the previous AD on this subject.
Consultation
This AD is being made at the request of industry, in particular an operator of the Beagle B.121 (Pup) series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from providing operators additional options to comply with the inspection requirements, 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.
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 29 August 2016.
[Instrument number AD/BEA 121/27 Amdt 3]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/BEA 121/27 Amdt 3 – Control Column Handgrip Fitting
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/BEA 121/27 Amdt 2 affecting de Havilland Support Beagle B.121 (Pup) aircraft in 1991. The State of Design for this type, the United Kingdom Civil Aviation Authority, has not yet taken action to correct this unsafe condition. As there are several examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has repealed and replaced AD/BEA 121/27 Amdt 2 to incorporate Beagle Pup Service Bulletin (SB) B121/95 Revision 4. Revision 4 of the SB provides two options to the operators; option 1 requires replacement of the handgrips at intervals of 5 years if the aircraft and the handgrips are not covered when not in use. Option 2 requires replacement of the handgrips at intervals of 10 years if the aircraft and the handgrips are kept covered when not in use.
The primary purpose of this legislative instrument is to provide operators additional options to comply with the inspection requirements.
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