AD/BEA 121/27 Amdt 3 - Control Column Handgrip Fitting

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Legislation au F2016L01270 In force Legislative Instrument

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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

Overview

The Civil Aviation Safety Regulations 1998, amended by AD/BEA 121/27 Amdt 3, were introduced to address an unsafe condition affecting de Havilland Support Beagle B.121 (Pup) aircraft, specifically concerning the control column handgrip fitting. This amendment was made in response to a request from the industry, providing operators with additional options for compliance with inspection requirements. The Civil Aviation Act 1988 empowers the Governor-General to enact regulations that ensure the safety of air navigation, and the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). The AD/BEA 121/27 Amdt 3 replaces the previous AD/BEA 121/27 Amdt 2, incorporating Service Bulletin (SB) B121/95 Revision 4, which provides operators with two options: replacement of the handgrips every five years if the aircraft and handgrips are not covered when not in use, or every ten years if they are kept covered. This legislative instrument, made by a delegate of CASA, commenced on 29 August 2016, and a Statement of Compatibility with Human Rights confirms its alignment with international human rights standards.

Scope and Application

The AD/BEA 121/27 Amdt 3 pertains specifically to the control column handgrip fittings of de Havilland Support Beagle B.121 (Pup) aircraft registered in Australia, providing operators with additional options for compliance with inspection requirements. It applies to all operators of these aircraft within Australia, ensuring the safety of air navigation as mandated under the Civil Aviation Act 1988. This legislative instrument was made under the power conferred by the Civil Aviation Safety Regulations 1998, and it repeals and replaces the previous AD/BEA 121/27 Amdt 2. The instrument became effective on 29 August 2016, and no further consultation was deemed necessary by CASA due to its minor nature and limited alteration to existing arrangements. The AD does not require a Regulation Impact Statement or a Statement of Compatibility with Human Rights, as it does not engage any of the applicable rights or freedoms and is compatible with human rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 (Act) provide a framework for ensuring the safety of air navigation. Regulation 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. This authority is exercised under section 98 of the Act, enabling CASA to create legislation in the interest of air navigation safety. Specifically, AD/BEA 121/27 Amdt 3 pertains to the control column handgrip fitting on de Havilland Support Beagle B.121 (Pup) aircraft, providing two compliance options for operators: replacement of handgrips every five years if the aircraft and handgrips are not covered when not in use, or every ten years if they are kept covered. This amendment repeals and replaces the previous AD issued in 1991, responding to industry requests for more flexible compliance options. The AD imposes specific obligations on operators of the de Havilland Support Beagle B.121 (Pup) aircraft registered in Australia. Operators must adhere to one of the two options provided: either replace the control column handgrips every five years if they are exposed when not in use, or every ten years if they are kept covered. Compliance with these inspection and replacement requirements is mandatory to ensure the continuing airworthiness of the aircraft. Operators are also required to maintain records of the inspections and any replacements carried out, as part of the ongoing maintenance and safety protocols mandated by CASA. Failure to comply with the requirements set forth in AD/BEA 121/27 Amdt 3 can result in significant legal and safety consequences. The Act empowers CASA to enforce these regulations, and non-compliance may lead to enforcement actions. While specific penalties are not detailed in the explanatory statement, breaches of airworthiness directives typically result in penalties that can include fines, suspension, or revocation of airworthiness certificates, and in severe cases, criminal charges against the operators or responsible individuals. The overarching aim is to ensure that all operators maintain the safety standards necessary to prevent unsafe conditions on aircraft, thereby protecting the public and maintaining the integrity of the aviation system. Under the Acts Interpretation Act 1901, CASA's power to issue, repeal, or amend legislative instruments such as ADs includes the ability to enforce compliance rigorously. This legislative framework is supported by international agreements, such as Annex 8 to the Convention on International Civil Aviation, which mandates that States of Design and States of Registry take responsibility for the continuing airworthiness of aircraft. The AD/BEA 121/27 Amdt 3 reflects CASA's commitment to ensuring that Australian-registered aircraft meet international safety standards, even in the absence of action by the State of Design. The compatibility of this AD with human rights is affirmed in a Statement of Compatibility with Human Rights, which confirms that the instrument does not engage any of the applicable rights or freedoms as recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

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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.