AD/BEECH 200/38 Amdt 6 - Wing Front Spars

Overview

The Civil Aviation Safety Regulations 1998 were enacted by the Parliament of Australia to regulate the safety of air navigation, ensuring the continuing airworthiness of aircraft registered in Australia. The 1998 Regulations were introduced to address the need for comprehensive and consistent safety standards in civil aviation, aligning with international standards set by the International Civil Aviation Organization (ICAO). One of the key provisions of these regulations is the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate safety requirements for specific aircraft types. AD/BEECH 200/38 Amendment 6, which became effective on 24 May 2013, is an example of such an AD, responding to industry requests to allow the use of future revisions of the Structural Inspection and Repair Manual (SIRM) for the Beechcraft 200 series aircraft. This amendment was made by a delegate of CASA under the authority delegated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The policy objective is to enhance safety by ensuring that aircraft maintain their airworthiness through the use of updated repair and inspection manuals, while also maintaining compatibility with human rights as confirmed in the Statement of Compatibility with Human Rights.

Scope and Application

This legislative instrument, AD/BEECH 200/38 Amendment 6, applies to the Beechcraft 200 series aircraft registered in Australia, ensuring compliance with the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988. The instrument allows for the use of future revisions of the Beechcraft 200 Structural Inspection and Repair Manual (SIRM), which was issued by Hawker Beechcraft in August 2012. Although the United States, as the State of Design, does not mandate the SIRM instructions, this amendment responds to a request from the industry, specifically an operator of the Beechcraft 200 series aircraft. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, has issued this amendment to mandate the requirements of the State of Design in Australia. This legislative instrument is compatible with human rights and does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The amendment comes into effect on 24 May 2013, following a delegation of power under subregulation 11.260(1) of CASR 1998 and subsection 94(1) of the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Regulation 39.001(5) specifies that an AD is a disallowable instrument, and thus a legislative instrument, under the Acts Interpretation Act 1901. AD/BEECH 200/38 Amendment 6 pertains specifically to the Beechcraft 200 series aircraft and allows for the use of future revisions of the Structural Inspection and Repair Manual (SIRM) as requested by industry. This amendment becomes effective on 24 May 2013, replacing the previous AD/BEECH 200/38 Amendment 5. The obligations imposed by AD/BEECH 200/38 Amendment 6 require operators of the Beechcraft 200 series aircraft to adhere to the updated SIRM instructions as outlined in any future revisions of the manual. CASA, as the national airworthiness authority, is mandated to assess the information provided by the State of Design and, if appropriate, issue an Australian AD to ensure compliance with the continuing airworthiness requirements. Operators must ensure that all inspections and repairs on their aircraft are conducted in accordance with the approved SIRM to maintain the aircraft's airworthiness. Failure to comply with the requirements set out in AD/BEECH 200/38 Amendment 6 could result in civil or criminal penalties. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to penalties, including fines and potential criminal charges. The maximum penalties for such breaches are detailed in the relevant sections of the Act, which may include substantial financial penalties and imprisonment for serious offences. CASA has the authority to enforce these regulations and may take appropriate action against non-compliant operators. The legislative instrument has been reviewed for compatibility with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The Office of Regulatory Review determined that ADs do not require a Regulatory Impact Statement, and the instrument is deemed compatible with human rights, as it does not engage any of the applicable rights or freedoms. This compatibility statement is provided in Attachment 1 to the AD. The instrument was made by a delegate of CASA, relying on the power of delegation under subregulation 11.260(1) of the CASR 1998 and subsection 94(1) of the Act.