AD/BEECH 200/45 Amdt 5 Nose Gear Lower Shock Absorber Assembly

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L01010 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/BEECH 200/45 Amdt 5 — Nose Gear Lower Shock Absorber Assembly

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), the Civil Aviation Safety Authority (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.

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

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/BEECH 200/45 in response to FAA AD 2004-23-02 to mandate inspection of the nose landing gear for cracking. As a result of a request from industry, this amendment introduces a planning tolerance to align the inspections required with the aircraft phase inspection schedule detailed in the aircraft maintenance manual.

Documents Incorporated by Reference

The AD refers to FAA AD 2004-23-02 for information, explaining it as the source document for the requirements in the AD. The FAA AD is not incorporated by reference in the AD. The FAA AD is publicly available and can be found at the following internet address:

https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAD.nsf/AOCADSearch/14129E3D0AEDF15E86256F47005CD5B6?OpenDocument

Raytheon Aircraft Company Mandatory Service Bulletin (MSB) SB 32-2102 Revision 7 is incorporated by reference.

Technical documents referred to in this AD are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They may be purchased from the aircraft or component manufacturer by subscription.

As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant aircraft or engine manufacturer documentation, such as the Service Bulletins. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated documents available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the direction instrument, or to any interested person.

Consultation

This AD is being made at the request of industry, in particular an operator of the Beech 200 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from reducing the list of models affected by the AD, 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 sub regulation 11.260 (1) of CASR and subsection 94 (1) of the Act.

The instrument commences on 17 August 2021.

[Instrument number AD/BEECH 200/45 Amdt 5]

Attachment 1

Statement of Compatibility with Human Rights

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

AD/BEECH 200/45 Amdt 5 — Nose Gear Lower Shock Absorber

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/BEECH 200/45 Amdt 5 has been issued to introduce a planning tolerance to align the inspections required with the aircraft phase inspection schedule detailed in the aircraft maintenance manual.

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 civil aviation in Australia and align with international standards. The regulations were established under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations for the implementation of the Convention on International Civil Aviation, particularly focusing on safety. The Civil Aviation Safety Authority (CASA) issues airworthiness directives (AD) under these regulations to maintain the safety standards of aircraft and aeronautical products. The policy objective is to ensure the continuing airworthiness of aircraft by aligning with international standards and addressing specific safety concerns as identified by relevant authorities. The AD/BEECH 200/45 Amdt 5 was introduced in response to a Federal Aviation Administration directive, aiming to mandate inspections of the nose landing gear for cracking and to incorporate a planning tolerance to align with the aircraft's phase inspection schedule. This amendment was made following a request from the industry, ensuring that inspections are conducted in a manner that does not disrupt operational schedules.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework for ensuring the safety of civil aviation in Australia. Specifically, the AD/BEECH 200/45 Amdt 5 pertains to the inspection of the nose gear lower shock absorber assembly for certain Beech 200 series aircraft, aligning the required inspections with the aircraft's phase inspection schedule as detailed in the maintenance manual. This amendment applies to aircraft operators and owners of the affected aircraft models registered in Australia. While the AD is applicable nationally, its enforcement and compliance monitoring are overseen by the Civil Aviation Safety Authority (CASA). The AD does not incorporate FAA AD 2004-23-02 but refers to it for informational purposes, and Raytheon Aircraft Company Mandatory Service Bulletin (MSB) SB 32-2102 Revision 7 is incorporated by reference. The AD was made in response to industry requests and is considered a minor amendment, hence no further consultation was deemed necessary. The instrument commenced on 17 August 2021, made by a delegate of CASA under the authority of the Civil Aviation Safety Regulations 1998.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which serve as legislative instruments to ensure the continuing airworthiness of aircraft (section 98(5B) and (5BA) of the Civil Aviation Act 1988). AD/BEECH 200/45 Amdt 5, issued by CASA, is such an AD aimed at ensuring the safety of the nose landing gear on Beech 200 series aircraft. This amendment introduces a planning tolerance to align the required inspections with the aircraft's phase inspection schedule as detailed in the aircraft maintenance manual. This ensures that the inspections are conducted at appropriate intervals, thereby maintaining the safety standards set forth by international aviation regulations. The AD imposes specific obligations on the parties it governs. Aircraft operators and maintenance personnel must ensure that the inspections of the nose landing gear for cracking are conducted in accordance with the amended AD. This includes adhering to the planning tolerance introduced in the amendment, which allows for inspections to be scheduled within specific phases of the aircraft's operational cycle as outlined in the maintenance manual. Operators must keep records of these inspections and any identified issues must be addressed promptly to maintain the airworthiness of the aircraft. Violations of the AD/BEECH 200/45 Amdt 5 can lead to significant consequences. CASA has the authority to enforce compliance through various means, including the issuance of enforcement notices or directions, and in severe cases, CASA may suspend or cancel the aircraft's certificate of airworthiness. Non-compliance with airworthiness directives can also result in civil penalties, with maximum fines outlined in the Civil Aviation Act 1988. Additionally, failure to adhere to the AD could lead to criminal charges under section 98(5D) of the Act, particularly if the non-compliance results in a safety incident or accident. The severity of the penalties reflects the critical importance of adhering to these safety directives to protect both the aircraft and its occupants.

Legal classification tags

Area of Law
Civil Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.