AD/BEECH 35/63 Amdt 1 — Wing Forward Spar Carry-Through Structure

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

Legislation au F2014L01575 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/BEECH 35/63 Amdt 1 — Wing Forward Spar Carry-Through Structure

 

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. When a foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. AD/BEECH 35/63 Amdt 1 applies to the Beechcraft 35 Series aircraft.

 

The United States of America Federal Aviation Administration (FAA) issued
AD 91-14-13 Amendment 39-7054 affecting Beechcraft 35 series aeroplanes in 1991. The United States is the State of Design for this aircraft type. CASA issued AD/BEECH 35/63 to mandate the requirements of FAA AD 91-14-13 Amendment 39-7054 in 1991. The FAA subsequently issued AD 95-04-03 Amendment 39-9155, which superseded the requirements of FAA AD 91-14-13 Amendment 39-7054. CASA has issued AD/BEECH 35/63 Amdt 1 to mandate the requirements of the latest FAA AD. This AD repeals and replaces the previous AD on this subject.

 

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 Legislative Instruments 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 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 28 November 2014.

 

 

 

[Instrument number AD/BEECH 35/63 Amdt 1]


Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/BEECH 35/63 Amdt 1 — Wing Forward Spar Carry-Through Structure

 

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 United States of America Federal Aviation Administration (FAA) issued Airworthiness Directive (AD) 91-14-13 affecting Beechcraft 35 series aeroplanes in 1991. The United States is the State of Design for this aircraft type. CASA issued AD/BEECH 35/63 to mandate the requirements of FAA AD 91-14-13 in 1991. The FAA subsequently issued AD 95-04-03 which superseded the requirements of
AD 91-14-13. CASA has issued AD/BEECH 35/63 Amdt 1 to mandate the requirements of the latest FAA AD. This AD repeals and replaces the previous AD on this subject.

 

The primary purpose of this legislative instrument is to mandate the requirements of the current FAA AD, AD 95-04-03. The FAA AD requires initial and repetitive inspections of the wing front carry-through frame structure of the aeroplanes, and repair or reinforcement if a crack is found.

 

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 air navigation, and to mandate compliance with international standards and recommended practices as outlined in the Convention on International Civil Aviation. The 1998 Regulations were established under section 98 of the Civil Aviation Act 1988, with the policy objective of maintaining and enhancing aviation safety through rigorous regulatory oversight. The Australian Government, through the Civil Aviation Safety Authority (CASA), is responsible for creating and enforcing these regulations. In the context of the Beechcraft 35 series aircraft, AD/BEECH 35/63 Amendment 1 was introduced to address the safety concerns identified by the United States Federal Aviation Administration (FAA) regarding the wing forward spar carry-through structure. This amendment mandates compliance with the latest FAA airworthiness directive, ensuring that Australian operators of the Beechcraft 35 series adhere to the stringent safety standards set forth by the FAA.

Scope and Application

The AD/BEECH 35/63 Amdt 1, a legislative instrument under the Civil Aviation Safety Regulations 1998, applies specifically to the Beechcraft 35 Series aircraft. This airworthiness directive, issued by the Civil Aviation Safety Authority (CASA) in accordance with its obligations under the Civil Aviation Act 1988 and Annex 8 to the Convention on International Civil Aviation, mandates the requirements of the latest Federal Aviation Administration (FAA) directive issued in the United States, the State of Design for this aircraft type. The directive is made to ensure the continuing airworthiness of the aircraft registered in Australia, reflecting CASA's duty to mandate and enforce international airworthiness standards on Australian soil. The AD/BEECH 35/63 Amdt 1, which repeals and replaces its predecessor, requires initial and repetitive inspections of the wing front carry-through frame structure, with necessary repairs or reinforcement if a crack is detected. This legislative instrument, made under delegated authority, commenced on 28 November 2014, and it is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998, as amended by AD/BEECH 35/63 Amdt 1, concern the requirements for the continuing airworthiness of Beechcraft 35 series aircraft. Specifically, section 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types, and AD/BEECH 35/63 Amdt 1 mandates the requirements of the latest FAA AD, AD 95-04-03. This directive requires initial and repetitive inspections of the wing front carry-through frame structure of the aeroplanes and mandates repair or reinforcement if a crack is found. The obligations and requirements imposed by AD/BEECH 35/63 Amdt 1 on the parties it governs primarily focus on ensuring the safety of the Beechcraft 35 series aircraft. Aircraft operators, maintenance organisations, and other relevant entities must comply with the AD by conducting the required inspections and performing any necessary repairs or reinforcements as specified in the FAA AD 95-04-03. This includes the implementation of a maintenance and inspection regime to ensure that the wing forward spar carry-through structure is free of cracks and other defects that could compromise the aircraft's safety. In terms of the consequences for breach, while the document does not explicitly state civil or criminal penalties for non-compliance with AD/BEECH 35/63 Amdt 1, failure to adhere to CASA-mandated ADs generally can lead to severe consequences. Under section 98(5) of the Civil Aviation Act 1988, CASA has the authority to issue fines for non-compliance with airworthiness directives. The maximum penalties for contravening these regulations can be substantial, reflecting the critical nature of air safety. Additionally, non-compliance may result in the grounding of the aircraft, further operational restrictions, and potential legal actions against the non-compliant party. Ensuring adherence to these ADs is therefore paramount for maintaining the safety standards required in civil aviation.

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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.