AD/BEECH 55/79 Amdt 5 Wing Bolt, Nut and Fitting

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

Legislation au F2022L00968 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/BEECH 55/79 Amdt 5 - Wing Bolt, Nut and Fitting

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 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/BEECH 55/79 to correct an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 55 series aircraft in 1996. The State of Design for these types, the United States of America Federal Aviation Administration (FAA), has not yet taken action to correct this unsafe condition. CASA subsequently issued AD/BEECH 55/79 Amdt 2 in 2002 to add an explanatory note to the Requirement section and add additional fittings to the parts requiring inspection and AD/BEECH 55/79 Amdt 3 in 2021 to not make provision for the use of an AMOC and retain the existing requirement for inspections to be carried out in accordance with the aircraft manufacturer’s instructions. CASA then issued AD/BEECH 55/79 Amdt 4 extend the compliance time for Requirement 1 of the AD by two months while industry was consulted and a proposed airworthiness directive process was conducted for AD/BEECH 55/79 Amdt 5. AD/BEECH 55/79 Amdt 5 is issued to allow for aircraft used in private operations to be visually inspected for corrosion in the exposed areas of the wing attach bolts and wing fitting recess with the inspection interval increased from 5 to 10 years, in lieu of using the manufacturer’s maintenance instructions which require removal and inspection of the applicable parts. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

Under subsection 14 (2) of the Legislation Act 2003 (the LA), unless the contrary intention appears, a legislative instrument may not incorporate any matter contained in an instrument or other writing as existing from time to time. Subsection 98 (5D) of the Act provides that, despite section 14 of the LA, 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.

Beechcraft Baron Shop Manual 55-590000-13G Revision G12 and Baron Maintenance Manual 102-590000-5 Revision A25, are incorporated by reference in the AD. For subsection 98 (5D) of the Act, the technical documents are incorporated as they exist on the date of commencement of this AD.

 

The technical documents incorporated into this AD, which are not freely available, are proprietary, copyright, fee-for-service document, prepared on a commercial basis. They can 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 technical documents of the aircraft or engine manufacturer. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated technical 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

Industry consultation was conducted via Proposed Airworthiness Directive PAD/BEECH 55/79 Amdt 5 which was published on the CASA website on 4 May 2022, distributed to affected operators and open for comments for a period of two weeks.

Sector risk, economic and cost impact

Subsection 9A (1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

The economic and cost impact of the instrument has been determined by:

(a) the identification of individuals and businesses affected by the instrument;

(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements;

(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government.

CASA has assessed that the economic and cost impact of the instrument is not significant. The requirements of the instrument apply to holders of certificates of registration of relevant aircraft. The instrument will have no cost impact for some affected aircraft operators and will provide cost savings for other operators.

Impact on categories of operations

The instrument is likely to have a beneficial effect on operations conducted by the relevant aircraft because it extends the compliance period for some aircraft operators.

Impact on regional and remote communities

The instrument will not have a negative impact on regional and remote communities and may reduce the maintenance costs of individuals and businesses operating Textron (Beechcraft) aircraft in those communities.

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 and subsection 94 (1) of the Act.

As an instrument relating to aviation safety made under CASR, Part 4 of Chapter 3 of the Legislation Act 2003 (sunsetting of legislative instruments) does not apply to this instrument (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument requires that the action set out in the instrument, that relates to aircraft or aeronautical products, be taken to correct an unsafe condition. As such, the instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting.

The instrument commences on 7 July 2022.

[Instrument number AD/BEECH 55/79 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 55/79 Amdt 5 - Wing Bolt, Nut and 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

The Civil Aviation Safety Authority (CASA) issued AD/BEECH 55/79 to correct an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 55 series aircraft in 1996. CASA subsequently issued AD/BEECH 55/79 Amdt 2 in 2002 to add an explanatory note to the Requirement section and add additional fittings to the parts requiring inspection and AD/BEECH 55/79 Amdt 3 in 2021 to not make provision for the use of an AMOC and retain the existing requirement for inspections to be carried out in accordance with the aircraft manufacturer’s instructions. CASA then issued AD/BEECH 55/79 Amdt 4 extend the compliance time for Requirement 1 of the AD by two months while industry was consulted and a proposed airworthiness directive process was conducted for AD/BEECH 55/79 Amdt 5. As a result of a request from industry, CASA has repealed and replaced AD/BEECH 55/79 Amdt 4 to allow for aircraft used in private operations to be visually inspected for corrosion in the exposed areas of the wing attach bolts and wing fitting recess with the inspection interval increased from 5 to 10 years, in lieu of using the manufacturer’s maintenance instructions which require removal and inspection of the applicable parts.

The primary purpose of this legislative instrument is to provide less onerous inspection requirements for operators utilising their aircraft in private operations and to extend the inspection intervals for those aircraft.

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 (CASR) were enacted to ensure the safety of civil aviation operations in Australia, providing a framework for the regulation of airworthiness, licensing, and safety standards. The Civil Aviation Safety Regulations 1998 were introduced to address the need for comprehensive and enforceable safety regulations in the aviation sector, aligning with international standards set by the Convention on International Civil Aviation. The enacting body responsible for these regulations is the Australian Parliament, with the Civil Aviation Safety Authority (CASA) authorised to issue airworthiness directives (ADs) under regulation 39.001 of the CASR. The policy objective is to maintain and enhance the safety of air navigation, considering the economic and cost impact on individuals, businesses, and the community. AD/BEECH 55/79 Amdt 5, issued by CASA, addresses an ongoing unsafe condition concerning wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 55 series aircraft. Initially, CASA issued AD/BEECH 55/79 in 1996, followed by amendments in 2002, 2021, and a further amendment in 2022. The latest amendment, AD/BEECH 55/79 Amdt 5, responds to industry requests by allowing aircraft used in private operations to undergo visual inspections for corrosion in exposed wing bolt areas, with the inspection interval extended from 5 to 10 years, thereby providing relief from the more stringent manufacturer's maintenance instructions. This legislative instrument aims to balance safety requirements with operational practicality, offering less onerous inspection procedures for private aircraft operators while maintaining the overall safety standards mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by AD/BEECH 55/79 Amdt 5, apply to aircraft operators who hold a certificate of registration for Textron Aviation (formerly Beechcraft) 55 series aircraft in Australia. This amendment provides less onerous inspection requirements for aircraft used in private operations by allowing visual inspection for corrosion in specified wing bolt and fitting areas instead of requiring the removal and inspection of these parts. This change extends the inspection interval from every 5 years to every 10 years. The amendment is intended to correct an unsafe condition identified in 1996 and aims to reduce maintenance burdens and costs for some operators while ensuring the continuing airworthiness of these aircraft. This legislative instrument operates nationally under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it incorporates technical documents by reference to provide the necessary detail for compliance. No significant economic or cost impacts are expected from this amendment, as it is designed to be less onerous for some operators while maintaining safety standards. The instrument is compatible with human rights and does not require a Regulation Impact Statement.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. Section 98 of the Civil Aviation Act 1988 (the Act) allows the Governor-General to make regulations to implement the Convention on International Civil Aviation, including safety measures. AD/BEECH 55/79 Amdt 5 pertains specifically to the inspection of wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 55 series aircraft, extending the inspection interval from 5 to 10 years for aircraft used in private operations. This amendment replaces the previous directive, AD/BEECH 55/79 Amdt 4, which had extended the compliance period by two months. Under the Act, CASA is tasked with ensuring the safety of air navigation, a responsibility that includes developing and promulgating aviation safety standards. The ADs must be in line with the economic and cost impact considerations outlined in the Act, balancing safety with practical economic implications. AD/BEECH 55/79 Amdt 5 aims to provide a less onerous inspection regime for private aircraft operators, potentially reducing maintenance costs and extending compliance periods. It is designed to correct an identified unsafe condition without imposing undue economic burden on the industry. AD/BEECH 55/79 Amdt 5 imposes specific obligations on aircraft operators, primarily those using Textron Aviation (Beechcraft) 55 series aircraft. Operators must visually inspect the wing attach bolts and wing fitting recess for corrosion at the increased interval of 10 years, as opposed to the previous 5-year interval specified by the manufacturer. This directive applies to aircraft registered in Australia and operated by private entities. Operators must ensure compliance with these inspection intervals to maintain the airworthiness of their aircraft, adhering to the regulatory standards set by CASA. Failure to comply with the AD/BEECH 55/79 Amdt 5 could result in civil or criminal consequences. CASA may take enforcement action against operators who do not adhere to the specified inspection intervals, potentially leading to penalties or legal action. While the exact penalties are not detailed in the provided text, non-compliance with aviation safety regulations can typically result in fines, suspension or revocation of airworthiness certificates, and other administrative sanctions. The severity of the penalties depends on the nature and extent of the non-compliance. The AD/BEECH 55/79 Amdt 5 also references incorporated technical documents, such as the Beechcraft Baron Shop Manual and Maintenance Manual, which are proprietary and not freely available. CASA, as a current subscriber, will provide access to these documents under specific conditions to affected operators, ensuring that compliance with the AD is feasible. The instrument has been developed with input from industry stakeholders and has undergone a compatibility assessment with human rights, concluding that it does not engage any of the applicable rights or freedoms.

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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.