AD/BEECH 95/26 Amdt 2 Wing Attach Fittings, Bolts and Nuts

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

Legislation au F2021L00439 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/BEECH 95/26 Amdt 2 — Wing Attach Fittings, Bolts and Nuts

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 95/26 to correct an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 95 series aircraft in 1985. 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 95/26 Amdt 1 to update the revision status of the Travel Air Shop Manual in 2000. Following a CASA review of the AD, it has been determined that an alternate means of compliance (AMOC) previously approved by CASA does not provide the same level of detection of cracks in the wing attachment bolts and nuts as the inspection requirements issued by the aircraft manufacturer. Consequently, CASA has issued AD/BEECH 95/26 Amdt 2 to remove the use of the AMOC and retain the existing requirement for inspections to be carried out in accordance with the aircraft manufacturer’s instructions. AD/BEECH 95/26 Amdt 2 does not change the requirements of the previous airworthiness directive but has amended the compliance times to minimise the impact on aircraft that did not use the AMOC. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

Beechcraft Travel Air Shop Manual 95-590001-1C6 is incorporated by reference in the AD. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date of commencement of this AD. 

A technical document is not freely available, but is a proprietary, copyright, fee-for-service document, prepared on a commercial basis. It 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 document 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

CASA consulted with the public via publication of proposed AD PAD/BEECH 95/26 Amdt 2 which was open for comments for an eight week consultation period.

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.

The instrument commences on 10 May 2021.

[Instrument number AD/BEECH 95/26 Amdt 2]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/BEECH 95/26 Amdt 2 – Wing Attach Fittings, Bolts and Nuts

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/BEECH 95/26 to correct an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 95 series aircraft in 1985. 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 95/26 Amdt 1 to update the revision status of the Travel Air Shop Manual in 2000. Following a CASA review of the AD, it has been determined that an alternate means of compliance (AMOC) previously approved by CASA does not provide the same level of detection of cracks in the wing attachment bolts and nuts as the inspection requirements issued by the aircraft manufacturer. Consequently, CASA has issued AD/BEECH 95/26 Amdt 2 to prohibit the use of the AMOC and retain the existing requirement for inspections to be carried out in accordance with the aircraft manufacturer’s instructions. AD/BEECH 95/26 Amdt 2 does not change the requirements of the previous airworthiness directive but has amended the compliance times to minimise the impact on aircraft that did not use the AMOC.

The primary purpose of this legislative instrument is to prohibit the use of an alternative means of compliance that was found not to have the same level of crack detection as required by the airworthiness directive.

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 and airworthiness of civil aviation in Australia, in line with international standards. This regulation, AD/BEECH 95/26 Amdt 2, was introduced by the Civil Aviation Safety Authority (CASA) to address an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 95 series aircraft. The original airworthiness directive (AD) AD/BEECH 95/26 was issued in 1985, and AD/BEECH 95/26 Amdt 1 was issued in 2000 to update the revision status of the Travel Air Shop Manual. CASA identified that an alternate means of compliance (AMOC) previously approved did not provide the same level of crack detection as the manufacturer’s inspection requirements. Therefore, AD/BEECH 95/26 Amdt 2 was issued to prohibit the use of the AMOC and to mandate inspections in accordance with the manufacturer's instructions. The regulation aims to maintain safety standards without changing the core requirements of the previous directive but with adjusted compliance times. The instrument was developed following consultation with the public and is deemed compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by AD/BEECH 95/26 Amdt 2, apply to Textron Aviation (formerly Beechcraft) 95 series aircraft operating in Australia. The regulations pertain to the maintenance and airworthiness requirements of these aircraft, specifically targeting the wing attach fittings, bolts, and nuts. This amendment addresses an unsafe condition identified with the wing bolt nuts and fittings, ensuring that inspections are conducted according to the aircraft manufacturer's instructions to maintain safety standards. The regulations are designed to align with the Convention on International Civil Aviation and the continuing airworthiness requirements stipulated under Annex 8. The regulations do not alter the fundamental requirements of the original airworthiness directive but modify the compliance timelines to reduce the impact on aircraft operators who have not used the previously approved alternate means of compliance. The authority to make and amend these regulations is derived from the Civil Aviation Act 1988, with the Civil Aviation Safety Authority exercising its powers under the Act and the regulations. The regulations are applicable nationally across Australia and are effective from 10 May 2021.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Act 1988 (Act) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) to ensure aircraft safety, particularly in relation to the Textron Aviation (formerly Beechcraft) 95 series aircraft. Specifically, section 39.001 of CASR allows CASA to issue an AD for a type of aircraft or aeronautical product, and subsection 98(5B) and (5BA) of the Act specifies that an AD is a legislative instrument unless it applies to a particular person, aircraft, or product. Section 98(5D) of the Act further allows legislative instruments to incorporate existing or future instruments or writings, even if they do not yet exist. In this case, CASA issued AD/BEECH 95/26 to address an unsafe condition with the wing bolt nuts and fittings on the Textron Aviation (formerly Beechcraft) 95 series aircraft. AD/BEECH 95/26 Amdt 2 was subsequently issued to update the directive and remove an alternate means of compliance (AMOC) that did not sufficiently detect cracks in the wing attachment bolts and nuts. The AD imposes obligations on aircraft operators and owners to ensure the airworthiness of the Textron Aviation (formerly Beechcraft) 95 series aircraft. Specifically, they must comply with the inspection requirements outlined in the AD, which include conducting inspections in accordance with the aircraft manufacturer’s instructions and prohibiting the use of the AMOC. Aircraft operators and owners must also ensure that the Beechcraft Travel Air Shop Manual 95-590001-1C6, incorporated by reference in the AD, is accessible for viewing. This manual contains technical details necessary for proper compliance with the AD. Failure to comply with the AD may result in civil and criminal consequences. Under section 98(5D) of the Act, non-compliance with a legislative instrument can lead to penalties, although the specific penalties are not detailed in the explanatory statement. However, it is important to note that the AD is designed to ensure the safety of aircraft operations and non-compliance can potentially lead to significant safety risks. CASA may take enforcement actions against non-compliant operators, which could include fines, suspension or revocation of airworthiness certificates, and other regulatory actions. The AD also includes provisions for public consultation and compatibility with human rights. CASA consulted with the public by publishing the proposed AD and allowing an eight-week consultation period for comments. Additionally, a Statement of Compatibility with Human Rights is included, affirming that the AD is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. This statement indicates that the AD does not engage any of the applicable rights or freedoms and is therefore compatible with human rights.

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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.