AD/BEECH 95/26 Amdt 3 Wing Attach Fittings, Bolts and Nuts

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

Legislation au F2022L00685 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/BEECH 95/26 Amdt 3 - 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) 35 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 95/26 Amdt 1 in 2002 to add an explanatory note to the Requirement section and add additional fittings to the parts requiring inspection and AD/BEECH 95/26 Amdt 2 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. AD/BEECH 95/26 Amdt 3 is issued to extend the compliance time for Requirement 1 of the AD by two months whilst a proposed airworthiness directive process is conducted for AD/BEECH 95/26 Amdt 4. 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 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

This AD is being made at the request of industry, in particular an operator of the Beechcraft 33 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from providing industry with additional time for compliance with Requirement 1 of the AD by two months whilst a proposed airworthiness directive process is conducted for AD/BEECH 95/26 Amdt 4, 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.

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 no cost impact for affected aircraft 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 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 10 May 2022.

[Instrument number AD/BEECH 95/26 Amdt 3]


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 3 - 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

The Civil Aviation Safety Authority (CASA) issued AD/BEECH 33/41 to correct an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 35 series aircraft in 1996. CASA subsequently issued AD/BEECH 95/26 Amdt 1 in 2002 to add an explanatory note to the Requirement section and add additional fittings to the parts requiring inspection and AD/BEECH 95/26 Amdt 2 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. As a result of a request from industry, CASA has repealed and replaced AD/BEECH 95/26 Amdt 2 to extend the compliance time for Requirement 1 of the AD by two months whilst a proposed airworthiness directive process is conducted for AD/BEECH 95/26 Amdt 4.

The primary purpose of this legislative instrument is to provide industry with additional time to comply with the AD whilst a proposed airworthiness directive process is conducted for AD/BEECH 95/26 Amdt 4.

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, as amended by AD/BEECH 95/26 Amendment 3, address an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 35 series aircraft. Enacted by the Civil Aviation Safety Authority (CASA), this legislation extends the compliance period for aircraft operators to address the identified issue. The problem it was introduced to address is the unsafe condition related to wing bolt nuts and fittings on the mentioned aircraft series, which CASA identified in 1996. The policy objective is to ensure the continuing airworthiness of aircraft and to provide industry with additional time to comply with the airworthiness directive while CASA conducts a proposed airworthiness directive process for a subsequent amendment. This amendment is a legislative instrument made under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that safety remains the paramount consideration in aviation operations. The Civil Aviation Safety Authority issued AD/BEECH 95/26 to correct an unsafe condition related to wing bolt nuts and fittings on Textron Aviation (formerly Beechcraft) 35 series aircraft. This amendment extends the compliance time for Requirement 1 of the AD by two months while CASA conducts a proposed airworthiness directive process for AD/BEECH 95/26 Amendment 4. The primary purpose is to provide industry with additional time to comply with the AD. The economic and cost impact of this instrument is not significant, as it applies to holders of certificates of registration of relevant aircraft and will not impose any cost on affected aircraft operators. The instrument is compatible with human rights, as it does not engage any applicable rights or freedoms.

Scope and Application

The AD/BEECH 95/26 Amdt 3 pertains to the amendment of the existing Airworthiness Directive (AD) issued by the Civil Aviation Safety Authority (CASA) concerning wing attach fittings, bolts, and nuts on Textron Aviation (formerly Beechcraft) 35 series aircraft. This legislative instrument applies to aircraft operators who hold certificates of registration for the relevant Textron (Beechcraft) aircraft and seeks to address a continuing unsafe condition identified in the aircraft's design. The AD is formulated under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, extending its jurisdiction over all aircraft registered in Australia and ensuring compliance with international safety standards set by the Convention on International Civil Aviation. Notably, this directive does not apply to aircraft not registered within the Australian jurisdiction or to entities outside the scope of the Civil Aviation Act 1988. While the AD incorporates technical documents by reference, these documents are proprietary and not freely available, though CASA provides access to relevant sections for affected operators and interested parties. The instrument is intended to have enduring operation and is exempt from the sunsetting provisions under the Legislation Act 2003, as it is critical for maintaining aviation safety. The AD/BEECH 95/26 Amdt 3 extends the compliance period for Requirement 1 of the AD by two months, responding to industry requests while allowing for the preparation of AD/BEECH 95/26 Amdt 4.

Key Provisions

Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations to enforce the Convention on International Civil Aviation, focusing on safety, among other things. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for aircraft or aeronautical products. These ADs are legislative instruments unless they apply to specific persons, aircraft, or products. Under section 98(5D) of the Act, a legislative instrument can incorporate existing or future documents or writings, even if they are not yet in existence. The Acts Interpretation Act 1901 further clarifies that powers to make or amend instruments also include the power to repeal, rescind, or vary them. The obligations imposed by this legislation primarily focus on ensuring the continuing airworthiness of Textron Aviation (formerly Beechcraft) 35 series aircraft. CASA issued AD/BEECH 95/26 to address an unsafe condition concerning wing bolt nuts and fittings, extending the compliance period by two months to facilitate a proposed airworthiness directive process for AD/BEECH 95/26 Amdt 4. The AD incorporates the Beechcraft Travel Air Shop Manual 95-590001-1C6, a proprietary document, by reference. CASA ensures accessibility to affected parties by providing access to the relevant sections of the manual upon request. The AD does not require additional consultation as it is considered a minor amendment. CASA has determined that the economic and cost impacts of this AD are minimal, with no significant effect on affected aircraft operators. Under this legislation, non-compliance with the AD can lead to various consequences. CASA, as the governing body, may impose penalties for failure to adhere to the airworthiness directives. The specific penalties can include fines, enforcement actions, or even grounding of non-compliant aircraft. The maximum penalties are not specified in the document but generally align with the regulatory framework governing aviation safety. It is imperative for aircraft operators to comply with the AD to avoid these potential consequences, which can affect their operational capacity and legal standing. The AD aims to ensure that all relevant parties maintain the safety and airworthiness of the aircraft, thereby protecting both the operators and the public. The legislation incorporates a Statement of Compatibility with Human Rights, affirming that AD/BEECH 95/26 Amdt 3 does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The AD is designed to provide additional compliance time, ensuring that safety standards are met without imposing undue burdens on industry. By extending the compliance period, CASA aims to facilitate smoother transitions and better preparedness among aircraft operators, ultimately contributing to safer aviation practices.

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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.