AD/CESSNA 208/18 Amdt 1 Emergency Power Lever Shear Wire

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Legislation au F2019L00082 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/CESSNA 208/18 Amdt 1 — Emergency Power Lever Shear Wire

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), 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.

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/CESSNA 208/18 to correct an unsafe situation on Cessna 208 aircraft in 2005. AD/CESSNA 208/18 was issued to mandate the installation of a frangible/shear wire that ties the Emergency Power Lever to the pedestal cover. The State of Design for this type, the United States of America Federal Aviation Administration (FAA), has not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has issued AD/CESSNA 208/18 Amdt 1 to align the AD applicability with that of the requirement document, Cessna Service Bulletin CAB01-15. This AD repeals and replaces the previous AD on this subject.


Documents Incorporated by Reference

Cessna Service Bulletin CAB01-15 dated 17 December 2001, provides instructions for the installation of a frangible/shear wire that ties the Emergency Power Lever (EPL) to the pedestal cover. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date mentioned above. The technical document is not freely available.

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 Cessna 208 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from reducing the applicability to specific aircraft serial number ranges in accordance with the aircraft manufacturer’s Service Bulletin, and since the AD has not been the subject of any adverse feedback from industry, 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 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 8 February 2019.

[Instrument number AD/CESSNA 208/18 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/CESSNA 208/18 Amdt 1 — Emergency Power Lever Shear Wire

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/CESSNA 208/18 to correct an unsafe situation on Cessna 208 aircraft in 2005. AD/CESSNA 208/18 was issued to mandate the installation of a frangible/shear wire that ties the Emergency Power Lever to the pedestal cover. The State of Design for this type, the United States of America Federal Aviation Administration (FAA), has not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a request from industry, CASA has repealed and replaced AD/CESSNA 208/18 to align the AD applicability with that of the requirement document, Cessna Service Bulletin CAB01-15.

The primary purpose of this legislative instrument is to align the AD applicability with that of the requirement document, Cessna Service Bulletin CAB01-15.

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/CESSNA 208/18 Amdt 1, were enacted to address the ongoing issue of an unsafe condition on Cessna 208 aircraft, specifically concerning the Emergency Power Lever. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety. This amendment was introduced in response to a request from industry, aiming to align the airworthiness directive (AD) applicability with that of the requirement document, Cessna Service Bulletin CAB01-15. The policy objective is to ensure the continuing airworthiness of the aircraft type in Australian airspace by mandating the installation of a frangible/shear wire that ties the Emergency Power Lever to the pedestal cover, thereby mitigating potential risks associated with this unsafe condition. The Civil Aviation Safety Authority (CASA), acting under the authority conferred by the Civil Aviation Act 1988, issued this amendment to provide a legislative solution to the identified safety issue.

Scope and Application

The AD/CESSNA 208/18 Amdt 1, under the Civil Aviation Safety Regulations 1998, applies to all operators of Cessna 208 aircraft within Australian airspace, specifically targeting the installation of a frangible/shear wire that ties the Emergency Power Lever to the pedestal cover. This amendment was issued by the Civil Aviation Safety Authority (CASA) to address a continuing airworthiness issue, ensuring compliance with international safety standards. The scope of this legislation is confined to the Australian jurisdiction, with no stated exclusions or exemptions beyond the specific serial number ranges outlined in Cessna Service Bulletin CAB01-15. The amendment came into effect on 8 February 2019, replacing the previous AD/CESSNA 208/18 to align with the manufacturer's requirement document. This legislative instrument does not necessitate further consultation or a Regulation Impact Statement, as it pertains to a minor amendment in alignment with industry requests and does not substantially alter existing safety requirements. The AD is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of this legislative instrument include the Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Act 1988 (Act). Regulation 39.001 of the CASR empowers the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product, while section 98 of the Act allows the Governor-General to make regulations to carry out and give effect to provisions of the Convention on International Civil Aviation relating to safety. This particular instrument, AD/CESSNA 208/18 Amdt 1, is an amendment to the previously issued AD/CESSNA 208/18, which was designed to address an unsafe condition on Cessna 208 aircraft by mandating the installation of a frangible/shear wire that ties the Emergency Power Lever to the pedestal cover. This amendment seeks to align the AD's applicability with that of the requirement document, Cessna Service Bulletin CAB01-15. The AD imposes several obligations and requirements on the parties and entities it governs. Firstly, it requires aircraft operators to ensure that the specified modification is completed on their Cessna 208 aircraft. This includes installing the frangible/shear wire as outlined in the incorporated Cessna Service Bulletin CAB01-15. The AD also mandates that aircraft operators must comply with the Service Bulletin's instructions for the installation of the shear wire, which ties the Emergency Power Lever to the pedestal cover. Furthermore, the AD requires aircraft operators to maintain records of the modification and ensure that the aircraft remains airworthy throughout the process. Additionally, the AD may impose requirements on aircraft maintenance organisations to perform the modification and certify the aircraft as airworthy post-modification. Breaches of this AD may result in offences, penalties, or civil/criminal consequences. While specific penalties are not detailed in the explanatory statement, under the Civil Aviation Act 1988, CASA can impose administrative penalties for non-compliance with airworthiness directives. These penalties can include fines and, in severe cases, suspension or revocation of an aircraft's certificate of airworthiness. Additionally, failure to comply with the AD may result in criminal charges under the Act, which could lead to imprisonment or further fines. The precise penalties depend on the nature and extent of the non-compliance, as well as any subsequent impact on aviation safety. In summary, AD/CESSNA 208/18 Amdt 1 is a legislative instrument designed to align the applicability of an existing airworthiness directive with the requirement document, Cessna Service Bulletin CAB01-15. It imposes obligations on aircraft operators to install a frangible/shear wire on their Cessna 208 aircraft and comply with the instructions provided in the Service Bulletin. Non-compliance with this AD can result in administrative, civil, or criminal penalties, depending on the severity of the breach and its impact on aviation safety. The instrument is compatible with human rights, as it does not engage any 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.