AD/CESSNA 208/18 - Emergency Power Lever Shear Wire

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, serves to ensure the safety and efficiency of civil aviation within the country. This Act empowers the Governor-General to make regulations that support the overarching aim of air navigation safety. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, being legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft registered in Australia. The authority to issue such directives is rooted in the international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for an aircraft type's continuing airworthiness. CASA, acting as Australia's national airworthiness authority, ensures that these international standards are met by issuing relevant ADs when necessary, such as in response to safety recommendations from the Australian Transport Safety Bureau (ATSB). This systematic approach is designed to address specific safety issues, as exemplified by AD/CESSNA 208/18, which mandates modifications to Cessna 208 and 208B aircraft to rectify an identified unsafe situation.

Scope and Application

The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated under regulation 39.001. These ADs are designed to address unsafe situations and ensure that aircraft remain airworthy throughout their operational life. Such directives are classified as legislative instruments under the Legislative Instruments Act 2003, which makes them subject to disallowance under the Acts Interpretation Act 1901. The ADs align with international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. For aircraft registered in Australia, CASA, acting as the national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs in response to directives from the State of Design. The AD/CESSNA 208/18 Original issue, for example, was issued to address a specific unsafe situation identified with Cessna 208 and 208B aircraft, following recommendations from the Australian Transport Safety Bureau (ATSB). The AD mandates the fitment of a frangible/shear wire between the pedestal and the Emergency Power Lever to prevent future incidents. The AD becomes effective from 7 July 2005 and has been issued following the requisite consultation processes and in response to the ATSB occurrence report 200400443. This AD also aligns with modifications mandated by the aircraft manufacturer, ensuring compliance with both national and international safety standards.

Key Provisions

The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as specified in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These directives are vital for maintaining the continuing airworthiness of aircraft, a responsibility that is outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has overarching duties to provide necessary information to the State of Registry. The State of Registry, in turn, is tasked with ensuring the ongoing airworthiness of individual aircraft. This includes developing or adopting the necessary requirements, as stipulated in Annex 8. In the context of Australia, when a State of Design issues an AD for an aircraft type registered in Australia, CASA must evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design. This was the case with AD/CESSNA 208/18, which was issued to address an unsafe situation identified in Cessna 208 and 208B aircraft. Following an incident involving the Emergency Power Lever (EPL), the Australian Transport Safety Bureau (ATSB) recommended the installation of a frangible/shear wire between the pedestal and the EPL. This recommendation aims to ensure that appropriate maintenance actions are taken when the EPL has been used. Compliance with this AD is also mandated by the aircraft manufacturer. The AD/CESSNA 208/18 was issued to correct this identified unsafe situation and will become effective on 7 July 2005. CASA has completed the necessary consultation process before issuing this directive, which is in response to ATSB occurrence report 200400443. It is important to note that this AD does not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD was made by the Head of Airworthiness Standards, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Non-compliance with ADs can lead to serious consequences, including civil penalties or criminal charges, depending on the severity of the breach. These penalties can vary, but they are intended to ensure adherence to the safety standards set forth by the regulations.