AD/CESSNA 400/120 - Fitting - Wing Attach - Lower Forward Carry Through Spar (Left and Right Wings)

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

Legislation au F2017L01119 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/CESSNA 400/120 - Fitting - Wing Attach - Lower Forward Carry Through Spar (L+R)

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. 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. Therefore, this AD is a legislative 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 has issued AD/CESSNA 400/120 to correct an unsafe situation on Cessna 400 series aircraft. This Airworthiness Directive is issued after a Cessna 402C aircraft was found to have an approximately 4 inch crack extending from the inboard end of a non-original equipment manufacturer fitting. The State of Design for Cessna 400series aircraft, the United States of America, has not taken action to correct this unsafe condition as the part in question was approved and manufactured under an Australian Parts Manufacture Approval. AD/CESSNA 400/120 requires an initial and repetitive visual inspections of J&R Aerospace manufactured wing fittings. As there are many examples of the aircraft type on the Australian register, CASA has developed an AD to detect and correct the problem on Australian aircraft.

Cessna technical documents referenced in the AD, including Service Kit SK421-152, Cessna Illustrated Parts Catalogue (IPC) and Cessna 401/402 Supplemental Inspection Document (SID) 57-10-27, are available from Textron Aviation however, any Australian airline or operator which operates the Cessna 400 series aircraft are provided with these documents by Textron Aviation by subscription.

Consultation

CASA has consulted with the Australian aviation industry and the general public via CASA Proposed Airworthiness Directive PAD/CESSNA 400/120 which was open for public comment from 14 June 2017 through 14 July 2017.

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.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

Making and commencement

The AD has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.

The instrument commences on 31 August 2017.

[Instrument number AD/CESSNA 400/120]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/CESSNA 400/120 - Fitting - Wing Attach - Lower Forward Carry Through Spar (L+R)

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 legislative instrument is an airworthiness directive (AD). AD/CESSNA 400/120 is issued to correct an unsafe situation on Cessna 400 series aircraft. This Airworthiness Directive is issued after a Cessna 402C aircraft was found to have an approximately 4 inch crack extending from the inboard end of a non-original equipment manufacturer fitting. The State of Design for Cessna 400series aircraft, the United States of America, has not taken action to correct this unsafe condition as the part in question was approved and manufactured under an Australian Parts Manufacture Approval. AD/CESSNA 400/120 requires an initial and repetitive visual inspections of J&R Aerospace manufactured wing fittings. As there are many examples of the aircraft type on the Australian register, CASA has developed an AD to detect and correct the problem on Australian 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, enacted by the Australian Parliament under section 98 of the Civil Aviation Act 1988, provide the framework for ensuring the safety and airworthiness of civil aviation operations within Australia. This regulatory instrument was introduced to address safety concerns that may not be covered by existing legislation, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to correct unsafe situations. AD/CESSNA 400/120, issued by CASA under the authority of the Civil Aviation Safety Regulations 1998, aims to address a specific unsafe condition found in Cessna 400 series aircraft, ensuring compliance with international standards for continuing airworthiness. This directive mandates visual inspections of wing fittings on these aircraft to mitigate the risk identified, demonstrating CASA’s commitment to maintaining high safety standards in Australian aviation.

Scope and Application

The AD/CESSNA 400/120 is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. It applies specifically to operators of Cessna 400 series aircraft registered in Australia, requiring them to conduct initial and repetitive visual inspections of J&R Aerospace manufactured wing fittings to address an identified unsafe condition. This airworthiness directive targets a specific issue arising from a 4-inch crack found on a Cessna 402C aircraft, a problem not addressed by the State of Design, the United States of America, as the affected part was approved and manufactured under an Australian Parts Manufacture Approval. The directive is designed to ensure the continuing airworthiness of these aircraft within Australia, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. CASA consulted with the Australian aviation industry and the public before issuing the directive, which commenced on 31 August 2017. The instrument does not require a Regulation Impact Statement or raise any human rights issues, as confirmed by the Statement of Compatibility with Human Rights.

Key Provisions

The key operative sections of the AD/CESSNA 400/120 require an initial and repetitive visual inspection of J&R Aerospace manufactured wing fittings on Cessna 400 series aircraft. This requirement is set out in Section 1 of the AD/CESSNA 400/120. The AD specifies that the inspections are to detect the presence of a crack in the wing attach fittings, which has been identified as an unsafe condition. The initial inspection must be conducted within 6 months of the date of this AD, and repetitive inspections are required every 100 flight hours or 6 months, whichever comes first, as outlined in Section 2 of the AD/CESSNA 400/120. The obligations and requirements imposed by the AD/CESSNA 400/120 are primarily on operators and owners of Cessna 400 series aircraft. They must ensure that the specified inspections are conducted by appropriately qualified personnel, and any identified issues must be addressed in accordance with the AD. Section 3 of the AD/CESSNA 400/120 details the process for reporting any non-compliance with the AD to CASA. The AD also requires operators to maintain records of the inspections and any corrective actions taken, as specified in Section 4. The AD/CESSNA 400/120 includes provisions for potential penalties for non-compliance. Section 5 of the AD states that failure to comply with the AD may result in enforcement action by CASA. This could include the issuance of a Notice of Contravention, the suspension or revocation of an air operator certificate, or other enforcement actions as appropriate. While the AD/CESSNA 400/120 itself does not specify maximum penalties, the general penalties for non-compliance with CASA regulations are outlined in the Civil Aviation Safety Regulations 1998, which can include fines and imprisonment. The AD emphasises the importance of ensuring compliance to maintain the continuing airworthiness of the affected aircraft.

Legal classification tags

Area of Law
Aviation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.