Overview

The Civil Aviation Regulations 1998, specifically under Part 39 - 105, include a legislative instrument (F2006B08351) that addresses safety concerns related to the Cessna 400 Series aeroplanes. This regulation was introduced to ensure the airworthiness of these aircraft, particularly focusing on preventing aileron vibration and flutter incidents caused by water accumulation in the aileron control surfaces. The Australian Government, through the Civil Aviation Safety Authority, enacted this legislation to enhance flight safety and comply with international aviation standards. The overarching policy objective is to mandate modifications to the aileron and elevator control surfaces of the affected aircraft to mitigate the risk of inflight incidents, thereby protecting passengers and crew. The regulation applies to all model 441 Cessna 400 Series aeroplanes with serial numbers ranging from 441-0001 to 441-0090. Compliance with the directive requires modifications to be completed within 100 hours of time in service after 30 June 1979, as referenced in the FAA AD 79-09-02 Amendment 39-3453 and Cessna Customer Care Owner Advisory No. PJ 79-3A. This ensures that all affected aircraft are updated to meet the necessary safety standards, thereby addressing a specific gap in aircraft maintenance protocols.

Scope and Application

The Civil Aviation Regulations 1998, specifically under PART 39 - 105, mandates that all Cessna model 441 aircraft with serial numbers ranging from 441-0001 to 441-0090 must adhere to airworthiness directives concerning aileron and elevator control surfaces. These directives, outlined in AD/CESSNA 400/66, are designed to mitigate the risk of inflight aileron vibration and flutter, which were traced back to water accumulation within the aileron control surfaces. Compliance with these directives is mandatory and must be achieved within 100 hours of time in service following 30 June 1979. The scope of this regulation is directly applicable to the specified model of Cessna aircraft, ensuring safety measures are uniformly implemented across the identified serial numbers. The regulation extends its jurisdictional reach across the Commonwealth of Australia, overseen by the Civil Aviation Safety Authority, thus encompassing all relevant entities and industries within the Australian aviation sector. There are no stated exclusions or exemptions to these directives, and the application is stringent, leaving no room for deviations in the specified timeframe.

Key Provisions

The Civil Aviation Regulations 1998, under Part 39 - 105, detail specific airworthiness directives for various aircraft, including the Cessna 400 Series. Section AD/CESSNA 400/66 pertains to the modification of aileron and elevator control surfaces for model 441 Cessna aircraft with serial numbers ranging from 441-0001 to 441-0090. This directive arises from an in-flight incident where aileron vibration or flutter was caused by water accumulation within the aileron control surfaces. The directive mandates that these modifications be implemented within 100 hours of the aircraft being in service after 30 June 1979, as referenced in Cessna Customer Care Owner Advisory No. PJ 79-3A, which corresponds to FAA AD 79-09-02 Amendment 39-3453. Under the Civil Aviation Regulations, operators and owners of the specified Cessna 441 aircraft are required to adhere to the modifications outlined in AD/CESSNA 400/66. These obligations include conducting a thorough inspection of the aileron and elevator control surfaces and ensuring any necessary modifications are performed by authorised personnel. The modifications aim to prevent water accumulation and subsequent aileron vibration or flutter, thereby enhancing flight safety. Failure to comply with these directives may result in the aircraft being deemed unairworthy until the required modifications are satisfactorily completed. Failure to comply with the airworthiness directive AD/CESSNA 400/66 could result in significant legal and operational consequences. Operators may face enforcement actions from the Civil Aviation Safety Authority (CASA), which can include fines and potential grounding of the aircraft. Under Australian law, the maximum penalty for non-compliance with airworthiness directives can be substantial, reflecting the serious nature of such safety requirements. Additionally, non-compliance could lead to civil liabilities for damages resulting from any accidents or incidents caused by the failure to implement the necessary modifications. Therefore, it is imperative for all affected parties to adhere strictly to the provisions outlined in the directive.