AD/GA8/11 Solenoid (Relay) Box Electrical Bonding

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Legislation au F2023L01612 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/GA8/11 — Solenoid (Relay) Box Electrical Bonding

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 Australian airworthiness directive for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an airworthiness directive (AD) that is an Australian 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 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.

Purpose

CASA has issued this Australian AD (AD/GA8/11) to correct an unsafe condition that exists in a kind of aircraft. AD/GA8/11 addresses system discrepancies attributed to poor electrical bonding of the solenoid (relay) box assembly in certain GippsAero GA-8 aeroplanes.

As Australia is the State of Design for the type, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem.

AD/GA8/11 requires inspection of the solenoid box assembly to determine if a dedicated bonding connection has been installed, and if not, the procedure to install the bonding connection. The inspection and installation, if required, is to be in accordance with the instructions set out in GippsAero Service Bulletin SB-GA8-2023-2016.  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.

GippsAero Service Bulletin SB-GA8-2023-216 Issue 1 - Relay Box Bonding dated 24 February 2023 is the required technical document for this AD.

For subsection 98 (5D) of the Act, the technical document is incorporated as it exists on the date mentioned above.  The technical document is freely available from the GippsAero Website on https://gippsaero.com.au/support/ .

Sunsetting

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.

Consultation

CASA has consulted with the Australian aviation industry and the general public via publication of a proposed AD for 8 weeks from 29 June 2023 to 24 August 2023. CASA only received one comment during the consultation period which requested that the serial numbers be stated to limit applicability of the AD. This change to the AD has been incorporated.

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.

Impact on categories of operations

The instrument is likely to have a beneficial effect on operations conducted by the relevant aircraft because it will reduce the maintenance burden on aircraft owners.

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 GippsAero GA8 aircraft in those communities.

Office of Impact Analysis (OIA)An Impact Analysis (IA) is not required because ADs are covered by a standing agreement between CASA and the OIA under which an IA is not required for ADs (OIA id. 14507).

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 sub regulation 11.260 (1) of CASR and subsection 94 (1) of the Act.

The instrument commences on 23 December 2023.

[Instrument number AD/GA8/11]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/GA8/11 – Solenoid (Relay) Box Electrical Bonding

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/GA8/11 has been issued to address system discrepancies attributed to poor electrical bonding of the solenoid box assembly of GippsAero GA-8 aircraft.

As Australia is the State of Design for the GA-8, the Civil Aviation Safety Authority (CASA) is required to develop, and to transmit to other States of Registry, an AD to correct the problem. This Australian AD sets out required remedial action to improve electrical bonding in the solenoid box assembly.

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 were enacted to ensure the safety of civil aviation in Australia and to implement the Convention on International Civil Aviation. The purpose of these regulations is to establish and enforce airworthiness standards that align with international safety norms, thereby mitigating risks associated with civil aviation. Enacted by the Australian Parliament, these regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives that address specific safety concerns, such as the poor electrical bonding of the solenoid box assembly in certain GippsAero GA-8 aeroplanes, as outlined in the AD/GA8/11. The policy objective is to maintain the highest safety standards while considering the economic and operational impacts on the aviation sector. The Civil Aviation Safety Regulations 1998 empower CASA to issue airworthiness directives to address identified unsafe conditions, ensuring that aircraft remain airworthy and compliant with international safety standards. The introduction of AD/GA8/11 specifically targets the problem of poor electrical bonding in the solenoid box assembly of GippsAero GA-8 aeroplanes, a condition identified as a safety risk. By mandating inspections and necessary bonding installations, this directive aims to correct the identified issue, thus enhancing the overall safety and reliability of the affected aircraft. This legislative action reflects the commitment to prioritising aviation safety while considering the practical implications for aircraft owners and operators.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by F2023L01612, pertain specifically to the electrical bonding of the solenoid (relay) box in certain GippsAero GA-8 aeroplanes. This Australian Airworthiness Directive (AD) applies to all aircraft registered in Australia that are of the GippsAero GA-8 type and are subject to the relevant safety concerns. The AD mandates inspections and corrective actions to ensure that dedicated bonding connections are properly installed, as per the instructions detailed in GippsAero Service Bulletin SB-GA8-2023-2016, to mitigate the identified safety risks. The directive applies nationally within the Australian jurisdiction and is integral to maintaining the continuing airworthiness of the affected aircraft, as required under international aviation safety standards. The AD incorporates the specified service bulletin by reference, and the implementation of this directive is overseen by the Civil Aviation Safety Authority (CASA), which is responsible for ensuring compliance with the airworthiness requirements. The AD does not contain any explicit exclusions or exemptions but requires adherence to the detailed technical instructions provided by GippsAero. This legislative instrument, being a safety-focused regulation, is intended to have enduring effect and is not subject to sunsetting provisions.

Key Provisions

The primary operative sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to AD/GA8/11 include sections 98 and 39.001. Section 98 of 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. Under section 39.001 of CASR, the Civil Aviation Safety Authority (CASA) is authorised to issue Australian airworthiness directives (ADs) for a kind of aircraft or aeronautical product. Furthermore, subsections 98(5B) and (5BA) of the Act establish that an Australian AD is a legislative instrument unless it is specifically expressed to apply to a particular person, aircraft, or aeronautical product. Subsection 98(5D) of the Act allows a legislative instrument made under the Act or the regulations to incorporate any matter from an instrument or other writing as it exists from time to time, even if the instrument or writing does not exist when the legislative instrument is made. The obligations imposed by AD/GA8/11 on the parties or entities it governs primarily concern the inspection and potential repair of the solenoid (relay) box assembly in certain GippsAero GA-8 aeroplanes. This AD requires aircraft owners or operators to inspect the solenoid box assembly to determine whether a dedicated bonding connection has been installed. If the dedicated bonding connection has not been installed, the AD mandates that the procedure outlined in GippsAero Service Bulletin SB-GA8-2023-2016 be followed for installation. This inspection and any necessary installation must be performed in accordance with the specified instructions to ensure compliance with safety standards. The AD does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, the implications of non-compliance could be significant given the safety-critical nature of the directive. Failure to adhere to the AD could result in the aircraft being deemed unairworthy, leading to potential grounding of the aircraft until the required inspections and repairs are completed. Although the specific penalties for non-compliance are not detailed in the AD itself, such actions could potentially lead to enforcement actions by CASA, including fines, orders for corrective actions, or other regulatory measures to ensure compliance with aviation safety regulations. AD/GA8/11 incorporates GippsAero Service Bulletin SB-GA8-2023-2016 by reference under subsection 98(5D) of the Act. This incorporation allows the AD to include technical specifications and procedures as they exist from time to time, ensuring that the AD remains up-to-date with the latest safety standards and practices. The sunsetting provisions of the Legislation Act 2003 do not apply to this AD, as it is intended to have enduring operation to correct an unsafe condition. The AD has been subject to consultation with the Australian aviation industry and the general public, with any feedback incorporated into the final version. The economic and cost impact of the AD has been assessed as not significant, and it is anticipated to have a beneficial effect on operations conducted by the relevant aircraft by reducing maintenance burdens on aircraft owners.

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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.