Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/GA8/7 Amdt 1 - Fuel System Ventilation and Drainage Modification
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 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. 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.
CASA issued AD/GA8/7 affecting GippsAero GA8 series aeroplanes in 2013. The AD required a fuel system ventilation and drainage modification. Since this AD was issued, the aircraft manufacturer, GippsAero, has updated Service Bulletin (SB) SB‑GA8‑2012-96 Issue 4, the requirements of which were mandated by AD/GA8/7.
CASA has issued AD/GA8/7 Amdt 1 to mandate the additional requirements of GippsAero SB-GA8-2012-96 Issue 6 which requires ventilation of the area around the integral sump tank to meet the requirements of regulation 23.967 (b) of the Federal Aviation Regulations of the United States of America. This AD repeals and replaces the previous AD on the subject.
As Australia is the State of Design for the aircraft type, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. The AD requires modification of the aircraft to ensure compliance with the aircraft’s certification standards for fuel system ventilation and drainage requirements.
GippsAero Service Bulletin SB-GA8-2012-96 Issue 6 is freely available from the following website address:
http://www.mahindraaerospace.com/mapl-pdf/SB-GA8-2012-96-Issue-6.pdf
Consultation
CASA has consulted with the Australian aviation industry and the general public via proposed airworthiness directive PAD/GA8/7 Amdt 1 which closed for comment on 6 June 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 instrument 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 20 November 2017.
[Instrument number AD/GA8/7 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/GA8/7 Amdt 1 - Fuel System Ventilation and Drainage Modification
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 has issued AD/GA8/7 Amdt 1 to mandate the additional requirements of GippsAero SB-GA8-2012-96 at Issue 6 which requires ventilation of the area around the integral sump tank as presented in SB-GA8-2012-96 Issue 6 to meet the requirements of regulation 23.967 (b) of the Federal Aviation Regulations of the United States of America.
As Australia is the State of Design for the aircraft type, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. The AD requires modification of the aircraft to ensure compliance with the aircraft’s certification standards for fuel system ventilation and drainage requirements.
The primary purpose of this legislative instrument is to mandate the latest issue of the requirement document.
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