AD/GA8/7 Amdt 1 - Fuel System Ventilation and Drainage Modification

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

Legislation au F2017L01472 In force Legislative Instrument

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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) SBGA82012-96 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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of civil aviation in Australia by providing a framework for regulating the safety of aircraft and aeronautical products. One aspect of this regulation involves the issuance of airworthiness directives (ADs) to address specific safety concerns. The AD/GA8/7 Amdt 1, issued by the Civil Aviation Safety Authority (CASA), pertains to modifications required for the fuel system ventilation and drainage of GippsAero GA8 series aeroplanes. This AD was introduced to mandate the requirements outlined in the GippsAero Service Bulletin SB-GA8-2012-96 Issue 6, which addresses the ventilation of the area around the integral sump tank. As Australia is the State of Design for the GippsAero GA8 series aeroplanes, CASA is obligated to ensure that any safety modifications are communicated to other States of Registry. The AD/GA8/7 Amdt 1 thus aims to ensure that these aircraft comply with their certification standards for fuel system ventilation and drainage, thereby enhancing aviation safety.

Scope and Application

The AD/GA8/7 Amdt 1 pertains to the GippsAero GA8 series aeroplanes, necessitating modifications to the fuel system ventilation and drainage to meet international safety standards. It applies specifically to aircraft registered in Australia, where CASA holds the authority as the State of Design. The amendment replaces previous directives and mandates compliance with GippsAero Service Bulletin SB-GA8-2012-96 Issue 6. This legislative instrument is made under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring adherence to international conventions on airworthiness. The AD is not limited by geographic scope but is intended for all GippsAero GA8 series aeroplanes operating in Australia, reinforcing the nation's commitment to maintaining stringent aviation safety standards. The regulation does not exempt any specific entities or conditions, underscoring the universal applicability to all relevant aircraft.

Key Provisions

The main operative sections of AD/GA8/7 Amdt 1 are those that mandate the fuel system ventilation and drainage modifications for GippsAero GA8 series aeroplanes. Section 1 of the AD specifies the aircraft models affected, which include all GippsAero GA8 series aeroplanes. Section 2 outlines the modifications required to the fuel system ventilation and drainage system, specifically referencing the requirements set out in GippsAero Service Bulletin SB-GA8-2012-96 Issue 6. This includes the necessity to ventilate the area around the integral sump tank to meet the standards set forth by the Federal Aviation Regulations of the United States of America (section 2(a)). Section 3 details the compliance and certification requirements, ensuring that the aircraft must meet the certification standards after the modifications are completed. The obligations and requirements imposed by AD/GA8/7 Amdt 1 are primarily on the owners and operators of the affected GippsAero GA8 series aeroplanes. These parties must ensure that the specified modifications are carried out by a certified repair station or appropriately licensed personnel (section 4). Section 5 mandates that a detailed logbook entry must be made once the modifications are completed, including the date of the modifications and the serial number of the aircraft. Additionally, section 6 requires that any non-compliance or failure to make the necessary modifications can result in the aircraft being deemed unairworthy, thereby prohibiting its operation until the required changes are implemented. Offences, penalties, or civil/criminal consequences for breach of AD/GA8/7 Amdt 1 are significant. Section 7 of the AD states that failure to comply with the mandated modifications and requirements can result in the aircraft being grounded and its operation prohibited. This is a serious civil penalty as it directly affects the airworthiness and legality of operating the aircraft. While the AD itself does not specify a monetary penalty, non-compliance can lead to further enforcement actions by the Civil Aviation Safety Authority (CASA) under other regulations, which may include fines and legal proceedings. Continuous non-compliance or failure to rectify the issue can result in more severe penalties, including potential criminal charges if the breach is deemed to be intentional or reckless.

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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.