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

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

Legislation au F2013L01663 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/GA8/7  Fuel System Ventilation and Drainage Modification

 

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. 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/GA8/7 to correct a non-compliance with the type design standard in regulation 23.967 (b) of the Federal Aviation Regulations of the United States of America for the GippsAero GA8 aircraft configured with the Mark II integral fuel tank. The non-compliance has occurred due to a lack of drainage and ventilation in compartments adjacent to the GA8 integral fuel tank. Should there be a leak of the Mark II integral fuel tank, the lack of drainage and ventilation would expose the aircraft and its occupants to toxic fumes and flammable fluid.

 

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. The AD requires the registered operator of an aircraft to take remedial action to introduce appropriate drainage and ventilation to the areas in question, and thus bring aircraft back within type design standards.

 

Consultation

CASA has consulted with the Australian aviation industry and the general public via a proposed AD, PAD/GA8/7. CASA published the proposed AD on its website on 18 July 2013 and invited enquiries and feedback by 8 August 2013. CASA received 2 comments from individuals. CASA considered those comments before finalising the AD.

 

The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.

 

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 6 September 2013.

 

[Instrument number AD/GA8/7]

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  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

The legislative instrument is an airworthiness directive (AD). AD/GA8/7 has been issued to correct a non-compliance with the type design standard in regulation 23.967 (b) of the Federal Aviation Regulations of the United States of America for the GippsAero GA8 aircraft configured with the Mark II integral fuel tank. The non-compliance has occurred due to a lack of drainage and ventilation in compartments adjacent to the GA8 integral fuel tank. Should there be a leak of the Mark II integral fuel tank, the lack of drainage and ventilation would expose the aircraft and its occupants to toxic fumes and flammable fluid.

 

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. The AD sets out required remedial action to introduce appropriate drainage and ventilation to the areas in question, and thus bring aircraft back within type design standards.

 

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 address the overarching need for safety in air navigation in Australia, providing a regulatory framework that ensures compliance with international standards set by the Convention on International Civil Aviation. This legislation was introduced to maintain the safety and airworthiness of aircraft within Australia and to align with the obligations of the State of Design and State of Registry under international agreements. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, ensuring that any identified safety issues are addressed effectively. This particular legislative instrument, AD/GA8/7, was issued to correct a non-compliance issue with the GippsAero GA8 aircraft, specifically regarding inadequate drainage and ventilation in compartments adjacent to the Mark II integral fuel tank. This directive mandates that registered operators take remedial action to address these deficiencies, thereby preventing exposure to toxic fumes and flammable fluid in the event of a fuel tank leak.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by AD/GA8/7, applies to the GippsAero GA8 aircraft configured with the Mark II integral fuel tank registered in Australia. This airworthiness directive (AD) was issued by the Civil Aviation Safety Authority (CASA) to address a non-compliance issue with the type design standard in the Federal Aviation Regulations of the United States of America, specifically regulation 23.967(b). The AD is applicable to the State of Design, which in this case is Australia, and is intended to ensure the continuing airworthiness of the affected aircraft. The AD mandates that registered operators of the GippsAero GA8 aircraft must take remedial action to introduce appropriate drainage and ventilation in the compartments adjacent to the integral fuel tank to prevent exposure to toxic fumes and flammable fluid in the event of a leak. The AD is a legislative instrument and, as such, its application can be extended or restricted through subordinate instruments. However, no exclusions, exemptions, or thresholds are specified in this particular AD.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the legal framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue airworthiness directives (ADs) under regulation 39.001. AD/GA8/7 is one such airworthiness directive issued under this authority, specifically addressing a non-compliance issue related to the GippsAero GA8 aircraft configured with the Mark II integral fuel tank (section 98(5B) and (5BA) of the Civil Aviation Act 1988). The directive requires the registered operator of an affected aircraft to take remedial action to ensure adequate drainage and ventilation in compartments adjacent to the fuel tank, thereby correcting a design standard non-compliance that could otherwise expose the aircraft and its occupants to toxic fumes and flammable fluid (CASR 1998, reg 23.967(b)). This action is necessary to bring the aircraft back into compliance with type design standards and ensure continuing airworthiness as mandated by international civil aviation conventions. The AD imposes specific obligations on the registered operators of the GippsAero GA8 aircraft. These operators must ensure that appropriate drainage and ventilation are installed in the specified compartments adjacent to the Mark II integral fuel tank. The directive outlines the necessary remedial action to be undertaken and requires operators to implement these changes within a specified timeframe. Failure to comply with the AD could result in the aircraft being deemed non-airworthy, potentially leading to grounding and other regulatory actions by CASA. Operators are also required to maintain records of the remedial actions taken and to ensure that the modifications are properly documented and certified. The AD/GA8/7 includes provisions for potential penalties and consequences for non-compliance. While the explanatory statement does not specify maximum penalties, it is clear that non-compliance with airworthiness directives is taken seriously and could result in significant regulatory action. CASA has the authority to enforce compliance through various means, including the issuance of compliance orders, suspension or revocation of airworthiness certificates, and other administrative or legal actions. These measures are designed to ensure that aircraft remain airworthy and that safety standards are upheld at all times. The directive's legislative nature means that non-compliance may also have civil or criminal consequences, depending on the severity of the breach and the circumstances surrounding it. In summary, AD/GA8/7 addresses a critical safety issue related to the GippsAero GA8 aircraft by mandating specific remedial actions to correct a non-compliance with design standards. Registered operators are obligated to implement these changes to ensure the continuing airworthiness of their aircraft. Non-compliance with the directive could result in serious regulatory consequences, highlighting the importance of adhering to CASA's directives to maintain the highest safety standards in Australian civil aviation.

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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.