Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/GA8/8 Amdt 1 — Engine Mount Fire Seal Washer
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 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.
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 issued AD/GA8/8 affecting GippsAero GA8-TC 320 aircraft in 2014. 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 a potential risk. The AD required the installation of an approved steel washer at each of the engine mount locations to address a potential risk of reduced engine retention capability in the event of a fire. As a result of a request from GippsAero, the manufacturer of the GA8 series aircraft, CASA has reviewed AD/GA8/8 and decided to amend it to clarify the applicability statement to be inclusive of the affected aircraft serial number range. This AD repeals and replaces the previous AD on this subject.
Consultation
This AD is being made at the request of industry, in particular the manufacturer of the affected aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from clarifying the applicability statement, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments Act 2003..
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 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 1 April 2015.
[Instrument number AD/GA8/8 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/GA8/8 Amdt 1 – Engine Mount Fire Seal Washer
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). CASA issued AD/GA8/8 affecting GippsAero GA8-TC 320 aircraft in 2014. 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 a potential risk. The AD required the installation of an approved steel washer at each of the engine mount locations to address a potential risk of reduced engine retention capability in the event of a fire. As a result of a request from GippsAero, the manufacturer of the GA8 series aircraft, CASA has reviewed AD/GA8/8 and decided to amend it to clarify the applicability statement to be inclusive of the affected aircraft serial number range.
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 need for ensuring the safety of air navigation and continuing airworthiness of aircraft in Australia. Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, and the Civil Aviation Safety Authority (CASA) issues airworthiness directives (AD) to ensure safety. AD/GA8/8 was issued in 2014 for GippsAero GA8-TC 320 aircraft to address a potential risk of reduced engine retention capability in the event of a fire, requiring the installation of an approved steel washer at each engine mount location. Following a request from GippsAero, CASA reviewed and amended AD/GA8/8 to clarify the applicability statement for the affected aircraft serial number range. This amendment is a legislative instrument made under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it commenced on 1 April 2015. The amendment was made at the request of the industry, specifically the aircraft manufacturer, and no further consultation or Regulation Impact Statement was deemed necessary as the amendment was of a minor nature. Additionally, a Statement of Compatibility with Human Rights has been provided, confirming that the amendment does not engage any applicable rights or freedoms.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) establish a framework for the safety of civil aviation in Australia, and the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for aircraft and aeronautical products. Specifically, this legislation applies to the GippsAero GA8-TC 320 aircraft, where Australia is the State of Design. The AD/GA8/8 Amdt 1, which is a legislative instrument, mandates the installation of an approved steel washer at each engine mount location to mitigate a potential risk of reduced engine retention in the event of a fire. This AD applies nationally, reflecting Australia's responsibility under international agreements for continuing airworthiness. The AD is made under the authority granted by the Civil Aviation Act 1988, and it commences on 1 April 2015. The AD extends to clarify the applicability statement to include the affected aircraft serial number range, following a review prompted by the aircraft manufacturer. The AD does not require further consultation or a Regulation Impact Statement as it is considered a minor amendment. Additionally, it is compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights, which is attached to the explanatory statement.
Key Provisions
The main operative sections of the AD/GA8/8 Amdt 1 pertain to the issuance and amendment of an airworthiness directive (AD) for the GippsAero GA8-TC 320 aircraft (CASR 1998, regulation 39.001). This AD is a legislative instrument under section 98 of the Civil Aviation Act 1988 (the Act). The AD mandates the installation of an approved steel washer at each engine mount to mitigate the risk of reduced engine retention capability in the event of a fire. This requirement arises from the State of Design’s responsibility to ensure continuing airworthiness and the State of Registry’s duty to maintain aircraft airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the AD/GA8/8 Amdt 1 are primarily directed at the State of Design, in this case, the Civil Aviation Safety Authority (CASA), and the State of Registry of the GippsAero GA8-TC 320 aircraft. CASA must ensure the AD is developed and transmitted to other States of Registry, while the State of Registry is responsible for ensuring compliance with the AD. This includes the timely installation of the approved steel washers and adherence to the clarified applicability statement, which now includes the affected aircraft serial number range. Compliance with these obligations is essential for maintaining the airworthiness of the affected aircraft.
Violations of the AD/GA8/8 Amdt 1 may result in civil or criminal consequences. Under the Civil Aviation Act 1988, failure to comply with an airworthiness directive can lead to significant penalties. The maximum penalties for non-compliance with an AD include fines and imprisonment. Specifically, under section 47 of the Act, an individual can face a fine of up to 60 penalty units (currently AUD 6,660) or imprisonment for up to six months, or both, for each offence of non-compliance. Additionally, companies can face higher fines, up to 300 penalty units (currently AUD 33,300) for each offence. These penalties underscore the seriousness with which the Act regards compliance with airworthiness directives.