Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/GA8/9 – Wing Strut Fittings
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), 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.
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/GA8/9 to mandate a conservative factored fatigue life limit for certain GippsAero GA8 wing struts and wing strut fittings.
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.
A manufacturing quality escape has resulted in wing strut fittings in the effective serial number range to be manufactured with incorrect grain orientation. The fatigue implications of the incorrect grain are not well understood. Therefore, CASA has mandated a conservative factored fatigue life limit based on the known fleet data of the affected aircraft. CASA will continue to gather data for the purposes of managing the fleet removal of these fittings from service.
The GippsAero Service Bulletin referred to in the AD is freely available from the following internet address:
http://www.mahindraaerospace.com/mapl-pdf/SB-GA8-2017-174%20Issue%201.pdf
Consultation
CASA has consulted with the Australian aviation industry and the general public via CASA Proposed AD PAD/GA8/9 which was open for comment for a period of eight weeks and closed for comment on 26 April 2018.
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 (OBPR 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 1 June 2018.
[Instrument number AD/GA8/9]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/GA8/9 – Wing Strut Fittings
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/GA8/9 has been issued to mandate a conservative factored fatigue life limit for certain GippsAero GA8 wing struts and wing strut fittings.
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 replace certain GippsAero GA8 wing struts and wing strut fittings within specified timeframes in response to a manufacturing quality escape which resulted in wing strut fittings in the effective serial number range to be manufactured with incorrect grain orientation.
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