AD/GC-1/4 Landing Gear Rework

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

Legislation au F2020L01119 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/GC-1/4 - Landing Gear Rework

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. When a foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design.

The United States of America Federal Aviation Administration (FAA) issued AD 51‑11-04 affecting Swift Museum Foundation GC-1A and GC-1B series aeroplanes in 1951. The United States of America is the State of Design for this aircraft type. As there are some examples of the type on the Australian register, and as the FAA AD pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/GC-1/4 to mandate requirements equivalent to FAA AD 51‑11-04.

Documents Incorporated by Reference

TEMCO Service Bulletin No. 28 provides guidance for the inspection of the main landing gear extension system and the installation of a spacer emergency landing gear pull down system. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is not freely available.

The AD refers to FAA AD 51-11-04 for information, explaining it as the source document for the requirements in the AD. The FAA AD is not incorporated by reference in the AD. The FAA AD is publicly available and can be found at the following internet address:

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/C70DF49E9BFE2A1A86256A56006BB026?OpenDocument

Technical documents referred to in this AD are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They may be purchased from the aircraft or component manufacturer by subscription.

As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant aircraft or engine manufacturer documentation, such as the Service Bulletins. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated documents available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the direction instrument, or to any interested person.

Consultation

As AD/GC-1/4 is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation 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 (OBPR id. 14507).

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 and subsection 94 (1) of the Act.

The instrument commences on 17 September 2020.

[Instrument number AD/GC-1/4]


Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/GC-1/4 – Landing Gear Rework

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 United States of America Federal Aviation Administration (FAA) issued AD 51‑11-04 affecting Swift Museum Foundation GC-1A and GC-1B series aeroplanes in 1951. The United States of America is the State of Design for this aircraft type. As there are some examples of the type on the Australian register, and as the FAA AD pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/GC-1/4 to mandate requirements equivalent to FAA AD 51‑11-04.

The primary purpose of this legislative instrument is to mandate requirements equivalent to FAA AD 51-11-04.

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 ensure the safety of civil aviation in Australia, providing a comprehensive regulatory framework that aligns with international standards set by the Convention on International Civil Aviation. This legislation was introduced to address the need for stringent safety regulations in the rapidly evolving field of civil aviation. The regulations were enacted by the Australian Parliament, with a clear policy objective of maintaining the highest safety standards in alignment with international norms and practices. One particular aspect of these regulations is the requirement for airworthiness directives (ADs) to be issued for specific aircraft or aeronautical products to ensure ongoing safety and airworthiness, as mandated by section 98 of the Civil Aviation Act 1988. This legislative instrument, AD/GC-1/4, was made under the authority of the Civil Aviation Safety Authority (CASA) to mandate requirements equivalent to a pre-existing United States Federal Aviation Administration (FAA) AD 51-11-04, which affects the Swift Museum Foundation GC-1A and GC-1B series aeroplanes. Given the historical context and the presence of these aircraft types on the Australian register, CASA issued this directive to ensure compliance with international safety standards and maintain the continuing airworthiness of these aircraft within Australian airspace. This directive reflects CASA's commitment to safety and adherence to international obligations under Annex 8 of the Convention on International Civil Aviation.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988 mandates the Australian Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for ensuring the continuing airworthiness of aircraft registered in Australia. The scope of AD/GC-1/4 specifically pertains to the Swift Museum Foundation GC-1A and GC-1B series aeroplanes, which are designed by the United States of America. As there are examples of these aircraft types on the Australian register, CASA issues AD/GC-1/4 to mandate requirements equivalent to the FAA AD 51-11-04, which was issued in 1951. This AD applies to aircraft operators and owners of the specified Swift Museum Foundation aeroplanes registered in Australia. The geographic reach of this regulation is national, focusing on maintaining airworthiness standards within Australian airspace. Exemptions or thresholds are not explicitly stated in the document, but the AD is issued under the authority provided by the Civil Aviation Act 1988 and CASR. The application of the AD may be extended or restricted through subordinate instruments, aligning with the overarching legislative framework.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under section 39.001, and the Civil Aviation Act 1988 (the Act) under section 98, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for aircraft and aeronautical products. AD/GC-1/4 is one such directive, specifically addressing the rework of landing gear for certain aircraft types. This directive mandates that aircraft operators comply with certain maintenance and inspection requirements to ensure the continued airworthiness of the affected aircraft, aligning with the requirements set forth in FAA AD 51-11-04. Under AD/GC-1/4, aircraft operators are required to adhere to the inspection and maintenance protocols outlined in TEMCO Service Bulletin No. 28. This includes ensuring the main landing gear extension system is inspected and, if necessary, a spacer for the emergency landing gear pull-down system is installed. Operators must also ensure that all personnel involved in the rework are adequately trained and qualified to perform these tasks. The AD requires operators to maintain detailed records of all inspections and reworks conducted, as well as any modifications made to the landing gear system. Failure to comply with the requirements set out in AD/GC-1/4 can result in significant consequences. Under CASR, non-compliance with an airworthiness directive is an offence, and CASA has the authority to take enforcement actions against non-compliant aircraft operators. The potential penalties for non-compliance can include fines and, in severe cases, the grounding of affected aircraft until the required reworks are completed and verified. Additionally, operators may face legal action if their non-compliance results in safety incidents or accidents. The AD also highlights the importance of having access to relevant technical documents, such as the TEMCO Service Bulletin No. 28, which is proprietary and requires a subscription for purchase. CASA, as the national airworthiness authority, will provide access to these documents for inspection purposes at its offices, but the responsibility for maintaining up-to-date subscriptions lies with the aircraft operators. This ensures that operators have the necessary information to comply with airworthiness requirements and maintain the safety of their aircraft.

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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.