Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of civil aviation in Australia and to implement the Convention on International Civil Aviation, among other objectives. This regulation was introduced by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, under the authority granted by the Civil Aviation Act 1988. The policy objective of this regulation is to maintain and enhance the safety standards of civil aviation by ensuring the continuing airworthiness of aircraft, in line with international standards. The regulation enables CASA to issue airworthiness directives (ADs) for aircraft types registered in Australia, which mandate specific requirements to address safety issues identified by the State of Design or other contracting states. AD/GC-1/6, for example, mandates the requirements of a United States Federal Aviation Administration AD issued for certain Swift Museum Foundation aeroplanes, ensuring compliance with international safety standards for these aircraft on the Australian register.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) Amendment (Engine Mount) Instrument 2020 (AD/GC-1/6) applies to the Swift Museum Foundation GC-1A and GC-1B series aeroplanes registered in Australia. This legislation is enacted under the Civil Aviation Act 1988 and is designed to mandate requirements equivalent to the United States Federal Aviation Administration’s Airworthiness Directive (AD) 64-05-06, issued in 1964. As the United States is the State of Design for this aircraft type, and some examples of these aeroplanes are on the Australian register, the Civil Aviation Safety Authority (CASA) has issued this airworthiness directive to ensure compliance with international safety standards. The AD is applicable nationally, ensuring that all registered Swift Museum Foundation GC-1A and GC-1B series aeroplanes meet the specified safety requirements. The AD does not incorporate the FAA AD by reference but refers to it for the information source of the requirements. This instrument does not include any stated exclusions or exemptions and extends its application through the established regulatory framework of the CASR.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) mandate the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) to ensure the continuing safety of aircraft registered in Australia. Under section 39.001 of the CASR, CASA can issue such directives for types of aircraft or aeronautical products, with these directives becoming legislative instruments unless they are specific to a particular person, aircraft, or aeronautical product (sections 98(5B) and (5BA) of the Civil Aviation Act 1988). The AD in question, AD/GC-1/6, mandates requirements equivalent to FAA AD 64‑05-06, which was issued by the United States Federal Aviation Administration (FAA) in 1964 for the Swift Museum Foundation GC-1A and GC-1B series aeroplanes. Given the presence of these aircraft types on the Australian register and the pre-dating of the FAA AD to the automatic acceptance of foreign ADs under CASR, CASA has issued AD/GC-1/6 to align Australian regulations with international safety standards. The AD imposes obligations on all parties or entities governed by it to ensure compliance with the mandated requirements for the Swift Museum Foundation GC-1A and GC-1B series aeroplanes. Specifically, these requirements pertain to the engine mount of these aircraft, as detailed in FAA AD 64‑05-06. Operators, owners, and maintainers of these aircraft must adhere to the specified safety measures and maintenance schedules as outlined in the AD. This includes conducting necessary inspections, repairs, or modifications to the engine mount to ensure it meets the safety standards set forth by the FAA and now mandated by CASA through AD/GC-1/6. Failure to comply with the requirements set out in AD/GC-1/6 may result in civil or criminal penalties. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions by CASA, including fines and other administrative penalties. The severity of the penalty depends on the nature and extent of the non-compliance, but the Act allows for significant fines that can be substantial, reflecting the serious nature of ensuring aviation safety. Additionally, repeated or severe non-compliance might result in more severe penalties, including potential criminal charges if the non-compliance is deemed to have caused significant harm or risk to public safety. In summary, AD/GC-1/6 is a legislative instrument issued by CASA to mandate safety requirements for Swift Museum Foundation GC-1A and GC-1B series aeroplanes registered in Australia. It aligns with international standards by mirroring the requirements of the FAA AD 64‑05-06. Compliance with AD/GC-1/6 is mandatory for all relevant parties, and failure to comply can lead to civil penalties, including fines, and potentially criminal charges if the non-compliance results in significant safety risks. This AD ensures that the continuing airworthiness of these aircraft is maintained in accordance with international safety standards.