Air Force Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES.

1934. No. 25

______

REGULATIONS UNDER THE AIR FORCE ACT 1923.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923, to come into operation forthwith, except as otherwise provided.

Dated this twenty-first day of February 1934.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

__________

AMENDMENT OF AIR FORCE REGULATIONS.

(Statutory Rules 1927, No. 161, amended to this date.)

(Twentieth Amendment.)

1. Regulation 2 is amended by inserting at the end thereof the following words and figures:—

“Part XIV.—Flying—Regulations 686—696.

Part XV.—Conduct Sheets —Regulations 697—701.”

2. Regulation 4 is amended—

(a)by inserting after the definition of “Active service” the following definitions:—

“‘Aerobatics’ means evolutions performed with an aircraft other than those required for normal flight;

‘Aerodrome’ means any definite land or water area intended to be used and capable of being used, either wholly or in part, for the landing or departure of aircraft;

‘Aeroplane’ means any aircraft heavier than air, with fixed wings, driven mechanically and includes:—

(a) amphibians,

(b) seaplanes, and

(c) landplanes,

denoting, respectively aeroplanes designed to alight on or take off from—

(a) land or water,

(b) water, and

(c) land;”;

4955.—Price d.

(b)by inserting after the definition of “Airman under sentence of detention” the following definition:—

“‘Air Navigation Regulations’ means those regulations made under the Air Navigation Act 1920 and being Statutory Rules, 1921, No. 33 as amended from time to time, or any regulations in substitution for them or for the time being in force;”;

(c)by inserting after the definition of “Air service” the following definition:—

“‘ Airship’ means an aircraft using gas lighter than air as a means of support, and having means of propulsion;”;

(d)by inserting after the definition of “Air signal” the following definition:—

“‘Amphibian’ means an aeroplane fitted with landing gear to enable it to alight with safety on or arise from either land or water;

‘Balloon’ means an aircraft, using gas lighter than air as a means of support, and having no means of propulsion;

‘By day’ means between one half hour before sunrise and one half hour after sunset;

‘By night’ means between one half hour after sunset and one half hour before sunrise;”;

(e)by inserting after the definition of “Citizen Forces” the following definition:—

“‘Civil aerodrome’ means an aerodrome licensed in accordance with the provisions of the Air Navigation Regulations, or an aerodrome, other than an air-force aerodrome, under the control of the Minister;”;

(f) by inserting after the definition of “Equipment” the following definition:—

“‘Glider’ means an aircraft heavier than air, not fixed to the ground and having no means of mechanical propulsion but having means of directional control;”;

(g)by inserting after the definition of “His Majesty’s Service” the following definition:—

“‘Landplane’ means an aeroplane fitted with landing gear to enable it to alight on or arise from land;”;

(h)by inserting after the definition of “Non-commissioned officer” the following definition:—

“‘Normal flight’ includes all flying manœuvres necessary for ordinary cross-country or overseas flying, horizontal straight flight and flight at normal climbing and gliding angles; turns to port or starboard carried out when flying horizontally or at normal climbing and gliding angles, and sideslips for purposes of losing height or counteracting drift;”;

(i)by inserting after the definition of “Proper air-force authority” the following definition:—

“‘Regulations for Preventing Collisions at Sea’ moans the regulations for preventing collisions at sea under the Imperial Act known as the Merchant Shipping Act;”; and

(j) by inserting after the definition of “Reservist” the following definition:—

“‘Seaplane’ means an aeroplane provided with means for normally alighting on, or arising from, water;”.

3. Regulation 74 is amended—

(a)by inserting in sub-regulation (1.) after the words “appointed to be an officer,” the words and figures “shall be required to enter into a bond of £80 that he will comply with the requirements of this regulation and”; and

(b) by inserting the following new sub-regulation: —

“(5.) Any person who makes default of this, regulation by failing to carry out the prescribed service or training required of him either in the Active Force or in the Reserve shall forfeit the bond or such part of it as the Air Board thinks just having regard to the term of service not completed.”

4. Regulation 93 is amended by inserting at the end thereof the following proviso:—

“Provided that if a suitable candidate within the prescribed age limits is not available for any particular appointment the Air Board may approve the enlistment of aperson over 35 years of age.”

This regulation shall be deemed to have come into operation as from the first day of August, 1933.

5. Regulation 97 is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the word “four” and inserting in its stead the word “two”;

(b) by omitting from paragraph, (a)of sub-regulation (1.) the words “ or the Royal Air Force”; and

(c) by omitting from paragraph (b)of sub-regulation (1.) the word “six” and inserting in its stead the word “two”. This regulation shall be deemed to have come into operation as from the first day of December, 1933.

6. Regulation 113 is amended—

(a)by inserting in sub-regulation (1.) after the word “commenced” the words and figures “shall be required to enter into a bond of £80 that he will comply with the requirements of this regulation and”; and

(b) by inserting the following new sub-regulation:—

“(5.) Any person who makes default of this regulation by failing to carry out the prescribed service or training required of him either in the Active Force or in the Reserve shall forfeit the bond or such part of it as the Air Board thinks just having regard to the term of service not completed.”

7. Regulation 134 is amended by inserting at the end of sub-regulation (2.) the words “A further credit of sick leave shall not accrue to a member subsequent to the date of the decision to effect his retirement or discharge on the grounds of medical unfitness.”.

8. Regulation 140 is amended by inserting before the words “A member” the words and figures “Subject to regulation 136,”.

Sick leave on reaching retiring age.

9. After regulation 140 the following new regulation is inserted:—

“140a. Notwithstanding anything contained in the last preceding regulation a member shall not be entitled to sick leave beyond the day on which he reaches the prescribed retiring age.”

10. After regulation 446 the following new regulations are inserted:—

Absence for more than seven days deemed to be desertion.

446 a. Any member of the Citizen Air Force who, having been required to serve pursuant, to a proclamation made under regulations 445 and 446, absents himself without leave for a longer period, than seven days from his unit or from the place at which he should be present, shall, be deemed to be a deserter and shall be liable to the punishment provided for desertion.

Deserters how dealt with

446 b.—(1.) When a member of the Citizen Air Force becomes a deserter within the meaning of regulation 446a he shall, on conviction by a court of summary jurisdiction be liable to be committed to confinement in the custody of any officer of the Defence Force for a period not exceeding three months.

(2.) Any person committed to the custody of an officer in pursuance of this regulation may be detained by that officer at, any institution or place kept or used for air-force purposes, and while so detained shall be subject to the regulations governing that institution or place and to training and discipline as prescribed.

(3.) Inaddition to any other penalty to which he may be liable under this regulation or regulation 446a a deserter may be arrested by any member of the Defence Force or by any police officer of the Commonwealth or of a State or Territory on a warrant or order issued by his commanding officer, and may thereupon be handed over to his commanding officer with the intent that he shall perform the service required of him.

Service in Commonwealth or Territory.

446 c. In, time of war, a member of the Citizen Air Force shall be liable to be ordered to fly outside the limits of the Commonwealth or a Territory and the territorial waters thereof on any flight of which the points of departure and intended, return are within those limits.”

11. Regulation 449 is amended by inserting in sub-regulation (2.)—

(a) after the words “shall be” (first occurring) the word “either”; and

(b) after the words “home training” the words and figures “or 25 days home training”.

12. Regulation 453a is repealed, and the following regulations are inserted in its stead:—

When uniform may be worn.

“453a.—(1.) When on duty a member of the Citizen Air Force shall wear such uniform and distinguishing badges as are approved by the Air Board.

(2.) Subject to the last preceding sub-regulation, a member of the Citizen Air Force shall not wear air-force uniform without the permission of the Air Board.

Return of Government property on discharge &c.

453 b. Air-force clothing shall remain Government property and shall not become the property of a member of the Citizen Air Force at any time. A member on discharge or termination of appointment shall return all air-force clothing, equipment and other articles on issue to him as a member of the Citizen Air Force, or shall be required to pay the unexpired value of uniform and the replacement value of equipment public clothing and other articles:

Provided that a member who satisfactorily completes a period of service in the Reserve may be permitted to retain for use if subsequently called up for service the air-force uniform in his possession.”

13. Regulation 454 is amended by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—

“(6.) Airmen of Class E of the Reserve shall be grouped in accordance with their qualifications as follows:—

(a) Class E1 shall consist of airmen who have previously served in the Active Force or the Royal Air Force as airmen pilots and have been granted their discharges and are selected by the Air Board for enrolment in the Reserve.

(b)Class E2 shall consist of pilots regularly engaged in civil aviation who are selected by the Air Board for enrolment in the Reserve as airmen pilots.

(c) Class E3 shall consist of airmen who have previously served in the Active Force or the Royal Air Force as airmen and have been granted their discharges and are selected by the Air Board for enrolment in the Reserve.

(d)Class E4 shall consist of persons regularly employed in civil aviation who are selected by the Air Board for enrolment in the Reserve.

(e) Class E5 shall consist of persons who could not be included in Class E1, E2, E3, or E4 and are selected by the Air Board for enrolment in the Reserve.”

14. Regulation 457 is repealed.

15. Regulation 462 is amended by omitting the words “, as well as the Air Board,”.

16. Regulation 465 is amended by inserting after the words “His Majesty’s” (where occurring) the word “Air”.

17. Regulation 471 is amended by inserting after the words “His Majesty’s” (where occurring) the word “Air”.

Discharge prior to expiration of service.

18. Regulation 474 is repealed and the following regulation is inserted in its stead:—

“474. An airman of the Reserve may, except in time of war and except as provided in regulation 113, claim his discharge before the

expiration of the period of service for which he was enrolled on giving fourteen days’ notice in writing to the Air Board of his intention to claim his discharge.”

19. Regulation 475 is amended—

(a)by omitting from sub-regulation (1.) the following words, letters and figures:—

“Class E1..........................................................................

40 years.

Class E2, E3, or E4............................................................

55 years.”

and inserting in their stead the following words, letters and figures:—

Class E1 or E2...................................................................

40 years.

Class E3, E4 or E5.............................................................

55 years.”

and

(b) by inserting in sub-regulation (2.) after the letter and figure “E1” the word, letter and figure “or E2”.

20. Regulation 478 is amended by inserting after the letter and figure “E1” (where occurring) the word, letter and figure “or E2”.

21. Regulation 480 is repealed.

22. Regulation 553 is amended

(a) by omitting from paragraph (a) after the word “Electrician” the word and numeral “(class I.)”; and

(b) by omitting from paragraph (b) the words and numeral “Electrician (class II.)”.

23. Regulation 603 is amended by omitting from sub-regulation (I.) the figures “608” and inserting in their stead the figures “614”.

24. Regulation 606 is amended by omitting paragraphs (a), (b), (c), (d), (e), and (f) from sub-regulation (1.) and inserting in their stead the following paragraphs:—

 

Per mile up to 5,000 miles in any twelve months.

Per mile after 5,000 miles in any twelve months.

s.

d.

s.

d.

(a)

Motor truck, 1-ton capacity or over...

0

..

0

.

(aa)

Other motor truck..........................

½d. per mile above rate for car of similar horse-power.

 

s.

d.

s.

d.

(b)

Motor car over 12 horse-power

0

..

0

(c)

Motor car over 8 horse-power

and not exceeding 12 horsepower

0

4½

..

0

(d)

Motor car 8 horse-power or under

0

4

..

0

2

(e)

Motor cycle with side car

0

3

..

0

1½

(f)

Motor cycl

0

..

0

1.”

25. Regulation 648 is amended by inserting the following new sub-regulation:—

“(3.) Notwithstanding anything contained in these Regulations payment shall not, except as otherwise approved by the Air Board, be made to a reservist for carrying out the prescribed training.”

26. After Part XIII. the following new parts are inserted:—

“Part XIV.—Flying.

Air Navigation Regulations.

686. The Air Navigation Regulations shall not apply to the Air Force.

Saving provisions.

687. Nothing contained in this Part of these Regulations shall be construed as limiting the operation of any orders which the Air Board may issue with respect to —

(a) any additional station and signal lights for an air-force aircraft or aerodrome;

(b) signals at an air-force aerodrome; or

(c) the proper conduct of air traffic in the vicinity of an air-force aerodrome.

Flying orders.

688. Subject to these Regulations, the Air Board may issue such orders and instructions as are deemed necessary for the proper conduct of flying in the Air Force.

Suspension of operation of regulations.

689. Notwithstanding anything contained in this Part of these Regulations where in the opinion of the Minister compliance with any provision of this Part of these Regulations is not practicable, having due regard to the interests of air-force training or operations, the Minister may, by notice published in such manner as he may direct, order that any such provision shall not apply during the time specified in the order to any person or class of persons or any aircraft or type of aircraft, and while such order remains in force the said provisions shall not apply.

Flying over cities or towns.

690.—(1.) An aircraft shall not fly over any city, town or populous area except at such an altitude as will enable the aircraft to land outside the city, town or populous area should the means of propulsion fail through mechanical breakdown or other cause.

(2.) Without prejudice to the last preceding sub-regulation an aircraft shall not fly over—

(a) any city, town or populous area at a lower altitude than 1,500 feet, or

(b)any other area at a lower altitude than 500 feet unless through stress of weather or other cause indispensable to normal flying operations it is essential that a lower altitude be maintained.

(3.) This regulation shall not apply to aircraft which are about to land or have just departed from an aerodrome.

Aerobatics, &c.

691. Except with the authority of the Air Board, a member in an aircraft shall not—

(a) engage in any aerobatics or exhibition flying over any city or town or thickly inhabited district or over any regatta, race meeting, or meeting for public games or sports;

(b)engage in any flying which by reason of low altitude or proximity to persons buildings or shipping is dangerous to public safety; or

(c) drop or cause or permit to be dropped except in accordance with sub-regulation (14.) of regulation 692, or except in the performance of air-force training or duty, from any aircraft, any article.

General rules of the air.

692.—(1.) Except as provided in sub-regulation (7.) of regulation 694 an aeroplane shall always give way to a glider, a balloon, fixed or free, and to an airship. An airship shall always give way to a glider and a balloon, whether fixed or free. An airship, when not under its own control, shall be classed as a free balloon.

(2.) Risk of collision can, when circumstances permit, be ascertained by carefully watching the bearing and angle of elevation of an approaching aircraft. If neither the bearing nor the angle of elevation appreciably changes, such risk shall be deemed to exist.

(3.) The term “risk of collision” shall include all risk of accident due to undue proximity of other aircraft. Every aircraft that is required by these Regulations to give way to another aircraft to avoid collision shall keep a safe distance, having regard to the circumstances of the case.

(4.) While observing the provisions of the last preceding sub-regulation, a motor-driven aircraft shall always manœuvre according to the provisions of the succeeding sub-regulation of this regulation as soon as it is apparent that, if it pursued its course, it would pass at a distance of less than 200 yards from any part of another aircraft.

(5.) When two motor-driven aircraft are meeting end on, or nearly end on, each shall alter its course to starboard.

(6.) When two motor-driven aircraft are on courses which cross, the aircraft which has the other on its own starboard side shall keep out of the way of the other.

(7.) An aircraft overtaking any other shall keep out of the way of the overtaken aircraft by altering its own course to starboard and must not pass by diving. Every aircraft coming up with another aircraft from any direction more than 110 degrees from ahead of the latter, that is, in such a position with reference to the aircraft which it is overtaking that at night it would be unable to see either of that aircraft’s side-lights, shall be deemed to be an overtaking aircraft, and no subsequent alteration of the bearing between the two aircraft shall make the overtaking aircraft a crossing aircraft within the meaning of these Regulations, or relieve it of the duty of keeping clear of the overtaken aircraft until it is finally past and clear. As by day the overtaking aircraft cannot always know with certainly whether it is forward or abaft the direction mentioned before in this sub-regulation from the other aircraft, it shall, if in doubt, assume that it is an overtaking aircraft and keep out of the way.

(8.) Where by any of these Regulations one of the two aircraft is to keep out of the way, the other shall keep its course and speed. When, in consequence of thick weather or other causes, the aircraft having the right of way finds itself so close that collision cannot be avoided by the action of the giving-way aircraft alone, it shall take such action as will best aid to avert collision.

(9.) Every aircraft which is directed by these Regulations to keep out of the way of another aircraft shall, if the circumstances admit, avoidcrossing ahead of the other.

(10.) In order to obviate the increased risk of collision which exists on air traffic routes, the following provisions shall, so far as it is safe and practicable, be observed when flying on or in the vicinity of such routes:—

(a) Every aircraft when flying by compass along the straight line (rhumb line) joining two points on an air traffic route in common use, shall keep such line at least 500 yards on its left.

(b)Every aircraft following an air traffic route, which has been officially recognized, shall keep such route at least 300 yards on its left.

(c) Every aircraft which, in the vicinity of a route frequented by aircraft, is following a line of landmarks such as a road, railway, river, canal or coastline, and the like, shall keep such line of landmarks at least 300 yards on its left.

(d)An aircraft shall not fly keeping any of the lines or routes above referred to on its right, except at a distance therefrom sufficient to avoid aircraft following such lines or routes in accordance with these Regulations.

(e) When crossing one of the lines or routes in this sub-regulation referred to, an aircraft shall cross it at right angles as rapidly as possible and as high as reasonably practicable.

(f) In the case of flights in group formation the aircraft of the leader of the group will be responsible for loading the flight in such a manner that every aircraft in the group can comply with the provisions of this sub-regulation.

(11.) All aircraft, on land or sea about to ascend shall not attempt to “take-off” until there is no risk of collision with alighting aircraft.

(12.) Every aircraft in a cloud, fog, mist or other conditions of bad visibility shall proceed with caution, having careful regard to the existing circumstances. Every aircraft when flying beneath clouds shall always do so, so far as it is safe and practicable, at such a distance below the clouds as will enable it readily to sec and be seen.

(13.) In conforming with this regulation, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from this regulation necessary in order to avoid immediate danger.

(14.) The dropping of ballast other than fine sand or water from aircraft in the air is prohibited.

Rules as to lights and day markings for aircraft.

693.—(1.) For the purpose of this regulation—

(a)an aircraft shall be regarded as being on the surface of the water when any part of the aircraft is in contact with the water;

(b)an aircraft, being in the air or on the surface of the water, shall be regarded as being under way when it is not moored to the ground or to any fixed object on the land or in the water;

(c) an aircraft under way in the air or on the surface of the water shall be regarded as making way when it has a velocity relative to the air or water respectively;

(d)an aircraft shall be regarded as not being under control when it is unable to execute a manœuvre required in respect of it by the provisions of this regulation or by the Regulations for Preventing Collisions at Sea;

(e)“landing area” means that part of an aerodrome which is reserved for departures and landing of aircraft;

(f) “visible”, when used in relation to lights, means visible on a dark night with a clear atmosphere;

(g)“plane of symmetry”, in relation to an aircraft, means the plane of symmetry passing through the longitudinal axis of the aircraft;

(h)“State” means a State which is a party to the Convention for the regulation of Aerial Navigation;

(i) the angular limits for lights prescribed by sub-regulations (5.) to (13.) inclusive of this regulation shall be determined when the aircraft is in its normal altitude for flying on a rectilinear horizontal course.

(2.) (a)The provisions as to lights in this regulation shall be complied with by aircraft in all weathers during the period from sunset to sunrise, or in the case of aircraft being on or over the territory of a State by the law of which any other period is substituted, during the period so substituted.

(b)Throughout the period during which the provisions of this regulation are to be complied with, no other lights shall be displayed which may be mistaken for the lights required to be displayed by these Regulations.

(c) The lights required to be displayed by this regulation shall not be dazzling.

(3.) (a)In the event of the failure of any light which is required by this regulation to be displayed by aircraft in flight, the aircraft concerned shall, if the light cannot be repaired or replaced in flight, land as soon as it can do so without danger, and

(b)Where, owing to the difficulty of producing lamps to meet the requirements of this regulation as regards sector lights, an overlap of those lights is unavoidable, the overlap shall be as slight as possible and there shall be no sector in which no light is visible.

(4.) Nothing in this regulation shall interfere —

(a)with the operation of any special regulations made by any State with respect to the additional station or signal lights for military aircraft or for aircraft in group formation; or

(b)with the exhibition of recognition signals adopted by owners of aircraft which have been authorized by their respective governments and published.

Aeroplanes.

(5.) (a) Every aeroplane in the air or on an aerodrome shall display—

(i) on the right side, a green light, fixed so as to show an unbroken light visible at a distance of at least five miles in a dihedral angle of 110 degrees formed by two vertical planes, of which one is parallel to the plane of symmetry and directed dead ahead, and the other is directed to the right;

(ii) on the left side, a red light fixed so as to show an unbroken light visible at a distance of at least five miles in a dihedral angle of 110 degrees formed by two vertical planes, of which one is parallel to the plane of symmetry and directed dead ahead, and the other is directed to the left; and

(iii) at the rear, a white light, fixed so as to show astern an unbroken light, visible at a distance of at least three miles in a dihedral angle of 140 degrees formed by two vertical planes bisected by the plane of symmetry.

(b)Where in order to comply with the last preceding paragraph, a single light has to be replaced by several lights, the field of visibility of each of those lights shall be so limited that only one can be seen at a time; and

(c) In the case of an aeroplane with a maximum span of less than 65 feet, the required lights may be combined in one or more lamps, placed centrally, provided that the requirements as to colour and visibility are complied with.

(6.) Every aeroplane under way on the surface of the water—

(a)if it is under control and is not being towed, shall display the lights required by the last preceding sub-regulation, and in addition, forward a white light fixed so as to show forward an unbroken light visible at a distance of at least three miles in a dihedral angle of 220 degrees formed by two vertical planes, and bisected by the plane of symmetry;

(b)if it is being towed, shall display the lights required by the last preceding sub-regulation; and

(c) if it is not under control shall display two red lights placed where they can best be seen, one vertically over the other, not less than three feet apart, and both, being visible, so far as practicable all round the horizon at a distance of at least two miles, and shall also display—

(i) if making way, the lights required by the last preceding sub-regulation; or

(ii) if not making way, the light required by subparagraph (iii) of paragraph (a)of the last preceding sub-regulation.

(7.) Every aeroplane at anchor or moored on the surface of the water—

(a)shall display forward centrally where it can be best seen, a red light three feet vertically above a white light, both being visible all round the horizon at a distance of at least one mile;

(b)shall, if its length is 150 feet or over, display, in addition to any other light required by this sub-regulation, a white light at or near its stern at a lower height than the lights mentioned in the last preceding paragraph, and visible all round the horizon at a distance of at least one mile; and

(c)shall, if its maximum span is 150 feet or over, display, in addition to any other light required by this sub-regulation, a white light on each side placed in such a manner as to demarcate the maximum lateral dimension of the aeroplane and visible, so far as practicable, all round the horizon at a distance of at least one mile.

Gliders, balloons and kites.

(8.) When aeroplanes are required by this regulation to display lights a glider shall display a white light visible, so far as practicable, in all directions.

(9.) A free balloon shall display a white light placed not less than 15 or more than 30 feet below the basket and visible, so far as practicable, in all directions at a distance of at least two miles.

(10.) (a)(i) A captive balloon or kite shall display two white lights placed 12 feet apart, one vertically below the other and both being visible so far as practicable in all directions at a distance of at least two miles, the upper light being placed not less than 15 or more than 30 feet below the basket, or, if there is no basket, below the lowest part of the balloon or kite;

(ii) In addition, from the mooring cable of the balloon or kite there shall be displayed at intervals of 1,000 feet measured from the said group of two white lights, similar groups of two white lights, and if the lowest group of lights is obscured by clouds, an additional group shall be displayed below the cloud base; and

(iii) In addition, the position of the object to which the balloon or kite is moored, on the ground shall be marked by a similar group of two white lights.

(b) Byday, the mooring cable of a captive balloon shall have attached to it at intervals of not more than 300 feet measured from the basket (or, if there is no basket, from the lowest part of the balloon) tubular streamers, not less than eight inches in diameter and six feet in length and marked with alternate bands of white and red 18 inches in width.

(c) By day, the mooring cable of a kite shall be marked, either—

(i) in the manner required by the last preceding paragraph in the case of a captive balloon; or

(ii) by streamers of stout paper attached to the cable at intervals of 150 feet measured from the lowest part of the kite, being streamers not less than 30 inches in length or one foot in width in their widest part and marked with alternate bands of white and red four inches wide.

(11.) (a) Except as provided in the next succeeding sub-regulation an airship when under way shall display the following lights:—

(i) forward, a white light fixed so as to show forward an unbroken light visible at a distance of at least five miles in a dihedral angle of 220 degrees formed by two vertical planes and bisected by the plane of symmetry;

(ii) on the right side, a green light fixed so as to show an unbroken light visible at a distance of at least five miles in a dihedral angle of 110 degrees formed by two vertical planes, of which one is parallel to the plane of symmetry and directed dead ahead, and the other is directed to the right;

(iii) on the left side, a red light fixed so as to show an unbroken light visible at a distance of at least five miles in a dihedral angle of 110 degrees formed by two vertical planes, of which one is parallel to the plane of symmetry and directed dead ahead, and the other is directed to the left; and

(iv) at the rear, a while light fixed so as to show astern an unbroken light visible at a distance of at least three miles in a dihedral angle of 140 degrees formed by two vertical planes and bisected by the plane of symmetry.

(b)Where, in order to comply with the last preceding paragraph, a single light has to be replaced by several lights, the field of visibility of each of those lights shall be so limited that only one can be seen at a time.

(12.) (a) An airship which is under way and which is not under control, or which has voluntarily stopped its engines, or which, is being towed, shall display the following lights:—

(i) the forward and rear lights required by sub-paragraphs (i) and (iv) of paragraph (a) of the last preceding sub-regulation;

(ii) in addition, below the airship, two red lights, one placed vertically below the other 12 feet apart, the upper light being 25 feet below the control car, and both being visible so far as practicable in all directions at a distance of not less than two miles; and

(iii) in addition, if making way but not otherwise, the side lights required by sub-paragraph (ii) and (iii) of paragraph (a) of the last preceding sub-regulation.

(b)By day, an airship in the circumstances mentioned in the last preceding paragraph shall display two black balloons or shapes, each at least two feet in diameter, one placed vertically below the other 12 feet apart, and both being visible so far as practicable in all directions. Where necessary, the group of two black balloons or shapes may be duplicated.

(13.) (a) An airship when moored to a mooring mast shall display at or near the rear a white light visible, so far as practicable, in all directions at a distance of at least three miles.

(b)An airship, when moored to the ground or the surface of the water by a cable, shall display, forward, the white light required by sub-paragraph (i) of paragraph (a) of sub-regulation (11.) of this regulation and at the rear, the white light required by sub-paragraph (iv) of paragraph (a)of sub-regulation (11.) of this regulation and in addition the airship and its mooring cable shall be lighted or marked in accordance with such of the provisions of sub-regulation (10.) of this regulation as are applicable to a captive balloon; and

(c) An airship while picking up its moorings shall be considered as being under way and not being under control until it is finally made fast.

Special Rules for Air Traffic on and in the vicinity of Civil Aerodromes open to Public use.

694.—(1.) If an aeroplane starting from or about to land at a civil aerodrome makes a circuit or partial circuit, the turning must be made clear of the landing area and must be left-handed (anti-clockwise) so that during the circuit the landing area shall always be on its left.

(2.) Subject to the provisions of any special regulations in force with respect to any particular aerodrome, an aeroplane shall not fly over the landing area of an aerodrome at a lower height than 6,000 feet, except when departing therefrom or landing thereat.

(3.) Every aeroplane flying outside the landing area of an aerodrome at a distance of less than three miles from the nearest point of that area shall, unless it is flying at a greater height than 6,000 feet, keep the landing area on its left.

(4.) Acrobatic landings are prohibited at civil aerodromes. Aircraft are prohibited from engaging in aerobatics in the vicinity of civil aerodromes at a distance of less than three miles from the nearest point of the perimeter of the aerodrome unless they are flying at a greater height than 6,000 feet.

(5.) Every aeroplane when taking off from or alighting on a civil aerodrome shall do so up-wind, except when the natural conditions of the aerodrome do not permit or in the event of there being no wind. In the latter case, every aircraft when taking off or landing, shall do so in the direction indicated by an appropriate signal; or, if there is a landing T, in the direction indicated by this landing T.

(6.) When two aeroplanes are approaching civil aerodromes for the purpose of landing, the aeroplane flying at the greater height shall be responsible for avoiding the aeroplane, at the lower height, and shall, as regards landing, observe the provisions of sub-regulation (7.) of regulation 692 for passing.

(7.) Aircraft about to land on a civil aerodrome shall be given free way.

(8.) Every aeroplane when landing or taking off, shall do so in conformity with the provisions of sub-regulation (5.) of this regulation and shall leave clear on its left any aeroplane which has already landed or which is at rest on the ground.

(9.) Every aeroplane moving on the ground in the landing area shall do so in the direction of landing;

Provided that on civil aerodromes approved by the Minister aeroplanes moving on the ground may be authorized to cross the landing area subject to conditions laid down by the Minister.

(10.) At a civil aerodrome where the landing area is virtually divided into two approximately equal zones by a vertical plane bearing in the direction of landing defined in sub-regulation (5.) of this regulation, for an observer facing in the direction of landing, the zone on the right shall be reserved for landings and the zone on the left for departures.

(11.) Aircraft when landing shall do so in conformity with sub-regulation (5.) of this regulation, in the left part of the zone reserved for that purpose, but leaving clear on its left any other aircraft which has already landed.

(12.) Aircraft when taking off shall do so, in conformity with sub-regulation (5.) of this regulation, in the left part of the zone reserved for that purpose, but leaving clear on its left any other aircraft which are at rest on the ground.

(13.) A fixed balloon, kite or moored airship shall not be elevated in the vicinity of any civil aerodrome without a special authorization, except as provided in sub-regulation (5.) of regulation 695.

(14.) The Minister may by order published in the Gazette temporarily suspend the application of all or any of the provisions of this regulation with reference to any aerodrome in the Commonwealth or a Territory which is open to public use.

(15.) In conforming with the provisions of this regulation—

(a) due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from such provisions necessary in order to avoid immediate danger; and

(b) in particular it shall be borne in mind that steam vessels in narrow channels are not able to manœuvre so as to avoid collision with aircraft.

Standard Signals for Flying Control —Civil Aerodromes.

695. (1.) (a) Anaircraft wishing to land at night, without being compelled to do so, on a civil aerodrome having a ground control shall, before landing, make intermittent signals either with a lamp or a projector other than the navigation lights, or with any sound apparatus. In addition, it shall make by international Morse code by means of sound or luminous signals, the two-letter groups composed of the first letter and the last letter of the five-letter group constituting its nationality and registration marks.

(b)Permission to land, will be given by the same two-letter sign from the ground, made with a green light and followed by intermittent signals of the same colour.

(2.) The firing of a red pyrotechnical light or the display of a red flare from the ground shall be taken as an instruction that aircraft are not to land.

(3.) An aircraft, compelled to land at night, shall, before landing, make with its navigation lights, a series of short intermittent flashes.

(4.) To require an aircraft to land, the following signals shall be used:—

(a)by day: three projectiles discharged at intervals of ten seconds each, showing on bursting, black or yellow smoke;

(b) by night: three projectiles discharged at intervals of ten seconds each, showing, on bursting, green lights or stars;

(c) in addition, when necessary to prevent the landing of air-craft other than the one ordered, a searchlight which shall be flashed intermittently shall be directed towards the aircraft whose landing is required.

(5.) In the event of fog or mist rendering aerodromes invisible, their presence may be indicated by a balloon acting as an air buoy and/or other approved means.

When an Aircraft is in Distress.

(6.) When an aircraft is threatened by grave and imminent danger and requires immediate, assistance, the following shall be the signals of distress to be used or displayed either together or separately: —

(a) the international signal (SOS), by means of visual or wireless telegraphy, or in the case of radio telephony, the spoken word “MAY-DAY”;

(b) the international distress call “MAY-DAY” (corresponding to the French pronunciation of the expression “m’aider”) by means of radio telephony;

(c) the international code flag signal of distress, indicated by NC;

(d) the distant signal, consisting of a square flag having either above or below it a ball or anything resembling a ball;

(e) a continuous sounding with any sound apparatus; or

(f) a signal, consisting of a succession of white pyrotechnical lights, fired at short intervals.

(7.) (a) Where an aircraft has a message, to send stating that it is in difficulties and about to land compulsorily, but does not require immediate assistance, it shall preface its call sign with several repetitions of the urgency signal PAN;

(b)where the signal PAN is received from an aircraft without any message following, it, shall signify that the, aircraft has been compelled to land and is unable to transmit its intended, message owing to the rapidity of the landing, but does not require immediate assistance; and

(c)where the signal PAN is sent by radio-telegraphy, the three letters shall be well separated so that the signals AN are not transformed into one signal P.

(8.) Where an aircraft has a very urgent message to send concerning the safety of the aircraft, or of any person on board, or of any ship, aircraft, vehicle or person within sight, it shall, for the purpose of indicating the urgency of the message, preface its call sign with several repetitions of the group XXX., the, letters of each group being clearly separated from the letters of the successive group.

(9.) Neither the signal PAN nor the signal XXX may be transmitted except with the authority of the commander or person responsible for the aircraft.

(10.) Where an aircraft has a message to send concerning the safety of navigation or containing important information relative to meteorological warning messages, it shall preface its call sign by the safety signal, consisting of the group TTT (transmitted with the letters well separated) followed by the word DE.

To warn an Aircraft that it is in the vicinity of a Prohibited Area.

(11.) To warn an aircraft that it is in the vicinity of a prohibited area and should change its course, the following signals shall be used:—

(a)by day: three, projectiles discharged at intervals of ten seconds each, showing, on bursting, white, smoke, the location of the burst indicating the direction the aircraft should follow; and

(b)by night: three projectiles discharged at intervals of ten seconds each, showing, on bursting, white lights or stars, the location of the burst indicating the direction the aircraft should follow.

When an Aircraft is Moored or Stationary on the Water.

(12.) In fog, mist, falling snow or heavy rainstorm, whether by day or night, an aircraft on the water shall make the following sound signals:—

(a)if not anchored or moored, a sound at intervals of not more than two minutes, consisting of two blasts of about five seconds’ duration with an interval of about one second between them;

(b) if at anchor or moored, the rapid ringing of an efficient bell or gong for about five seconds at intervals of not more than one minute.

Aircraft manoeuvring on the Water.

696. Every aircraft manoeuvring under its own power on the water shall conform to the Regulations for Preventing Collisions at Sea, and for the purpose of this regulation shall be deemed to be a steam vessel, but shall carry the lights specified in regulation 693 and in addition, forward a white light visible in a dihedral angle of 220 degrees bisected by a vertical plane through the line of flight and visible at a distance of at least five miles. It shall not carry the lights specified for a steam-vessel in the Regulations for Preventing Collisions at Sea, and shall not use, except as specified in sub-regulations (6.) and (12.) of regulation 695, or be deemed to hear the sound signals specified in those regulations.

Part XV.—Conduct Sheets.

Conduct sheets to be kept.

697. (1.) Conduct sheets for airmen shall be kept as follows: —

(a) a service conduct sheet for every airman; and

(b) a general conduct sheet for every airman below the rank of warrant officer.

(2.) The commanding officer of the unit will be responsible for the custody and upkeep of the prescribed conduct sheets.

Service Conduct Sheets.

698. (1.) Entries shall be made on an airman’s service conduct sheet in accordance with this regulation.

(2.) Every conviction by court-martial shall be entered whether the sentence is wholly remitted or not; but no entry shall be made of any charge upon which a finding of “not guilty” has been recorded. Entries shall be made as follows:—

(a) the statement of the charge shall be entered;

(b)the original sentence, together with any alteration, revision or variation by the confirming officer, shall be recorded in the column “Punishment awarded.” Any remission, mitigation, or commutation subsequent to confirmation, with the date of the order and the name of the officer making it, shall be recorded in the column for remarks. The date of the original sentence shall be recorded in the column “Date of award” with the word “Confirmed” and the date of confirmation immediately below it;

(c) a finding of guilty need not be entered, but where the accused is found guilty of a cognate charge and the finding has been altered on revision, such, alteration shall be recorded in the column “Punishment awarded”; and

(d)when the record of a court-martial is ordered to be removed, the entry of the conviction shall be obliterated and the authority for the removal of the record shall be entered in the conduct sheet.

(3.) Every case of desertion or fraudulent enlistment in which trial has been dispensed with shall be entered, the authority and the date of the order being quoted.

(4.) Subject to the provisions of paragraphs (a), (b) and (c) of this sub-regulation as follow an entry shall be made for every case in which an airman has, by a court of criminal jurisdiction or by a court of summary jurisdiction, been convicted or bound over to appear for conviction or judgment, or in which the case has been dismissed, but the airman order to pay costs:—

(a)when the sentence of a court of summary jurisdiction, for an offence other than drunkenness is a fine, and the offender has not undergone imprisonment in default of payment, or the airman has been bound over or the charge dismissed with costs against the airman, the commanding officer may, at his discretion, decide that an entry shall not be made;

(b)offences committed prior to enlistment and dealt with by the civil power (whether before or after enlistment) shall not be entered, or given in evidence against an airman on a trial by court-martial. Offences committed in civil life, while in a state of desertion, shall be entered and given in evidence before a court-martial as previous convictions; and

(c) certified copies of all convictions by the civil power or orders of the court as to binding over, or the payment of costs shall be annexed to the airman’s service conduct sheet. When imprisonment exceeding seven days is awarded for any such conviction, the certified record shall be produced in evidence in the same manner as a former conviction by court-martial. When the award does not exceed imprisonment for seven days, the conviction shall be treated as an ordinary entry in the service conduct sheet.

(5.) An entry shall be made in respect of every instance of drunkenness as provided by sub-regulation (3.) of regulation 699. In the circumstances referred to in sub-regulation (7.) of regulation 218 when a charge of simple drunkenness is not preferred before a court-martial, the commanding officer shall make an entry of the offence and his award, or make the following note in the column “Punishment awarded”:“—Nopunishment; awaiting trial on another charge.” If a court-martial entry is subsequently made, the above entry shall be bracketed with it, and shall not be considered a separate entry.

(6.) An entry shall also be made in the following cases:—

(a) every severe reprimand of a non-commissioned officer;

(b)every reduction of a non-commissioned officer to a lower grade, or to the ranks, or reversion of an acting non-commissioned officer for an offence, but not for inefficiency;

(c) every award of detention by the commanding officer;

(d)every award of field punishment by the commanding officer (on active service only);

(e) every award by a commanding officer of forfeiture of pay;

(f) for airmen below the rank of non-commissioned officer confinement to barracks or camp for any period exceeding seven days;

(g) every offence entailing forfeiture of pay and allowances under regulation 162 except—

(i) where the offence is absence without leave not exceeding two days;

(ii) when the forfeiture is in consequence of a civil conviction for which a fine has been awarded and an officer of air rank has ordered that an entry shall not be made; and

(iii) when the offence was committed before enlistment;

(h)every case of admission to a hospital on account of alcoholism duly certified by a medical officer, whether it has been dealt with as an offence or not, shall be entered in red ink, unless the airman has been tried on a charge based upon the same facts and acquitted;

(i) any special act of gallantry or distinguished conduct by the airman which has been brought to notice in Head-Quarters Routine Orders, or in despatches, either on active service or directly in the course of duly: these entries shall be made in red ink right across the sheet;

(j) for a warrant officer, a summary punishment under regulation 237; and

(k) every case in which the airman, under the supervision of the regulated medical authority, volunteers and acts as a donor in connexion with transfusion of blood, or volunteers for and undergoes an operation for skin grafting: these entries shall be made in red ink right across the sheet.

(7.) The award by a commanding officer of a deduction from pay under regulation 228, 229, 236, 237, or 238, shall not by itself be entered in the airman’s service conduct sheet:

Provided that if such a deduction is awarded conjointly with a summary or minor punishment which itself entails a service entry, the deduction shall also be shown in the punishment column.

(8.) When an airman is posted from a unit the commanding officer or the adjutant shall add the certificate “Certified no entry” or “Certified no further entries” on the next clear line of the service conduct sheet.

General conduct sheets.

699. (1.) The commanding officer of a unit is responsible that every award of punishment, except as provided in sub-regulation (2.) of this regulation, is entered on the general conduct sheet of the airman concerned.

(2.) The following offences shall not be entered:—

(a) offences exempt from entry on the service conduct sheet under sub-regulations (4.) and (5.) of regulation 698;

(b)offences (other than drunkenness or those involving forfeiture of pay and allowances) for which, confinement to barracks or camp for one day or one extra guard or picquet has been awarded; and

(c) offences (other than drunkenness or those involving forfeiture of pay and allowances) for which admonition has been awarded.

(3.) Every act of drunkenness committed by an airman shall be entered in black ink, and numbered consecutively in red ink in the column provided for that purpose, the word “drunk” being underlined in red.

(4.) Every case of admission to hospital on account of alcoholism duly certified by a medical officer, whether it has been dealt with as an offence or not, shall be entered in red ink, unless the airman has been tried on a charge based upon the same facts, and acquitted.

(5.) A general conduct sheet, if containing any entries shall be destroyed and a blank one substituted in the following circumstances:—

(a) on completion of six months from the date of attestation;

(b)after every period of two years (reckoned from the day following the expiration of the last punishment awarded) during which the airman has not incurred an entry therein; and

(c) on attaining the substantive rank of sergeant.

(6.) When a new sheet is taken into use, an entry signed by the commanding officer shall be made at the top of the sheet—”Sheet destroyed:—(date); date of last entry:—(that is, the date of expiration of punishment awarded): Number of cases of drunkenness; date of last instance of drunkenness”.

(7.) When an airman is posted from a unit the commanding officer or the adjutant shall add the certificate “Certified no entry” or “Certified no further entries” on the next clear line of the general conduct sheet.

Entries in Conduct Sheets to be attested

700. Every entry on an airman’s conduct sheet shall be initialled by the commanding officer, or by an officer deputed by the commanding officer, in the column for remarks. The signature in full shall be appended to court-martial entries. All entries in the service and general conduct sheets shall be compared once a month by the adjutant with the awards recorded in the guard reports and charge sheets.

Conduct Sheets lost.

701. If a conduct sheet is lost, the commanding officer shall assemble a court of inquiry or appoint an officer to investigate the circumstances and obtain evidence as to the entries in the lost sheet. The commanding officer shall then cause a new sheet to be drawn up and substituted for the lost sheet, an entry in red ink “Substituted for original lost” with date and signature of the commanding officer being made in front of “number of sheet”.”

___________________

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0