Air Navigation Regulations (Amendment) (Cth)
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1971.*
I,
THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive
Council, hereby make the following Regulations under the
Dated this twentieth day of September, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
C. K. JONES
Minister of State for Civil Aviation.
—————
Amendments of the AIR Navigation Regulations
“ Division 3.—Visual Flight Signals between State Aircraft and other Aircraft in Flight (Regulation 175).”.
(a) by omitting the definition of “ aerodrome ” in sub-regulation (1) and substituting the following definition:—
“ ‘ aerodrome ’ means an area of land or water (including any buildings, installations and equipment)—
(a) established as an aerodrome under Part IX; or
(b) the use of which as an aerodrome is authorized—
(i) by a licence granted under regulation 84; or
(ii) by the Director-General under regulation 85,
being such an area intended for use either wholly or in part for the arrival, departure or movement of aircraft;”;
(b) by omitting from sub-regulation (1) the definitions of “ air traffic control clearance ” and “ air traffic control instructions ” and substituting the following definitions:—
“ ‘ air traffic control clearance ’ means an authorization given by a person performing duty in Air Traffic Control for an aircraft to proceed under conditions specified in the authorization;
*
Notified in the
Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948. No. 69; 1949, Nos. 6 and 70; 1950, No. 69; 1952, Nos. 30, 46 and 87; 1953, No. 44; 1954, Nos. 26, 32 and 119; 1955, No. 29; 1956, No. 16; 1937, No. 12; 1958, No. 77; 1960, Nos. 21, 96 and 99; 1961, No. 102; 1964, Nos. 61 and 128; 1965, No. 33; 1966, No. 5; 1967, No. 65; 1969, No. 4; 1970, Nos. 21 and 214; 1971, No. 31; and 1972 No. 166.
‘ air traffic control instructions ’ means directions given by a person performing duty in Air Traffic Control for an aircraft to conduct its flight in the manner specified in the directions;”;
(c) by inserting in sub-regulation (1) after the definition of “ approved,” the following definition:—
“ ‘ apron ’ means that part of an aerodrome to be used—
(a) for the purpose of enabling passengers to board, or disembark from, aircraft;
(b) for loading cargo on to, or unloading cargo from, aircraft; or
(c) for refuelling, parking or carrying out maintenance on aircraft;”;
(d) by omitting from sub-regulation (1) the definition of “ forecast ”;
(e) by omitting from sub-regulation (1) the definition of “ ground visibility ”;
(f) by omitting from sub-regulation (1) the definition of “ manoeuvring area ” and substituting the following definition:—
“ ‘ manoeuvring area ’ means that part of an aerodrome to be used for the take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing, excluding aprons;”;
(g) by omitting from sub-regulation (1) the definition of “ movement area ” and substituting the following definition:—
“ ‘ movement area ’ means that part of an aerodrome to be used for the surface movement of aircraft, including manoeuvring areas and aprons;”; and
(h) by omitting from sub-regulation (1) the definition of “ the Director-General ” and substituting the following definition:—
“ ‘ the Director of Meteorology ’ means the Director of Meteorology under the
Meteorology Act 1955;”.
“ (aa) if he has—
(i) completed the period of flying referred to in the last preceding paragraph;
(ii) applied for a student pilot licence; and
(iii) complied with the provisions of sub-regulation (1) of regulation 57 of these Regulations,
fly, for the purpose of undergoing flight instruction by the holder of a valid flight instructor rating, an aerial work aircraft for a period not exceeding nine hours, if accompanied by the flight instructor;”.
“ (1) An aircraft shall not land at, or take-off from, any place unless—
(a) the place is an aerodrome established under this Part;
(b) the use of the place as an aerodrome is authorized by a licence granted under regulation 84;
(c) the use of the place as an aerodrome is authorized by the Director-General under regulation 85 and—
(i) the aircraft is of a type of aircraft authorized under that regulation to land and take-off from the place;
(ii) the aircraft is engaged in operations included in a class of operations specified by the Director-General in the instrument of authorization under that regulation that relates to the place; and
(iii) any conditions specified in that instrument of authorization are complied with; or
(d) the place is an aerodrome in respect of which an arrangement under section 18 of the Act is in force and the use of the aerodrome by aircraft engaged in civil air navigation is authorized by the Director-General under that section.”.
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:—
“ (1) In this regulation, ‘ aerodrome ’ means—
(a) an aerodrome established under this Part;
(b) a place the use of which as an aerodrome is authorized—
(i) by a licence granted under regulation 84; or
(ii) by the Director-General under regulation 85; or
(c) an aerodrome in respect of which an arrangement under section 18 of the Act is in force.”.
(b) by omitting from sub-regulation (3) the words “ One hundred pounds ” and substituting the words “ One thousand dollars ”; and
(c) by omitting from sub-regulation (6) the words “ One hundred pounds ” and substituting the words “ One thousand dollars ”.
(a) by omitting paragraph (b) of sub-regulation (2) and substituting the following paragraph:—
“ (b) operate outside a control area as a result of a diversion out of that control area in accordance with Air Traffic Control instructions; or ”; and
(b) by omitting sub-regulation (3) and substituting the following sub-regulation:—
“ (3) If an emergency arises that, in the interests of safety, necessitates a deviation from the requirements of an Air Traffic Control clearance or Air Traffic Control instructions, the pilot in command may make such deviation as is necessary but shall forthwith inform Air Traffic Control of the deviation.”.
(a) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (1) the words “ the appropriate Air Traffic Control unit ” and substituting the words “ Air Traffic Control ”; and
(b) by omitting from sub-regulation (2) the words “ an Air Traffic Control unit ” and inserting in their stead the words “ Air Traffic Control ”.
(a) by omitting from sub-regulation (1) the words “ next succeeding sub-regulation ” and substituting the words “ sub-regulations (2) and (3) ”; and
(b) by adding at the end thereof the following sub-regulation:—
“ (3) The Director-General may, by instrument in writing, specify circumstances in which an aircraft may be operated in the air in closer proximity to another aircraft than 2,000 feet horizontally and 500 feet vertically.”.
“ (2) Except as provided by sub-regulation (3), visibility for take-off and landing shall be determined by Air Traffic Control.
“ (3) At aerodromes where an aerodrome control service is not in operation, the pilot in command is responsible for determining the visibility for take-off and landing.”.
(a) by omitting sub-paragraph (ii) of paragraph (a) and substituting the following sub-paragraph:—
“ (ii) aerial spotting where no remuneration is received by the pilot or the owner of the aircraft or by any person or organization on whose behalf the spotting is conducted;”;
(b) by adding at the end of paragraph (a) the following sub-paragraph:—
“ (iv) aerial photography where no remuneration is received by the pilot or the owner of the aircraft or by any person or organization on whose behalf the photography is conducted.”; and
(c) by adding at the end of paragraph (b) the following sub-paragraph:—
“ (iv) aerial photography other than aerial photography referred to in sub-paragraph (iv) of paragraph (a).”.
“ (2) Where the means of communication between Air Traffic Control and an aircraft under its control is a voice communication channel, the pilot in command and any other pilot for the time being operating the controls of the aircraft shall personally maintain a listening watch on the appropriate radio frequency.”.
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(a) by omitting from sub-regulation (2) the words “ taken or used any sedative, alcoholic or spirituous liquor, narcotic or stimulant drug or preparation ” and substituting the words “ consumed, used, or absorbed any alcoholic liquor, drug, pharmaceutical or medicinal preparation or other substance ”; and
(b) by omitting sub-regulation (3) and substituting the following sub-regulations:—
“ (3) A person shall not act as, or perform any duties or functions preparatory to acting as, a member of the operating crew of an aircraft if he has, during the period of eight hours immediately preceding the departure of the aircraft consumed any alcoholic liquor.
“ (4) A person who is on board an aircraft as a member of the operating crew, or as a person carried in the aircraft for the purpose of acting as a member of the operating crew, shall not consume any alcoholic liquor.
“ (5) A person shall not, while acting in any capacity in Air Traffic Control, be in a state in which, by reason of his having consumed, used, or absorbed any alcoholic liquor, drug, pharmaceutical or medicinal preparation or other substance, his capacity so to act is impaired.
“ (6) A person shall not act in any capacity in Air Traffic Control if he has, during the period of eight hours immediately preceding the commencement of the period of duty in which he so acts, consumed any alcoholic liquor.
“ (7) A person who is on duty in Air Traffic Control shall not consume any alcoholic liquor.”.
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