Air Navigation Regulations (Amendment) (Cth)
Statutory
Rules 1971
No. 31
1.—(1.) Subject to the next succeeding
sub-regulation, these Regulations shall come into operation on the day on which
they are notified in the
(2.) Sub-regulation (2.) of regulation 2, sub-regulation (2.) of regulation 3, regulations 10, 14, 18, 19, 28, 29, 30, 40 and 41, sub-regulation (2.) of regulation 56 and regulation 57 of these Regulations shall come into operation on the first day of September, 1971.
2.—(1.) Regulation 3 of the Air Navigation Regulations is amended—
(
a ) by omitting the words and figures “Regulations 14-20” and inserting in their stead the words and figures “Regulations 14-21”;(
b ) by omitting the words—
“Part VII.—Log Books and Logs (Regulations 71-78a).
Part VIII.—Radio Apparatus (Regulations 79-81).”.
and inserting in their stead the words—
“Part VII.—Personal Log Books and Navigation Logs (Regulations 71-75).
Part VIII.—Radio Systems for use with, or in connexion with, Aircraft (Regulations 76-79).”; and
(
c ) by omitting the words—
“Division 4.—Search and Rescue Service (Regulations 101-103a).”
and inserting in their stead the words—
“Division 4.—Search and Rescue Service (Regulations 101-103a).
Division 5.—Fire Fighting and Rescue Services (Regulations 104-105e).”.
(2.) Regulation 3 of the Air Navigation Regulations is further amended by omitting the words—
“Part IV.—Airworthiness Requirements (Regulations 26-47).
Division 1.—Preliminary (Regulation 26).
Division 2.—Certificates of Type Approval (Regulations 27-29).
Division 3.—Certificate of Airworthiness (Regulations 30-35).
Division 4.—International Operators (Regulations 36-37).
Division 5.—Approved Persons and Aircraft Maintenance Engineers (Regulations 38-43).
Division 6.—Maintenance (Regulations 46-48).”
(
and inserting in their stead the words—
“Part IV.—Airworthiness Requirements (Regulations 26-49k).
Division 1.—Design Standards and Certificates of Type Approval (Regulations 26-28).
Division 2.—Certificates of Airworthiness (Regulations 29-33).
Division 3.—Foreign Operators (Regulation 34).
Division 4.—Certificates of Approval and Aircraft Maintenance Engineer Licences (Regulations 35-38).
Division 5.—Manufacture and Maintenance (Regulations 39-49k).”.
3.—(1.) Regulation 5 of the Air Navigation Regulations is amended—
(
a ) by omitting from sub-regulation (1.) the definition of “authorized” and inserting in its stead the following definitions:—“‘authorized’ means authorized by the Director-General or by a person, or a person included in a class of persons, appointed by the Director-General to give the authority concerned;
‘authorized person’, for the purposes of a provision in which that expression occurs, means—
(
a ) a person appointed under regulation 9 of these Regulations to be an authorized person for the purposes of that first-mentioned provision; or(
b ) a person included in a class of persons appointed under regulation 9 of these Regulations to be authorized persons for the purposes of that first-mentioned provision;”;(
b ) by inserting in sub-regulation (1.), after the definition of “ceiling”, the following definitions:—“‘centre of gravity’, in relation to an aircraft at any time, means the centre of gravity of the aircraft at that time estimated in accordance with the method set out in a direction in force under sub-regulation (1.) of regulation 227 of these Regulations;”;
(
c ) by omitting from sub-regulation (1.) the definition of “cruising level” and inserting in its stead the following definition:—“‘cruising level’, in relation to an aircraft in flight, means the height above ground or water, or above an atmospheric datum, at which the aircraft flies when it is not climbing or descending;”;
(
d ) by omitting from sub-regulation (1.) the definition of “foreign aircraft” and inserting in its stead the following definition:—“‘foreign aircraft’ means an aircraft registered—
(
a ) in a Contracting State or in a foreign country other than a Contracting State; or(
b ) under a joint registration plan or an international registration plan;”;(
e ) by omitting from sub-regulation (1.) the definition of “ground-effect machine” and inserting in its stead the following definition:—“‘gross weight’, in relation to an aircraft at any time, means the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time, estimated in accordance with the method set out in a direction in force under sub-regulation (1.) of regulation 227 of these Regulations;”;
(
f ) by inserting in sub-regulation (1.), after the definition of “helicopter”, the following definition:—“‘holder’, in relation to a licence or a certificate granted or issued under these Regulations, means a person to whom the licence or the certificate has been granted or issued;”;
(
g ) by omitting from sub-regulation (1.) the definition of “International Regulations for Preventing Collisions at Sea” and inserting in its stead the following definitions:—“‘international operating agency’ means an international operating agency referred to in Article 77 of the Convention;
‘international registration plan’ means a plan for the registration by an international organization of aircraft operated, or to be operated, by an international operating agency, being a plan approved by the Council by a determination made in pursuance of Article 77 of the Convention:
‘International Regulations for Preventing Collisions at Sea’ means the rules contained in the Schedule to the Navigation (Collision) Regulations in force under the
Navigation Act 1912-1968;‘joint registration plan’ means a plan for joint registration by Contracting States constituting an international operating agency of aircraft operated, or to be operated, by the agency, being a plan approved by the Council by a determination made in pursuance of Article 77 of the Convention;”;
(
h ) by inserting in sub-regulation (1.), after the definition of “manoeuvring area”, the following definitions:—“‘maximum landing weight’, in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum landing weight;
‘maximum take-off weight’, in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum take-off weight;”;
(
i ) by omitting from sub-regulation (1.) the definition of “night” and inserting in its stead the following definition:—“‘nationality mark’ includes a common mark used instead of a nationality mark under a joint registration plan or an international registration plan;”;
(
j ) by omitting from sub-regulation (1.) the definition of “radio apparatus”;(
k ) by inserting in sub-regulation (1.), after the definition of “restricted area”, the following definition:—“‘rotorcraft’ means a heavier-than-air aircraft supported in flight by the reaction of the air on one or more rotors on substantially vertical axes;”;
(
l ) by inserting in sub-regulation (1.), after the definition of “the Convention”, the following definition:—“‘the Council’ means the Council of the International Civil Aviation Organization;”; and
(
m ) by inserting at the end thereof the following sub-regulation:—“(9.) A provision in these Regulations that requires, prohibits or authorizes the doing by an aircraft or a person of an act or thing at night or by night shall be read as a provision that requires, prohibits or authorizes, as the case may be, the doing by the aircraft or the person of the act or thing when the aircraft or person is at or over a place—
(
a ) if a period has been determined in accordance with regulation 331 of these Regulations in respect of the area in which the place is—at any time in that period; or(
b ) in any other case—at any time after evening civil twilight at that place has ended and before morning civil twilight at that place next commences.”.
(2.) Regulation 5 of the Air Navigation Regulations is further amended—
(
a ) by inserting in sub-regulation (1.), after the definition of “aircraft”, the following definitions:—“‘aircraft component’ means any part or equipment for an aircraft, being a part or equipment that, when fitted to, or provided in, an aircraft, may, if it is not sound or not functioning correctly, affect the safety of the aircraft or cause the aircraft to become a danger to person or property, but does not include a part orequipment of a kind that the Director-General directs shall not be an aircraft component for the purposes of these Regulations;
‘ aircraft maintenance engineer licence’ means an aircraft maintenance engineer licence in force under regulation 36 of these Regulations;
‘aircraft material’ means a material (including a fluid) for use in the manufacture, maintenance, servicing or operation of an aircraft or of an aircraft component, but does not include an aircraft component;”;
(
b ) by inserting in sub-regulation (1.) before the definition of “channel”, the following definitions:—“‘certificate of airworthiness’ means a certificate of airworthiness in force under regulation 29 of these Regulations;
‘certificate of approval’ means a certificate of approval in force under regulation 35 of these Regulations;”;
(
c ) by inserting in sub-regulation (1.), after the definition of “flight crew member”, the following definition:—“‘flight manual’, in relation to an aircraft, means the flight manual for the aircraft approved or issued in accordance with regulation 112a of these Regulations, and includes any alterations made to that flight manual in accordance with that regulation;”;
(
d ) by omitting from sub-regulation (1.) the definition of “maintenance release” and inserting in its stead the following definitions:—“‘maintenance’ means—
(
a ) in relation to an aircraft—(i) the doing of any work (including a modification or repair) on the aircraft that may affect the safety of the aircraft or cause the aircraft to become a danger to person or property; or
(ii) the making of a test or an inspection for the purpose of ascertaining whether the aircraft is in
a fit state for flying; or(
b ) in relation to an aircraft component or aircraft material—(i) the doing of any work (including a modification or repair) on the aircraft component or aircraft material that may affect its soundness or correct functioning; or
(ii) the making of a test or an inspection for the purpose of ascertaining whether the aircraft component or aircraft material is sound or functioning correctly;
‘maintenance documents’, in relation to an aircraft, means any of the following documents:—
(
a ) documents issued by the Director-General for the purposes of the maintenance of the aircraft; and
(b ) documents issued by a person other than the Director-General and approved by the Director-General, or by an authorized person, for use for the purposes of the maintenance of the aircraft;‘maintenance release’ means a maintenance release in force under regulation 48 of these Regulations;
‘major damage’,in relation to an aircraft, means damage of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to person or property;
‘major defect’,in relation to an aircraft, means a defect of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to person or property;”;
(
e ) by inserting in sub-regulation (1.), after the definition of “operator”, the following definition:—“‘permissible unserviceability’, in relation to an aircraft, means a defect in, or damage to, the aircraft of a kind approved by the Director-General under regulation 42 of these Regulations as a permissible unserviceability in relation to the aircraft;”;
(
f ) by inserting in sub-regulation (1.) before the definition of “signal area”, the following definition:—“‘servicing’, in relation to an aircraft, means preparing the aircraft for flight, and includes providing the aircraft with fuel and other fluids that are necessary for its operation, but does not include any work that is maintenance;”; and
(
g ) by omitting from sub-regulation (6.) the words and figures “regulations 14 and 17” and inserting in their stead the words and figures “regulation 14, 17, 29, 30, 32, 43, 49b, 49c or 49k”.
“9.—(1.) The Director-General may, by instrument in writing—
(
a ) appoint a person to be an authorized person for the purposes of a provision of these Regulations in which the expression ‘authorized person’ occurs; or(
b ) appoint persons included in a class of persons to be authorized persons for the purposes of a provision of these Regulations in which the expression ‘authorized person’ occurs.
“(2.) An appointment under the last preceding sub-regulation may be made subject to such conditions as are specified in the instrument of appointment.”.
“20. An aircraft shall not be registered under these Regulations if it is a foreign aircraft.
“21.—(1.) Where an aircraft is registered under these Regulations, it has Australian nationality.
“(2.) Where an aircraft is registered in a Contracting State, it has the nationality of the Contracting State.
“(3.) Where an aircraft is registered under a joint registration plan or an international registration plan, it shall, to the extent set out in the Resolution on Nationality and Registration of Aircraft Operated by International Operating Agencies adopted by the Council on the fourteenth day of December, 1967, be deemed to have the nationality of each of the Contracting States that constitute the international operating agency by which the aircraft is operated.”.
“22.—(1.) An Australian aircraft shall bear—
(
a ) as a nationality mark, the symbol ‘VH-’; and(
b ) as a registration mark, a group of three letters assigned to the aircraft by the Director-General.
“(2.) An Australian aircraft shall carry, secured to the aircraft in a permanent position near the main entrance, a plate of fireproof metal or other fireproof material of suitable physical properties inscribed with the nationality mark and registration mark of the aircraft and with such other details as the Director-General requires to give effect to the Convention.
“(3.) The nationality mark and the registration mark of an Australian aircraft—
(
a ) shall be affixed on the aircraft by painting or by any other means that ensures a similar degree of permanency; and(
b ) shall be clean and visible at all times.”.
(
a ) by inserting in sub-regulation (1.), before the word “aircraft”, the word “Australian”;(
b ) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—“(4.) The marks of a heavier-than-air aircraft—
(
(
b ) shall also appear either on the fuselage, or equivalent structure, of the aircraft or on the vertical tail surfaces of the aircraft.”; and
(
c ) by omitting sub-regulation (7.) and inserting in its stead the following sub-regulations:—“(7.) The marks on the fuselage, or equivalent structure, of a heavier-than-air aircraft shall be on each side of the fuselage or equivalent structure between the wings and the tail surfaces.
“(8.) The marks on the vertical tail surfaces of a heavier-than-air aircraft shall be—
(
a ) where the tail structure of the aircraft includes a single vertical surface only—on each side of that surface; or(
b ) where the tail structure of the aircraft includes multi-vertical surfaces—on each of the outboard sides of the outer vertical surfaces of the tail structure.”.
(
a ) by omitting from paragraph (c ) of sub-regulation (1.) the words “equal to half” and inserting in their stead the words “of not less than one-quarter of”;(
b ) by omitting from paragraph (f ) of sub-regulation (1.) the word “thirty” and inserting in its stead the word “twenty”; and(
c ) by inserting in sub-paragraph (ii) of paragraph (g ) of sub-regulation (1.), after the word “surface” (first occurring), the words “shall be as nearly as possible parallel to the longitudinal axis of the aircraft and”.
(
a ) by inserting in sub-regulation (1.), before the word “aircraft”, the word “Australian”; and(
b ) by omitting from sub-regulation (2.) the words “an aircraft” (wherever occurring) and inserting in their stead the words “an Australian aircraft”.
“Part IV.—Airworthiness Requirements.
“
Division 1.—Design Standards and Certificates of Type Approval.
“26.—(1.) The Director-General may issue a design standard in respect of a type of aircraft or aircraft component, and shall do so if—
(
a ) a person applies under the next succeeding regulation for approval of the drawings and specifications of a type of aircraft or aircraft component; or(
b ) a person applies under regulation 40 or 41 of these Regulations for the giving of an approval relating to a type of aircraft or aircraft component,
in respect of which an appropriate design standard is not in force under this regulation.
“(2.) The design standard shall set out the specifications with which the Director-General considers an aircraft or aircraft component of the type to which the design standard relates should conform if the aircraft or any aircraft in which the aircraft component is fitted is to be capable of being flown with safety in normal operations in accordance with these Regulations.
“27.—(1.) A person may apply to the Director-General for a certificate of type approval in respect of a type of aircraft or aircraft component.
“(2.) If an applicant under the last preceding sub-regulation—
(
a ) furnishes to the Director-General the drawings and specifications of the type of aircraft or aircraft component to which the application relates and such other documents or other evidence as the Director-General requires relating to the suitability for aeronautical purposes of an aircraft or aircraft component of that type; and(
b ) satisfies the Director-General that an aircraft or aircraft component of that type—(i) conforms with any design standard in force under the last preceding regulation in respect of that type; and
(ii) is suitable for aeronautical purposes,
the Director-General shall—
(
c ) if the drawings and specifications of the type of aircraft or aircraft component furnished to the Director-General have not been marked as having been approved by an authorized person—approve those drawings and specifications and mark them as having been approved by the Director-General; and(
d ) issue to the applicant a certificate of type approval for the type of aircraft or aircraft component.
“(3.) The Director-General may, from time to time, direct the holder of a certificate of type approval, by notice in writing served on him, to furnish to the Director-General such documents or other evidence as the Director-General requires relating to the suitability for aeronautical purposes of aircraft or aircraft components of the type to which the certificate relates.
“(4.) If—
(
a ) the holder of a certificate of type approval fails to comply with a requirement made on him under the last preceding sub-regulation; or(
b ) the Director-General is satisfied that there is evidence to show that there is a defect in the design of aircraft or aircraft components of the type to which a certificate of type approval relates that is of such a kind as to affect the safety of aircraft of that type or of aircraft in which are fitted aircraft components of that type, or to make such aircraft a danger to person or property,
the Director-General may, by notice in writing to the holder, suspend or cancel the certificate of type approval.
“28. The Director-General may notify in Air Navigation Orders that, before a certificate of airworthiness is issued in respect of an aircraft of a type specified in the notice or in respect of an aircraft in which is fitted an aircraft component of a type specified in the notice, a certificate of type approval issued under thelast preceding regulation in respect of the type of aircraft or aircraft component, as the case may be, will be required to be in force.
“
“29.—(1.) The owner or operator of, or any other person having an interest in, an Australian aircraft may apply to the Director-General or an authorized person for the issue or renewal of a certificate of airworthiness in respect of the aircraft or for the validation of a certificate of airworthiness issued by the appropriate authority of a Contracting State in respect of the aircraft.
“(2.) If an applicant under the last preceding sub-regulation—
(
a ) furnishes to the Director-General or the authorized person such documents or other evidence as the Director-General or the authorized person requires relating to the fitness for flying of the aircraft to which the application relates;(
b ) satisfies the Director-General or the authorized person that—(i) the aircraft was manufactured by the holder of a certificate of approval with respect to that manufacture;
(ii) approval for the manufacture of the aircraft was given by the Director-General and the aircraft was manufactured in accordance with that approval; or
(iii) there has been issued by the appropriate authority of the country from which the aircraft has been exported to Australia a certificate with respect to the airworthiness of the aircraft that is acceptable to the Director-General;
(
c ) satisfies the Director-General or the authorized person that the aircraft, when operated in accordance with the requirements specified in the flight manual for the aircraft, conforms to—(i) where there is a certificate of type approval in force in respect of the type of aircraft in which the aircraft is included—the drawings and specifications approved under regulation 27 of these Regulations in respect of that type or, to the extent that those drawings and specifications have been superseded by other drawings and specifications approved under regulation 40 of these Regulations, those other drawings and specifications; or
(ii) in any other case—any design standard in force under regulation 26 of these Regulations, and any drawings and specifications approved by the Director-General, in respect of the type of aircraft in which the aircraft is included;
(
d ) where there is in force under regulation 30 of these Regulations a direction setting out a condition that, if a certificate of airworthiness were issued, renewed or validated in accordance with the application, would apply in relation to the certificate and would require that certain maintenance be carried out before the aircraft was flown—satisfies the Director-General or the authorized person that that maintenance has been certified by a person acceptable to the Director-General to have been carried out and that there is no reason to doubt that that maintenance has been carried out;(
e ) satisfies the Director-General or the authorized person that any maintenance required to be carried out to comply with any requirement imposed under regulation 43 of these Regulations has been certified to have been completed in accordance with a system of certification instituted under regulation 39 of these Regulations and that there is no reason to doubt that that maintenance has been carried out; and(
f ) satisfies the Director-General or the authorized person that the aircraft is fit to fly, having regard to the requirements specified in the flight manual for the aircraft,the Director-General or the authorized person shall, subject to the next succeeding sub-regulation, issue to the applicant a certificate of airworthiness or renew the certificate of airworthiness of the aircraft or validate the certificate of airworthiness of the aircraft issued by the appropriate authority of a Contracting State, as the case may be.
“(3.) Where an aircraft is included in a type of aircraft, or is fitted with an aircraft component included in a type of aircraft component, specified in Air Navigation Orders under the last preceding regulation, the Director-General or an authorized person shall not issue a certificate of airworthiness in respect of the aircraft unless there is in force a certificate of type approval in respect of the type of aircraft or aircraft component, as the case may be.
“(4.) The Director-General may specify in a certificate of airworthiness granted under this regulation the period during which the certificate is to remain in force.
“30.—(1.) The Director-General may, for the purpose of ensuring the safety of air navigation—
(
a ) include in a certificate of airworthiness in respect of an aircraft issued, renewed or validated under the last preceding regulation, a statement that the certificate is issued, renewed or validated subject to a condition set out in the statement, in a specified section of Air Navigation Orders or in the flight manual for the aircraft; or(
b ) give a direction that a condition set out in the direction applies in relation to—(i) every certificate of airworthiness in force on or after the date of the direction;
(ii) every certificate of airworthiness in respect of an aircraft of a kind specified in the direction in force on or after the date of the direction; or
(iii) the certificate of airworthiness in respect of a specified aircraft.
“(2.) A direction given under paragraph (
b ) of the last preceding sub-regulation docs not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.“(3.) The Director-General may, from time to time, direct the owner or operator of an aircraft in respect of which a certificate of airworthiness is in force to furnish to the Director-General such documents or other evidence as the Director-General requires relating to the airworthiness of the aircraft.
“31.—(1.) Where the Director-General has reasonable grounds to believe that the safety of an Australian aircraft or of Australian aircraft included in a type of aircraft is in doubt, he may suspend the certificate of airworthiness of the aircraft or of each Australian aircraft included in the type of aircraft, as the case may be, for such period as he considers necessary to resolve the doubt.
“(2.) Where the Director-General is satisfied that it is not safe to fly an Australian aircraft or Australian aircraft included in a type of aircraft, he may suspend or cancel the certificate of airworthiness of the aircraft or of each Australian aircraft included in the type of aircraft, as the case may be.
“(3.) Where the Director-General is satisfied, with respect to an Australian aircraft, that a condition set out in, or applying in relation to, the certificate of airworthiness of the aircraft has not been complied with, he may suspend or cancel the certificate of airworthiness.
“(4.) A suspension or cancellation of a certificate of airworthiness of an Australian aircraft under this regulation does not have effect in relation to a person until a notification of the suspension or cancellation has been served by post on the person or the fact of the suspension or cancellation has otherwise been brought to his attention.
“32. Where a direction in respect of a certificate of airworthiness of an aircraft under regulation 30 of these Regulations or a notification of a suspension or cancellation of a certificate of airworthiness of an aircraft under the last preceding regulation has been served by post on the owner or operator of the aircraft, or has otherwise been brought to his attention, the owner or operator shall use his best endeavours to ensure that the direction or the fact that the certificate of airworthiness has been suspended or cancelled, as the case may be, is brought to the attention of any person who is likely to fly, or likely to issue a maintenance release for, the aircraft.
“33.—(1.) Where an aircraft is to be exported from Australia, the Director-General may issue an export certificate of airworthiness, in accordance with such form as he considers appropriate in the circumstances of the case, in respect of the aircraft.
“(2.) An export certificate of airworthiness is not a certificate of airworthiness for the purposes of these Regulations.
“34.—(1.) Where an aircraft possessing the nationality of a Contracting State is in Australian territory and is found to have suffered major damage or to have developed a major defect, the Director-General may direct that the aircraft shall not fly.
“(2.) Where the Director-General gives a direction under this regulation, he shall furnish to the appropriate authority of the Contracting State a notification of the action taken by him and a report of the damage or defect, as the case may be.
“(3.) The Director-General may, unless he considers that it would be detrimental to the safety of air navigation to do so, revoke a direction given under this regulation if the appropriate authority of the Contracting State notifies the Director-General that the appropriate authority—
(
a ) has revoked any suspension of the certificate of airworthiness of the aircraft to which the direction relates that the appropriate authority had imposed;(
b ) considers that the damage or defect by reason of which the direction was given is not of such a nature as to prevent the aircraft from fulfilling the minimum requirements of safety adopted in pursuance of the Convention; or(
c ) considers that, in the circumstances of the case, the aircraft to which the direction relates should be permitted to fly without passengers to a place at which the necessary repairs or modifications can be made.
“(4.) In revoking a direction under this regulation, the Director-General may give a further direction imposing such conditions on the operation of the aircraft as are notified to him by the appropriate authority referred to in the last preceding sub-regulation.
“(5.) A direction given under this regulation does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.
“
“35.—(1.) A person engaged, or intending to engage,
in any stage of design, manufacture, distribution or maintenance of aircraft,
aircraft components or aircraft materials, or in the training of candidates
for, or in the conducting of, the examinations referred to in paragraph (
“(2.) Where an applicant under the last preceding sub-regulation—
(
a ) furnishes to the Director-General such evidence as the Director-General requires—(i) of the qualifications and competence of the applicant or of the qualifications and competence of the employees of the applicant;
(ii) of the facilities at the disposal of the applicant; and
(iii) of the work procedures proposed by the applicant,
to carry out the activities to which the application relates; and
(
b ) satisfies the Director-General that, having regard to the evidence so furnished, the applicant is, or will be, able to carry on the activities to which the application relates in a satisfactory manner,
the Director-General may grant to the applicant a certificate of approval with respect to those activities.
“(3.) The Director-General may, for the purpose of ensuring the safety of air navigation, include in a certificate of approval granted under this regulation an endorsement that the certificate is granted subject to a condition set out in the endorsement, in a document issued with the certificate of approval or in a specified Part or Section of Air Navigation Orders.
“(4.) An authorized person may, at any time, for the purpose of ascertaining whether the activities to which a certificate of approval relates are being carried on in a satisfactory manner—
(
a ) inspect any aircraft, aircraft component or aircraft material;(
b ) inspect any process or systems carried on by, any records maintained by or any documents in the possession of, the holder of the certificate of approval in connexion with the activities to which the certificate of approval relates;(
c ) conduct any tests that the authorized person considers necessary; and(
d ) require the holder of the certificate of approval to furnish to the authorized person such evidence as the authorized person requires—(i) of the qualifications and competence of the holder or of the qualifications and competence of the employees of the holder; or
(ii) of the facilities at the disposal of the holder.
“36.—(1.) The Director-General may, on the application of a qualified person, grant to the qualified person an aircraft maintenance engineer licence.
“(2.) The Director-General may, when granting an aircraft maintenance engineer licence, enter an endorsement on the licence specifying the limits of the work to which the licence relates.
“(3.) The Director-General may, for the purpose of ensuring the safety of air navigation, include in an aircraft maintenance engineer licence an endorsement that the licence is granted subject to a condition set out in the endorsement or in a specified Part or Section of Air Navigation Orders.
“(4.) In this regulation, ‘qualified person’ means a person who—
(
a ) has attained the age of twenty-one years;(
b ) satisfies the Director-General that he possesses such knowledge as the Director-General requires of—(i) the principles of flight of aircraft;
(ii) the assembly, functioning and principles of construction of, and the methods and procedures for the maintenance of, those parts of an aircraft that the Director-General considers relevant having regard to the licence sought; and
(iii) these Regulations and the Air Navigation Orders;
(
c ) satisfies the Director-General that he has had such practical experience of the duties performed by a holder of the licence sought as the Director-General requires;(
d ) satisfies the Director-General that he is not suffering from any disability likely to affect his technical skill or judgment; and(
e ) has passed such examinations as the Director-General requires to be passed by an applicant for the licence sought.
“(5.) Any requirement formulated by the Director-General for the purposes of the last preceding sub-regulation shall be not less than the corresponding minimum requirement adopted in pursuance of the Convention.
“(6.) Where a person satisfies the Director-General that the person—
(
a ) is the holder of a licence equivalent to the licence sought granted by a competent authority in, and in force in accordance with the law of, a country other than Australia;(
b ) has complied with the minimum conditions required under the Convention and with such other requirements as the Director-General specifies; and(
c ) docs not suffer from any disability likely to affect his technical skill or judgment,
the Director-General may, for the purposes of this regulation, treat the person as if he were a qualified person.
“37. The Director-General may specify in a certificate of approval or in an aircraft maintenance engineer licence the period during which the certificate or the licence, as the case may be, is to remain in force.
“38.—(1.) The Director-General may, at any time, require the holder of an aircraft maintenance engineer licence to undergo an examination designed to test his competency as such a holder.
“(2.) An authorized person may, at any time, inspect an aircraft or aircraft component for the purpose of ascertaining the competence and diligence of the holder of an aircraft maintenance engineer licence.
“
“39.—(1.) The Director-General may give a direction to—
(
a ) the holder of a certificate of approval;(
b ) the holder of an aircraft maintenance engineer licence (other than a person acting in the course of his employment with an employer); or(
c ) a person authorized to carry out maintenance of an aircraft, aircraft component or aircraft material,
requiring him to submit to the Director-General a proposed system of certification of the completion of stages of the activities to which his certificate, licence or authority relates, and any other activities to which an aircraft maintenance engineer licence held by an employee relates.
“(2.) Where a person submits a proposed system of certification under the last preceding sub-regulation, the Director-General may approve the proposed system, with or without modifications, and direct the person to institute the system as so approved.
“(3.) The Director-General may give a direction to a person referred to in sub-regulation (1.) of this regulation requiring him, in carrying out any activities to which his certificate, licence or authority relates, and any other activities to which an aircraft maintenance engineer licence held by an employee relates, to institute such system of certification of the completion of stages of those activities as the Director-General specifics in the direction.
“(4.) A direction given under this regulation does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.
“(5.) A person to whom a direction under this regulation has been given shall not fail—
(
a ) to comply with the requirements of a system of certification instituted by him in accordance with the direction, in so far as those requirements apply in relation to him; or(
b ) to take all steps reasonably required to ensure that persons in his employ or working under an arrangement with him comply with the requirements of a system instituted by him in accordance with the direction in so far as those requirements apply in relation to them.
“40.—(1.) A person may apply to the Director-General or an authorized person for approval of the design of a modification or repair of—
(
a ) an aircraft or aircraft included in a type of aircraft; or(
b ) an aircraft component or aircraft components included in a type of aircraft component.
“(2.) Where an applicant under the last preceding sub-regulation—
(
a ) furnishes to the Director-General or the authorized person such evidence relating to the design to which the application relates (including evidence of the effect of the design on the safety of an aircraft) as the Director-General or the authorized person requires; and(
b ) satisfies the Director-General or the authorized person that the design conforms with any relevant design standard in force under regulation 26 of these Regulations in respect of the type of aircraft or aircraft component to which the application relates,
the Director-General or the authorized person shall give approval to the design.
“(3.) The Director-General or an authorized person may, for the purpose of ensuring the safety of air navigation, include in an approval given under this regulation a requirement that a specified thing to be done in accordance with the design is to be done by a specified person or by a person included in a specified class of persons, being an appropriate person for the purposes of regulation 44 of these Regulations or an employee of such an appropriate person.
“41.—(1.) A person may apply to the Director-General or an authorized person for approval of an aircraft component, or of aircraft components included in a type of aircraft component, as a replacement for another aircraft component or aircraft components included in another type of aircraft component.
“(2.) Where an applicant under the last preceding sub-regulation—
(
a ) furnishes to the Director-General or the authorized person such evidence relating to the suitability of an aircraft component to which the application relates for use as a replacement as set out in the application as the Director-General or the authorized person requires; and(
b ) satisfies the Director-General or the authorized person that the design of any such aircraft component conforms with any design standard in force under regulation 26 of these Regulations in respect of any aircraft component for which the first-mentioned aircraft component is intended to be a replacement,
the Director-General or the authorized person shall approve the aircraft component, or aircraft components included in a type of aircraft components, to which the application relates for use as a replacement as set out in the application.
“42.—(1.) The Director-General may, for the purposes of these Regulations, approve a defect in, or damage to, an Australian aircraft, or any aircraft included in a class of aircraft, as a permissible unserviceability in relation to the aircraft or to Australian aircraft included in the class of aircraft, as the case may be.
“(2.) The Director-General may, for the purpose of ensuring the safety of air navigation, direct that the use of an Australian aircraft with a permissible unserviceability is subject to such conditions as are set out in the direction.
“(3.) A direction given under the last preceding sub-regulation does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.
“43.—(1.) The Director-General may, for the purpose of ensuring the safety of air navigation, give directions specifying requirements for the maintenance of Australian aircraft.
“(2.) The Director-General may, for the purpose of ensuring the safety of air navigation, give a direction to the owner or operator of an Australian aircraft requiring him to submit to the Director-General a proposed system of maintenance of the aircraft.
“(3.) Where a person submits a proposed system of maintenance of an aircraft under the last preceding sub-regulation, the Director-General may approve the proposed system, with or without modifications, and direct the person to institute the system as so approved.
“(4.) A person who has been directed under this regulation to institute a system of maintenance of an aircraft—
(
a ) shall prepare a manual setting out the details of the system and shall furnish copies of the manual—(i) to the Director-General;
(ii) to such other persons associated with the maintenance of the aircraft as the Director-General directs; and
(iii) to such persons in the employ of, or working under an arrangement with, the first-mentioned person as he considers necessary to permit the system to be carried out; and
(
b ) shall not fail—(i) to comply with the requirements of the system in so far as those requirements apply in relation to him; or
(ii) to take all steps reasonably required to ensure that persons in his employ or working under an arrangement with him comply with the requirements of the system in so far as those requirements apply in relation to them.
“(5.) A person who has been directed under this regulation to institute a system of maintenance of an aircraft may, at any time, request the Director-General or an authorized person to approve any proposed change in the system, and the Director-General or the authorized person may give his approval accordingly.
“(6.) Where a change in a system of maintenance has been approved under the last preceding sub-regulation, the person who has been directed to institute the system shall ensure that that change is incorporated in all copies of the manual setting out the system that are kept within the person’s organization and that notice of those changes is forwarded to all persons to whom copies of the manual have been furnished in accordance with this regulation.
“(7.) Where a person who has been directed under this regulation to institute a system of maintenance of an aircraft considers that the system is defective or is no longer applicable to the maintenance that he is carrying out on the aircraft, he shall, without delay—
(
a ) request the Director-General or an authorized person to approve any necessary change in the system; or(
b ) report the facts of the situation to the Director-General.
“(8.) A direction given under this regulation may include a requirement that the maintenance specified in the direction is to be performed by a specified person, or by a person included in a specified class of persons, being an appropriate person for the purposes of the next succeeding regulation or an employee of such an appropriate person.
“(9.) Where a direction given under sub-regulation (1.) of this regulation with respect to the maintenance of an aircraft has been served by post on the owner or operator of the aircraft, or has otherwise been brought to his attention, the owner or operator shall use his best endeavours to ensure that the direction is brought to the attention of any person who is likely to fly, or likely to issue a maintenance release for, the aircraft.
“(10.) A direction given under this regulation does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.
“44.—(1.) The owner, operator or pilot in command of an Australian aircraft in Australian territory shall not authorize or permit any maintenance to be carried out on the aircraft except by a person who is, or is employed for that purpose by, an appropriate person in relation to the maintenance.
“(2.) A person shall not carry out maintenance in Australian territory of an Australian aircraft unless he is, or is employed for that purpose by, an appropriate person in relation to the maintenance.
“(3.) An appropriate person shall not carry out a modification or repair in Australian territory of an Australian aircraft unless—
(
a ) the design of the modification or repair has been approved under regulation 40 of these Regulations or has been specified by the Director-General in, or by means of, a direction under regulation 30, 43 or 49 of these Regulations; and(
b ) the modification or repair is carried out in accordance with that design.
“(4.) An appropriate person shall not, in carrying out maintenance in Australian territory of an Australian aircraft, replace one aircraft component with another unless the aircraft component that he installs—
(
a ) is identical with the aircraft component that it replaces; or(
b ) has been approved under regulation 41 of these Regulations as a replacement for the aircraft component that it replaces.
“(5.) Unless the Director-General otherwise approves, an appropriate person shall not, in carrying out maintenance in Australian territory of an Australian aircraft, install or use in the aircraft any aircraft component or aircraft material unless—
(
a ) where the aircraft component or aircraft material has been manufactured or reconditioned by or on behalf of the appropriate person—(i) the work of manufacturing or reconditioning has been certified to have been completed in accordance with a system of certification instituted under regulation 39 of these Regulations;
(ii) where any aircraft component incorporated in the first-mentioned aircraft component was manufactured or reconditioned by or on behalf of the appropriate person—the work of manufacturing or reconditioning has been certified to have been completed in accordance with a system of certification instituted under regulation 39 of these Regulations;
(iii) where any aircraft component incorporated in the first-mentioned aircraft component was supplied to the appropriate person by another person—the aircraft component was so supplied under cover of a document of a kind specified or approved by the Director-General for the purposes of this sub-paragraph; and
(iv) where the reconditioning included a modification or repair—
(a) the design of the modification or repair has been approved under regulation 40 of these Regulations or has been specified by the Director-General in, or by means of, a direction under regulation 30, 43 or 49 of these Regulations; and
(b) the modification or repair has been carried out in accordance with that design; or
(
b ) where the aircraft component or aircraft material has been supplied to the appropriate person by another person—the aircraft component or aircraft material was so supplied under cover of a document of a kind specified or approved by the Director-General for the purposes of this paragraph.
“(6.) Unless the Director-General otherwise approves, an appropriate person shall not, in carrying out maintenance in Australian territory of an Australian aircraft, install or use in the aircraft any aircraft component or aircraft material in respect of which maintenance (other than reconditioning) has been carried out by or on behalf of the appropriate person unless—
(
a ) the maintenance of the aircraft component or aircraft material has been certified to have been completed in accordance with a system of certification instituted under regulation 39 of these Regulations;(
b ) where, in the course of that maintenance, any aircraft component that was manufactured or reconditioned by the appropriate person was incorporated in the first-mentioned aircraft component—the work of manufacturing or reconditioning that aircraft component has been certified to have been completed in accordance with a system of certification instituted under regulation 39 of these Regulations;(
c ) where, in the course of that maintenance, any aircraft component that was supplied to the appropriate person by another person was incorporated in that first-mentioned aircraft component—the aircraft
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component was so supplied under cover of a document of a kind specified or approved by the Director-General for the purposes of this paragraph; and
(
d ) where the maintenance of the aircraft component included a modification or repair—(i) the design of the modification or repair has been approved under regulation 40 of these Regulations or has been specified by the Director-General in, or by means of, a direction under regulation 30, 43 or 49 of these Regulations; and
(ii) the modification or repair has been carried out in accordance with that design.
“(7.) Where an appropriate person has control in Australian territory of an aircraft on which maintenance is being carried out, he shall take adequate steps to ensure that notice that maintenance is being carried out on the aircraft is given to any person likely to wish to fly the aircraft.
“(8.) For the purposes of the last preceding sub-regulation an aircraft on which maintenance (other than approved maintenance to be carried out by the pilot in command of the aircraft) has been commenced shall be deemed to be an aircraft on which maintenance is being carried out until the maintenance has been certified to have been completed in accordance with regulation 39 of these Regulations.
“(9.) In this regulation, ‘appropriate person’, in relation to any maintenance, means—
(
a ) the holder of a certificate of approval covering the maintenance or a person working under an arrangement with such a holder;(
b ) the holder of an aircraft maintenance engineer licence covering the maintenance (other than a person acting in the course of his employment with an employer);(
c ) the holder of an aircraft maintenance engineer licence who has in his employ a person who is the holder of an aircraft maintenance engineer licence covering the maintenance; or(
d ) a person authorized to carry out the maintenance (other than a person acting in the course of his employment with an employer),
being, where the approval or direction with respect to the maintenance includes a requirement that the maintenance is to be carried out by a specified person or by a person included in a specified class of persons, a person who is, or has in his employ, the specified person or a person included in the specified class of persons, as the case may be.
“45.—(1.) Where, in the flight manual or the maintenance documents of an Australian aircraft or in Air Navigation Orders, provision is made for the use for a particular purpose in connexion with the servicing or operation of the aircraft of aircraft material the specification of which is set out or referred to in the flight manual, the maintenance documents or Air Navigation Orders, the owner, operator or pilot in command of the aircraft (whether the aircraft is in Australian territory or not) shall not, unless the Director-General otherwise approves, use, or permit the use of, for that purpose in connexion with the servicing or operation of the aircraft, anything other than aircraft material of that kind.
“(2.) It is a defence if a person charged with an offence under the last preceding sub-regulation proves that the substance used was obtained by the person from another person approved by the Director-General for the purposes of this regulation and that that other person supplied the substance as aircraft material that conformed to the specification set out or referred to in the flight manual or the maintenance documents of the aircraft or in Air Navigation Orders.
“46.—(1.) Unless the Director-General otherwise approves, the owner, operator or pilot in command of an Australian aircraft that is outside Australian territory shall not, in connexion with the maintenance of the aircraft, use, or permit the use of, any aircraft component, aircraft material or other thing if its use would, if the aircraft were in Australian territory, be an offence against these Regulations.
“(2.) The owner, operator or pilot in command of an Australian aircraft that is outside Australian territory shall not authorize or permit any maintenance to be carried out on the aircraft except by—
(
a ) the holder of an aircraft maintenance engineer licence covering that maintenance;(
b ) a person authorized to carry out that maintenance;(
c ) a person who is authorized by the appropriate authority of a Contracting State to carry out on aircraft in that State maintenance of the kind in which that maintenance is included; or(
d ) a person who possesses qualifications that are recognized by the Director-General as sufficient for the purpose of carrying out that maintenance.
“(3.) The owner, operator or pilot in command of an Australian aircraft on which maintenance has been carried out outside Australian territory shall not fly the aircraft, or permit it to be flown, until the completion of the maintenance has been certified in a manner acceptable to the Director-General.
“(4.) The last preceding sub-regulation does not apply in relation to approved maintenance carried out by the pilot in command of the aircraft.
“47. A person shall not make a certification, in accordance with a system of certification instituted under regulation 39 of these Regulations, with respect to the installation or use in an Australian aircraft of an aircraft component or aircraft material unless he considers that the aircraft component or aircraft material, as the case may be, is serviceable.
“48.—(1,) Maintenance releases in respect of Australian aircraft shall be issued only by authorized persons and only in such manner, and in accordance with such form, as the Director-General directs.
“(2.) Where a person appointed as an authorized person for the purposes of this regulation is a body corporate, the Director-General shall specify in the instrument of appointment the condition that any maintenance release issued by the authorized person is to be signed, on behalf of the authorized person, by a specified person or by a person included in a specified class of persons.
“(3.) The Director-General may give a direction with respect to the retention and transfer of maintenance releases and copies of maintenance releases issued under this regulation.
“(4.) The Director-General may give a direction specifying the period, or the maximum period, that a maintenance release of a kind specified in the direction is to be expressed to remain in force.
“(5.) Unless the Director-General otherwise approves, a maintenance release shall not be issued in respect of an aircraft unless there is in force a certificate of airworthiness in respect of the aircraft.
“(6.) A maintenance release shall not be issued in respect of an aircraft unless—
(
a ) all maintenance in respect of the aircraft required to be carried out to comply with any requirement or condition imposed under these Regulations has been certified, in accordance with a system of certification instituted under regulation 39 of these Regulations or in a manner acceptable to the Director-General for the purposes of sub-regulation (3.) of regulation 46 of these Regulations, to have been completed; or(
b ) the aircraft is in a fit condition to be flown—(i) for the purpose of delivery to a person under a contract of sale or with a view to sale;
(ii) for the purpose of a demonstration, experiment or test;
(iii) for the purpose of being flown to a place where a demonstration, experiment or test of the aircraft is to take place;
(iv) for the purpose of being flown to a particular place at which maintenance on the aircraft may be carried out;
(v) for the purpose of assisting in searching for, bringing aid to or rescuing persons in danger on a particular occasion; or
(vi) for the purpose of assisting in dealing with a state of emergency,
and the flight has been permitted under regulation 108a of these Regulations and any direction of, or condition imposed by, the Director-General or an authorized person under that regulation in respect of that flight that is required to be complied with before the issue of the maintenance release has been complied with.
“(7.) For the purposes of paragraph (
“(8.) A maintenance release may bear an endorsement that the release is issued subject to a condition set out in the endorsement, being a condition imposed for the purpose of ensuring the safety of air navigation.
“(9.) Where an aircraft has a permissible unserviceability, a maintenance release issued in respect of the aircraft, or other document approved for use as an alternative to the maintenance release for the purposes of this sub-regulation,
shall bear an endorsement—
(
a ) setting out each permissible unserviceability that exists with respect to the aircraft;(
b ) setting out such of the conditions (if any) with respect to the use of an aircraft with those permissible unserviceabilities set out in any direction given under regulation 42 of these Regulations in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Air Navigation Outers; and
(
c ) stating that the maintenance release is issued subject to those conditions, whether set out in the maintenance release or the other document or otherwise.
“(10.) A person shall not issue a maintenance release in contravention of this regulation.
“(11.) The last preceding sub-regulation does not apply in relation to a person by reason only that he has issued a maintenance release in contravention of a direction given under this regulation unless the direction has been served by post on the person or has otherwise been brought to his attention.
“(12.) A person shall not sign a maintenance release
to be issued by virtue of paragraph (
(
a ) he considers that—(i) the aircraft is in a damaged condition or is defective;
(ii) the damage is major damage or the defect is a major defect, as the case may be; and
(iii) the damage or defect is not a permissible unserviceability;
(
b ) he considers that maintenance carried out on the aircraft may have adversely affected, to such an extent as to affect the safety of the aircraft, the flight characteristics of the aircraft or the operating characteristics of any aircraft component, or of any system of aircraft components, installed in the aircraft; or(
c ) he is aware that certain maintenance that has been carried out on the aircraft has not been certified, in accordance with a system of certification instituted under regulation 39 of these Regulations or in a manner acceptable to the Director-General for the purposes of sub-regulation (3.) of regulation 46 of these Regulations, to have been completed.
“(13.) Paragraph (
“(14.) A direction given under this regulation does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.
“(15.) Where a maintenance release is issued under this regulation, or again commences to be in force by virtue of regulation 49d of these Regulations, in respect of an aircraft, any other maintenance release in force in respect of the aircraft immediately before that issue or that commencement, as the case may be, ceases to be in force.
“49.—(1.) The Director-General may, for the purpose of ensuring the safety of air navigation, give a direction that a condition set out in the direction shall apply in relation to—
(
a ) every maintenance release in force on or after the date of the direction;(
b ) every maintenance release in respect of an aircraft of a kind specified in the direction in force on or after the date of the direction; or(
c ) a maintenance release in respect of a specified aircraft.
“(2.) A direction given under this regulation does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.
“49a.—(1.) Where the Director-General is satisfied that a condition set out in, or applying in relation to, a maintenance release has not been complied with, he may suspend or cancel the maintenance release.
“(2.) A suspension or cancellation of a maintenance release under this regulation does not have effect in relation to a person until a notification of the suspension or cancellation has been served by post on the person or the fact of the suspension or cancellation has otherwise been brought to his attention.
“49b. Where a direction setting out a condition that applies in relation to a maintenance release of an aircraft given under regulation 49 of these Regulations, or a notification of a suspension or cancellation of a maintenance release of an aircraft given under the last preceding regulation, has been served by post on the
owner or operator of the aircraft or has otherwise been brought to his attention, the owner or operator shall use his best endeavours to ensure that the direction or the fact that the maintenance release has been suspended or cancelled, as the case may be, is brought to the attention of any person who is likely to fly, or likely to issue a maintenance release for, the aircraft.
“49c.—(1.) Where the owner, the operator or a flight crew member of, or an authorized person engaged (whether as an employee or on his own behalf) in the maintenance of, an aircraft in respect of which a maintenance release is in force considers—
(
a ) that—(i) a requirement or condition imposed under these Regulations in respect of the maintenance of the aircraft has not been complied with;
(ii) the aircraft has suffered major damage or has developed a major defect, other than damage or a defect that is a permissible unserviceability;
(iii) abnormal flight or ground loads have been imposed on the aircraft;
(iv) the flight characteristics of the aircraft, or the operating characteristics of an aircraft component, or of a system of aircraft components, installed in the aircraft, depart to such an extent as to affect adversely the safety of the aircraft from—
(a) the flight characteristics that are required by any relevant design standard in force in respect of the type of aircraft in which the aircraft is included; or
(b) the operating characteristics that are required by any relevant design standard in force in respect of the type of aircraft component or system of aircraft components in which the aircraft component or system is included,
as the case may be; or
(v) maintenance carried out on the aircraft may have adversely affected, to such an extent as to affect the safety of the aircraft, the flight characteristics of the aircraft or the operating characteristics of any aircraft component, or any system of aircraft components, installed in the aircraft; and
(
b ) that there is a likelihood that the aircraft will be flown before—(i) the requirement or condition referred to in sub-paragraph (i) of the last preceding paragraph has been complied with;
(ii) the damage or defect referred to in sub-paragraph (ii) of the last preceding paragraph has been remedied;
(iii) any damage caused by the imposition of the abnormal loads referred to in sub-paragraph (iii) of the last preceding paragraph has been remedied; or
(iv) the characteristics referred to in sub-paragraph (iv) or (v) of the last preceding paragraph have been corrected,
as the case may be,
he shall enter on the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this sub-regulation, an endorsement signed by him setting out the facts of the situation and stating that the aircraft is unairworthy, and thereupon the maintenance release ceases to be in force.
“(2.) Where the owner, the operator or the pilot in command of, or an authorized person engaged (whether as an employee or on his own behalf) in the maintenance of, an aircraft in respect of which a maintenance release is in force, becomes aware that the certificate of airworthiness in respect of the aircraft has been suspended or cancelled, he shall enter on the maintenance release an endorsement signed by him setting out the facts of the situation and stating that the aircraft is unairworthy, and thereupon the maintenance release ceases to be in force.
“49d.—(1.) Where a maintenance release in respect of an aircraft ceases to be in force by virtue of an endorsement made under sub-regulation (1.) of the last preceding regulation, the maintenance release shall again commence to be in force if—
(
a ) where the endorsement refers to a requirement or condition in respect of the maintenance of the aircraft not having been complied with—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with a system of certification instituted under regulation 39 of these Regulations, that the maintenance to which the requirement or condition relates has been completed;(
b ) where the endorsement refers to the aircraft having suffered major damage or having developed a major defect—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with a system of certification instituted under regulation 39 of these Regulations, that the maintenance required to be carried out to verify the existence of the damage or defect and, if necessary, to remedy the damage or the defect, as the case may be, has been completed;(
c ) where the endorsement refers to the aircraft having had imposed on it abnormal flight or ground loads—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with a system of certification instituted under regulation 39 of these Regulations, that the maintenance required to be carried out to check whether that imposition has caused any damage to the aircraft, and to remedy any damage so caused, has been completed; or(
d ) where the endorsement relates to the flight characteristics of the aircraft or the operating characteristics of an aircraft component, or system of aircraft components, installed in the aircraft—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with a system of certification instituted under regulation 39 of these Regulations, that the maintenance required to be carried out to verify that the flight characteristics or operating characteristics required correction and, if necessary, to correct the flight characteristics or operating characteristics, as the case may be, has been completed.
“(2.) Where a maintenance release in respect of an aircraft ceases to be in force by virtue of an endorsement made under the last preceding regulation, the maintenance release shall again commence to be in force if there is entered on the maintenance release or other document on which the endorsement was made a further endorsement signed by an authorized person cancelling the first-mentioned endorsement.
“(3.) An authorized person shall not make an endorsement under the last preceding sub-regulation unless he is satisfied that there is no reason why the endorsement to be cancelled should continue in force.
“(4.) A maintenance release that has ceased to be in force by virtue of an endorsement made under the last preceding regulation shall not again commence to be in force except by virtue of an endorsement made under this regulation.
“(5.) This regulation does not have effect in relation to a maintenance release issued in respect of an aircraft if—
(
a ) the period during which the maintenance release is expressed to remain in force has expired; or(
b ) a subsequent maintenance release has been issued in respect of the aircraft by virtue of paragraph (a ) of sub-regulation (6.) of regulation 48 of these Regulations.
“49e. Where the owner, the operator or a flight crew member of, or an authorized person engaged (whether as an employee or on his own behalf) in the maintenance of, an aircraft in respect of which a maintenance release is in force considers—
(
a ) that the aircraft has developed a defect, or has suffered damage, that is a permissible unserviceability; and(
b ) that there is a likelihood that the aircraft will be flown before the permissible unserviceability is rectified,
he shall enter on the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this regulation, an endorsement signed by him—
(
c ) setting out each permissible unserviceability that exists with respect to the aircraft;(
d ) setting out such of the conditions (if any) with respect to the use of an aircraft with those permissible unserviceabilities set out in any direction given under regulation 42 of these Regulations in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Air Navigation Orders; and(
e ) stating that the maintenance release has effect subject to those conditions, whether set out in the maintenance release or the other document or otherwise.
“49f. Where the owner, the operator or a flight crew member of an Australian aircraft—
(
a ) becomes aware of the existence of a defect in the aircraft; or(
b ) becomes aware that the aircraft has suffered damage that in the opinion of the owner, the operator or the flight crew member is major damage,
he shall enter on the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this regulation, an endorsement signed by him setting out the particulars of the defect or damage, as the case may be.
“49g.—(1.) Where a person who, in the course of his employment with an employer, is engaged in the maintenance of an Australian aircraft becomes aware of the existence of a defect in the aircraft, the person shall report the defect to his employer.
“(2.) Where a person engaged (other than as an employee) in the maintenance of an Australian aircraft (other than an aircraft owned or operated by him) becomes aware of the existence of a defect in the aircraft, he shall, if he considers that it is a major defect, report the defect to the owner or operator of the aircraft and make a report to the Director-General in the manner specified by the Director-General for the purposes of this sub-regulation.
“(3.) Where the owner or operator of an Australian aircraft becomes aware of the existence of a defect in the aircraft he shall—
(
a ) have an investigation made of the defect; and(
b ) if he considers that it is a major defect—have a report made to the Director-General with respect to the defect and to any matters revealed by the investigation,
in the manner specified by the Director-General for the purposes of this sub-regulation.
“49h.—(1.) Where the holder of a certificate of approval covering the maintenance of aircraft components owned by him becomes aware that an aircraft component owned by him has developed a defect, he shall—
(
a ) have an investigation made of the defect; and(
b ) if he considers that the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property—have a report made to the Director-General with respect to the defect and of any matters revealed by the investigation,
in a manner specified by the Director-General for the purposes of this sub-regulation.
“(2.) Where the holder of a certificate of approval covering the maintenance of aircraft components becomes aware of the existence of a defect in an aircraft component in the maintenance of which he is engaged (other than an aircraft component owned by him), he shall, if he considers that the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property, report the defect to the owner of the aircraft component and make a report to the Director-General in the manner specified by the Director-General for the purposes of this sub-regulation.
“(3.) Where the holder of a licence under Division 1 of Part XIII. of these
Regulations becomes aware of the existence of a defect in an aircraft component owned by him and intended for use in aircraft used in operations under his licence, he shall—
(
a ) have an investigation made of the defect; and(
b ) if he considers that the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property—have a report made to the Director-General with respect to the defect and of any matters revealed by the investigation,
in a manner specified by the Director-General for the purposes of this sub-regulation.
“49j.—(1.) An authorized person may, for the purpose of ensuring the safety of air navigation, conduct an investigation into any matter connected with any defect in an Australian aircraft (including the making of a test of an aircraft or of any aircraft component installed or provided in an aircraft).
“(2.) An investigation under the last preceding sub-regulation may extend to defects generally or may be limited to the investigation of a particular defect or a particular kind of defect.
“(3.) The authorized person may, for the purposes of carrying out the investigation—
(
a ) by order in writing served on a person, require the production to the first-mentioned person of any documents, aircraft components or other things that are in the possession, or under the control, of the person on whom the order is served;(
b ) retain any document, aircraft component or other thing produced during the course of the investigation for such period as is necessary for the purpose of carrying out the investigation; and(
c ) make and retain copies of, or take extracts from, any document so produced.
“(4.) Where the retention of a document, aircraft component or other thing produced for the purposes of an investigation is no longer necessary, the Director-General or the authorized person shall return the document, aircraft component or other thing to the person by whom it was produced.
“49k.—(1.) The Director-General may, for the purpose of ensuring the safety of air navigation, give directions specifying—
(
a ) the records to be kept in relation to—(i) the maintenance done on Australian aircraft (including any aircraft component fitted in an Australian aircraft); and
(ii) the time in service of Australian aircraft and of aircraft components fitted in Australian aircraft;
(
b ) the form of, and the manner of keeping, a record referred to in the last preceding paragraph; and(
c ) the period during which a record kept in compliance with a direction under this regulation is to be retained by the person keeping it, and the circumstances in which the record may, during that period, be transferred to another person.
“(2.) The owner or operator of an aircraft shall take such action as is necessary to ensure that records with respect to the aircraft are kept, retained and transferred in accordance with any direction under this regulation.
“(3.) The Director-General or an authorized person may, at any time, inspect any records kept in compliance with a direction under this regulation, and the person keeping the records shall make them available for that purpose.
“(4.) The Director-General may direct the owner or operator of an aircraft to arrange for copies of the entries made in any record kept in compliance with a direction under this regulation that is carried on the aircraft during a flight to be recorded in a form approved by the Director-General and kept in a safe place on the ground.
“(5.) A direction given under this regulation does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.”.
“(3.) The Director-General may, for the purpose of ensuring the safety of air navigation, include in a licence granted or endorsed under this section an endorsement that the licence is granted or endorsed subject to a condition set out in the endorsement or in a specified Part or Section of Air Navigation Orders.
(
b ) authorize the manufacturer, owner or operator of an aircraft to issue a flight manual for the aircraft and to issue subsequent alterations to that flight manual; or(
c ) prepare and issue a flight manual for an Australian aircraft and any subsequent alterations to that flight manual.
“(2.) A flight manual referred to in the last preceding sub-regulation shall contain information and instructions relating to—
(
a ) the identification of the aircraft;(
b ) unless the Director-General otherwise approves, the operating procedures and the limitations of the aircraft;(
c ) the performance and loading of the aircraft; and(
d ) the date (if any) on which, or the period (if any) after which, the flight manual ceases to have effect.
“(3.) The Director-General may, for the purpose of ensuring the safety of air navigation, direct the owner or operator of an Australian aircraft to make any alteration in the flight manual for the aircraft that is specified in the direction.
“(4.) The pilot in command of an Australian aircraft shall comply with all the requirements, procedures and limitations with respect to the operation of the aircraft set out in the flight manual for the aircraft.
“113.—(1.) Subject to this regulation and to regulation 108a of these Regulations, an Australian aircraft shall, when flying, carry—
(
a ) its certificate of registration;(
b ) its certificate of airworthiness;(
c ) unless the Director-General otherwise approves, its maintenance release and any other document approved for use as an alternative to the maintenance release for the purposes of a provision of these Regulations;(
d ) the licences of the operating crew;(
e ) the flight manual (if any) for the aircraft;(
f ) any licence in force with respect to the radio equipment in the aircraft;(
g ) if the aircraft is carrying passengers—a list of the names, places of embarkation and places of destination of the passengers;(
h ) if the aircraft is carrying cargo—the bills of lading and manifests with respect to the cargo; and(
i ) unless the Director-General otherwise approves, the records kept with respect to the aircraft under a direction given under regulation 49k of these Regulations.
“(2.) An aircraft operating wholly within Australian
territory is not required, when flying, to carry a document specified in
paragraph (
“(3.) The Director-General may exempt an aircraft
from the requirement of paragraph (
“114a. A passenger on an aircraft arriving in, or departing from, Australian territory shall, on demand by an authorized person, produce his ticket for inspection by the authorized person.”.
“(1a.) The Director-General may authorize a person, in writing, to take vertical air photographs in accordance with the terms of the authority, and the last preceding sub-regulation does not apply in relation to photographs so taken.”.
(
a ) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—
“(1.) An aircraft—
(
(
(
c ) shall not be flown in acrobatic flight of a particular kind unless the certificate of airworthiness of, or the flight manual for, the aircraft specifies that the aircraft may perform that type of acrobatic flight.“(2.) For the purposes of the last preceding sub-regulation, straight and steady stalls or turns in which the angle of bank does not exceed 60 degrees shall be deemed not to be acrobatic flight.”;
(
b ) by omitting from paragraph (c ) of sub-regulation (4.) the word “harness” and inserting in its stead the words “safety harness or seat belt”; and(
c ) by omitting from paragraph (e ) of sub-regulation (4.) the words “shoulder harness” and inserting in their stead the words “safety harness or seat belt”.
“(3.) The pilot in command of an aircraft that is being operated on or in the vicinity of an aerodrome shall not take the aircraft off from, or land the aircraft on, a part of the aerodrome outside the landing area of the aerodrome.”.
“147a. In this Division, ‘flight level 210’, in relation to a time and place, means such a height above the ground or water that, if an aircraft were flying at that height at that time and place and had an altimeter adjusted to a reading on the sub-scale of 29.92 inches of mercury or 1013.2 millibars, the altimeter would show a height of 21,000 feet.”.
(
a ) by omitting from sub-regulation (1.) the word “display—” and inserting in its stead the words “display the following navigation lights:—”;(
b ) by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—“(2.) Unless the Director-General otherwise directs, navigation lights shall be steady lights.
“(3.) Unless the Director-General otherwise directs, an aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display, in addition to the navigation lights, an anti-collision light consisting of a flashing red light visible in all directions within thirty degrees above and thirty degrees below the horizontal plane of the aeroplane.”; and
(
c ) by omitting from sub-regulation (3b.) the words “lights specified in sub-regulations (1.) and (3a.) of this regulation” and inserting in their stead the words “navigation lights and the anti-collision light”.
(
a ) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—“(1.) An operator shall provide an operations manual for the use and guidance of the operations personnel of the operator.
“(2.) An operations manual shall contain such information, procedures and instructions with respect to the flight operations of all the types of aircraft operated by the operator as are necessary to ensure the safe conduct of the flight operations (other than information, procedures or instructions that are set out in other documents required to be carried in the aircraft in pursuance of these Regulations).
“(2a.) The Director-General may give a direction—
(
a ) requiring the operator to include particular information in the operations manual; or(
b ) requiring the operator to revise or vary the information contained in the operations manual.“(2b.) A direction given under this regulation does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.”; and
(
b ) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—“(5.) The operator shall ensure that all amendments to the operations manual made in accordance with this regulation are incorporated in all copies of the operations manual kept within the operator’s organization and that copies of those amendments are forwarded to all persons to whom copies of the operations manual have been furnished in accordance with this regulation.”.
“(
a ) the instruments and equipment required for the particular type of operation to be undertaken are installed in the aircraft and are functioning properly;(
b ) the gross weight of the aircraft does not exceed the limitations fixed by or under regulation 227 of these Regulations and is such that flight performance in accordance with the standards specified by the Director-General for the type of operation to be undertaken is possible under the prevailing conditions; and(
c ) any directions of the Director-General with respect to the loading of the aircraft given under regulation 227 of these Regulations have been complied with.”.
“227.—(1.) The Director-General may, for the purposes of these Regulations, give directions setting out the method of estimating, with respect to an aircraft at any time—
(
a ) the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time; and(
b ) the centre of gravity of the aircraft at that time.
“(2.) The Director-General may, for the purpose of ensuring the safety of air navigation, give directions setting out the manner of determining, with respect to a proposed flight of an aircraft—
(
a ) a maximum weight, being a weight less than the maximum take-off weight of the aircraft; or(
b ) a maximum weight, being a weight less than the maximum landing weight of the aircraft,
that the gross weight of the aircraft at take-off or landing, as the case may be, is not to exceed.
“(3.) A manner of determining a maximum weight referred to in the last preceding sub-regulation shall be such as to take into account such of the following considerations as the Director-General considers appropriate:—
(
a ) the type of aircraft;(
b ) the kind of operations to be carried out during the flight;(
c ) the performance of the aircraft in configurations in which it is likely to be flown and with faults that are likely to occur;(
d ) the meteorological conditions at the aerodrome at which the aircraft is to take off or land;(
e ) the altitude of the aerodrome at which the aircraft is to take off or land;(
f ) the aerodrome dimensions in the direction in which the aircraft is to take off or land;(
g ) the material of which the surface of the aerodrome in the direction in which the aircraft is to take off or land is constituted and the condition and slope of that surface;(
h ) the presence of obstacles in the vicinity of the flight path along which the aircraft is to take off, approach or land;(
i ) the anticipated meteorological conditions over the intended route to be flown by the aircraft after take-off and over planned divergencies from that route; and(
j ) the altitude of the terrain along and on either side of the intended route to be flown by the aircraft after take-off and of planned divergencies from that route.
“(4.) An aircraft shall not take off, or attempt to take off, if its gross weight exceeds its maximum take-off weight or, if a lesser weight determined in accordance with a direction under sub-regulation (2.) of this regulation is applicable to the take-off, that lesser weight.
“(5.) An aircraft shall not take off, or attempt to take off, if its gross weight exceeds, by more than the weight of fuel that would normally be used in flying to its next landing place or planned alternative aerodrome, its maximum landing weight or, if a lesser weight determined in accordance with a direction under sub-regulation (2.) of this regulation is applicable to the landing at that place or aerodrome, that lesser weight.
“(6.) Except in an emergency, an aircraft shall not land if its gross weight exceeds its maximum landing weight or, if a lesser weight determined in accordance with a direction under sub-regulation (2.) of this regulation is applicable to the landing, that lesser weight.
“(7.) The Director-General may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading of persons and goods (including fuel) on aircraft.
“(8.) An aircraft shall not take off, or attempt to take off, unless any directions with respect to the loading of the aircraft given under this regulation have been complied with.
“(9.) The load of an aircraft throughout a flight shall be so distributed that the centre of gravity of the aircraft falls within the limitations specified in its certificate of airworthiness or its flight manual.
“(10.) A direction given under this regulation docs not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.
“(11.) The Director-General may exempt an aircraft from any of the requirements imposed by this regulation.”.
“236.—(1.) The Director-General may give directions specifying the tests to be carried out by the pilot in command of an aircraft before the commencement of, and during, a take-off run to satisfy himself that the engine and associated items of equipment are functioning correctly within the permissible limits of performance.
“(2.) Before the commencement of, and during, a take-off run, the pilot in command of an aircraft shall—
(
a ) carry out all tests required to be carried out in relation to the aircraft under the last preceding sub-regulation;(
b ) test all flight instruments, and, in particular, all gyroscopic flight instruments, that it is possible to test so as to ensure that they are functioning correctly;(
c ) ensure that all gyroscopic flight instruments are correctly set and uncaged; and(
d ) perform such checks and tests as are required by the flight manual for, or the operations manual of, the aircraft.
“(3.) If an inspection, check or test made under the last preceding sub-regulation indicates any departure from the permissible limits or any malfunctioning in any particular (not being a departure or malfunctioning that is a permissible unserviceability), the pilot in command shall not commence the take-off or, if he has commenced the take-off, shall abandon the take-off or take such other action as he considers appropriate to ensure the safety of the aircraft and of persons on board the aircraft.”.
(
a ) by omitting from sub-regulation (1.) the words “safety belts” and inserting in their stead the words “seat belts”;(
b ) by omitting sub-regulations (2.) and (2a.) and inserting in their stead the following sub-regulations:—“(2.) The Director-General may direct that a type of safety harness specified in the direction shall be worn in place of a seat belt in the circumstances set out in the direction.
“(2a.) The pilot in command shall ensure that a seat belt or safety harness is worn at all times during flight by at least one of the pilot crew members.”;
(
c ) by omitting from sub-regulation (3.) the words “safety belt” and inserting in their stead the words “seat belt”; and(
d ) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—“(4.) The Director-General may, for the purpose of ensuring the safety of air navigation, give directions requiring the owner or operator of an aircraft to install in the aircraft an approved communications system to enable the pilot in command to notify passengers when a seat belt or safety harness is to be worn.
“(5.) A direction given under this regulation does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.”.
“244a.—(1.) The Director-General may give directions with respect to the provision in Australian aircraft of such emergency systems and equipment, and such life-saving equipment, as the Director-General considers necessary to safeguard the aircraft and persons on board the aircraft.
“(2.) In giving a direction under the last preceding sub-regulation, the Director-General shall have regard to the type of operation in which the aircraft is to be used.
“(3.) A direction given under this regulation does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention.”.
“245a.—(1.) Unless the Director-General otherwise approves, this regulation applies to all passageways and exits in an aircraft that are for use by passengers or crew.
“(2.) All passageways and exits to which this regulation applies shall be kept free from obstruction when the aircraft is in flight.
“(3.) All exits to which this regulation applies shall, when the aircraft is in flight, be so fastened as to permit their immediate use in an emergency.”.
(
a ) by omitting from the definition of “certificate” in sub-regulation (1.) the word and figure “Division 5” and inserting in their stead the word and figure “Division 4”; and(
b ) by omitting from paragraph (a ) of the definition of “licence” in sub-regulation (1.) the word and figure “Division 5” and inserting in their stead the word and figure “Division 4”.
“(1.) Where the Director-General requires the holder of a licence to undergo an examination under regulation 38, 65 or 97f of these Regulations, the Director-General may, by notice in writing served on the holder of the licence, suspend the licence until the result of the examination is known.”.
“256a. Where the holder of a licence or certificate advises the Director-General that he no longer wishes to hold the licence or certificate, the Director-General shall cancel the licence or certificate.”.
(
a ) by omitting from sub-regulation (1.) the words “The Director-General” and inserting in their stead the words “Subject to this regulation, the Director-General”; and(
b ) by adding at the end thereof the following sub-regulation:—“(3.) Before taking action under this regulation to vary, suspend or cancel a licence or certificate, the Director-General shall—
(
a ) give notice, in writing, to the holder of the licence or certificate of the facts and circumstances that, in the opinion of the Director-General, warrant consideration being given to the variation, suspension or cancellation of the licence or certificate under this regulation; and(
b ) give to the holder of the licence or certificate an opportunity to show cause why the licence or certificate should not be varied, suspended or cancelled under this regulation.”.
(
a ) by omitting from paragraph (b ) of sub-regulation (1.) the word and figures “regulation 257” and inserting in their stead the words and figures “regulation 256 or 257”; and(
b ) by omitting from sub-regulation (4.) the words “Thirty pounds” and inserting in their stead the words “Sixty dollars”.
(
a ) by omitting from sub-regulation (3.) the words “of air navigation or aircraft” and inserting in their stead the words “relevant to the matter before the board of review”; and(
b ) by omitting from sub-regulation (5.) the words “Fifteen pounds fifteen shillings” and inserting in their stead the words “Thirty-one dollars fifty cents”.
(
a ) by omitting from sub-regulation (5.) the words “One hundred pounds” and inserting in their stead the words “Two hundred dollars”; and(
b ) by omitting sub-regulation (8.) and inserting in its stead the following sub-regulation:—“(8.) A witness who attends before a board of review in accordance with a summons shall be paid fees and travelling expenses in accordance with the scale set out in the Second Schedule to the Public Works Committee Regulations.”.
“(3.) The Director-General may direct that this regulation does not apply in relation to incidents included in a class of incidents set out in the direction.”.
(
a ) by omitting from sub-regulation (1.) the words “Twenty pounds” and inserting in their stead the words “Forty dollars”; and(
b ) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—“(2.) A person summoned as a witness shall be paid fees and travelling expenses in accordance with the scale set out in the Second Schedule to the Public Works Committee Regulations.”.
“(8.) A witness summoned to attend before the Board of Accident Inquiry shall be paid fees and travelling expenses in accordance with the scale set out in the Second Schedule to the Public Works Committee Regulations.”.
(
a ) by inserting in sub-regulation (3.), after the word “direction” (first occurring) the words “(including any condition or requirement set out in a direction)”;(
b ) by inserting after sub-regulation (3.) the following sub-regulation:—“(3a.) Notwithstanding the preceding provisions of this regulation, a person shall not be convicted of an offence against this regulation by reason only of a contravention of, or a failure to comply with, a direction, or a condition or requirement set out in a direction, under these Regulations if—
(
a ) the direction is of a kind that, by virtue of these Regulations, does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention; and(
b ) at the time of the alleged contravention or failure to comply, the direction had not been served by post on the first-mentioned person and had not otherwise been brought to his attention.”;(
c ) by omitting from paragraph (a ) of sub-regulation (5.) the words “Two hundred pounds” and inserting in their stead the words “Four hundred dollars”; and(
d ) by omitting from paragraph (b ) of sub-regulation (5.) the words “Five hundred pounds” and inserting in their stead the words “One thousand dollars”.
“(2a.) A person shall not purport to give a certificate, or to issue a document, for the purposes of these Regulations unless he is authorized under these Regulations to do so.”.
“(
b ) shall, during the construction, assembly or maintenance of an aircraft by the holder of a certificate of approval or an aircraft maintenance
engineer licence covering the construction, assembly or maintenance, as the case may be, have access at all times during working hours to—
(i) the premises, or that part of the premises, in which the construction, assembly or maintenance, as the case may be, is being carried out;
(ii) the drawings of the aircraft or of any aircraft component installed, or to be installed, in the aircraft; and
(iii) all documents associated with the construction, assembly or maintenance, as the case may be; and”.
(2.) A certificate, licence or maintenance release in force under Part IV. of the Air Navigation Regulations immediately before the date of commencement of this sub-regulation continues in force notwithstanding the amendments made by these Regulations, and the Air Navigation Regulations, as amended by these Regulations, apply in relation to such certificate, licence, or maintenance release as if it were an instrument issued in accordance with those Regulations as so amended.
THE SCHEDULE Regulation 55.
AMENDMENTS OF THE AIR NAVIGATION REGULATIONS
Provisions amended | Amendments |
Regulation 106b...................... | Omit from sub-regulation (3.) “Fifty pounds”, insert “One hundred dollars”. |
| |
Regulation 263..................... | Omit from sub-regulation (5.) “Thirty pounds”, insert “Sixty dollars”. |
Regulation 315d................... | Omit “Twenty pounds” (wherever occurring), insert “Forty dollars”. |
Regulation 316..................... |
|
The Schedule........................... | Omit from Item No. 1 “Five shillings”, insert “Fifty cents”. |
|
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