Air Navigation Regulations (Amendment) (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1963.*
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the
Dated this seventh day of May, 1964.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Minister of State for Civil Aviation.
Amendments of the Air Navigation Regulations.
(
a ) by omitting the words and figures—“Division 1a.—Obstruction Clearing and Marking (Regulation 92).”
and inserting in their stead the words and figures—
“Division 1a.—Obstruction Clearing and Marking (Regulations 92-92a).”;
(
b ) by omitting the words and figures—“Division 3.—Visual Flight Rules (Regulations 148-153).”
and inserting in their stead the words and figures—
“Division 3.—Visual Flight Rules (Regulations 147a-153).”; and
(
c ) by omitting the words and figures—“Division 4.—Instrument Flight Rules (Regulations 154-162).”
and inserting in their stead the words and figures—
“Division 4.—Instrument Flight Rules (Regulations 154-162a).”.
(
a )by omitting from sub-regulation (1.) the definition of “airport”;
*
Notified in the
Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948, No. 69; 1949, Nos. 6 and 70; 1950, No. 69; 1952, Nos. 30, 46 and 87; 1953, No. 44; 1954, Nos. 26, 32 and 119; 1955, No. 29; 1956, No. 16; 1957, No. 12; 1958, No. 77; 1960, Nos. 21, 96 and 99; and 1961, No. 102.
2165/63.—Price 8d. 10/19.12.1963.
(
b )by omitting from sub-regulation (1.) the definition of “constable” and inserting in its stead the following definition:—“‘constable’ has the same meaning as in the
Crimes Act 1914-1960;”;(
c ) by omitting from sub-regulation (1.) the definitions of “control area”, “control zone”, “controlled aerodrome” and “controlled airspace” and inserting in their stead the following definitions:—“‘control area’ means an airspace designated as a control area by the Director-General in pursuance of regulation 95 of these Regulations;
“‘control zone’ means an airspace designated as a control zone by the Director-General in pursuance of regulation 95 of these Regulations;
“‘controlled aerodrome’ means an aerodrome designated as a controlled aerodrome by the Director-General in pursuance of regulation 95 of these Regulations;
“‘controlled airspace’ means a control area or a control zone;”;
(
d )by inserting in sub-regulation (1.), after the definition of “grant”, the following definition:—“‘ground-effect machine’ means a power-driven heavier-than-air machine supported in flight by the reaction of the air created by and maintained between itself and the surface of the land or water immediately beneath it;”;
(
e )by omitting from sub-regulation. (1.) the definition of “I.F.R. weather conditions” and inserting in its stead the following definition:—“‘I.M.C.’ is the symbol used to designate meteorological conditions other than those designated by the symbol ‘V.M.C.’;”;
(
f ) by omitting from the definition of “International Regulations for Preventing Collisions at Sea” in sub-regulation (1.) the words “made in pursuance of theNavigation Act 1912-1953” and inserting in their stead the words “in force under theNavigation Act 1912-1961”;(
g )by omitting from sub-regulation (1.) the definition of “night” and inserting in its stead the following definition: —“‘night’, in relation to an aircraft at or over a place, means any time in the period between—
(
a )the time ascertained by reference to the Air Almanac as the time at which civil twilight ends at that place in the afternoon on a given date; and(
b )the time ascertained by reference to the Air Almanac as the time at which civil twilight commences at that place in the forenoon of the next succeeding date,or such other period as is determined in pursuance of regulation 331 of these Regulations;”;
(
h ) by omitting from sub-regulation (1.) the definition of “pilot in command”;(
i ) by omitting from sub-regulation (1.) the definition of “state aircraft”;(
j )by omitting from sub-regulation (1.) the definition of “V.F.R. weather conditions”; and(
k ) by adding at the end thereof the following definition:—“‘V.M.C.’ is the symbol used to designate meteorological conditions equal to or better than—
(
a ) where the flight is at a height of less than 5,000 feet—those specified in regulation 149 of these Regulations; or(
b ) in any other case—those specified in regulation 150 of these Regulations.”.
(
a ) by omitting sub-paragraph (iii) of paragraph (a )of sub-regulation (1.) and inserting in its stead the following subparagraph:—“(iii) Commercial pilot licence, being a licence authorizing the holder to act—
(a) as pilot in command or as co-pilot of an aircraft engaged in private operations, aerial work operations or, where the maximum permissible all-up weight as specified in the aircraft’s certificate of airworthiness does not exceed 12,500 pounds, in charter operations;
(b) with the special approval of the Director-General, as pilot in command of an aircraft the maximum permissible all-up weight of which as specified in the aircraft’s certificate of airworthiness does not exceed 12,500 pounds and which is engaged in a regular public transport service; and
(c) with the special approval of the Director-General, as co-pilot of an aircraft engaged in charter operations or in regular public transport service;”;
(
b ) by omitting from sub-paragraph (iv) of paragraph (a ) of sub-regulation (1.) the words “of more than 12,500 pounds gross weight” and inserting in their stead the words “the maximum permissible all-up weight of which as specified in their certificates of airworthiness exceed 12,500 pounds”; and(
c ) by omitting from sub-paragraph (ii) of paragraph (b )of sub-regulation (1.) the words “under instrument flight conditions” and inserting in their stead the word and symbol “under I.F.R.”.
(
a ) by omitting from sub-regulation (7a.) the words “operating in a minor or developmental regular public transport service”; and(
b ) by omitting from paragraph (a )of sub-regulation (S.) the words “for a period not exceeding one hour,” and inserting in their stead the words “for a period not exceeding three hours,”.
(
a ) by omitting from sub-regulations (3.), (4.), (5.) and (6.) the words”, or more than forty-five years of age,”;(
b )by omitting from sub-regulations (7.), (8.), (9.) and (10.) the words “, or more than fifty years of age,”.
“92a.—(1.) In this regulation, ‘aerodrome’ includes any aerodrome that is established, licensed or approved under this Part.
“(2.) Where the Director-General is
satisfied that the presence of waste foodstuffs in the vicinity of an aerodrome
constitutes or may constitute such an attraction to birds as to create a hazard
or a potential hazard to aircraft using that aerodrome or flying in the
vicinity of that aerodrome, the Director-General may, by notice in the
“(3.) A person shall not leave waste foodstuffs on, or bring waste foodstuffs onto, an area of land to which this regulation applies.
Penalty: One hundred pounds.
“(4.) The Director-General may, by notice in writing, require the owner of land on which waste foodstuffs are, being land within an area of land to which this regulation applies, to remove, within a time specified in the notice, the waste foodstuffs from his land to a place outside an area of land to which this regulation applies or to deal, within a time, and in a manner, specified in the notice, with the waste foodstuffs.
“(5.) A notice under the last preceding sub-regulation may be served personally or by post.
“(6.) A person shall not fail to comply with the requirements of a notice served on him under sub-regulation (4.) of this regulation.
Penalty: One hundred pounds.
“(7.) If a person on whom a notice under sub-regulation (4.) of this regulation is served fails to comply with the requirements of the notice, an officer authorized for the purpose by the Director-General may, with such assistance as he requires, enter upon the land and remove or deal with the waste foodstuffs.”.
“95.—(1.) The Director-General may designate—
(
a ) an aerodrome at which aerodrome control service is provided as a controlled aerodrome;(
b )airspace that is within defined horizontal and vertical limits as a control area or a control zone;(
c ) airspace in respect of which flight information and alerting services are available as a flight information region; and(
d )airspace in respect of which operational control service is provided as an operational control area.
“(2.) Where the Director-General designates an aerodrome or an airspace under the last preceding sub-regulation, he shall cause a notification of the designation, including details of the boundaries of the airspace, to be published in Aeronautical Information Publications or, where the designation is of a temporary nature, in NOTAMS.”.
“(2.) Subject to the next succeeding sub-regulation, and unless otherwise authorized by the appropriate Air Traffic Control Unit or by a notification in Aeronautical Information Publications or in NOTAMS, an aircraft shall not—
(
a ) enter, operate in, or leave a control area;(
b )operate outside a control area as a result of a diversion out of that control area at the direction of the appropriate Air Traffic Control unit; or(
c ) enter, operate in, or leave a control zone or operate at a controlled aerodrome,
except in accordance with an air traffic control clearance in respect of the aircraft.”.
(
a ) by omitting the words “paragraphs (c ) and (d ) of sub-regulation (2.)” and inserting in their stead the words “paragraph (c ) of sub-regulation (2.)”; and(
b ) by omitting the words “and paragraph (b ) of regulation 144 of these Regulations”.
“(1a.) A person shall not carry or consign for carriage any dangerous goods on board an aircraft, except with the permission in writing of the Director-General and in accordance with the conditions specified in the permit.”.
(
a ) by omitting from paragraph (a )of that sub-regulation the words and symbol “in V.F.R. weather conditions” (wherever occurring) and inserting in their stead the word and symbol “in V.M.C.”; and(
b ) by omitting from paragraph (b ) of that sub-regulation the words and symbol “in I.F.R. weather conditions” and inserting in their stead the word and symbol “in I.M.C.”.
“(3a.) An overtaking aircraft shall not pass the aircraft that it is overtaking by diving or climbing.”.
(
a ) by omitting from sub-regulation (1.) the figures and word “1,500 feet” and inserting in their stead the figures and word “2,000 feet”; and(
b )by omitting from sub-regulation (2.) the words and symbol “in V.F.R. weather conditions” and inserting in their stead the word and symbol “in V.M.C.”.
(
a ) by inserting after paragraph (b ) the following paragraph:—“(
ba )when approaching an aerodrome, other than a controlled aerodrome, for the purpose of landing, join the pattern of traffic in use for the landing direction in the up-wind, cross-wind or downwind leg, as the case may be;”; and(
b ) by adding at the end thereof the following sub-regulation:—“(2.) The provisions of paragraph (
ba )of the last preceding sub-regulation do not apply to an aircraft conducting an instrument approach in I.M.C. if the instrument approach procedure requires the aircraft to join the pattern of traffic at any other point.”.
(
a )by omitting the words “At controlled aerodromes,” and inserting in their stead the words “Where aerodrome control is in operation at an aerodrome,”; and(
b ) by omitting from paragraph (a )the words “with Air Traffic Control” and inserting in their stead the words “with aerodrome control service”.
“147a. In this Division, ‘flight level 210’ means the height at which an aircraft is when—
(
a ) the altimeter of the aircraft is adjusted to a reading on the sub-scale of 29.92 inches of mercury or 1013.2 millibars; and(
b ) the height indicated on the altimeter is 21,000 feet.”.
“149.—(1.) A V.F.R. flight shall not be conducted—
(
a ) at a height of, or less than, 2,000 feet above ground or water; or(
b ) at such other times (if any) as the Director-General directs,
unless the pilot in command of the aircraft is able to navigate by reference to the ground or water.
“(2.) Except as provided in the next succeeding sub-regulation and to the extent that the appropriate Air Traffic Control unit otherwise directs, a V.F.R. flight shall not be conducted at a height that is more than 2,000 feet above ground or water and less than 5,000 feet above mean sea level unless the flight visibility is equal to or greater than 3 miles and the aircraft is flown at a distance equal to or greater than 2,000 feet horizontally and 500 feet vertically from cloud.
“(3.) Notwithstanding the requirements of the last preceding sub-regulation, a helicopter that is flown—
(
a ) with a flight visibility of less than 3 miles but equal to or greater than one half of a mile;(
b ) clear of cloud at a, height of less than 700 feet above the ground or water;(
c ) at a distance of not less than 10 miles from an aerodrome for which an instrument approach procedure has been approved; and(
d )at such a speed that the pilot in command has an adequate opportunity to observe any obstructions or other air-traffic in sufficient time to avoid a collision,
may conduct a V.F.R. flight outside controlled airspace.
“150.—(1.) A V.F.R. flight shall not be conducted at a height of 5,000 feet above mean sea level or between that height and flight level 210 unless—
(
a ) the flight visibility is equal to or greater than 5 miles;(
b )the aircraft is flown at a distance equal to or greater than 1 mile horizontally and 1,000 feet vertically from cloud; and(
c ) when at cruising level, the aircraft is flown at a cruising level appropriate to its magnetic track as notified by the Director-General in Aeronautical Information Publications or in NOTAMS.
“(2.) Notwithstanding the requirements of the last preceding sub-regulation, where—
(
a )a flight condition is encountered that prevents an aircraft from flying at the appropriate cruising level; and(
b )the pilot in command notifies Air Traffic Control of the height at which he is flying and of all subsequent changes of that height,
a V.F.R. flight may be conducted at a cruising level other than one that is appropriate to its magnetic track.
“(3.) Unless the Director-General otherwise approves, a V.F.R. flight shall not be conducted at a height above flight level 210.”.
“(2.) Notwithstanding anything contained in this regulation, the Director-General may give the pilot in command of an aircraft who does not hold an instrument rating permission to conduct a flight under Instrument Flight Rules on such terms as the Director-General may designate.”.
“(
b ) outside controlled airspace—at a cruising level appropriate to its magnetic track as notified by the Director-General in Aeronautical Information Publications.”.
“162a.
Where an aircraft conducting a I.F.R. flight is unable for any reason to comply
with the requirements of paragraph (
(
a )notify Air Traffic Control of the cruising level at which the aircraft is flying and of all subsequent changes of that level; and(
b )in the event of the risk of a collision with another aircraft which is complying with that regulation, give way to that aircraft or fly at a cruising level authorized by that regulation until the other aircraft is past and clear.”.
(
a ) by omitting from sub-regulation (1.) the words “in the First Schedule to these Regulations” and inserting in their stead the words “in Aeronautical Information Publications”; and(
b ) by omitting sub-regulation (1a.).
“(ii) aerial spotting—
(
a )where the aircraft is flown by its owner and is used purely for his own interests; or(
b )where no remuneration is received by the pilot of the aircraft or by any person or organization on whose behalf the spotting is conducted;”.
(
a ) by omitting the words “the manœuverings area of”; and(
b )by inserting at the end thereof the words “or a person approved by the Director-General in accordance with the terms and conditions of the approval”.
“232.—The Director-General may, by notice published in Aeronautical Information Publications, declare that flights included in specified classes of flights are flights in respect of which flight plans are required, in the interests of safety and to ensure compliance with the Convention, to be submitted to, and approved by, the appropriate Air Traffic Control Unit.
“(2.) Subject to the next succeeding sub-regulation, an aircraft shall not be flown on a flight included in a class of flights specified in a notice under the last preceding sub-regulation unless the flight plans for the flight have been approved by the appropriate Air Traffic Control Unit.
“(3.) The Director-General may, in a notice under sub-regulation (1.) of this regulation, specify the circumstances in which, and the conditions subject to which, a flight included in a class of flights specified in the notice may be commenced and carried on before the appropriate Air Traffic Control Unit has approved the flight plans for the flight, and the last preceding sub-regulation does not apply to and in relation to the flight of an aircraft that has been commenced in those circumstances and so long as those conditions are complied with.
“(4.) An aircraft that is flying on a flight in respect of which flight plans have been approved by the appropriate Air Traffic Control Unit shall not deviate from the flight specified in the flight plan unless the deviation is necessary in the interests of safety or the appropriate Air Traffic Control Unit has directed or approved the deviation.
“232a.—(1.) The Director-General may, by notice published in Aeronautical Information Publications, declare that flights included in specified classes of flights are flights in respect of which flight plans are required, in the interests of safety and to ensure compliance with the Convention, to be submitted to Air Traffic Control.
“(2.) Subject to the next succeeding sub-regulation, an aircraft shall not be flown on a flight included in a class of flights specified in a notice under sub-regulation (1.) of this regulation unless the flight plan has been submitted to Air Traffic Control.
“(3.) The Director-General may, in a notice under sub-regulation (1.) of this regulation, specify the circumstances in which, and the conditions subject to which, a flight included in a class of flights specified in the notice may be commenced and carried on before the flight plans for the flight are submitted to Air Traffic Control and the last preceding sub-regulation does not apply to and in relation to the flight of an aircraft that has been commenced in those circumstances and so long as the conditions so specified are complied with.
“(4.) The pilot in command of an aircraft that deviates from a flight as specified in the flight plan that has been submitted under this regulation shall report the fact as soon as possible to Air Traffic Control.”.
(
a ) by inserting after sub-regulation (1.) the following sub-regulation:—“(1a.) The Minister shall forward a report of the result of an investigation conducted under Division 4, 5 or 6 of this Part to the Chairman of the Board of Accident Inquiry.”;
(
b )by inserting in sub-regulation (3.), after the words “the Board of Accident Inquiry”, the words “, not being a date less than fourteen days after receipt by the Chairman of the report referred to in sub-regulation (1a.) of this regulation”; and(
c ) by adding at the end thereof the following sub-regulation:—“(7.) The Chairman of a Board of Accident Inquiry may—
(
a )direct that a witness be excluded from the sittings of the Board while another witness is giving evidence; and(
b ) direct that the whole or a specified part of the evidence not be published if, in his opinion, this course is in the public interest.”.
“316.—(1.) A person shall not, without lawful authority or excuse—
(
a ) enter or remain within the boundary of an aerodrome;(
b ) bring or leave any property on an aerodrome;(
c ) operate any vehicle on an aerodrome;(
d ) bring any animal or bird on to an aerodrome; or(
e ) permit any animal or bird under his possession or control to trespass on an aerodrome.
Penalty: One hundred pounds.
“(2.) Where—
(
a ) a person contravenes paragraph (a ), (b ), (c ) or (d ) of the last preceding sub-regulation; or(
b )any property, vehicle, animal or bird is found in contravention of paragraph (b ), (c ), (d ) or (e ) of the last preceding sub-regulation,
any authorized person may apprehend and remove that person, property, vehicle, animal or bird, as the case may be, without being deemed guilty of any act of trespass.
“(3.) For the purposes of this regulation, an ‘authorized person’ includes an employee of the Department of Civil Aviation, a constable, the proprietor of the aerodrome or any person authorized by him or the pilot in command of an aircraft.”.
“THE SCHEDULE.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
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