Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES.

1958. No. 77.

 

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1950.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920-1950.

Dated this 22nd day of November, 1958.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Civil Aviation.

 

Amendments of the Air Navigation Regulations. 

Parts.

1. Regulation 3 of the Air Navigation Regulations is amended—

(a) by omitting the words—

“Part VII.—Log Books (Regulations 71-78a).”

and inserting in their stead the words—

“Part VII.—Log Books and Logs (Regulations 71-78a).”;

and

(b) by omitting the words—

“Division 4.—Search and Rescue Service (Regulations 101-103).”

and inserting in their stead the words—

“Division 4.—Search and Rescue Service (Regulations 101-103a).”.

Interpretation.

2. Regulation 5 of the Air Navigation Regulations is amended by inserting in sub-regulation (1.), after the definition of “aeroplane”, the following definition:—

“‘agricultural operations’ means the broadcasting of chemicals, seeds, fertilizers and other substances from aircraft for agricultural purposes, including purposes of pest and disease control;”.

Modification, repair or distribution of aircraft, aircraft components and items of equipment.

3. Regulation 38 of the Air Navigation Regulations is amended—

(a) by omitting paragraph (d) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(d) a person, or a person included in a class of persons, authorized for the particular purpose.”; and

 

* Notified in the Commonwealth Gazette on 4th December 1958.

  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; and 1957, No. 12.

4874/58.—Price 5d. 9/21.10.1958.

 

(b) by omitting paragraph (d)of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(d)a person, or a person included in a class of persons, authorized for the particular purpose.”.

Classification of licences and ratings.

4. Regulation 51 of the Air Navigation Regulations is amended—

(a) by omitting from sub-paragraph (v) of paragraph (a)of sub-regulation (1.) the words “Third class” and inserting in their stead the words “Second class”; and

(b) by omitting sub-paragraph (vi) of paragraph (a) of sub-regulation

Privileges and limitations according to the category of licence held.

5. Regulation 52 of the Air Navigation Regulations is amended by omitting from sub-regulation (3.) the words “third class” and inserting in their stead the words “second class”,

6. Regulations 54 and 55 of the Air Navigation Regulations are repealed and the following regulations inserted in their stead:—

Duration of ratings.

“54. Subject to these Regulations—

(a) a flight instructor rating issued under this Part shall remain in force during the period for which the holder’s pilot licence remains in force and may be renewed concurrently with that licence; and

(b)an instrument rating issued under this Part shall remain in force until the expiration of a period of six months after the date of its issue or until the expiration of the period for which the holder’s pilot licence remains in force, whichever first occurs.

Ages of applicants for licences.

“55.—(1.) An applicant for a student pilot licence shall not be less than sixteen years of age, or more than fifty-five years of age, at the date of his application for the initial issue of the licence.

“(2.) An applicant for a private pilot licence shall not be less than seventeen years of age, or more than fifty-five years of age, at the date of his application for the initial issue of the licence.

“(3.) An applicant for a commercial pilot licence shall not be less than nineteen years of age, or more than forty-five years of age, at the date of his application for the initial issue of the licence.

“(4.) An applicant for a senior commercial pilot licence shall not be less than twenty-one years of age, or more than forty-five years of age, at the date of his application for the initial issue of the licence.

“(5.) An applicant for a second class airline transport pilot licence shall not be less than nineteen years of age, or more than forty-five years of age, at the date of his application for the initial issue of the licence.

“(6.) An applicant for a first class airline transport pilot licence shall not be less than twenty-one years of age, or more than forty-live years of age, at the date of his application for the initial issue of the licence.

“(7.) An applicant for a navigator licence shall not be less than nineteen years of age, or more than fifty years of age, at the date of his application for the initial issue of the licence.

 

“(8.) An applicant for a flight radiotelephone operator licence shall not be less than sixteen years of age, or more than fifty years of age, at the date of his application for the initial issue of the licence.

“(9.) An applicant for a flight radiotelegraph operator licence shall not be less than nineteen years of age, or more than fifty years of age, at the date of his application for the initial issue of the licence.

“(10.) An applicant for an engineer licence shall not be less than twenty-one years of age, or more than fifty years of age, at the date of his application for the initial issue of the licence.”.

Heading to Part VII.

7. The heading to Part VII. of the Air Navigation Regulations is repealed and the following heading inserted in its stead:—

“Part VII.—Log Books and Logs.”.

Maintenance of log books and logs.

8. Regulation 71 of the Air Navigation Regulations is amended—

(a) by inserting after sub-regulation (2.) the following sub-regulations:—

“(3.) An entry made in a log book in accordance with this Part containing a record of engineering work carried out on—

(a) an aircraft;

(b) an engine or radio apparatus installed in an aircraft; or

(c) a propeller,

is of no force and effect unless it is signed by a person who is licensed or approved for the purpose of carrying out the work.

“(3a.) A person shall not sign an entry referred to in the last preceding sub-regulation unless he is satisfied that—

(a) the entry is correct; and

(b)a person licensed or approved to carry out the work in respect of which the entry was made has certified that the work has been properly carried out.

“(3b.) For the purposes of the last preceding sub-regulation, a person shall,, if he is not satisfied that the entry is correct, before signing the entry, make such alterations to the entry as, in his opinion, are necessary to make the entry correct.”; and

(b) by omitting sub-regulation (10.) and inserting in its stead the following sub-regulation:—

“(10.) Log books and logs shall be preserved—

(a) in the case of log books specified in paragraphs (a), (b), (c) and (d)of sub-regulation (1.) of this regulation—for a period of not less than one year after the end of the operating life of the unit to which they refer; and

(b)in any other case—for a period of not less than two years after the date of the last entry in the logbook or log.”.

 

Aircraft log book.

9. Regulation 72 of the Air Navigation Regulations is amended—

(a) by omitting from paragraph (a)the words “the classification of the aircraft, its” and inserting in (heir stead the words “the aircraft’s”; and

(b) by omitting from paragraph (b) the words “,radio apparatus”.

10. After regulation 103 of the Air Navigation Regulations the following regulation is inserted in Division 4 of Part IX.:—

Application of Division in relation to state aircraft.

“103a. Sub-regulation (5.) of regulation 6 of these Regulations does not affect the application of this Division to and in relation to—

(a) state aircraft which may be in need of search and rescue assistance; or

(b) the search for a missing state aircraft or rescue of its crew or passengers.”.

Time-tablcs.

11. Regulation 106c of the Air Navigation Regulations is amended—

(a) by inserting in sub-regulation (2.), after the words “to the Director-General”, the words “, in a form approved by him,”; and

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) A time-table shall be deemed to be an approved timetable for the purposes of this regulation if the time-table has been submitted to the Director-General in accordance with the last preceding sub-regulation and the Director-General has not notified the airline that he disapproves the time-table within fourteen days after the date on which the time-table was submitted to the Director-General.”.

Foreign aircraft of Contracting States.

12. Regulation 109 of the Air Navigation Regulations is amended—

(a) by inserting, after the words “fly within”, the words”, or depart from,”;

(b) by omitting from paragraph (d) the word “and”; and

(c) by adding at the end thereof the following word and paragraph:—

“and (f) the provision of radio apparatus.”.

Documents to be carried in aircraft.

13. Regulation 113 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “An aircraft” and inserting in their stead the words “Subject to this regulation, an aircraft”; and

(b) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) An Australian aircraft operating wholly within Australian territory is not required—

(a) if it is engaged in regular public transport or charter operations, to carry the documents specified in paragraphs (a), (b), (d) and (g) of the last preceding sub-regulation; or

 

(b)if it is engaged in any other type of operation, to carry the documents specified in paragraphs (a), (b), (d), (f) and (g) of the last preceding sub-regulation.

“(3.) An aircraft is not required to carry its flight manual if the Director-General is satisfied that the aircraft carries an operations manual, cock-pit placards or other documents containing the essential day to day operating data of the aircraft.”.

14. Regulation 152 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

VFR lights in control areas and control zones.

“152. The pilot in command of an aircraft shall obtain an air traffic control clearance before conducting a V.F.R, flight in—

(a) a control area; or

(b) a control zone specified for the purpose by the Director-General in Aeronautical Information Publications.”.

Aeroplanes in flight or on the manœuvring or movement area of land aerodromes.

15. Regulation 181 of the Air Navigation Regulations is amended by omitting from sub-regulation (5.) the words “manœuvring area” and inserting in their stead the words “movement area”.

Classification of operations.

16. Regulation 191 of the Air Navigation Regulations is amended—

(a) by omitting sub-paragraphs (iii) and (iv) of paragraph (a) and inserting in their stead the following sub-paragraph:—

“(iii) agricultural operations on land occupied by the owner of the aircraft;”; and

(b) byomitting sub-paragraphs (iii) and (iv) of paragraph (b) and inserting in their stead the following sub-paragraph:—

“(iii) agricultural operations other than agricultural operations referred to in sub-paragraph (iii) of the last preceding paragraph;”.

Number of operating crew.

17. Regulation 194 of the Air Navigation Regulations is amended by omitting the words “that number shall be supplemented” and inserting in their stead the words “shall be supplemented by such additional operating crew members, having such qualifications,”.

Conditions of issue for certain licences.

18. Regulation 199 of the Air Navigation Regulations is amended by omitting sub-regulation (4.).

19. After regulation 199 of the Air Navigation Regulations the following regulation is inserted: —

Approval of Director-General for certain flights.

“199aa.—(1.) An aircraft other than an aircraft engaged in a regular public transport operation shall not fly between a place in Australian territory and a place outside Australian territory, or between places outside Australian territory, except with the express approval of the Director-General, and, without limiting the generality of the power conferred upon the Director-General by sub-regulation (3.) of the last preceding regulation, the Director-General may grant the approval subject to compliance with such instructions and conditions as he considers necessary or desirable in relation to that flight, or may refuse to approve the flight.

 

“(2.) Where instructions of the Director-General under the last preceding sub-regulation are of general application, be may publish those instructions in Aeronautical Information Publications.”.

20. Regulation 215 of the Air Navigation Regulations is repealed and the following regulations are inserted in its stead:—

Route qualifications of pilot in command of a regular public transport aircraft.

“215.—(1.) Subject to this regulation, an operator shall not permit a pilot to act, and a pilot shall not act, in the capacity of pilot in command of an aircraft engaged in a regular public transport service unless the pilot is qualified for the particular route to be down in accordance with the following requirements:—

(a) he shall have been certified as competent for the particular route by a pilot who is qualified for that route;

(b) he shall have made at least one trip over that route within the preceding twelve months as a pilot member of the operating crew of an aircraft engaged in any class of operation;

(c) he shall have an adequate knowledge of the route to be flown, the aerodromes which are to be used and the designated alternate aerodromes, including a knowledge of—

(i) the terrain;

(ii) the seasonal meteorological conditions;

(iii) the meteorological, communication and air traffic facilities, services and procedures;

(iv) the search and rescue procedures; and

(v) the navigational facilities,

associated with the route to be flown;

(d) he shall have demonstrated either in flight or by simulated means that he is proficient in the use of instrument approach-to-land systems which he may utilize in operations on that route; and

(e) he possesses such other qualifications (if any) as the Director-General specifies in relation to that route having regard to any special difficulties of that route.

“(2.) The Director-General may grant an exemption from the requirements specified in paragraphs (a) and (b) of the last preceding sub-regulation subject to such conditions as he considers necessary in the interests of safety.

“(3.) An operator shall maintain a record of the routes for which each of his pilots is qualified in accordance with this regulation.

Route qualifications of pilot in command of a charter aircraft.

“215a. An operator shall not permit a pilot to act, and a pilot shall not act, in the capacity of pilot in command of an aircraft employed in charter operations unless the pilot is qualified for the particular route to be flown in accordance with the following requirements:—

(a)he shall have an adequate knowledge of the route to be flown, the aerodromes which are to be used and the designated alternate aerodromes, including a knowledge of—

(i) the terrain;

(ii) the seasonal meteorological conditions;

 

(iii) the meteorological, communication and air traffic facilities, services and procedures;

(iv) the search and rescue procedures; and

(v) the navigational facilities,

associated with the route to be flown; and

(b) if the flight is to be conducted under the Instrument Flight Rules, he shall have demonstrated cither in flight or by simulated means that he is proficient in the use of instrument approach-to-land systems which he may utilize in operations on that route.”.

21. After regulation 223a of the Air Navigation Regulations the following regulation is inserted:—

Pilot may manipulate propeller in certain eases.

“223b. Notwithstanding regulation 220 of these Regulations or the last preceding regulation, the pilot in command of an aircraft which requires an operating crew ofonly one pilot may manipulate the propeller of the aircraft for the purpose of starting the aircraft if—

(a) assistance is not readily available for that purpose;

(b) adequate provision is made to prevent the aircraft moving forward; and

(c) no person is on board the aircraft.”.

Weight and loading of aircraft at take-off, in flight and on landing.

22. Regulation 227 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulations:—

“(6.) The Director-General may, from time to time, give such directions in relation to the loading of aircraft as he considers necessary in the interests of safety.

“(7.) An aircraft shall not take off unless any directions of the Director-General under the last preceding sub-regulation which are applicable to the aircraft have been complied with.”.

Conditions of approval to take on and discharge passengers and cargo in Australian territory.

23. Regulation 261 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “and the charges to be made in respect thereof”.

24. After regulation 315b of the Air Navigation Regulations the following regulation is inserted:—

Damaged aircraft on movement area to be reported.

“315baa.—(1.) Where, as a result of damage sustained by an aircraft, the aircraft is left standing on the movement area of an aerodrome, the pilot in command shall forthwith report the fact that the aircraft is standing on the movement area of the aerodrome to the nearest air traffic control unit or radio communication station.

“(2.) A report under the last preceding sub-regulation shall be in addition to a notification or report required under Division 2 of Part XVI. of these Regulations.

“(3.) In this regulation, ‘radio communication station’ means a radio station established or authorized for the purpose of radio communication with aircraft and designated by the Director-General as a radio communication station in Aeronautical Information Publications.”.

 

Second Schedule.

25. Item 11 of the Second Schedule to the Air Navigation Regulations is amended by omitting the words in the fifth column andinserting in their stead the words—

“The area marked by a cross or crosses and by circular cones or flags coloured in alternate segments of contrasting colours or, where there are two crosses without such cones or flags, the area between the crosses, is unfit for the use of aircraft.”.

Third Schedule.

26. The Third Schedule to the Air Navigation Regulations is amended by omitting Items 2 and 4.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.