Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES.

1956, No. 16.

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 twenty-first

day of February, 1956.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Athol Townley

Minister of State for Civil Aviation

Amendments of the Air Navigation Regulations.ϯ

1. Regulation 3 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

Parts.

“3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-6).

Part II.—Administration and Organization (Regulations 7-13).

Division 1.—The Department of Civil Aviation (Regulations 7-11).

Division 2.—International Civil Aviation Organization (Regulations 12-13).

Part III.—Registration and Marking of Aircraft (Regulations 14-25a).

Division 1.—Registration of Aircraft (Regulations 14-20).

Division 2.—Marking of Aircraft (Regulations 22-25a).

Part IV.—Airworthiness Requirements (Regulations 26-47).

Division 1.—Preliminary (Regulation 26).

Division 2.—Certificates of Type Approval (Regulations 27-29).

Division 3.—Certificates of Airworthiness (Regulations 30-35).

Division 4.—International Operators (Regulations 36-37).

Division 5.—Approved Persons, Aircraft Maintenance Engineers and Approved Technicians (Regulations 38-44).

Division 6.—Maintenance (Regulations 46-47).

* Notified in the Commonwealth Gazette on 1st March, 1956.

Ϯ Statutory Rules 1947, No. 112, as amended by Statutory Ruels 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; and 1955, No. 29.

4260/55.—Price 8d.  9/17.1.56.

Part V.—Licences and Ratings of Operating Crew (Regulations 50-66).

Part VI.—Flying Schools and Training Organization (Regulations 68-70).

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

Part VIII.—Radio Apparatus (Regulations 79-81).

Part IX.—Aerodromes and Facilities and Services (Regulations 82-107).

Division 1.—Aerodromes, Air Routes and Airways (Regulations 82-91).

Division 1a.—Obstruction Clearing and Marking (Regulation 92).

Division 2.—Air Traffic Control (Regulations 93-97).

Division 3.—Meteorological Services (Regulations 98-100).

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

Division 5.—Aeronautical Information Service (Regulations 104-105).

Division 6.—Fares, Freights, Time-tables and Statistical Returns (Regulations 106-107).

Part X.—Conditions of Flight (Regulations 108-134b).

Division 1.—General (Regulations 108-123).

Division 2.—Flight Rules (Regulations 124-134b).

Part XI.—Rules of the Air (Regulations 136-162).

Division 1.—General (Regulations 136-139).

Division 2.—Operation on and in the Vicinity of Aerodromes (Regulations 141-147).

Division 3.—Visual Flight Rules (Regulations 148-153).

Division 4.—Instrument Flight Rules (Regulations 154-162).

Part XII.—Signals for the Control of Air Traffic (Regulations 163-190).

Division 1.—Aerodrome Traffic (Regulations 163-170).

Division 2.—Special Signals relating to Danger Areas, Prohibited Areas and Restricted Areas (Regulation 173).

Division 3.—Visual Signals between State Aircraft and other Aircraft in Flight (Regulation 175).

Division 4.—Emergency Signals (Regulations 176-179).

Division 5.—Lights to be Displayed by Aircraft and Lights and Markings to be Displayed on Mooring Cables (Regulations 180-190).

Part XIII.—Air Service Operations (Regulations 191-253).

Division 1.—Classification and Licensing of Operations (Regulations 191-204).

Division 2.—Requirements to ensure the Safety of Commercial Operations (Regulations 206aa-218).

Division 3.—Conduct of Operations (Regulations 218a-241).

Division 4.—General Provisions relating to the Operation of Aircraft (Regulations 242-253).

Part XIV.—International Flights and Air Services (Regulations 254-263).

Division 1.—Scheduled Air Services (Regulations 254-258).

Division 2.—Non-scheduled Flights (Regulations 259-263).

Part XV.—Suspension and Cancellation of, and Refusal to Issue or Renew, Licences and Certificates (Regulations 264-269j).

Part XVI.—Accident Inquiry (Regulations 270-297).

Division 1.—Preliminary (Regulation 270).

Division 2.—Notification (Regulations 271-274).

Division 3.—Custody, Protection and Removal of Aircraft (Regulations 275-277).

Division 4.—Accident Investigation (Regulations 278-283).

Division 5.—Accidents to Aircraft of Contracting States in Australian Territory (Regulation 284).

Division 6.—Accidents and Incidents outside Australian Territory (Regulations 285-286).

Division 7.—Boards of Accident Inquiry (Regulations 287-297).

Part XVII.—Penal Provisions and Prosecutions (Regulations 312-319).

Division 1.—Penal Provisions (Regulations 312-316).

Division 2.—Prosecutions (Regulations 317-319).

Part XVIII.—Evidence (Regulations 320-320a).

Part XIX.—Miscellaneous (Regulations 321-332).”.

Interpretation.

2. Regulation 5 of the Air Navigation Regulations is amended—

(a) by omitting from the definition of “airway facilities” in sub-regulation (1.) the words “the air traffic control service” and inserting in their stead the words “Air Traffic Control services and facilities”;

(b) by omitting from the definition of “ground visibility” in that sub-regulation the words “an approved observer” and inserting in their stead the words “a meteorological observer”;

(c) by omitting from the definition of “helicopter” in that sub-regulation the word “axis” and inserting in its stead the word “axes”; and

(d) by omitting from sub-regulation (4.) the words “by the International Civil Aviation Organization in pursuance of Article 37” and inserting in their stead the words “in pursuance”.

Application of Regulations.

3. Regulation 6 of the Air Navigation Regulations is amended—

(a) by omitting sub-regulations (1.), (2.) and (3.) and inserting in their stead the following sub-regulation:—

“(1.) Subject to these Regulations, these Regulations apply to and in relation to—

(a) international air navigation within Australian territory;

(b) air navigation in relation to trade and commerce with other countries and among the States;

(c) air navigation within the Territories;

(d) air navigation to or from the Territories; and

(e) air navigation in controlled airspace which directly affects, or which may endanger, the safety of persons or aircraft engaged in a class of air navigation specified in paragraphs (a), (b) or (d) of this sub-regulation.”;

(b) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“(5.) Subject to these Regulations, these Regulations do not apply to or in relation to state aircraft or to military aerodromes.”; and

(c) by omitting from sub-regulation (6) the words “a military aircraft” and inserting in their stead the words “an Australian military aircraft”.

Repeal of regulation 21.

4. Regulation 21 of the Air Navigation Regulations is repealed.

Type and measurements of letters for marks.

5. Regulation 24 of the Air Navigation Regulations is amended by omitting from sub-paragraph (ii) of paragraph (g) of sub-regulation (1.) the words “the vertical tail” and inserting in their stead the words “any vertical tail surface”.

Issue of certificate of type approval.

6. Regulation 28 of the Air Navigation Regulations is amended by omitting sub-regulation (3.).

Issue of certificate of airworthiness.

7. Regulation 30 of the Air Navigation Regulations is amended by omitting sub-regulation (3.).

Modification or repair of an aircraft, aircraft component or item of equipment.

8. Regulation 32 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “the last preceding Regulation” and inserting in their stead the words “regulation 31 of these Regulations”.

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

9. Regulation 38 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the word “design,”.

Repeal of regulation 45.

10. Regulation 45 of the Air Navigation Regulations is repealed.

Privileges and limitations according to the category of licence held.

11. Regulation 52 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (G.) the words “public transport aircraft” and inserting in their stead the words “charter aircraft”; and

(b) by omitting sub-regulations (7.) and (8.) and inserting in their stead the following sub-regulations:—

“(7.) A regular public transport aircraft shall not be flown by a person who is not the holder of a valid airline transport pilot licence appropriate to the duty

being performed in the aircraft, except that, where the Director-General so approves, a regular public transport aircraft operating in a minor or developmental regular public transport service may be flown by a pilot holding a commercial or a senior commercial pilot licence.

“(8.) Notwithstanding anything contained in the preceding provisions of this regulation or the last preceding regulation, a person may—

(a) fly, for the purpose of undergoing flight instruction by the holder of a valid flight instructor rating, an aerial work aircraft for a period not exceeding one hour, if accompanied by the flight instructor and if the flight instructor is satisfied that that person is able to understand instructions given in the English language and is capable of carrying out those instructions during the flight;

(b) if he has been granted a student pilot licence, fly—

(i) for the purpose of receiving practical flight instruction and increasing his skill to the standards required for the initial issue of a licence of a higher category, an aerial work aircraft used for flying training; or

(ii) for the purpose of qualifying for the renewal of a licence of a higher category which is no longer valid, a private aircraft or an aerial work aircraft; or

(c) if he has been granted a private pilot licence, fly—

(i) for the purpose of practising for the renewal of his private pilot licence, a private aircraft or an aerial work aircraft; or

(ii) for the purpose of increasing his skill to the standards required for the issue of an instrument rating or a commercial pilot licence, an aerial work aircraft used for flying training.”.

Licences or certificates issued by authorities outside the Commonwealth.

12. Regulation 66 of the Air Navigation Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “licence” (wherever occurring), the words “or certificate”;

(b) by omitting from that sub-regulation the words “flying Australian aircraft” and inserting in their stead the words “acting as a member of the flight crew of an Australian aircraft or operating aircraft radio apparatus in Australian territory”; and

(c) by omitting from sub-regulation (2.) the words “a licence” and inserting in their stead the words “, or for the purpose of operating aircraft radio apparatus in Australian territory, a licence or certificate”.

Repeal of regulation 67.

13. Regulation 67 of the Air Navigation Regulations is repealed.

Flying school licence.

14. Regulation 68 of the Air Navigation Regulations is amended by omitting sub-regulation (7.).

Ground instructors.

15. Regulation 70 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “aircraft radio operator” and inserting in their stead the words “radio operator”;

(b) by omitting from that sub-regulation the words “endorsed on” and inserting in their stead the words “endorsed in”; and

(c) by omitting sub-regulation (4.).

Maintenance of logs and log books.

16. Regulation 71 of the Air Navigation Regulations is amended by omitting paragraph (f) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(f) a signal log, but only where radiotelegraphy apparatus is used.”.

Requirements as to installation, maintenance and use.

17. Regulation 80 of the Air Navigation Regulations is amended by omitting from paragraph (e) of sub-regulation (1.) the words “issued under Part V. of these Regulations” and inserting in their stead the words “issued or rendered valid under Part V. of these Regulations or under the Wireless Telegraphy Regulations made in pursuance of the Wireless Telegraphy Act 1905-1950”.

Statistical returns.

18. Regulation 107 of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the words “the Commonwealth” and inserting in their stead the words “the Minister in pursuance of regulation 82 of these Regulations”.

Foreign state aircraft.

19. Regulation 111 of the Air Navigation Regulations is amended by omitting the words “foreign military aircraft” and inserting in their stead the words “state aircraft other than an Australian military aircraft”.

Director-General may specify forms to be completed by pilot and passengers of international aircraft.

20. Regulation 114a of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(4.) Where the Director-General or an authorized person so requires, a passenger of an aircraft arriving in, or departing from, any part of Australian territory shall produce his ticket for inspection.”.

Prohibited and restricted areas.

21. Regulation 116 of the Air Navigation Regulations is amended by omitting from sub-regulation (7.) the words “or of the last preceding sub-regulation”.

Danger areas.

22. Regulation 117a of the Air Navigation Regulations is amended by omitting from sub-regulation (5.) the words “the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (3.) of this regulation”.

23. After regulation 117a of the Air Navigation Regulations the following regulation is inserted:—

Flying training areas.

“117b.—(1.) For the purposes of flying training, the Director-General may—

(a) designate an area as a flying training area; and

(b) authorize low flying or acrobatic flying over a specified part of that area.

“(2.) Where the Director-General designates an area as a flying training area under the last preceding sub-regulation, he shall publish notification of the designation of the low flying area, including details of its boundaries and of the part of the area (if any) over which low flying or acrobatic flying is authorized, in Aeronautical Information Publications or, when the low flying area is of a temporary nature, in NOTAMS.

“(3.) An aircraft shall not fly over a flying training area—

(a) except for the purposes of flying training; or

(b) except with the approval of the Director-General and in accordance with such conditions as the Director-General considers necessary in the interests of safety and specifies.”.

Towing.

24. Regulation 125 of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the words “any provision of the rules” and inserting in their stead the words “the rules contained in the provisions of this Division and in the provisions of Parts XI. and XII. of these Regulations”.

Low flying.

25. Regulation 133 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “outside of the city” and inserting in their stead the words “outside the city”;

(b) by omitting from paragraph (b) of sub-regulation (3.) the word “hirer” and inserting in its stead the word “operator”; and

(c) by omitting paragraph (c) of that sub-regulation and inserting in its stead the following paragraph:—

“(c) the pilot of the aircraft is engaged in flying training and flies over a part of a flying training area in respect of which low flying is authorized by the Director-General under sub-regulation (1.) of regulation 117b of these Regulations;”.

Responsibility for compliance with rules of this Division.

26. Regulation 141 of the Air Navigation Regulations is amended by omitting the words “on and in” and inserting in their stead the words “on or in”.

Aerodromes at which the operation of aircraft is not restricted to runways.

27. Regulation 146 of the Air Navigation Regulations is amended by omitting from paragraph (a) the words “, is already landing or,” and inserting in their stead the words “or is about to land, or”.

Preventing collisions at sea.

28. Regulation 147 of the Air Navigation Regulations is amended by omitting from sub-regulation (4.) the words “Collision at Sea” and inserting in their stead the words “Collisions at Sea”.

V.F.R. weather conditions outside controlled airspace.

29. Regulation 150 of the Air Navigation Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Notwithstanding paragraph (b) of the last preceding sub-regulation, a V.F.R. flight may be conducted outside control areas and control zones—

(a) where flight visibility is greater than three miles and the aircraft is flown—

(i) at a height which is equal to or greater than 1,500 feet, but less than 3,000 feet, above the ground or water or at a height which is greater than 20,000 feet above the ground or water; and

(ii) at a distance equal to or greater than 2,000 feet horizontally and 500 feet vertically from cloud; or

(b) where the aircraft is flown at such height, and in accordance with such conditions, as the appropriate Air Traffic Control unit specifies.”.

Equipment of aircraft for I.F.R. flight.

30. Regulation 156 of the Air Navigation Regulations is amended by omitting from paragraph (b) of sub-regulation (2.) the word “aeroplane” and inserting in its stead the word “aircraft”.

Cruising levels for I.F.R. flights.

31. Regulation 162 of the Air Navigation Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) outside controlled airspace—at a cruising level appropriate to its magnetic track as specified in paragraph (b) of sub-regulation (1.) of regulation 150 of these Regulations or at a cruising level authorized for the flight by the appropriate Air Traffic Control unit.”.

Responsibility for complying with this part.

32. Regulation 164 of the Air Navigation Regulations is amended by omitting the words “on and in” and inserting in their stead the words “on or in”.

Description of signals.

33. Regulation 175 of the Air Navigation Regulations is amended—

(a) by omitting from paragraph (e) of sub-regulation (2.) the words “regulation (2.) of”;

(b) by omitting from paragraph (d) of sub-regulation (3.) the words “sub-regulation (2.) of”;

(c) by inserting in paragraph (a) of sub-regulation (4.), after the words “from a point”, the words “in front”;

(d) by omitting from paragraph (b) of sub-regulation (5.) the words “sub-regulation (2.) of”; and

(e) by omitting from that sub-regulation the words “or decision” and inserting in their stead the words “or a decision”.

Safety signal.

34. Regulation 179 of the Air Navigation Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulation:—

“(2.) The safety signal shall be sent before the call and—

(a) in the case of radiotelegraphy shall consist of three repetitions of the group TTT (---), sent with the letters of each group and the successive groups clearly separated from each other; and

(b) in the case of radiotelephony shall consist of the word ‘SECURITY’, repeated three times.”.

Heading to Division 5.

35. The heading to Division 5 of Part XII. of the Air Navigation Regulations is repealed and the following heading inserted in its stead:—

“Division 5.—Lights to be Displayed by Aircraft and Lights and Markings to be Displayed on Mooring Cables.”.

Compliance with rules as to lights.

36. Regulation 180 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “in all weathers during the period from sunset to sunrise” and inserting in their stead the words “at night”; and

(b) by omitting from sub-regulation (2.) the words “During such period” and inserting in their stead the words “At night and in conditions of poor visibility”.

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

37. Regulation 181 of the Air Navigation Regulations is amended—

(a) by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) Subject to the next succeeding sub-regulation, the lights specified in the last preceding sub-regulation may be either steady or flashing lights.

“(3.) In the case of such types or categories of aircraft as the Director-General specifies for the purpose in Air Navigation Orders, the lights specified in sub-regulation (1.) of this regulation shall be flashing lights.

“(3a.) Where the lights are flashing lights, the aircraft—

(a) shall display an additional flashing white light visible in all directions; and

(b) may display an additional flashing red rear light,

in accordance with such requirements as the Director-General, having regard to Annex 8 of the Convention, specifies in Air Navigation Orders.

“(3b.) The colour specifications and minimum and maximum intensities of the lights specified in sub-regulations (1.) and (3a.) of this regulation shall be such as the Director-General, having regard to Annex 8 of the Convention, specifies in Air Navigation Orders.”; and

(b) by omitting from sub-regulation (4.) the words “specified in sub-regulations (1.) and (2.)” and inserting in their stead the words “required to be displayed under the preceding provisions”.

Captive balloons and kites.

38. Regulation 187 of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the word “sub-regulations” and inserting in its stead the word “sub-regulation”.

Moored airships.

39. Regulation 190 of the Air Navigation Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the words “sub-regulation (2.) of regulation 187” and inserting in their stead the words “sub-regulations (1.) and (2.) of regulation 187”.

Conditions of issue for certain licences.

40. Regulation 199 of the Air Navigation Regulations is amended—

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

“(2.) Where the proposed service is an interstate service, the Director-General shall issue an aerial work, charter or airline licence, as the case requires, unless the applicant has not complied with, or has not established that he is capable of complying during the currency of the licence with, the provisions of these Regulations, or of any direction or order given or made under these Regulations, relating to the safety of the operations.”; and

(b) by omitting from sub-regulation (5.) the words “sub-regulations (2.) and (3.)” and inserting in their stead the words “sub-regulation (3.)”.

Duration, renewal and review of licences.

41. Regulation 200 of the Air Navigation Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The Director-General may—

(a) refuse to renew a licence issued under this Division;

(b) renew such a licence upon conditions (whether contained in the licence to be renewed or not); or

(c) vary at any time the conditions upon which such a licence has been issued or renewed,

if the refusal, or the imposition of the conditions as added or varied, as the case may be, would be within his powers in dealing with an application for the issue of a licence for the operations.”.

Arrangement under which service may be operated by person other than licensee.

42. Regulation 201 of the Air Navigation Regulations is amended by omitting the words “an airline licence” and inserting in its stead the words “an aerial work, charter or airline licence”.

Repeal of regulation 205.

43. Regulation 205 of the Air Navigation Regulations is repealed.

Flight time records.

44. Regulation 213 of the Air Navigation Regulations is amended by omitting the words “his or its operating crews of aircraft” and inserting in their stead the words “the operating crews employed by him”.

Route qualifications of pilot in command.

45. Regulation 215 of the Air Navigation Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The requirements specified in paragraphs (d), (e) and (f) of sub-regulation (1.) of this regulation do not apply in a case where the aerodrome is equipped with an approved localizer system and has approach procedures identical with those which the pilot has demonstrated his competency to perform.”.

Starting up aircraft engines.

46. Regulation 223a of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the word “propellor” and inserting in its stead the word “propeller”.

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

47. Regulation 227 of the Air Navigation Regulations is amended—

(a) by inserting in sub-regulation (3.), after paragraph (a), the following paragraph:—

“(aa) the altitude of the aerodrome of take-off or landing;”; and

(b) by omitting from paragraph (d) of that sub-regulation the words “an area specified in Air Navigation Orders” and inserting in their stead the words “the area”.

Flight plans and flight details.

48. Regulation 232 of the Air Navigation Regulations is amended by omitting from sub-regulation (4.) the words “Air Navigation Orders” (wherever occurring) and inserting in their stead the words “Aeronautical Information Publications or in NOTAMS”.

Testing of radio apparatus.

49. Regulation 233 of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the words “, in pursuance of regulation 80 of these Regulations,” and inserting in their stead the words “by a person licensed or approved for the purpose”.

Smoking in aircraft.

50. Regulation 246 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

“246.—(1.) A person shall not smoke—

(a) in a part of an aircraft in which a notice is permanently displayed indicating that smoking is prohibited at all times or without specifying a period during which smoking is prohibited;

(b) anywhere in an aircraft during take-off, landing or refuelling or during a period—

(i) in which a notice is temporarily displayed indicating that smoking is prohibited; or

(ii) which is specified in a permanently displayed notice as a period during which smoking is prohibited; or

(c) in a berth of a sleeper aircraft.

“(2.) The owner or operator of an aircraft and the pilot in command shall ensure—

(a) that provision is made in the aircraft by which a notice indicating that smoking is prohibited may be displayed during the periods when smoking is prohibited or, where the permission of the Director-General has been obtained, that a notice is permanently displayed in the aircraft specifying the periods during which smoking is prohibited; and

(b) that a notice indicating that smoking is prohibited at all times or without specifying a period during which smoking is prohibited is displayed—

(i) in such parts of the aircraft as are specified for the purpose in the aircraft’s certificate of airworthiness or flight manual; and

(ii) in the case of a sleeper aircraft, in each of the berths of the aircraft.

“(3.) The pilot in command of an aircraft shall, except where the permission of the Director-General has been obtained under paragraph (a) of the last preceding sub-regulation for the display of a permanent notice, ensure that the notice indicating that smoking is prohibited is displayed—

(a) during take-off, landing and refuelling;

(b) during such periods as are specified for the purpose in the aircraft’s certificate of airworthiness or flight manual; and

(c) during a period in which he considers that smoking should be prohibited in the interests of safety.

“(4.) A notice required to be displayed in pursuance of this regulation shall be legible and shall be displayed in a conspicuous place.”.

Fixed balloons and kites.

51. Regulation 251 of the Air Navigation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Notwithstanding anything contained in regulation 133 of these Regulations, a fixed balloon or kite may be flown at a height not exceeding 300 feet, but a fixed balloon or kite shall not be flown within two miles of an aerodrome or at a height in excess of 300 feet except with the express permission of the Director-General and in accordance with the terms of that permission.”.

Freedoms of the air.

52. Regulation 257 of the Air Navigation Regulations is amended—

(a) by omitting the words “regulations 114 and 115 of”; and

(b) by omitting from paragraph (a) the words “its territory” and inserting in their stead the words “Australian territory”.

Suspension or cancellation of licences.

53. Regulation 258 of the Air Navigation Regulations is amended by omitting from paragraph (a) the words “the nationals” and inserting in their stead the word “nationals”.

Suspension pending, or consequential upon, re-examination.

54. Regulation 264 of the Air Navigation Regulations is amended by inserting in sub-regulation (1.), after the word “under”, the words “regulation 43 or”.

Application for consideration by Board of Review.

55. Regulation 269a of the Air Navigation Regulations is amended by inserting in sub-regulation (1.), after the word “under”(first occurring), the words “sub-regulation (2.) of”.

Suspension and cancellation of ratings and refusal to issue or renew licences or certificates.

56. Regulation 269j of the Air Navigation Regulations is amended by omitting from sub-regulation (3.) the word “public”.

Removal of or interference with aircraft.

57. Regulation 275 of the Air Navigation Regulations is amended by inserting in sub-regulation (3.), after the words “purpose of any”, the words “investigation or”.

Aircraft, &c., of Contracting State to remain undisturbed on request.

58. Regulation 276 of the Air Navigation Regulations is amended by inserting in sub-regulation (2.), after the words “restricted or prohibited area”, the words “(including a temporarily restricted or prohibited area)”.

Witnesses.

59. Regulation 281 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1a.) the words “in pursuance of this regulation” and inserting in their stead the words “as a witness at an investigation”; and

(b) by omitting from that sub-regulation the words “liability under the regulation” and inserting in their stead the word “obligation”.

Investigations and inquiries into accidents to aircraft of Contracting States.

60. Regulation 284 of the Air Navigation Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the word “send” and inserting in its stead the word “appoint”.

Protection of Chairman and assessors.

61. Regulation 296 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “this duties” and inserting in their stead the words “his duties”.

Offences.

62. Regulation 312 of the Air Navigation Regulations is amended by omitting from sub-regulation (7.) the words “, so that the safety of an aircraft or its passengers or crew is likely to be imperilled by that negligence or failure,”.

Stationary aircraft within precincts of an aerodrome.

63. Regulation 315b of the Air Navigation Regulations is amended—

(a) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) An aircraft which is not certified as airworthy shall not, without the permission in writing of the Director-General, be left standing for a period exceeding twelve weeks in an area that the Director-General designates as an area for the parking of aircraft.”; and

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

“(3.) Where an aircraft has been left standing in contravention of this regulation, the Director-General may, bynotice in writing served on the owner of the aircraft, direct the owner—

(a) to remove the aircraft from the aerodrome; or

(b) except in the case of a contravention of sub-regulation (1a.) of this regulation, to remove the aircraft to an area designated by the Director-General for the parking of aircraft,

within such time as is specified in the notice.”.

Parking of vehicles within precincts of an aerodrome.

64. Regulation 315c of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

“315c.—(1.) The Director-General may—

(a) designate areas within the precincts of an aerodrome as areas in which vehicles or vehicles included in a particular class of vehicles may be left standing; and

(b) specify the length of time during which a vehicle may be left standing in an area so designated.

“(2.) Where the Director-General designates an area under the last preceding sub-regulation, he shall, by means of such signs and notices placed about the area as he considers necessary, indicate—

(a) the area and its boundaries;

(b) the vehicles which may be left standing in the area; and

(c) the length of time during which a vehicle may be left standing in the area.

“(3.) A person shall not leave a vehicle standing within the precincts of an aerodrome in a place other than an area designated by the Director-General under sub-regulation (1.) of this regulation as an area in which all vehicles or vehicles of a class in which the vehicle is included may be left standing.

“(4.) A person shall not leave a vehicle standing in an area designated by the Director-General under sub-regulation (1.) of this regulation for a length of time exceeding that specified by the Director-General as the length of time during which a vehicle may be left standing in the area.

“(5.) Where a vehicle is left standing in contravention of this regulation, an authorized person may direct the person who appears to be in control of the vehicle to remove the vehicle from the precincts of the aerodrome or to an area designated by the Director-General under sub-regulation (1.) of this regulation as an area in which all vehicles or vehicles of a class in which the vehicle is included may be left standing.

“(6.) A person to whom a direction is given under the last preceding sub-regulation shall comply with the direction.

“(7.) Where a vehicle is left standing in contravention of this regulation and—

(a) the person who appears to be in control of the vehicle does not comply with a direction given to him under sub-regulation (5.) of this regulation; or

(b) the vehicle is not attended by a driver,

an authorized person may, with such assistance (if any) as he requires, remove the vehicle from the precincts of the aerodrome or to an area designated by the Director-General under sub-regulation (1.) of this regulation as an area in which all vehicles or vehicles of a class in which the vehicle is included may be left standing.

“(8.) It is a defence to a prosecution for an offence against sub-regulation (3.) of this regulation if the defendant establishes that the vehicle was left standing—

(a) for the purpose of setting down a passenger and his luggage (if any) and the time during which the vehicle was so left standing did not exceed a time that was reasonable for that purpose; or

(b) for the purpose of taking up a passenger and his luggage (if any) and the time during which the vehicle was so left standing did not exceed fifteen minutes or such shorter time as was reasonable for that purpose.

“(9.) In this regulation, ‘aerodrome’ means an aerodrome established under regulation 82 of these Regulations.”.

Heading to Part XVIII.

65. The Air Navigation Regulations are amended by inserting, after regulation 319, the following heading:—

“Part XVIII.—Evidence.”.

Evidence.

66. Regulation 320 of the Air Navigation Regulations is amended by omitting from sub-regulation (4.) the words “In a prosecution for an offence against these Regulations, in any proceedings for the recovery of moneys payable under these Regulations” and inserting in their stead the words “In all courts”.

Heading to Part XIX.

67. The Air Navigation Regulations are amended by omitting the words—

“Part XVIII.—Miscellaneous.”

and inserting in their stead the words—

“Part XIX.—Miscellaneous.”.

Surrender of documents.

68. Regulation 323 of the Air Navigation Regulations is amended by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulation:—

“(1.) The holder of a licence, certificate or other document issued under these Regulations, or a person having the custody of a licence, certificate or other document issued under these Regulations, shall, if the Director-General by notice in writing so requires, surrender the licence, certificate or document to the Director-General within such time as is specified in the notice.”.

69. Regulation 329 of the Air Navigation Regulations is repealed and the following regulations inserted in its stead:—

Fees.

“329. The fees specified in column 3 of the Third Schedule to these Regulations are payable in respect of the respective matters in column 2 of that Schedule opposite to which they are specified.

Exemption of certain aircraft from specified provisions of these Regulations.

“329a.—(1.) Notwithstanding anything contained in these Regulations, the Director-General may, by notification in Air Navigation Orders, exempt balloons, gliders, helicopters, model pilotless aircraft or such other types or categories of aircraft as he specifies from compliance with such provisions of these Regulations as he specifies.

“(2.) The Director-General may, in exempting a type or category of aircraft under the last preceding sub-regulation, specify in the notification such conditions to be complied with by aircraft of that type or category as he considers necessary in the interests of safety, and aircraft of such type or category shall comply with the conditions so specified.”.

Powers of pilot in command.

70. Regulation 330 of the Air Navigation Regulations is amended by omitting from paragraph (b) the words “sub-regulation (1.) of regulation 114 of”.

Third Schedule.

71. The Air Navigation Regulations are amended by adding at the end thereof the following Schedule:—

THIRD SCHEDULE.

Regulation 329.

FEES.

 

Item No.	Matter.	Fee.
1.	For each certificate given under regulation 320 of these Regulations where the applicant is a person other than the Crown or a person acting on behalf of the Crown	Five shillings
2.	For each issue, endorsement, renewal or validation of a licence, certificate (other than a certificate under regulation 320 of these Regulations), permit, authority or other document under these Regulations	Such amount (if any) as the Director-General, having regard to the expenses of the Commonwealth—
(a) in connexion with the issue, endorsement, renewal or validation; and
(b) in the case of a licence or certificate—in providing services to the licensee or certificate holder during the currency of the licence or certificate, specifies in Air Navigation Orders
3.	For each theoretical examination or practical test of skill for the purpose of qualifying for a licence, certificate or rating under Division 5 of Part IV., or under Part V., of these Regulations	Such amount (if any) not exceeding One pound one shilling as the Director-General specifics in Air Navigation Orders
4.	For each inspection or test (including other necessary work) carried out for the purpose of a certificate in respect of an aircraft, aircraft component or item of equipment (including radio apparatus) under these Regulations	Such amount (if any) as the Director-General, having regard to the expenses of the Commonwealth in connexion with the inspection or test (including other necessary work), specifies in Air Navigation Orders

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