Air Navigation Regulations (Amendment) (Cth)
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1950.*
Dated this twenty-sixth day of March, 1954.
W. J. Slim
Governor-General.
By His Excellency’s Command,
for and on behalf of … Minister of State for Civil Aviation.
Amendments of the Air Navigation Regulations.
1. Regulation 3 of the Air Navigation Regulations is amended by omitting the words—
“
2. Regulation 5 of the Air Navigation Regulations is amended—(
a ) by omitting from sub-regulation (1.) the definition of “Aerodrome Control”;(
b ) by omitting from that sub-regulation the definitions of “air traffic clearance”, “Air Traffic Control” and “air traffic control instructions” and inserting in their stead the following definitions:—“‘Air Traffic Control’ means a service established by the Minister in pursuance of regulation 93 of these Regulations;
“‘air traffic control clearance’ means authorization by an Air Traffic Control unit for an aircraft to proceed under conditions specified by that Air Traffic Control unit;
“‘air traffic control instructions’ means directions issued by an Air Traffic Control unit for an aircraft to conduct its flight in the manner specified by that Air Traffic Control unit;”;
* 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; and 1953, No. 44.
3209.—Price 1s. 10/17.12.1953.
(
c ) by omitting from that sub-regulation the definition of “alternate aerodrome” and inserting in its stead the following definition:—“‘alternate aerodrome’ means an aerodrome specified in the flight plan to which a flight may proceed when it becomes inadvisable to land at the aerodrome of intended landing;”;
(
d ) by omitting from that sub-regulation the definition of “altitude” and inserting in its stead the following definition:—“‘altitude’ means the vertical distance of a level or a point, or an object considered as a point, measured from mean sea level;”;
(
e ) by omitting from that sub-regulation the definitions of “Approach Control” and “area control”;(
f ) by inserting in that sub-regulation, after the definition of “cargo”, the following definition:—“‘ceiling’ means the height above the ground or water of the base of the lowest layer of cloud below twenty thousand feet covering more than one-half of the sky;”;
(
g ) by omitting from that sub-regulation the definitions of “control area” and “control zone” and inserting in their stead the following definitions:—“‘control area’ means an airspace extending upwards from a specified height above the surface of the earth designated by the Director-General in pursuance of regulation 95 of these Regulations;
“‘control zone’ means an airspace extending upwards from the surface of the earth, designated by the Director-General in pursuance of regulation 95 of these Regulations;
“‘controlled aerodrome’ means an aerodrome and the airspace in its vicinity designated by the Director-General in pursuance of regulation 95 of these Regulations;
“‘controlled airspace’ means an airspace or an aerodrome and the airspace in its vicinity designated by the Director-General, in pursuance of regulation 95 of these Regulations;”;
(
h ) by omitting from that sub-regulation the definition of “cruising altitude” and inserting in its stead the following definitions:—“‘cruising level’ means a level maintained during a significant portion of a flight;
“‘current flight plan’ means the flight plan, with any changes brought about by subsequent air traffic control clearances and air traffic control instructions;
“‘danger area’ means an area designated by the Director-General in pursuance of regulation 117a of these Regulations;”;
(
i ) by omitting from that sub-regulation the definition of “elevation” and inserting in its stead the following definition:—“‘elevation’ means the vertical distance of a point or a level on or affixed to the surface of the earth, measured from mean sea level;”;
(
j ) by inserting in that sub-regulation, after the definition of “ground visibility”, the following definition:—“‘heading’ means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic or compass);”;
(
k ) by omitting from that sub-regulation the definition of “height” ;(
l ) by inserting in that sub-regulation, after the definition of “helicopter”, the following definition:—“‘horizontal plane’ in relation to an aeroplane, means the plane containing the longitudinal axis and perpendicular to the plane of symmetry of the aeroplane;”;
(
m ) by inserting in that sub-regulation, after the definition of “I.F.R. operation”, the following definition:—“‘I.F.R. weather conditions’ means weather conditions of such a nature that flight in compliance with the Visual Flight Rules prescribed in Division 3 of Part XI. of these Regulations is precluded;”;
(
n ) by omitting from the definition of “instrument approach procedure” in that sub-regulation the word “altitude” and inserting in its stead the word “level”;(
o ) by omitting from the definition of “landing area” in that sub-regulation the word “movement” and inserting in its stead the word “manœuvring”;(
p ) by inserting in that sub-regulation, after the definition of “meteorological report”, the following definition:—“‘mile’ means nautical mile (6,080 feet);”;
(
q ) by inserting in that sub-regulation, after the definition of “the Minister”, the following definition:—“‘track’ means the projection on the earth’s surface of the path of an aircraft, the direction of which at any point is usually expressed in degrees from North (true or magnetic);”;
(
r ) by omitting from the definition of “traffic pattern” in that sub-regulation the word “movement” and inserting in its stead the word “manœuvring”;(
s ) by inserting in that sub-regulation, after the definition of “traffic pattern”, the following definition:—“‘vertical plane’, in relation to an aeroplane, means a plane perpendicular to the horizontal plane;”;
(
t ) by inserting in that sub-regulation, after the definition of “V.F.R. operation”, the following definition:—“‘V.F.R. weather conditions’ means weather conditions of such a nature that flight may be conducted in compliance with the Visual Flight Rules prescribed in Division 3 of Part XI. of these Regulations;”;
(
u ) by omitting from paragraph (c ) of sub-regulation (3.) the words “‘not under control’ when it is unable” and inserting in their stead the words “‘under command’ when it is able”;(
v ) by inserting in paragraph (d ) of that sub-regulation, after the words “it is not”, the words “aground or”; and(
w ) by inserting at the end thereof the following sub-regulation:—“(7.) A reference in those Regulations to height shall be read as a reference to—
(
a ) the vertical distance of a level or a point, or if an object is specified, that object considered as a point, measured from the datum specified in connexion with the reference, or where no datum is specified, measured from the ground or water; or(
b ) the vertical dimension of an object,as the case requires.”.
3. Regulation 6 of the Air Navigation Regulations is amended—(
a )by omitting from sub-regulation (2.) the figures “104,”; and(
b ) by inserting in sub-regulation (5.), before the word “Royal”, the words “Royal Australian Navy and”.
4. Regulation 9 of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the words “The information” and inserting in their stead the words “Subject to these Regulations, the information”.
5. Regulation 52 of the Air Navigation Regulations is amended—(
a ) by omitting from paragraph (a ) of sub-regulation (8.) the word “or” (second occurring); and(
b ) by inserting, after that paragraph, the following paragraph:—“(
aa ) fly, for the purpose of undergoing flight instruction by the holder of a valid flight instructor rating, a private aircraft or 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; or”.
6. Regulation 78a of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the word “courses” (wherever occurring) and inserting in its stead the word “headings”.
7. Regulation 86 of the Air Navigation Regulations is amended by inserting, before the word “Royal”, the words “Royal Australian Navy and”.
8. Division 2 of Part IX. of the Air Navigation Regulations is repealed and the following Division inserted in its stead:—
“
“93. The Minister may establish, maintain and operate a service, which shall be known as ‘Air Traffic Control’.
“94.—(1.) The functions of Air Traffic Control shall be—
(
a )the prevention of collisions between aircraft, and, on the manœuvring area, between aircraft and obstructions;(
b ) expediting and maintaining an orderly flow of air traffic;(
c ) the provision of such advice and information as may be useful for the safe and efficient conduct of flights;(
d ) the control of the movements of aircraft in order to ensure the safety of aircraft operations; and(
e ) notifying appropriate organizations regarding aircraft known to be or believed to be in need of search and rescue aid and assisting those organizations as required.“(2.) The Director-General may, by means of Air Navigation Orders or NOTAMS, as the case requires, give such instructions and directions on matters within the functions of Air Traffic Control as he considers necessary.
“95.—(1.) The Director-General may designate—
(
a ) airspace extending upwards from a specified height above the surface of the earth as a control area;(
b ) airspace extending upwards from the surface of the earth as a control zone; and(
c ) an aerodrome and the airspace in its vicinity as a controlled aerodrome,and a control area, control zone or controlled aerodrome so designated is a controlled airspace.
“(2.) When the Director-General designates a controlled airspace he shall publish notification of the designation of the controlled airspace, including details of its boundaries, in Air Navigation Orders or, where the controlled airspace is of a temporary nature, in NOTAMS.
“96.—(1.) An aircraft shall comply with air traffic control instructions.
“(2.) Subject to the next succeeding sub-regulation, an aircraft shall not—
(
a ) enter or leave a controlled airspace;(
b ) operate in a controlled airspace; or(
c ) operate outside a controlled airspace in the course of a diversion out of that controlled airspace at the direction of the appropriate Air Traffic Control unit,except in accordance with an air traffic control clearance in respect of the movement of the aircraft.
“(3.) If an emergency arises that necessitates a deviation from the requirements of an air traffic control clearance in the interests of safety, the pilot in command may make such deviation as is necessary but shall forthwith inform the appropriate Air Traffic Control unit of the deviation.
“(4.) The pilot in command of an aircraft is responsible for compliance with air traffic control clearances and air traffic control instructions.”.
9. Division 5 of Part IX. of the Air Navigation Regulations is repealed.
10. Regulation 106 of the Air Navigation Regulations is amended by omitting sub-regulation (7.).
11. Regulation 116 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“116.—(1.) For reasons of military necessity or public safety, the Minister may, by notice in the
Gazette , declare an area of Australian territory, specified in the notice by reference to its boundaries, to be a prohibited area or a restricted area.“(2.) An aircraft shall not—
(
a ) fly over a prohibited area; or(
b ) unless it is of a class of aircraft specified by the Director-General under sub-regulation (4.) of this regulation, fly over a restricted area in contravention of the conditions specified in the next succeeding sub-regulation.“(3.) A flight of an aircraft, over a restricted area shall be subject to the following conditions:—
(
a ) The permission of the Director General shall be obtained where the flight is other than the flight of a regular public transport aircraft or whore the aircraft is not equipped with approved radio apparatus.(
b ) The pilot in command shall, if the aircraft is fitted with radio apparatus capable of so doing, furnish to the nearest Air Traffic Control unit reports of the position of the aircraft at each interval of thirty minutes during the time for which he is over the area.(
c ) An aircraft engaged in charter, aerial work or private operations shall fly on a route on which a regular public transport service is licensed to operate or, if authorized to fly over another specified route, on the route so specified.(
d ) Except through stress of weather or other unavoidable cause, a regular public transport aircraft shall not fly off the route on which the regular public transport service is licensed to operate.(
e ) Where, through stress of weather or other unavoidable cause, it is necessary to depart from a route authorized by or under this sub-regulation, the pilot in command of the aircraft shall furnish forthwith to the nearest acradio station of the Department complete details of the time and extent of the departure and his intentions regarding the further conduct of the flight.(
f ) Where a departure from a route authorized by or under this sub-regulation has been made, the pilot in command of the aircraft shall fly the aircraft back to the route as soon as possible.“(4.) The Director-General may specify in Air Navigation Orders classes of aircraft which may conduct flights over restricted areas without complying with, the conditions specified in the last preceding sub-regulation.
“(5.) The pilot in command of an aircraft of a class specified by the Director-General under the last preceding sub-regulation shall—
(
a ) inform the Director-General, whenever practicable, before commencing a proposed flight over a restricted area; and(
b ) immediately on the completion of a flight over a restricted area, furnish to the Director-General details of the flight, including the identification of the aircraft and its type, the place of departure, the destination, any intermediate stops, the route followed and the times of departure from and arrival at each aerodrome or other stopping place, and the names, addresses and occupations of all persons carried on the flight.“(6.) A person shall not have in his possession, carry or use a camera or other photographic apparatus or material while in or passing over a restricted area and the pilot in command of an aircraft that flies over a restricted area shall ensure that photographic apparatus or material is not carried or used in contravention of this sub-regulation.
“(7.) If the pilot in command of an aircraft finds that the aircraft is over a prohibited area, or is over a restricted area in contravention of sub-regulation (2.) of this regulation or of the last preceding sub-regulation, he shall—
(
a ) immediately have the aircraft flown to a position where it is not over the area;(
b ) as soon as possible report the circumstances to the nearest Air Traffic Control unit; and(
c ) effect a landing at such airport as is designated by the Air Traffic Control unit and, for that purpose, comply with instructions given by the Air Traffic Control unit as to the movement of the aircraft.“(8.) As soon as possible after the declaration of a prohibited area or of a restricted area, the Director-General shall communicate to the International Civil Aviation Organization and to Contracting States the extent and location of the area.”.
12. After regulation 117 of the Air Navigation Regulations the following regulation is inserted:—
“117a.—(1.) For the purposes of the safety of aircraft, the Director-General may declare to be a danger area any areawithin or over which there may exist activities constituting a potential danger to aircraft flying over it.
“(2.) Where the Director-General declares a danger area in pursuance of the last preceding sub-regulation he shall publish notification of the declaration of the danger area, including details of its boundaries, in Air Navigation Orders or, when the danger area is of a temporary nature, in NOTAMS.
“(3.) Where an area is declared to be a danger area, the Director-General may, by notification in Air Navigation Orders, or, when the danger area is of a temporary nature, in NOTAMS—
(
a ) restrict the flight of aircraft over that danger area to aircraft included in such classes of aircraft as he specifies in the notification;(
b ) direct that the flight of those aircraft be conducted at such times, at such heights and in such manner as he specifies in the notification; or(
c ) prohibit the flight over that danger area of aircraft included in such classes of aircraft as he specifics in the notification.“(4.) An aircraft shall not fly over a danger area in contravention of a notification issued in pursuance of the last preceding subregulation.
“(5.) If the pilot in command of an aircraft finds that the aircraft is over a danger area in contravention of a notification issued in pursuance of the last preceding sub-regulation, he shall—
(
a ) immediately have the aircraft flown to a position where it is not over the area;(
b ) as soon as possible report the circumstances to the nearest Air Traffic Control unit; and(
c ) effect a landing at such aerodrome as is designated by the Air Traffic Control unit and, for that purpose, obey any instructions given by the Air Traffic Control unit as to the movement of the aircraft.”.
13. Regulation 131 of the Air Navigation Regulations is amended by omitting from paragraph (a ) of sub-regulation (3.) the words “an altitude” and inserting in their stead the words “a height”.
14. Regulation 133 of the Air Navigation Regulations is amended—(
a ) by omitting from sub-regulation (1.) the words “an altitude” (wherever occurring) and inserting in their stead the words “a height”;(
b ) by omitting from sub-regulation (2.) the word “altitude” (wherever occurring) and inserting in its stead the word “height”;(
c ) by omitting from sub-regulation (2a.) the words “An altitude” and inserting in their stead the words “A height”;(
d ) by omitting from that sub-regulation the word “altitude” (second occurring) and inserting in its stead the word “height”; and(
e ) by omitting from sub-regulation (3.) the word “altitude” (wherever occurring) and inserting in its stead the word “height”.
15. Regulation 134 of the Air Navigation Regulations is repealed.
16. After regulation 134a of the Air Navigation Regulations the following regulation is inserted:—
“134b.—(1.) If a radio failure precludes compliance with the last preceding regulation and regulation 234 of those Regulations, the pilot in command of an aircraft shall—
(
a ) if in V.F.R. weather conditions—(i) continue to fly in V.F.R. weather conditions and land at the most suitable aerodrome; and
(ii) report the aircraft’s position and the circumstances to the appropriate Air Traffic Control unit as soon as possible; or
(
b ) if in I.F.R. weather conditions or when weather conditions are such that it does not appear possible to complete the flight in accordance with paragraph (a) of this sub-regulation—(i) proceed in accordance with the current flight plan, maintaining the minimum safe cruising level or the last acknowledged assigned cruising level, whichever is higher, to the aerodrome of intended landing;
(ii) arrange the flight so as to arrive as closely as possible to his estimated time of arrival; and
(iii) commence descent as closely as possible to the expected approach time last received and acknowledged or, if no expected approach time has been received and acknowledged, as closely as possible to the estimated time of arrival specified in the current flight plan.
“(2.) In this regulation, the ‘most suitable aerodrome’ means the nearest aerodrome suitable for the operation of the aircraft and at which radio, telephonic or telegraphic communication facilities are available for reporting the aircraft’s position to an Air Traffic Control unit.”.
17. Regulation 137 of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the word “course” and inserting in its stead the word “heading”.
18. Regulation 138 of the Air Navigation Regulations is amended—(
a ) by omitting from sub-regulation (1.) the word “courses” and inserting in its stead the word “headings”;(
b ) by omitting from that sub-regulation the word “altitude” and inserting in its stead the word “height”;(
c ) by omitting from sub-regulation (2.) the words “it course” and inserting in their stead the words “its heading”;(
d ) by omitting from sub-regulation (3.) the word “course” and inserting in its stead the word “heading”;(
e ) by omitting from sub-regulation (5.) the words “higher altitude” and inserting in their stead the words “greater height”; and(
f ) omitting from that sub-regulation the words “lower altitude” and inserting in their stead the words “lesser height”.
19. Regulation 142 of the Air Navigation Regulations is amended by omitting sub-regulation (2.).
20. Regulation 143 of the Air Navigation Regulations is amended by omitting paragraph (f ) and inserting in its stead the following paragraph:—“(
f ) after take-off, not alter heading from the take-off heading at a height less than 500 foot above the terrain unless Air Traffic Control directs the alteration or unless the alteration is necessary due to the terrain.”.
21. Regulation 144 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“144. At controlled aerodromes, the pilot in command of an aircraft forming part of the aerodrome traffic shall—
(
a ) maintain a continuous listening watch on the radio frequency authorized for aerodrome control communications or approach control communications, whichever is appropriate, or, if this is not possible, keep a watch for instructions which may be issued by visual signals; and(
b ) obtain, either by radio or visual signals, prior authorization for any manoeuvre preparatory to or associated with taxi-ing, landing or taking-off.”.
22. Regulation 147 of the Air Navigation Regulations is amended by omitting sub-regulations (4.) and (5.) and inserting in their stead the following sub-regulations:—“(4.) Notwithstanding anything contained in the International Regulations for Preventing Collision at Sea, aircraft shall observe the following rules with respect to other aircraft and vessels:—
(
a ) When aircraft, or an aircraft and a vessel are approaching one another and there is a risk of collision, the aircraft shall proceed with careful regard to existing circumstances and conditions including the limitations of the respective craft.(
b ) An aircraft which is converging with another aircraft or a vessel on its right shall give way so as to keep well clear of that aircraft or vessel.(
c ) An aircraft approaching another aircraft or a vessel head-on, or approximately head-on, shall alter its heading to the right so as to keep well clear of that aircraft or vessel.(
d ) An aircraft or vessel which is being overtaken has the right of way, and the one overtaking shall alter its heading to keep well clear of the aircraft or vessel being overtaken.“(5.) At a water aerodrome which is a controlled aerodrome, the following additional rules shall apply:—
(
a ) An aircraft shall not take-off or alight unless the alighting area has been swept and is known to be clear of floating debris dangerous to the navigation of the aircraft except that, in an emergency, an aircraft may land in the safest part of the alighting area without delay.(
b ) The pilot in command of an aircraft shall ensure that operations are conducted on the swept part of a water aerodrome by commencing his take-off or landing run from such a position that the control launch is on his left at no greater distance than seventy-five yards.“(6.) At a water aerodrome which is a controlled aerodrome, the swept part of an alighting area shall be indicated by the control launch which shall take up position at the leeward and on the left side of the area and shall head into the direction of an aircraft taking-off or landing.”.
23. Division 3 of Part XI. of the Air Navigation Regulations is repealed and the following Division inserted in its stead:—
“
“148.—(1.) A flight conducted in accordance with the provisions of this Division is classed as a flight under the Visual Flight Rules.
“(2.) Where an aircraft cannot be flown in accordance with the Visual Flight Rules, the pilot in command shall comply with the Instrument Flight Rules contained in Division 4 of this Part or land at the nearest suitable aerodrome.
“149.—(1.) Subject to this regulation and to regulation 151 of these Regulations, a V.F.R. flight may be conducted in controlled airspace in weather conditions where flight visibility is not less than three miles if the aircraft is flown at a distance equal to or greater than 2,000 feet horizontally and 500 foot vertically from cloud.
“(2.) A V.F.R. flight shall not be conducted in a control zone if the ground visibility is less than three miles or if the ceiling is less than 1,000 feet, except when authorized by the appropriate Air Traffic Control unit.
“150.—(1.) Subject to the next succeeding regulation, a V.F.R. flight may be conducted outside controlled airspace at a height less than 1,500 feet above the ground or water if flight visibility is equal to or greater than one mile and the aircraft is flown clear of clouds and in sight of the ground or water.
“(2.) A V.F.R. flight may be conducted outside controlled airspace at a height equal to or greater than 1,500 feet above the ground or water if—
(
a ) flight visibility is equal to or greater than one mile and the aircraft is flown at a distance equal to or greater than 2,000 feet horizontally or 500 foot vertically from cloud; and(
b ) whenever the flight visibility is less than three miles, the aircraft is flown at such a cruising level appropriate to its magnetic track as is specified in the following table:—
Magnetic Track | Cruising Level. |
000°–089° (inclusive).... | Odd thousands of feet |
090°–179° (inclusive).... | Odd thousands plus 500 feet |
180°–269° (inclusive).... | Even thousands of feet |
270°–359° (inclusive).... | Even thousands plus 500 feet |
“151.—(1.) A V.F.R flight shall not be conducted in the vicinity of an aerodrome unless weather conditions allow the aircraft to be flown in accordance with the provisions of sub-regulations (2.) and (3.) of regulation 248 of these Regulations.
“(2.) A V.F.R. flight shall not be conducted when taking-off, landing or approaching to land at an aerodrome or flying within the pattern of traffic formed by aircraft taking-off, landing or approaching to land at an aerodrome if ground visibility is less than three miles.
“152. The pilot in command of an aircraft shall obtain an air traffic control clearance before conducting a V.F.R. flight in controlled airspace.
“153.—(1.) Flight visibility shall be determined by the pilot in command from the cockpit of the aircraft while in flight.
“(2.) Except as provided by the next succeeding sub-regulation, ground visibility shall be determined by a ground observer approved for the purpose.
“(3.) At aerodromes where there is no approved ground observer, the pilot in command is responsible for determining the ground visibility for the purpose of take-off.
“(4.) In determining visibility for the purposes of this regulation, the pilot in command shall take into account the meteorological conditions, sunglare and any other condition that may limit his effective vision through his windscreen.”.
24. Regulation 154 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“154.—(1.) A flight conducted in accordance with the provisions of this Division is classed as a flight under the Instrument Flight Rules.
“(2.) Where an aircraft flies—
(
a ) except for the purpose of landing at the nearest suitable aerodrome in accordance with regulation 148 of these Regulations, in weather conditions other than V.F.R. weather conditions for the flight;(
b ) at night; or(
c ) subject to the next succeeding sub-regulation, to points beyond the coastline of the Australian mainland requiring a sea crossing of more than one hour’s flight,the pilot in command of the aircraft shall comply with the Instrument Flight Rules contained in this Division.
“(3.) The Director-General may give special permission for a flight of the kind specified in paragraph (
c ) of the last preceding sub-regulation to be conducted as a V.F.R. flight if passengers are not carried for hire or reward.”.
25. Regulation 156 of the Air Navigation Regulations is amended by omitting from paragraph (c ) of sub-regulation (1.) the words “air traffic control centre” and inserting in their stead the words “Air Traffic Control unit”.
26. Regulation 157 of the Air Navigation Regulations is amended by omitting the words “an altitude” and inserting in their stead the words “a height”.
27. Regulation 158 of the Air Navigation Regulations is repealed.
28. Regulation 159 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“159. Unless otherwise authorized by Air Traffic Control, the pilot in command of an aircraft when conducting an I.F.R. flight shall follow the instrument approach procedures approved in respect of the aerodromes used.”.
29. Regulation 161 of the Air Navigation Regulations is repealed.
30. Regulation 162 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“162. When conducting a flight under the Instrument Flight Rules, an aircraft shall be flown—
(
a )within controlled airspace—at a cruising level authorized for the flight by the appropriate Air Traffic Control unit; or(
b ) outside controlled airspace—at a cruising level appropriate to its magnetic track as specified in paragraph (b ) of sub-regulation (2.) of regulation 150 of these Regulations.”.
31. Regulation 163 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“163. The signals prescribed in this Part shall be used only for the purposes respectively prescribed in this Part, and other signals likely to be confused with them shall not be used.”.
32. Regulation 165 of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the words “air traffic control centre” (wherever occurring) and inserting in their stead the words “Air Traffic Control unit”.
33. Regulation 166 of the Air Navigation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—“(1.) Where control by the means referred to in the last preceding regulation is not available, the appropriate visual signals prescribed by this Part may be used.”.
34. Regulation 168 of the Air Navigation Regulations is amended—(
a ) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—“(1.) A light signal directed at a particular aircraft from an Air Traffic Control unit at an aerodrome has, both by day and by night, the meaning specified in relation to the signal in the First Schedule to these Regulations.”;
(
b ) by omitting from sub-regulation (2.) the words “Aerodrome Control shall have” and inserting in then stead the words “an Air Traffic Control unit at an aerodrome have”; and(
c ) by omitting from that sub-regulation the words “shall mean” (wherever occurring) and inserting in their stead the word “means”.
35. Regulation 170 of the Air Navigation Regulations is amended by omitting the word “Schedule” and inserting in its stead the words “Second Schedule”.
36. Regulation 173 of the Air Navigation Regulations is amended by inserting after the words “in the vicinity of” the words “a danger area,”.
37. Regulation 175 of the Air Navigation Regulations is amended by omitting from paragraph (a ) of sub-regulation (5.) the words “an altitude” and inserting in their stead the words “a height”.
38. Regulations 177 and 178 of the Air Navigation Regulations are repealed and the following regulations inserted in their stead:—
“177.—(1.) The distress signal shall be transmitted only when the aircraft is threatened with grave and immediate danger and requires immediate assistance.
“(2.) In radiotelegraphy, the distress signal shall take the form of SOS (... – – – ...), sent three times, followed by the group DE, sent once, and the call sign of the aircraft, sent three times.
“(3.) The signal specified in the last preceding sub-regulation may be followed by the automatic alarm signal which consists of a series of twelve dashes, sent in one minute, the duration of each dash being four seconds, and the duration of the interval between consecutive dashes being one second.
“(4.) In radiotelephony, the distress signal shall take the form of the word ‘MAYDAY’, pronounced three times, followed by the words ‘THIS IS’, followed by the call sign of the aircraft three times.
“(5.) By other means the distress signal shall take one or more of the following forms:—
(
a ) The Morse signal ⋯ – – – ⋯ with visual apparatus or with sound apparatus.(
b ) A succession of pyrotechnical lights, fired at short intervals, each showing a single red light.(
c ) The two-flag signal corresponding to the letters NC of the International Code of Signals.(
d ) The distant signal, consisting of a square flag having, either above or below, a ball or anything resembling a ball.(
e ) A parachute flare showing a red light.(
f ) A gun or other explosive signal fired at intervals of approximately one minute.
“178.—(1.) The following signals, used either together or separately, shall be used by an aircraft for the purpose of giving notice of difficulties which compel it to land without requiring immediate assistance:—
(
a ) The repeated switching on and off of the landing lights.(
b ) The repeated switching on and off of the navigation lights, in such a manner as to be distinctive from the flashing lights described in sub-regulation (2.) of regulation 181 of these Regulations.(
c )A succession of white pyrotechnical lights.“(2.) The following signals, used either together or separately, shall be used by an aircraft for the purpose of giving notice that the aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or vehicle, or of some person on board or within sight:—
(
a )In radiotelegraphy, three repetitions of the group XXX (–..– –..– –..–), sent with the letters of each group, and the successive groups clearly separated from each other, and sent before the transmission of the message.(
b ) In radiotelephony, three repetitions of the word PAN, sent before the transmission of the message.(
c )A succession of green pyrotechnical lights.(
d ) A succession of green flashes with signal apparatus.”.
39. Regulations 181, 182, 183 and 184 of the Air Navigation Regulations are repealed and the following regulations inserted in their stead:—
“181.—(1.) An aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display—
(
a ) an unobstructed red light projected above and below the horizontal plane through an angle from dead ahead to 110° port;(
b ) an unobstructed green light projected above and below the horizontal plane through an angle from dead ahead to 110° starboard; and(
c ) an unobstructed white light projecting above and below the horizontal plane rearward through an angle of 140°, equally distributed on the port and starboard sides.“(2.) The lights specified in the last preceding sub-regulation may be either steady or flashing lights and, if flashing lights are used, either one or both of the following additional lights may be displayed:—
(
a ) a flashing red rear light which alternates with the flashing white rear light; or(
b ) a flashing white light visible in all directions which alternates with the signal emitted by the lights described in the last preceding sub-regulation.“(3.) The minimum intensities of the lights specified in sub-regulations (1.) and (2.) of this regulation shall be—
(
a ) port red light, starboard green light and omni-directional flashing white light—five candles; and(
b ) rear lights—three candles.“(4.) In addition to the lights specified in sub-regulations (1.) and (2.) of this regulation, wing-tip clearance lights comprising steady lights of the appropriate colours shall be displayed where the distance of the navigation lights from the wing-tip is greater than six feet.
“(5.) At an aerodrome used or available for use in night flying operations, an aircraft parked on or adjacent to the manœuvring area shall be clearly illuminated or lighted, unless the area that it occupies is marked by obstruction lights.
“182.—(1.) An aeroplane, when under way on the surface of the water shall display steady lights being—
(
a ) the lights specified in sub-regulation (1.) of the last preceding regulation; and(
b ) a white light visible forward throughout a dihedral angle of 220° bisected by a vertical plane through the longitudinal axis of the aeroplane and visible at a distance of at least three miles.“(2.) When towing another aircraft or vessel, an aeroplane shall display—
(
a ) the lights specified in the last preceding sub-regulation; and(
b ) a second steady white light of the same construction and character as the light specified in paragraph (b ) of the last preceding sub-regulation placed not less than six feet vertically above or below that light.“(3.) When being towed, an aeroplane shall display only the lights specified in sub-regulation (1.) of the last preceding regulation.
“(4.) When not under command an aeroplane shall display—
(
a ) the lights specified in sub-regulation (1.) of this regulation, or, when not making way, the lights specified in that sub-regulation other than the red and green lights specified in paragraphs (a ) and (b ) of sub-regulation (1.) of the last preceding regulation; and(
b ) two steady red lights placed where they can best be seen, one vertically over the other and not less than three feet apart and visible at a distance of at least two miles.
“183. An aeroplane when at anchor or moored on the surface of the water shall display—
(
a ) if the aeroplane is less than one hundred and fifty feet in length—a steady white light, where it can best be seen, visible all round the horizon at a distance of at least two miles;(
b ) if the aeroplane is one hundred and fifty feet or more in length—a steady white forward light and a steady white rear light, where they can best be seen, both visible all round the horizon at a distance of at least three miles; and(
c ) if the aeroplane is one hundred and fifty feet or more in span—a steady white light on each side to demarcate the maximum span and visible, as far as practicable, all round the horizon at a distance of at least one mile.
“184. An aeroplane, when on the surface of the water and aground, shall display the appropriate lights specified in the last preceding regulation and, in addition, two steady red lights in a vertical line not less than three feet apart; placed so as to be visible all round the horizon.”.
40. Regulation 187 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “an altitude” and inserting in their stead the words “a height”.
41. Regulation 188 of the Air Navigation Regulations is amended by omitting the word “control” and inserting in its stead the word “command”.
42. Regulation 189 of the Air Navigation Regulations is amended by omitting the word “control” (first occurring) and inserting in its stead the word “command”.
43. Regulation 190 of the Air Navigation Regulations is amended—(
a ) by omitting from paragraph (b ) of sub-regulation (1.) the words “paragraph (b ) of sub-regulation (1.) of regulation 181” and inserting in their stead the words “paragraph (c ) of sub-regulation (1.) of regulation 181”; and(
b ) by omitting from sub-regulation (2.) the word “control” and inserting in its stead the word “command”.
44. Regulation 212 of the Air Navigation Regulations is amended by omitting from paragraph (d ) of sub-regulation (1.) the word “altitudes” and inserting in its stead the word “heights”.
45. Regulation 220a of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“220a.—(1.) A control seat of an aircraft equipped with fully or partially functioning dual controls shall not be occupied in flight except by a person—
(
a ) who holds an appropriate pilot licence in respect of the type of aircraft and the class of operations in which the aircraft is flown; or(
b ) who is authorized by the Director-General.“(2.) In authorizing a person to occupy a control seat in pursuance of the last preceding sub-regulation, the Director-General may grant the authority subject to such conditions as he considers necessary in the interests of safety.”.
46. Regulation 226 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“226. An aircraft shall not commence a flight within Australian territory or to or from Australian territory if the quantity of fuel and oil on board is less than the quantity which the Director-General, having regard to the circumstances of the proposed flight and the safety of the aircraft, considers necessary and directs.”.
47. Regulation 232 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“232.—(1.) Subject to this regulation, the pilot in command of an aircraft shall, before commencing—
(
a ) an I.F.R. flight;(
b ) a flight to be conducted wholly or in part within controlled airspace;(
c ) a flight conducted for the purpose of carrying passengers for hire or reward; or(
d ) a flight during which the aircraft is to be subject to the supervision of Air Traffic Control,give to Air Traffic Control notification of the intended flight by submitting a flight plan in the form and manner specified by the Director-General in Air Navigation Orders.
“(2.) A flight plan shall contain the following information:—
(
a ) The aircraft identification, and the radio call sign (if any).(
b ) The type of aircraft, or in the case of a formation flight, the types and numbers involved.(
c ) The name of the pilot in command of the aircraft, or in the case of a formation flight, the name of the formation commander.(
d ) The point of departure.(
e ) The cruising level or levels and the route to be followed.(
f ) The point of intended landing.(
g ) The proposed true air speeds.(
h ) Radio transmitting and receiving frequency or frequencies to be used.(
i ) The proposed time of departure.(
j ) The estimated elapsed time until arrival over the point of first intended landing.(
k ) The alternate aerodrome or aerodromes.(
l ) The amount of fuel on board expressed in hours and minutes.(
m ) Navigation and approach aids carried in the aircraft.(
n ) The number of persons on board.(
o ) Any other information which—(i) the pilot in command of the aircraft considers relevant; or
(ii) the Air Traffic Control unit considers necessary for control purposes and requires.”.
“(3.) A flight for which a flight plan is to be submitted shall not proceed until the flight plan has been approved by the appropriate Air Traffic Control unit.
“(4.) The pilot in command of an aircraft making a flight for which a flight plan has been submitted, shall report—
(
a ) the nature of a deviation (if any) from the proposed flight indicated by the flight plan; and(
b ) his arrival at each of the points of landing,as soon as possible to the appropriate Air Traffic Control unit.
“(5.) Subject to this regulation, the pilot in command of an aircraft shall, before commencing a flight other than a flight specified in sub-regulation (1.) of this regulation, give to Air Traffic Control notification of the intended flight by submitting flight details in the form and manner specified by the Director-General in Air Navigation Orders.
“(6.) Flight details shall contain the following information:—
(
a ) The aircraft identification and the type of the aircraft.(
b ) The name of the pilot in command and the number of persons on board.(
c ) The place and estimated time of departure.(
d ) The route and destination.(
e ) The estimated time of arrival at the destination.(
f ) The latest time at which an arrival report may be expected to reach a representative of Air Traffic Control.“(7.) The pilot in command of an aircraft making a flight for which flight details have been submitted shall report—
(
a ) the nature of a deviation (if any) from the proposed flight indicated by the flight details; and(
b ) his arrival at the destination specified in the flight details, as soon as possible to the appropriate Air Traffic Control unit.“(8.) Where in the opinion of the Director-General a particular flight or a flight of an approved category of aircraft may be made with safety without the submission of a flight plan or flight details, he may permit the flight to be made without the submission of a flight plan or flight details, subject to such conditions as he specifies.”.
48. Regulation 234 of the Air Navigation Regulations is amended by inserting in sub-regulation (2.), after the words “pilot in command”, the words “and any other pilot for the time being operating the controls of the aircraft”.
49. Regulation 239 of the Air Navigation Regulations is repealed.
50. Regulation 244 of the Air Navigation Regulations is amended by inserting after sub-regulation (2.) the following sub-regulation:—“(2a.) A safety bolt or an approved safety harness shall be worn at all times by at least one pilot crew member when an electronic type automatic pilot is engaged.”.
51. After regulation 315a of the Air Navigation Regulations the following regulations are inserted:—
“315b.—(1.) A stationary aircraft shall not, without the permission of an Air Traffic Control unit, be left standing within the precincts of an aerodrome established under regulation 82 of these Regulations except in an area that the Director-General designates as an area for the parking of aircraft.
“(2.) When the Director-General designates an area for the parking of aircraft he shall—
(
a )specify the area by reference to its boundaries in Air Navigation Orders; or(
b )indicate the area and its boundaries by means of such signs and notices placed about the area as he considers necessary.
“315c.—(1.) A person shall not, other than for the purpose of taking up or letting down passengers, leave a stationary vehicle standing within the precincts of an aerodrome established under regulation 82 of these Regulations except in an area that the Director-General designates as an area for the parking of vehicles.
“(2.) When the Director-General designates an area for the parking of vehicles he shall indicate the area and its boundaries by means of such signs and notices placed about the area as he considers necessary.
“315d.—(1.) A person shall not paint, place or affix any sign, poster or advertisement upon any building or other property within the precincts of an aerodrome established under regulation 82 of these Regulations except in accordance with the permission in writing of the Director-General.
Penalty: Twenty pounds.
“(2.) Where a poster, sign or advertisement has been painted, placed or affixed upon any building or other property in contravention of the last preceding sub-regulation, the Director-General may, by notice in writing served upon the occupier of the building or other property, direct the occupier to remove or obliterate the poster, sign or advertisement within such time as is specified in the notice.
“(3.) A notice under the last preceding sub-regulation may be served—
(
a ) by leaving it with or tendering it to the occupier;(
b ) by posting it to the occupier in a prepaid registered letter; or(
c )if the occupier cannot be found or his address is not known, by affixing it to the sign, poster or advertisement to which it relates.“(4.) An occupier shall comply with the directions contained in a notice served upon him under this regulation.
Penalty: Twenty pounds.
“(5.) Where an occupier fails to comply with the directions contained in a notice served upon him under this regulation, the Director-General may authorize an officer, with such assistance (if any) as he requires, to enter the building or property and to carry out the directions contained in the notice.”.
52. The Schedule to the Air Navigation Regulations is repealed and the following Schedules inserted in its stead:—
THE SCHEDULES.
FIRST SCHEDULE.
Regulation 108.
LIGHT SIGNALS.
Item No. | Light Signal. | Meaning in Flight. | Meaning on Aerodrome. |
1. | Steady Green............ | Cleared to land..................... | Cleared for take-off |
2. | Steady Red............... |
| Stop |
3. | Green Flashes........... | Return for landing.................. | Cleared to taxi |
4. | Red Flashes.............. | Aerodrome unsafe—do not land | Taxi clear of landing area in use |
5. | White Flashes........... | No significance...................... | Return to starting point on aerodrome |
The
Schedules—
SECOND SCHEDULE.
Regulation 170.
GROUND SIGNALS.
Item No. | Ground Signal. | Description. | Where Displayed. | Meaning. |
1. | Horizontal red square panel with yellow diagonals | Signal area.......... |
| |
2. |
| Signal area.......... |
| |
3. | Horizontal white dumb-bell | Signal area.......... |
| |
4. | Red ‘L’ on white dumb-bell | Signal area.......... |
| |
5. |
| Signal area.......... |
| |
6. | Red square........... | Signal area.......... |
|
The
Schedules—
Second Schedule—
Item No. | Ground Signal. | Description. | Where Displayed. | Meaning. |
7. | Horizontal white or orange landing ‘T’ | Signal area............. |
| |
8. | Right-handed arrow of conspicuous colour | Signal area or end of runway or strip in use |
| |
9. |
| Signal area............. |
| |
10. | Two digits on a background of contrasting colour |
|
| |
11. | White cross or cross of other conspicuous colour | On manoeuvring area |
| |
12. |
| On manoeuvring area |
|
The
Schedules—
Second Schedule—
Item No. | Ground Signal. | Description. | Where Displayed. | Meaning. |
13. | Black ball........... |
|
| |
14. |
| At or on control tower |
| |
15. | Black ‘C’ against a yellow background | Vertically at or near the control tower |
|
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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