Air Navigation Regulations (Amendment) (Cth)
STATUTORY RULES.
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
Dated this Eighth day of May, 1952.
W.J. McKELL
Governor-General.
By His Excellency’s Command,
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 figures “71-78” and inserting in their stead the figures “71-78A”.
2. Regulation 5 of the Air Navigation Regulations is amended—(
a )by omitting from sub-regulation (1.) the definition of “acrobatic flight” and inserting in its stead the following definition:—“ ‘acrobatic flight’ means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;”;
(
b ) by omitting from that sub-regulation the definition of “aerodrome” and inserting in its stead the following definition:—“ ‘aerodrome’ means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and movement of aircraft;”;
* 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; and 1952, No.
4188.—PRICE 8D. 10/7.4.1952.
(
c ) by omitting from that sub-regulation the definition of “aerodrome traffic” and inserting in its stead the following definition:—“ ‘aerodrome traffic’ means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;”;
(
d ) by omitting from that sub-regulation the definition of “air traffic” and inserting in its stead the following definition:—“ ‘air traffic’ means all aircraft in flight or operating on the manoeuvring area of an aerodrome;”;
(
e ) by inserting in that sub-regulation, after the definition of “elevation”, the following definition:—“ ‘expected approach time’ means the time at which it is expected that an arriving aircraft will be cleared to commence approach for a landing;”;
(
f ) by omitting from that sub-regulation the definition of “flight plan” and inserting in its stead the following definition:—“ ‘flight plan’ means specified information, provided to Air Traffic Control, relative to the intended flight of an aircraft;”;
(
g ) by omitting from that sub-regulation the definition of “flight visibility” and inserting in its stead the following definition:—“ ‘flight visibility’ means the average range of visibility forward from the cockpit of an aircraft in flight;”;
(
h ) by inserting in that sub-regulation, after the definition of “glider”, the following definition:—“ ‘ground visibility’ means the visibility at an aerodrome as reported by an approved observer;”;
(
i ) by inserting in that sub-regulation, after the definition of “maintenance release”, the following definition:—“ ‘manoeuvring area’ means that part of an aerodrome to be used for the take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing;”;
(
j ) by omitting from that sub-regulation the definition of “movement area”;(
k ) by omitting from that sub-regulation the definition of “night” and inserting in its stead the following definition:—“ ‘night’ means the period between twenty minutes after sunset and twenty minutes before sunrise or such other period as is determined in pursuance of regulation 331 of these Regulations;”;
(
l ) by omitting from that sub-regulation the definition of “reporting point” and inserting in its stead the following definition:—“ ‘reporting point’ means a specified geographical location in relation to which the position of an aircraft can be reported;”;
(
m ) by adding at the end of that sub-regulation the following definition:—“ ‘visibility’ means the ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night.”.
3. Regulation 6 of the Air Navigation Regulations is amended—(
a )by omitting from sub-regulation (2.) the words “and the provisions of Division 2 of Part X. and the provisions of Parts XI. and XII.”; and(
b ) by inserting after sub-regulation (4.) the following sub-regulations:—“(4A.) When an Australian aircraft is flying over the high seas, the provisions of Annex 2 to the Convention shall apply to and in relation to that aircraft and that flight in substitution for the corresponding provisions of those Regulations relating to the flight and manœuvre of aircraft.
“(4B.) The Director-General shall notify in Air Navigation Orders any differences between the provisions of these Regulations relating to the flight and manœuvre of aircraft and the provisions of Annex 2 to the Convention.”.
4. Regulation 50 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the word “operating” and inserting in its stead the word “flight”.
5. Part VII. of these Regulations is amended by adding at the end thereof the following regulation:—
“78A—(1.) The pilot in command of an aircraft shall maintain a log of all navigational data so that he shall be able to determine his geographical position at any time.
“(2.) The log referred to in the last preceding sub-regulation shall be kept in chronological order and, in the case of an Australian aircraft engaged on an international flight, shall include the following information:—
(
a ) points of departure and destination;(
b ) required track;(
c ) wind velocity used for calculations;(
d ) courses flown;(
e ) true airspeed;(
f ) position lines, fixes and pinpoints obtained;(
g ) times of alteration of courses;(
h ) estimated times of arrival at turning points and destination; and(
i ) such other information as is relevant to the navigation of the aircraft.”.
6. Regulation 94 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—“(2.) The Director-General may, by means of Air Navigation Orders or NOTAMS, give such instructions and directions on matters within the functions of the Air Traffic Control Service as he considers necessary.”.
7. Regulation 95 of the Air Navigation Regulations is amended by adding at the end of sub-regulation (2.) the words “, or, where the control zone or control area is of a temporary nature, in NOTAMS”.
8. Regulation 116 of the Air Navigation Regulations is amended by omitting from sub-regulation (4.) the words “person in control” and inserting in their stead the words “pilot in command”.
9. Regulation 129 of the Air Navigation Regulations is amended by inserting in sub-paragraph (ii) of paragraph (b ), after the word “observer”, the words “in communication with the safety pilot”.
10. Regulation 131 of the Air Navigation Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—“(2.) An aircraft shall not be acrobatically flown—
(
a ) except under Visual Flight Rules weather conditions by day; and(
b ) unless the certificate of airworthiness of the aircraft specifies that the aircraft may perform aerobatic flight.“(3.) Except with the permission in writing of the Director-General, a person shall not engage in acrobatic flight in an aircraft—
(
a ) at an altitude lower than 3,000 feet above the highest point of the terrain, or any obstacle thereon, within a radius of 2,000 feet of a line extending vertically below the aircraft; or(
b ) over a city, town, populous area, regatta, race meeting or meeting for public games or sports.“(4.) Before engaging in aerobatic flight, the pilot of an aircraft shall take such action as is necessary to ensure that—
(
a ) any loose articles are removed from the aircraft or made secure in the aircraft;(
b ) all locker and compartment doors of the aircraft are fastened;(
c ) the harness of any vacant seat is made secure so as to avoid the fouling of the controls of the aircraft;(
d ) the dual controls (if any) of the aircraft are removed from the aircraft or rendered inoperative, unless the control seats are occupied in accordance with regulation 220A of these Regulations or the dual control seat is vacant; and(
e ) every person in the aircraft is secured with correctly adjusted shoulder harness.”.
11. Regulation 133 of the Air Navigation Regulations is amended by inserting after sub-regulation (2.) the following regulation:—“(2A.) An altitude specified in the last preceding sub-regulation is the altitude above the highest point of the terrain, or any obstacle thereon, within a radius of 2,000 feet of a line extending vertically below the aircraft.”.
12. After regulation 134 of the Air Navigation Regulations the following regulation is inserted:—
“134A. When radio apparatus is fitted to an aircraft, and a Flight Plan or Flight Details have been submitted in respect of the flight, the time and altitude of passing each reporting point designated by Air Traffic Control, together with any other required information, shall be reported by radio as soon as possible to the appropriate air traffic control centre, and, in the absence of designated reporting points, position reports shall be made at intervals specified by Air Traffic Control.”.
13. Regulation 135 of the Air Navigation Regulations is repealed.
14. Division 1 of Part XI. of the Air Navigation Regulations is repealed and the following Division is inserted in its stead:—
“136. In this Division, an ‘overtaking aircraft’ means an aircraft that approaches another aircraft from the rear on a line forming an angle of less than 70° with the plane of symmetry of the latter, that is to say, an aircraft that is in such a position with reference to another aircraft that at night it would be unable to see either of the forward navigation lights of the other aircraft.
“137.—(1.) An aircraft that is required by the rules in this Division to keep out of the way of another aircraft shall avoid passing over or under the other, or crossing ahead of it, unless passing well clear.
“(2.) An aircraft that has the right of way shall maintain its course and speed, but nothing in the rules in this Division shall relieve the pilot in command of an aircraft from the responsibility of taking such action as will best avert collision.
“138.—(1.) When two aircraft are on converging courses at approximately the same altitude, the aircraft that has the other on its right shall give way, except that—
(
a ) power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons;(
b ) airships shall give way to gliders and balloons;(
c ) gliders shall give way to balloons; and(
d ) power-driven aircraft shall give way to aircraft that are seen to be towing other aircraft or objects.“(2.) When two aircraft are approaching head-on or approximately so and there is danger of collision, each shall alter it course to the right.
“(3.) An aircraft that is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending, or in horizontal flight, shall keep out of the way of the other aircraft by altering its course to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear.
“(4.) An aircraft in flight, or operating on the ground or water, shall give way to other aircraft landing or on final approach to land.
“(5.) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the higher altitude shall give way to aircraft at the lower altitude, but the latter shall not take advantage of this rule to cut-in in front of another that is on final approach to land, or overtake that aircraft.
“(6.) Notwithstanding anything contained in the last preceding sub-regulation, power-driven heavier-than-air aircraft shall give way to gliders.
“(7.) An aircraft that is about to take off shall not attempt to do so until there is no apparent risk of collision with other aircraft.
“(8.) An aircraft that is aware that another aircraft is compelled to land shall give way to that aircraft.
“139.—(1.) An aircraft shall not be operated on the ground in such manner as to create a hazard to itself or to other aircraft, and, subject to the next succeeding sub-regulation, shall not be operated in the air in closer proximity to another aircraft than 1,500 feet horizontally and 500 feet vertically.
“(2.) Aircraft shall not fly in formation except by prearrangement and after notification has been given to Air Traffic Control, and then only in V.F.R. weather conditions by day.”.
15. Regulation 143 of the Air Navigation Regulations is amended—(
a ) by omitting the word “and” (first occurring) and inserting in its stead the word “or”;(
b ) by omitting from paragraph (b ) the word “and”; and(
c ) by adding at the end thereof the following paragraphs:—“(
d ) land and take-off, in so far as practicable, intothe wind, unless Air Traffic Control directs otherwise;(
e ) before landing, descend in a straight line commencing at such a distance from the perimeter of an aerodrome as is common to the ordinary course of navigation for the aircraft type concerned, the commencement of that straight line not being nearer the perimeter of an aerodrome than 500 yards; and(
f ) after take-off, not alter course from the take-off course at any altitude lower than 500 feet above the terrain unless the terrain necessitates, or Air Traffic Control directs, the alteration.”.
16. Regulation 145 of the Air Navigation Regulations is repealed.
17. Regulation 147 of the Air Navigation Regulations is amended by omitting from paragraph (a ) of sub-regulation (5.) the word “by” and inserting in its stead the word “be”.
18. Regulation 148 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “the conditions specified in” and inserting in their stead the words “the requirements prescribed by”.
19. Regulations 149, 150 and 151 of the Air Navigation Regulations are repealed and the following regulations inserted in their stead:—
“149.—(1.) Visibility for the purposes of 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, and for the purpose of flying within a control zone, shall be ground visibility except at aerodromes where there is no approved ground observer, in which case visibility for the purposes of landing or approaching to land or flying within the pattern of traffic formed by aircraft taking-off, landing or approaching to land, shall be flight visibility.
“(2.) Visibility for all other purposes shall be flight visibility.
“150.—(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 by the Director-General.
“(3.) At aerodromes where no ground observer is approved, the pilot in command shall be responsible for determining the ground visibility for the purpose of take-off.
“(4.) In determining visibility in accordance with this regulation, the pilot in command shall take into account the meteorological conditions, sun glare and any other condition that may limit his effective vision through his windscreen.
“(5.) The visibility and meteorological conditions forecasted for a route shall be used for the purposes of pre-flight planning.
“151.—(1.) When an aircraft is flown in a control zone, the requirements of V.F.R. flight shall be as follows:—
(
а ) The aircraft shall not be flown within a distance of 500 feet vertically and 2,000 feet horizontally from any cloud;(
b ) The base of the lowest cloud layer covering more than one-half of the sky shall be not less than 1,000 feet above ground level; and(
c ) The aircraft shall be flown with not less than three miles ground visibility.“(2.) Notwithstanding anything contained in the last preceding sub-regulation, Air Traffic Control may authorize an aircraft to fly in a control zone in I.F.R. weather conditions without complying with the provisions of Division 4 of this Part.”.
20. Regulation 152 of the Air Navigation Regulations is amended—(
a ) by omitting paragraph (c ) of sub-regulation (1.) and inserting in its stead the following paragraph:—“(
c ) in accordance with the air traffic clearance and any air traffic control instructions.”; and(
b ) by omitting sub-regulation (2.).
21. Regulation 159 of the Air Navigation Regulations is amended by omitting from sub-regulation (2.) the words “, where applicable,” and inserting in their stead the words “, unless otherwise authorized by Air Traffic Control,”.
22. Regulation 160 of the Air Navigation Regulations is repealed.
23. Regulation 164 of the Air Navigation Regulations is amended by omitting the words “the provisions of this Division” and inserting in their stead the words “signals and instructions given in accordance with this Part and with the rules and other provisions contained in this Part”.
24. Regulation 168 of the Air Navigation Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—“(1A.) The light signal of a series of green flashes directed to an aircraft in flight shall be followed at the proper time by the light signal of a steady green light.”.
25. Regulation 170 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“170. When displayed at an aerodrome, ground signals shall take the form, and for all aircraft shall have the meaning, specified, in relation to the signal, in the Schedule to these Regulations.
26. Regulation 172 of the Air Navigation Regulations is amended by omitting the word “sea” and inserting in its stead the word “water”.
27. Regulation 173 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“173. For the purpose of warning an aircraft that it is in the vicinity of a prohibited area or a restricted area and should take remedial action, the signal used shall be, by day or by night, a series of projectiles, discharged at intervals of ten seconds each, showing, on bursting, red and green, lights or stars.”.
28. Regulation 174 of the Air Navigation Regulations is repealed.
29. Regulation 176 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—“(3.) Nothing in the rules contained in this Division shall prevent the use by an aircraft in distress of any means at its disposal to attract attention or make known its position for the purpose of obtaining help.”.
30. Regulation 179 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“179.—(1.) The safety signal shall be transmitted when an aircraft wishes to transmit a message concerning the safety of navigation or to give important meteorological warnings.
“(2.) In radiotelegraphy, the safety signal is sent before the call and consists of three repetitions of the group TTT, sent with the letters of each, group and the successive groups clearly separated from each other, that is to say (— — —).
“(3.) In radiotelephony the word ‘SECURITY’, repeated three times, is used for the safety signal.”.
31. Regulation 181 of the Air Navigation Regulations is amended—(
a ) by omitting from sub-regulation (1.) the word “movement” and inserting in its stead the word “manoeuvring”; and(
b ) by adding at the end thereof the following sub-regulation:—“(3.) At all aerodromes used or available for use in night, flying operations, all aircraft parked on, or adjacent to, the manoeuvring area shall be clearly illuminated or lighted, or the area that they occupy shall be marked, by obstruction lights.”.
32. Regulation 223 of the Air Navigation Regulations is amended by omitting the word “movement” and inserting in its stead the word “manoeuvring”.
33. Regulation 231 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“231.—(.1.) Before beginning a flight, the pilot in command shall study all available information appropriate to the intended operation, and, in the cases of flights away from the vicinity of an aerodrome and all I.F.R. flights, shall make a careful study of—
(
a ) current weather reports and forecasts for the route to be followed and at aerodromes to be used:(
b ) the airways facilities available on the route to be followed and the condition of those facilities;(c) the condition of aerodromes to be used and their suitability for the aircraft to be used; and
(
d ) the Air Traffic Control rules and procedure appertaining to the particular flight,and he shall plan the flight in relation to the information obtained.
“(2.) When meteorological conditions at the aerodromes of intended landing are forecast to be less than the minima specified by the Director-General, the pilot in command shall make provision for an alternative course of action and shall arrange for the aircraft to carry the necessary additional fuel.”.
34. Regulation 232 of the Air Navigation Regulations is amended—(
a ) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—“(1.) This regulation shall apply to aircraft of a category specified for this purposes of this regulation by the Director-General in Air Navigation Orders.
“(1A) pilot in command of an aircraft to which this regulation applies shall, before commencing a flight, give to the appropriate representative of Air Traffic Control notification of his intended flight by submitting
either a Flight Plan or Flight Details in the form and manner specified by the Director-General in Air Navigation Orders.”; and
(
b ) by omitting sub-regulation (6.) and inserting in its stead the following sub-regulation:—“(6.) Flight Details shall be submitted for all flights of aircraft to which. this regulation applies other than, flights in respect of which Flight Plans are submitted in accordance with, sub-regulation (3.) of this regulation.”.
35. Regulation 233 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the word “movement” and inserting in its stead the word “manœuvring”.
36. Regulation 234 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“234.—(1.) When an aircraft is equipped with radio apparatus for use during flight, a listening watch shall be maintained at all times commencing immediately prior to the time at which the aircraft commences to move on the manœuvring area, prior to flight and lasting until the aircraft is brought to a stop at the apron or other point of termination of the flight.
“(2.) When an aircraft is under the control of an Air Traffic Control unit which issues instructions and information directly to aircraft by a voice communication channel, the pilot in command shall personally maintain a listening watch on the appropriate radio frequency.”.
37. Regulation 238 of the Air Navigation Regulations is amended by omitting the word “movement” and inserting in its stead the word “manœuvring”.
38. Regulation 242 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—
“242.—(1.) Subject to the succeeding provisions of this regulation, an aircraft that carries a passenger shall not engage in any of the following types of flying:—
(
a ) Practice for the issue of a private pilot licence.(
b ) Practice for the purpose of obtaining an endorsement of the aircraft type in a pilot licence.(
c ) Low flying practice.(
d ) Testing an aircraft or its components, power plant or equipment.“(2.) For the purposes of the last preceding sub-regulation, ‘passenger’ does not include an approved person or a person engaged in instructing personnel or testing the aircraft in flight.
“(3.) An aircraft while engaged in flying of the type specified in paragraph (
d ) of sub-regulation (1.) of this regulation may carry engineering and maintenance personnel who are required, as part of their duties, to be present in the aircraft during the flight for the purpose of the overhaul, inspection or adjustment of the aircraft or its components, power plant or equipment.”.
39. Regulation 312 of the Air Navigation Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—“(4.) Any person who makes, cither orally or in writing, a false or misleading statement in or in connexion with—
(
a ) any application for the issue, renewal or endorsement of a licence, rating, certificate, permit, permission, authority or approval under these Regulations; or(
b ) any return, report, notice, form or other document furnished in accordance with these Regulations,shall be guilty of an offence against these Regulations.”.
40. After regulation 330 of the Air Navigation Regulations the following regulation is added:—
“331. When the light in a particular area is affected by local atmospheric, climatic or geographical conditions, the Director-General may determine the period between sunset and sunrise that is to be regarded as night in that area for the purposes of these Regulations.”.
41. The Air Navigation Regulations are amended by adding at the end thereof the following schedule:—
THE SCHEDULE.
Regulation 170.
GROUND SIGNALS.
Ground Signal. | Description. | Where Displayed. | Meaning. |
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| Landing prohibited and will be for a prolonged period | |
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Ground Signal. | Description. | Where Displayed. | Meaning. |
Black cross-piece over each disc on white dumb-bell, perpendicular to the shaft | Signal area........... |
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Red square | Signal area........... |
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‘T’ of conspicuous colour | Signal area........... |
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Right-handed arrow of conspicuous colour | Signal area or end of runway or strip in use |
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Disc of conspicuous colour alongside the cross-piece of a landing ‘T’ in line with its shaft | Signal area........... |
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Two digits on a background of contrasting colour |
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White cross or cross of other conspicuous colour | On manoeuvring area |
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Ground Signal. | Description. | Where Displayed. | Meaning. |
Tetrahedron of conspicuous colour | On manoeuvring area |
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Light flashing amber | On control tower |
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Black ball |
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| At or on control tower |
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Black ‘C’ against a yellow background | Vertically at or near the control tower |
|
NOTE.—The colours mentioned in the foregoing descriptions of ground signals are represented in the diagrams of those signals as follows:—
By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
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