Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES.

1950. No. 69.

 

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1947.*

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 1920-1947.

Date this nineteenth day of October, 1950.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Civil Aviation.

 

Amendments of the Air Navigation Regulations. 

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

Interpretation.

(a) by inserting in sub-regulation (1.), after the definition of “Aerodrome Control”, the following definition:—

“ ‘aerodrome meteorological minima’ means the minimum heights of cloud base and minimum values of visibility which are determined in pursuance of regulation 248 of these Regulations for the purpose of determining whether an aerodrome may be used for take-off or landing;”;

(b)by omitting from that sub-regulation the definitions of “aircraft” and “airline” and inserting in their stead the following definitions:—

“ ‘aircraft’ means any machine that can derive support in the atmosphere from the reactions of the air;”;

“ ‘airline’ means the operator of a regular public transport service;”;

(c) by omitting from that sub-regulation the definition of “alternate aerodrome” and inserting in its stead the following definition:—

“ ‘alternate aerodrome’ means any aerodrome, including the aerodrome of departure, specified in a flight plan to which the flight may proceed when a landing at the regular aerodrome becomes inadvisable;”;

 

* Notified in the Commonwealth Gazette on , 1950.

  Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948, No. 69; and 1949, Nos. 6 and 70.

3428.—Price 5d. 10/24.8.1950.

 

(d) by omitting from that sub-regulation the definition of “crew” and inserting in its stead the following definition:—

“‘crew member’ means a person assigned by an operator for duty on an aircraft during flight time, and any reference to ‘crew’ has a corresponding meaning;”;

(e) by inserting in that sub-regulation, after the definition of “elevation”, the following definition:

“‘flight crew member’ means a licensed crew member charged with duties essential to the operation of an aircraft during flight time, and any reference to ‘flight crew’ has a corresponding meaning;”;

(f) by inserting in that sub-regulation, after the definition of “flight plan”, the following definition:—

“‘flight time’ means the total time from the moment at which an aircraft first moves under its own power for the purpose of taking off until the moment at which it comes to rest at the end of a flight;”;

(g)by inserting in that sub-regulation, after the definition of “operating crew”, the following definition:—

“‘operator’ means a person, organization, or enterprise engaged in, or offering to engage in, an aircraft operation;”;

(h)by omitting from that sub-regulation the definition of “pilot in command” and inserting in its stead the following definition:—

“‘pilot in command’ means the pilot responsible for the operation and safety of the aircraft during flight time;”; and

(j) by inserting in that sub-regulation, after the definition of “radio apparatus”, the following definition:—

“‘regular aerodrome’ means an aerodrome which is listed in the flight plan as an aerodrome of intended landing;”.

Dangerous goods.

2. Regulation 120 of the Air Navigation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) An aircraft shall not carry dangerous good, except with the permission in writing of the Director-General and in accordance with the conditions specified in the permit.”.

3. Regulation 156 of the Air Navigation Regulations is repealed and the following regulation inserted in its stead:—

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

“156.—(1.) An aircraft shall not be flown under the Instrument Flight Rules unless it is equipped with—

(a) suitable flight instruments as required by the Director General;

(b) suitable radio navigation apparatus appropriate to the route to be flown; and

 

(c) suitable radio apparatus, capable of maintaining two-way radio communication with the appropriate air traffic control centre.

“(2.) An aircraft shall not be flown under the Instrument Flight Rules by night, unless, in addition to the equipment referred to in sub-regulation (1.) of this regulation, it is equipped with—

(a) two landing lights;

(b)illumination for all instruments and equipment, used by the flight crew, that are essential for the safe operation of the aeroplane;

(c) lights in all passenger compartments;

(d) anelectric torch for each crew member; and

(e)such other equipment as the Director-General requires in the interests of safety.

“(3.) Notwithstanding anything contained in this regulation, the Director-General may give permission to an aircraft—

(a) toconduct flights under the Instrument Flight Rules, if passengers are not carried for hire or reward and the flight is made for ferrying purposes and is conducted outside control zones and control areas; or

(b)to undertake night flying for the purposes of practice or instruction, if traffic and weather conditions permit and the aircraft complies with such conditions as the Director-General specifies,

although the aircraft does not comply with one or more of the requirements referred to in sub-regulation (1.) or sub-regulation (2.) of this regulation.”.

Maintenance manual.

4. Regulation 207 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(4.) Each member of the maintenance personnel employed by an airline shall comply fully with all instructions relating to his duties contained in the maintenance manual.”.

Operations manual.

5. Regulation 212 of the Air Navigation Regulations is amended—

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

“(1.) An airline shall provide, for the use and guidance of its operations personnel, an operations manual containing complete instructions as to the conduct of flight operations, including—

(a) instructions outlining the responsibilities of operations personnel in respect of the conduct of flight operations;

(b)the number and classification of flight crew members for each stage of all routes to be flown;

(c) emergency flight procedures;

(d) the minimum, safe altitudes for each route to be flown;

 

(e) meteorological minima for each aerodrome on the routes to be flown that is likely to be used as a regular or alternate aerodrome or that is suitable for use in an emergency;

(f) the circumstances in which a radio listening watch is to be maintained;

(g) a list of the navigational equipment to be carried;

(h) specific instructions for the computation of the quantities of fuel and oil to be carried on each route, having regard to all circumstances of the operation including the possibility of the failure of one or more power plants during flight time;

(j) a route guide for each route flown, containing information relating to communication and search and rescue facilities, navigational aids, aerodromes, flight procedures, and any other information necessary for the proper conduct of flight operations; and

(k) any other information required by the Director-General.”; and

(b) by adding at the end thereof the following sub-regulation:—

“(6.) Each member of the operations personnel employed by an airline shall comply fully with all instructions relating to his duties contained in the operations manual.”.

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

Route qualifications of pilot in command.

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

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

(b)he shall have made two one-way trips over that route within the preceding twelve months, including one trip within the preceding sixty days, either as co-pilot in any type of operation or as pilot in command in other than a scheduled operation;

(c) he shall have, in relation to the route, complete knowledge of the terrain along the air route, the seasonal meteorological conditions, the air route and airway facilities and the location of search and rescue facilities;

(d)he shall have within the preceding twelve months made a visual examination from the air of the surroundings of each regular aerodrome on the route, performed satisfactory in flight the approved instrument approach procedure for each of those aerodromes, and landed at each of those aerodromes; and

 

(e) he shall have a thorough knowledge of intermediate and alternate aerodromes which are available for use on the route, and shall have performed the approved instrument approach procedures for each such aerodrome in flight or, unless the surrounding terrain of any such aerodrome presents special difficulties, by simulated means on the ground.

“(2.) The visual examination referred to in paragraph (d)of sub-regulation (1.) of this regulation shall be made when the visibility is not less than five miles.

“(3.) The requirements specified in paragraphs (d) and (e) of sub-regulation (1.) of this regulation in relation to the approved instrument approach procedures shall not apply in any case where—

(a) operations are restricted to operations under the Visual Flight Rules; or

(b)aerodromes are equipped with an approved localizer system and have approach procedures identical with those which the pilot has demonstrated his competency to perform.

“(4.) When an operation is commenced over a new route, the Director-General may grant an exemption from the requirements specified in paragraphs (a), (b), (d) and (e) of sub-regulation (1.) of this regulation provided that passengers are not carried for hire or reward on the flight in respect of which the exemption is granted.

Maintenance of route qualifications.

“215a.—(1.) Subject to the next succeeding sub-regulation, a pilot who has qualified for a particular route in accordance with the last preceding regulation shall cease to be qualified for that route if a period of twelve months elapses during which he has not—

(a) made two one-way trips over that route as pilot in command;

(b)performed in flight the approved instrument approach procedures for each regular aerodrome on that route; and

(c) performed in flight, or by simulated means, the approved instrument approach procedures for all intermediate and alternate aerodromes on that route,

and an operator shall not permit him to act, and he shall not act, as pilot in command of an aircraft engaged in a regular public transport service on that route until he qualifies again for that route in accordance with the last preceding regulation.

“(2.) The requirements specified in paragraphs (b) and (c) of sub-regulation (1.) of this regulation in relation to the approved instrument approach procedures shall not apply in any case where operations are restricted to operations under the Visual Flight Rules.”.

Co-pilot, qualifications.

“215b. An operator shall not permit a pilot to act, and a pilot shall not act, in the capacity of co-pilot of an aircraft engaged in a regular public transport service, unless he has completed twenty hours of flying on an air route used by a regular public transport service and has during that period of flying acted as supernumerary co-pilot and performed all the normal duties of co-pilot under the supervision of the pilot in command.”.

 

7. After regulation 218 of the Air Navigation Regulations, the following regulation is inserted in Division 3 of Part XIII of these Regulations:—

Operator to ensure employees and flight crew familiar with local laws and regulations.

“218a. An operator of an Australian aircraft engaged in air navigation outside Australian territory shall ensure that—

(a) his employees when abroad know that they must comply with the laws, regulations and procedures of the countries in which his aircraft is operated;

(b)the pilots of the aircraft are familiar with the regulations and procedures for the time being in force in the area in which the aircraft is operated, and, in particular, with such of those regulations and procedures as relate to the aerodromes and air navigation facilities to be used by the aircraft; and

(c) members of the flight crew, other than pilots, are familiar with such of the regulations and procedures of the countries in which the aircraft is operated as relate to the performance of their respective duties in the operation of the aircraft.”.

Pilot in command.

8. Regulation 219 of the Air Navigation Regulations is amended—

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

“(1.) For each flight the operator shall designate one pilot to act as pilot in command.”; and

(b)by omitting from sub-regulation (2.) the words “in flight,” and inserting in their stead the words “during flight time,”.

Flight check system.

9. Regulation 224 of the Air Navigation Regulations is amended—

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

“(1.) The operator of an aircraft shall establish a flight check system for each type of aircraft, setting out the procedure to be followed by the pilot in command and other flight crew members prior to and on take-off, in flight, on landing and in emergency situations.”; and

(b) by adding at the end thereof the following sub-regulation:—

“(3.) The pilot in command shall ensure that the flight check system is carried out in detail.”.

Flight preparation.

10. Regulation 225 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2.) An aircraft engaged in international air navigation shall not commence a flight, unless the pilot in command has completed an approved flight preparation form, certifying that he has satisfied himself in respect of the matters specified in the last preceding sub-regulation.

 

“(3.) Each completed flight preparation form shall be kept by an operator for a period of six months.”.

Fuel and oil requirements.

11. Regulation 226 of the Air Navigation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) An aircraft shall not commence a flight within Australian territory unless the quantity of fuel and oil on board is sufficient to permit the aircraft to fly to the aerodrome of intended landing specified in the flight plan and thereafter—

(a) if the flight is to be conducted under the Visual Flight Rules—for a period of one hour at normal cruising speed; or

(b)if the flight is to be conducted under the Instrument Flight Rules—to the alternate aerodrome specified in the flight plan which is farthest from the aerodrome of intended landing and thereafter for a period of one hour at normal cruising consumption.

“(1a.) An aircraft shall not commence a flight to or from Australian territory unless the quantity of fuel and oil on board is sufficient to permit the aircraft to fly—

(a)if the flight is to be conducted under the Visual Flight Rules—to the aerodrome of intended landing and thereafter for a period of forty-five minutes at normal cruising speed;

(b)if the flight is to be conducted under the Instrument Flight Rules and an alternate aerodrome is specified in the flight plan—to the aerodrome of intended landing and thence to the alternate aerodrome or to the alternate aerodrome via a pre-determined point specified in the flight plan, and thereafter in either case for forty-five minutes at normal cruising speed; or

(c) if the flight is to be conducted under the Instrument Flight Rules and no alternate aerodrome is specified in the flight plan—to the aerodrome of intended landing and thereafter for two hours at normal cruising speed.

“(1b.) Notwithstanding anything in paragraph (b)of the last preceding sub-regulation, where the flight is to be conducted under the Instrument Flight Rules and an alternate aerodrome is specified in the flight plan, the quantity of fuel and oil shall be at least sufficient to permit the aircraft to fly to the aerodrome of intended landing and thereafter for two hours at normal cruising speed, except in any case where adequate intermediate aerodromes and meteorological information are available, when the quantity of fuel and oil shall be at least sufficient to permit the aircraft to fly to the aerodrome of intended landing and thence to an alternate aerodrome and thereafter for forty-five minutes at normal cruising speed.

 

Aerodrome meteorological minima.

12. Regulation 248 of the Air Navigation Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) An aircraft shall not—

(a)land or make an approach for the purpose of landing at an aerodrome when any element constituting the meteorological minima for landing is less than that determined for that aerodrome except in the case of an emergency; or

(b) continue to fly towards the aerodrome of intended landing specified in the flight plan, unless the latest available meteorological report indicates that at the time of arrival the conditions at that aerodrome, or at least one alternate aerodrome, will, be at or above the aerodrome meteorological minima determined for that aerodrome or alternate aerodrome.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.