Air Navigation Regulations (Amendment) (Cth)
STATUTORY RULES.
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
Dated this fifteenth day of September, 1949.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
ARTHUR S. DRAKEFORD
Minister of State for Civil Aviation.
Amendments of the Air Navigation Regulations.
“ 25a.—(1.) An aircraft shall not bear on any part of its exterior surfaces any advertisements or any signs or lettering except as required or permitted by or under this Part.
“ (2.) The name of an aircraft and the name and emblems of the owner of an aircraft may be displayed on the fuselage of the aircraft if the location, size, shape and colour of the lettering and signs docs not interfere with the easy recognition of, and is not capable of confusion with, the nationality and registration marks of the aircraft.”.
“ (ii) Private pilot licence, being a licence authorizing the holder to pilot an aircraft used in private operations as specified in regulation 191 of these Regulations;”.
“ 57.—(l.) Subject to this regulation, a licence under this Part shall not be issued or renewed unless the applicant has submitted himself to a medical examination, conducted by an approved medical
*
Notified in the
Statutory Rules 1947, No. 112, as amended by Statutory Rules 1947, No. 162; 1948, No. 69; and 1949, No. 6.
2456.—Price 5d.
practitioner, and has satisfied the Director-General that he meets the medical standards adopted in pursuance of the Convention and notified by the Director-General in Air Navigation Orders.
“ (2.) Where an applicant for the issue or renewal of a licence fails to meet the medical standards referred to in sub-regulation (1.) of this regulation, the Director-General may issue or renew the licence subject to the condition that the licence does not authorize the holder to engage in international air navigation and to such other limitations (if any) as the Director-General considers necessary in the interests of the safety of air navigation, having regard to the applicant’s experience and ability as a member of an operating crew and to the nature and extent of the applicant’s failure to meet the medical standards referred to in that sub-regulation.
“ (3.) The Director-General may refuse to issue or renew a licence under this Part unless the applicant, at the time of his medical examination—
(
a )makes a declaration stating whether he has previously undergone a medical examination for the purposes of the issue or renewal of a licence and, if so, with what result ;(
b )answers all questions which, in the opinion of the approved medical practitioner, are necessary for determining whether he meets the medical standards referred to in sub-regulation (1.) of this regulation ; and(
c ) authorizes the disclosure to the Director-General of any information which has been acquired by any medical practitioner, hospital or other medical organization and which may assist in assessing whether the applicant meets the standard of fitness prescribed by this regulation.
“ (4.) When an applicant for renewal of a licence is a member of the operating crew of an aircraft operated in circumstances which render it impracticable for the applicant to be examined by an approved medical practitioner, the medical examination may be deferred by the Director-General—
(a) in the case of the holder of a student pilot licence, of a private pilot licence or of a third class flight radio-telephony licence—once for a period not exceeding six months ; or
(
b )in the case of the holder of any other licence—for two consecutive periods not exceeding three months each.
“
(5.) The medical examination of an applicant for renewal of a licence of a
class referred to in paragraph (
“ 58.—(1.) A holder of a licence under this Part shall not perform the duties in respect of which he is licensed during any period for which he suffers an incapacity resulting from illness or injury, even if only a temporary incapacity resulting from a common minor ailment, which is likely to impair his efficiency in performing those duties.
“ (2.) Where the incapacity impairs the efficiency of the holder of a licence for the performance of the duties in respect of which he is licensed—
(
a ) in the case of a student pilot licence, a private pilot licence, or a third class radiotelephony licence—for a period of thirty days or more ;(
b ) in the case of any other licence—for a period of seven days or more,
the holder of the licence shall not resume the performance of those duties until a qualified medical practitioner has certified that he has recovered from the incapacity.
“ (3.) A holder of a licence who obtains a medical certificate in accordance with the last preceding sub-regulation shall forward the certificate to the Director-General immediately after its receipt by him.”.
“ 71.—(1.) The following log books and logs shall be maintained in respect of every aircraft:—
(
a ) an aircraft log book ;(
b ) a engine log book for each engine installed in the aircraft ;(
c ) a propeller log book for every propeller in which provision is made for variation of the pitch of the blades in flight ;(
d )a radio maintenance log book for the radio apparatus (if any) installed in the aircraft ;(
e ) a journey log; and(
f ) a signal log, unless radio apparatus is not installed.
“ (2.) Logs and log books shall be of such type or character and shall contain such information as the Director-General directs or approves.
“ (3.) The information referred to in the last preceding sub-regulation shall be entered in the log or log book, as the case requires, by the person responsible for the maintenance of the log or log book immediately upon the information becoming available, and the entries shall be signed by that person.
“
(4.) The owner of an aircraft shall be responsible for the maintenance of the
log books specified in paragraphs (
“ (5.) The owner of an aircraft shall take such action as is necessary to ensure that the journey log and signal log are maintained in accordance with this regulation.
“ (6.) Every member of the operating crew shall maintain a personal log book.
“ (7.) The journey log and the signal log of an aircraft shall be carried in the aircraft, but log books required to be maintained in accordance with the provisions of this regulation may be left at the usual station of the aircraft.
“ (8.) All entries in log, and log books shall be made in ink or indelible pencil.
“ (9.) The Director-General may, subject to such conditions as he considers necessary, grant exemption from the requirements of this regulation in respect of an aircraft other than an aircraft engaged in international air navigation.
“ (10.) Logs and log books shall be preserved for not less than two years after the date of the last entry therein.
“ (11.) The owner of an aircraft shall make such arrangements as are approved for ensuring that copies of the entries made in any log book which is carried in the aircraft are recorded in a suitable form and kept in a safe place on the ground.
“ (12.) The information from a journey log shall, as soon as practicable, be entered in the appropriate log book.
“ (13.) Where a log book is left at the usual station of the aircraft and work or repairs are carried out away from that station, particulars of the work or repairs shall, as soon as practicable, be entered in the appropriate log book.”.
(
a ) by inserting in sub-regulation (1.), after the word “ log ”, the word “ book ”; and(
b )by inserting in sub-regulation (2.), after the word “ log ”, the word “ book ”.
“ 106a.—(1.) The holder of a licence to operate an international air service to or from Australian territory shall submit to the Director-General his tariff of charges for the carriage of persons and cargo on
that service and such tariff shall include charges for the carriage of persons and cargo between all stopping places on the route authorized in the licence.
“ (2.) The Director-General may—
(
a ) approve any tariff of charges submitted or deemed to have been submitted under this regulation;(
b ) approve any such tariff subject to such variations as he directs; or(
c ) reject any such tariff and direct the adoption in its stead of such tariff as he considers fair and reasonable for the service provided.
“ (3.) Any tariff of charges submitted to the Director-General and any approval given by the Director-General under the provisions of these Regulations which were in force immediately prior to the commencement of this regulation shall be deemed to have been submitted or approved, as the case may be, under this regulation.
“ (4.) On the application of the licence holder the Director-General may approve of any variation of a tariff of charge approved or deemed to have been approved, or directed to be adopted under this regulation.
“ (5.) When the Director-General considers the circumstances of the case so warrant, the Director-General may withdraw at any time an approval given, or deemed to have been given, or a direction given, under this regulation and direct the adoption in itsstead of such tariff as he considers fair and reasonable for the service provided.
“ (6.) The holder of the licence or any other person shall not charge, demand, collect or receive, or advertise that he will charge, for the carriage of persons or cargo on an international air service to or from Australian territory, an amount less than the amount approved or deemed to have been approved, or directed to be adopted, in accordance with this regulation.
“ 106b.—(1.) Where persons or cargo are carried partly by an international air service licensed under these Regulations and partly by other air or surface transport enterprises between a place in Australian territory and any other place, the Director-General may fix and declare a tariff of charges for the carriage of the persons or cargo between those places.
“ (2.) Notwithstanding that the Director-General has approved or directed the adoption of a tariff of charges for the carriage of persons and cargo between Australian territory and any other place in accordance with the last preceding regulation, the Director-General may fix and declare a different tariff of charges for carriage between those places if the route is different from the route in respect of which the approval or direction has been given and the carriage is partly on an international air service licensed under these Regulations and partly by other air or surface transport enterprises.
“ (3.) Where a tariff of charges for the carriage of persons or cargo between a place in Australian territory and any other place has been fixed and declared under this regulation, the holder of a licence to operate an international air service shall not take on or discharge in Australian territory persons or cargo which are to be carried, or have
been carried, partly by that licence holder and partly by other air or surface transport enterprises, between the places in respect of which the tariff of charges has been fixed and declared, for a charge which is less than the charge which has been so fixed and declared.
Penalty: Fifty pounds in respect of each passenger, and thrice the value of the cargo, in respect of which the offence is committed, but not exceeding in the total Two hundred pounds.
“ (4.) Where a tariff of charges for the carriage of persons or cargo between a place in Australian territory and any other place has been fixed and declared under this regulation, a person shall not—
(
a ) advertise that arrangements will be or have been made, or(
b ) sell a ticket or a series of tickets,
for the carriage of persons or cargo, partly by the holder of a licence to operate an international air service and partly by other air or surface transport enterprises, between places in respect of which the tariff of charges has been fixed and declared, for a charge which is less than the charge which has been fixed and declared.
(
a ) by omitting from paragraph (b )of sub-regulation (3.) the word “ or ” (last occurring);(
b ) by adding at the end of that sub-regulation the following paragraphs:—“ (
d ) the pilot of the aircraft is engaged in a baulked approach procedure, or the practice of such procedure under the supervision of a flight instructor or a check pilot ; or“ (
e ) the aircraft is flying in the course of actually taking-off or landing at an aerodrome.”; and(
c ) by omitting sub-regulation (4.).
“ 220a. The control seats of an aircraft equipped with fully or partially functioning dual controls shall not be occupied in flight except by pilots—
(
a )who are licensed in respect of the type of aircraft and the class of operations in which the aircraft is flown; or(
b )who hold such other licences, endorsements and ratings, and are authorized by the Director-General subject to such conditions, as the Director-General considers necessary in the interests of safety.”.
“ 235.—(1.) Immediately before taxying and taking-off on any flight, the pilot in command of an aircraft shall—
(
a )test the flight controls on the ground to the full limit of their travel and make such other tests as are necessary to ensure that those controls are functioning correctly; and(
b )ensure that the necessary action is taken for the removal of locking and safety devices and for the security of hatches, doors and tank caps.
“ (2.) The Director-General may give such directions as he considers necessary in the interests of safety in respect of the duties and responsibilities of the pilot in command and other persons for tests, checks and other precautions before the despatch of an aircraft on any flight.”.
“ (5.) The Director-General may issue directions as to the carriage in aircraft, and the use in such circumstances and subject to such conditions as he specifies, of medicinal preparations and drugs, including morphine and compounds of morphine or other opium alkaloids.
“ (6.) Any medicinal preparations or drugs may be carried and used in aircraft in accordance with a direction given by the Director-General in pursuance of the last preceding sub-regulation without any licence, authority or other permission prescribed or required by or under the law of a State or Territory of the Commonwealth.”.
“ 264a.—(1.) Whenever the Director-General is satisfied that it is necessary or desirable to ensure compliance with the provisions of the Convention and of these Regulations, or in the interests of public safety, so to do, he may, in relation to any holder of a licence, suspend or cancel a privilege prescribed in relation to the category of a licence by Part V, of these Regulations, or impose any limitation additional to the limitations prescribed by that Part, for such period as he specifies.
“ (2.) The provisions of this Part shall apply, to the full extent to which they are capable of application, to and in relation to the suspension or cancellation of a privilege and to and in relation to the imposition of an additional limitation under this, regulation in like manner as they apply to and in relation to the suspension or cancellation of a licence.”.
(
a ) by inserting, after sub-regulation (7.), the following sub-regulation :—“ (7a.) Any person who attempts to commit an offence against these Regulations shall be guilty of an offence and shall be punishable as if the attempted offence had been committed.”; and
(
b ) by inserting in sub-regulation (9.), after the word “ owner,”, the word “ operator,”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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