Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES.

1948. 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.

Dated the seventeenth day of June, 1948.

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. 

Parts.

1. Regulation 3 of the Air Navigation Regulations is amended by omitting the figures “327” and inserting in their stead the figures “330”.

The Civil Air Ensign.

2. Regulation 11 of the Air Navigation Regulations is amended by omitting from sub-regulation (1.) the words “may be flown” and inserting in their stead the words “shall not be flown, painted or otherwise displayed, except”.

3. Division 2 of Part III. of the Air Navigation Regulations is repealed and the following Division inserted in its stead:—

“Division 2.—Marking of Aircraft.

Nationality and registration marks.

“22.—(1.) An aircraft shall bear a nationality mark and a registration mark.

“(2.) The nationality mark for Australian aircraft shall be the letters VH.

“(3.) The registration mark shall consist of a group of three letters assigned by the Director-General.

“(4.) A hyphen shall be placed immediately after the nationality mark.

 

* Notified in the Commonwealth Gazette on 22nd June, 1948.

  Statutory Rules 1947, No. 112, asamended by Statutory Rules 1947, No. 162.

2481.—Price 5d.

 

“(5.) An aircraft shall carry, secured to the aircraft in a prominent position near the main entrance, a plate of fireproof metal inscribed with the nationality marks and registration marks and such other details as the Director-General requires, from time to time, in accordance with the Convention.

“(6.) The nationality marks and registration marks shall be affixed on the aircraft by painting or any other means ensuring a similar degree of permanence and shall be kept clean and visible at all times.

Location of marks.

“23.—(1.) The location of nationality marks and registration marks on aircraft shall be in accordance with this regulation.

“(2.) In the case of a lighter-than-air aircraft being—

(a) an airship, the marks shall appear on each side of the airship and also on the upper surface on the line of symmetry and they shall be located lengthwise near the maximum cross-section of the airship;

(b ) a spherical balloon, the marks shall appear in two places diametrically opposite and shall be located near the maximum horizontal circumference of the balloon; or

(c) a non-spherical balloon, the marks shall appear on each side and shall be located near the maximum cross-section of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cables.

“(3.) The side marks of all lighter-than-air aircraft shall be so located that they shall be visible both from the sides and from the ground.

“(4.) In the case of a heavier-than-air aircraft, the marks, shall, subject to sub-regulations (5.), (6.) and (7.) of this regulation, appear on the wings, the fuselage (or equivalent structure) and the vertical tail surfaces of the aircraft.

“(5.) The marks shall appear once on the upper surface of the wing structure and once on the lower surface of the wing structure of a heavier-than-air aircraft and they shall be located on the right half of the upper surface and on the left half of the lower surface of the wing structure, unless they extend across the whole of both the upper and the lower surfaces of the wing structure.

“(6.) The wing marks of a heavier-than-air aircraft shall, so far as is possible, be located equidistant from the leading and trailing edges of the wings and the top of the letters shall be toward the leading edge of the wing.

“(7.) The marks shall appear either on each side of the fuselage (or equivalent structure), between the wings and the tail surfaces, or on the upper halves of the vertical tail surfaces of a heavier-than-air aircraft, and—

(a) when located on a single vertical tail surface, they shall appear on both sides; or

(b) when located on multi-vertical tail surfaces, they shall appear on the outboard sides of the outer surfaces.

 

Type and measurements of letters for marks.

“24.—(1.) The typo of letters for nationality marks and registration marks and their measurements shall, subject to regulation 25 of these Regulations, be as follows:—

(a) The letters shall be capital letters in Roman characters without ornamentation.

(b) The letters in each separate group of marks shall be of equal height.

(c) The width of each letter (except the letter I) and the length of a hyphen shall be two-thirds of the height of a letter.

(d) The letters and hyphens shall be formed by solid lines the thickness of which shall be one-sixth of the height of a letter and which shall be of a colour contrasting clearly with the background.

(e) Each letter shall be separated from that which it immediately precedes or follows by a space equal to half the width of a letter, and, for the purpose of this paragraph, a hyphen shall be regarded as a letter.

(f) In the case of a lighter-than-air aircraft, the height of the marks shall be at least thirty inches.

(g) In the case of a heavier-than-air aircraft—

(i) the height of the marks on the wings shall be at least twenty inches; and

(ii) the marks on the fuselage (or equivalent structure) and on the vertical tail shall be as large as practicable, but shall not interfere with the visible outlines of the fuselage (or equivalent structure) and shall leave at least a two-inch margin along each edge of any vertical tail surface.

“(2.) Sub-paragraph (ii) of paragraph (g) of sub-regulation (1.) of this regulation, shall not be interpreted as requiring the use of marks exceeding six inches in height.

Marking of certain heavier-than-air aircraft.

“25. If a heavier-than-air aircraft does not possess parts corresponding with those mentioned in sub-regulation (4.) of regulation 23 of these Regulations and paragraph (g) of sub-regulation (1.) of regulation 24 of these Regulations, the marks shall appear on the aircraft in such manner as the Director-General determines so that the aircraft can be identified readily.”.

Periodical overhaul of aircraft.

4. Regulation 34 of the Air Navigation Regulations is amended by omitting from paragraph (e) of sub-regulation (2.) the word “minimum” and inserting in its stead the word “maximum”.

Requirements as to issue and custody of certificates of safety.

5. Regulation 39 of the Air Navigation Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “triplicate” and inserting in its stead the word “duplicate”;

(b) by omitting from sub-regulation (2.) the word “one” and inserting in its stead the words “the duplicate”;

 

(c) by omitting from that sub-regulation the words “and the other copy forwarded by such engineer to the owner of the aircraft”; and

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

“(3.) An original certificate of safety shall be carried in the aircraft until a further original certificate of safety has been issued in respect of that aircraft, when the first-mentioned certificate shall be forwarded by the pilot to the owner of the aircraft.”.

Examination of work of aircraft maintenance engineers, and endorsement, suspension and cancellation of licences.

6. Regulation 47 of the Air Navigation Regulations is amended by omitting the words “which has been inspected and certified or overhauled, modified or repaired and certified” and inserting in their stead the words “in respect of which an inspection, certification, overhaul, modification or repair has been commenced, is in progress or has been completed”.

Flight in areas other than control zones and control areas.

7. Regulation 153 of the Air Navigation Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the words “, if it is ” and inserting in their stead the words “and shall be”.

Aerial work licence.

8. Regulation 196 of the Air Navigation Regulations is amended by omitting the word “January” and inserting in its stead the word “September”.

Charter licence.

9. Regulation 197 of the Air Navigation Regulations is amended by omitting the word “January” and inserting in its stead the word “September”.

Conditions of issue for certain licences.

10. Regulation 199 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation;—

“(4.) An aerial work or a charter licence shall not be deemed to authorize any flight between a place in Australian territory and a place outside Australian territory, or between places outside Australian territory, except with the express approval of the Director-General, and, without limiting the generality of the power conferred upon the Director-General by sub-regulation (3.) of this regulation, the Director-General may grant such approval subject to such conditions as he considers necessary or desirable in relation to that flight, or may refuse to approve.”.

11. After regulation 199 of the Air Navigation Regulations the following regulation is inserted:—

Form and consolidation of licences.

“109a.—(1.) Every licence under these Regulations shall be in the approved form, and, if the Director-General considers it convenient, he may issue to the operator of more than one service a licence in consolidated form in respect of those services, although those services include interstate services as well as services other than interstate services.

“(2.) Where a licence is issued in consolidated form, the provisions of these Regulations relating to the imposition and variation of conditions and the renewal, suspension, cancellation and amendment of

licences shall apply in respect of each separate service authorized under the licence as if the licence in its application to that service were a separate licence.”.

Incidents to be reported.

12. Regulation 274 of the Air Navigation Regulations is amended by omitting the words “in Australian territory”.

Powers of investigator.

13. Regulation 279 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) A summons under this regulation shall be in writing under the hand of the investigator and shall specify the time and the place for the taking of evidence and the documents and the parts or components of an aircraft (if any) required to be produced.”.

Witnesses.

14. Regulation 281 of the Air Navigation Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulation:—

“(1a.) If a person objects to answer a question asked of him in pursuance of this regulation on the ground that the answer might tend to incriminate him or make him liable to any penalty and the investigator informs that person of his liability under the regulation to answer that question, the person shall not refuse to answer the question but the answer given shall not be admissible in evidence in any proceedings against him other than proceedings in respect of the falsity of the answer or in respect of the refusal or failure to answer the question.”.

Investigation of accidents and incidents outside Australian territory.

15. Regulation 285 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Where an incident occurs outside Australian territory to an Australian aircraft, the Minister may authorize an investigator to conduct an investigation into any matter connected with the incident.”.

Sittings and rules of procedure and evidence.

16. Regulation 290 of the Air Navigation Regulations is amended by inserting in sub-regulation (1.) after the word “State” the words “or Territory”.

Institution of summary prosecution.

17. Regulation 317 of the Air Navigation Regulations is amended by adding at the end thereof the following sub-regulation:—

“ (3.) For the purpose of the summary prosecution of a person for an offence against these Regulations, the offence shall be deemed to have been committed either at the place in which it was actually committed or at any place in which the person may be.”.

18. After regulation 327 of the Air Navigation Regulations the following regulations are added:—

Colouring of certain aircraft.

“328. Where the usual station of an aircraft is in a tropical area or such other area as the Director-General determines, the colour of the aircraft shall be such colour, contrasting with that of the natural flora and the terrain of the area, as the Director-General directs.

Supply of particulars of certificate and licences.

“329. A person may, on payment of such fee, not exceeding Five shillings, as the Director-General determines and directs, be supplied with a certificate bearing the written, stamped or printed signature of

2481.—2

 

the Director-General certifying to the particulars entered in the register or records of the Department in respect of any certificate of registration or of airworthiness, or any licence of a member of an operating crew or of an aircraft maintenance engineer, issued under these Regulations.

Powers of pilot in command.

“330. The pilot in command of an aircraft may—

(a) take such action (including the removal of any person from the aircraft or the placing of any person under restraint or in custody, by force) as he considers reasonably necessary to ensure compliance with these Regulations and the safety of the aircraft, crew, passengers or cargo; and

(b) may detain the passengers, crew and cargo for such period as he considers reasonably necessary to ensure compliance with sub-regulation (1.) of regulation 114 of those Regulations.”.

 

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