Air Navigation Regulations (Amendment) (Cth)

STATUTORY RULES.

1941. No. 16.

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REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1936.*

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 1920-1936.

Dated this twenty-ninth day of January, 1941.

Governor-General.

By His Excellency’s Command,

Minister of State for Civil Aviation.

Amendment of the Air Navigation Regulations. 

Interpretation.

1. In these Regulations any reference to a regulation shall be read as a reference to a regulation contained in the Air Navigation Regulations, as amended to the date of commencement of these Regulations.

Aerial acrobatics and trick flying.

2. Regulation 24 is amended by inserting, after the word “aircraft—”, the following paragraph:—

“(aa) without prejudice to rule 52 of the Rules in the First Schedule to these Regulations, engage in aerial acrobatics unless flying at a height greater than 3,000 feet;”.

3. Regulation 25 is repealed and the following regulations inserted in its stead:—

Carriage of navigator.

“25.—(1.) Every aircraft in use on international public transport shall have on board—

(a) a navigator who holds a first or second class navigator’s licence if the aircraft has to fly without landing—

(i) by day, more than 100 miles; or

(ii) by night, more than 15 miles;

(b) a navigator who holds a first class navigator’s licence if the aircraft has to fly without landing—

(i) by day, more than 620 miles entirely over the high seas or regions which are not suitably marked or protected by radio-electric means and recognized as such by the Director-General; or

(ii) by night, more than 620 miles.

* Notified in the Commonwealth Gazette on 30th January, 1941.

  Statutory Rules 1937, No. 81, as amended by Statutory Rules 1938, No. 104; 1939, Nos. 2, 122; and 1940, Nos. 25, 155 and 162.

 

“(2.) Subject to the next succeeding sub-regulation, except in the case of flights by night over routes which are not suitably marked or protected by radio-electric means and recognized as such by the Director-General, a commercial pilot who holds the necessary navigator’s licence may, even if he is alone on board, fulfil the duties of navigator.

“(3.) Where an aircraft is required to have on board a first class navigator, the duties of navigator shall not be performed by the pilot unless a second pilot is on board who is authorized and competent to take charge of the aircraft.

“(4.) Where an aircraft is required to have on board another member of the operating crew in addition to the pilot, the duties of navigator may be performed by the additional member of the operating crew, provided he holds the necessary navigator’s licence.

“(5.) For the purposes of this regulation—

‘over the high seas’, in relation to any flight, means a flight in the course of which an aircraft may find itself at a distance of more than 62 miles from the coast; and

‘night’ means the period commencing one hour after sunset and terminating one hour before sunrise.

Pilot or commander to obtain meteorological information.

“25a.—(1.) The pilot or commander in charge of an aircraft in which he intends to make a flight in the course of which the aircraft will pass beyond a radius of fifty miles from the point of departure shall—

(a) before commencing the flight, procure such information as will enable him to acquire knowledge of the general meteorological situation and of the way in which it is developing; and

(b) immediately before departure on the flight ascertain, from such information as is available at the aerodrome or other place of departure—

(i) the meteorological conditions anticipated along the routes he may follow for the period during which the aircraft will be flying; and

(ii) the latest observed meteorological conditions at places along those routes, or at places so near to those routes as to render the meteorological conditions existing at those places significant for the purposes of the intended flight.

“(2.) When an aircraft is about to depart on a flight to which the last preceding sub-regulation applies from an aerodrome at which a meteorological forecasting service is in operation, the pilot or commander in charge of the aircraft shall, for the purposes of that sub-regulation, if possible, consult personally the meteorological officer at that aerodrome.”.

Nationality and registration marks.

4. Regulation 33 is amended—

(a) by omitting from sub-regulation (2.) the words “five letters” and inserting in their stead the words “five capital letters in Roman characters without ornamentation”;

(b) by omitting from sub-regulations (3.) and (4.) the words “in Roman characters”; and

(c) by omitting from sub-regulation (5.) the words “equal to the width of one of the letters”.

5. Regulation 38 is repealed and the following regulation inserted in its stead:—

Width and thickness of letters in marks, &c.

“38. The following provisions with respect to the letters in the nationality and registration marks shall be complied with:—

(a) The width of each letter and the length of the hyphen shall be two-thirds of the height of the letters, and the thickness of the lines forming the letters and the hyphen shall be one-sixth of that height;

(b) As nearly as the constructional features of the aircraft admit, each letter shall be separated from the letter which immediately precedes or follows it (for this purpose the hyphen being regarded as a letter) by a space equal to half the width of the individual letters; and

(c) In order to render the marks clearly legible, the lines forming the letters and the hyphen shall be solid and of a uniform colour contrasting clearly with the background on which they are placed.”.

Prescribed period for inspection of public transport aircraft.

6. Regulation 46 is amended by omitting paragraph (a) of sub-regulation (5.) and inserting in its stead the following paragraph:—

“(a) in the case of a public transport aircraft—

(i) a period of 24 hours; or

(ii) in relation to a particular aircraft, where the Director-General is satisfied that the safety of the aircraft will not be prejudiced, and subject to compliance with such conditions as the Director-General considers necessary—such period exceeding 24 hours as the Director-General fixes;”.

7. Regulation 61 is repealed and the following regulation inserted in its stead:—

Duration of licences.

“61.—(1.) Subject to Part XIII. of these Regulations, a licence issued under this Part shall remain in force for such period as is specified in the licence, but not exceeding—

(a) in the case of a private pilot’s licence—12 months for pilots who are less than 50 years of age, and 6 months for pilots who are not less than 50 years of age;

(b) in the case of a commercial pilot’s licence—6 months;

(c) in the case of a navigator’s licence—12 months; and

(d) in the case of a radio operator’s licence—24 months.

“(2.) Any such licence may be renewed from time to time for any period not exceeding that mentioned in the last preceding sub-regulation in respect of the issue of such licence.”.

Further medical examination of commercial pilots.

8. Regulation 69 is amended by inserting, after the words “one hundred”, the words “and twenty”.

Requirements for navigator’s licence.

9. Regulation 73 is amended by inserting in sub-regulation (1.), after the word “shall—”, the following paragraph:—

“(aa) produce satisfactory evidence that he has been the holder of a second class navigator’s licence for at least one year;”.

Log books to be kept.

10. Regulation 80 is amended—

(a) by omitting from paragraph (b) of sub-regulation (1.) the words “and aerial work aircraft”;

(b) by inserting in sub-paragraph (iii) of that paragraph, before the words “a journey”, the words “subject to sub-regulation (5.) of this regulation,”;

(c) by inserting in sub-paragraph (iii) of paragraph (c) of sub-regulation (1.), before the words “a journey”, the words “subject to sub-regulation (5.) of this regulation,”;

(d) by inserting in sub-paragraph (iv) of the lastmentioned paragraph, before the words “a signal”, the words “subject to sub-regulation (6.) of this regulation,”; and

 

(e) by adding at the end thereof the following sub-regulations:—

“(5.) Where, in respect of an aircraft not engaged in international navigation, a ‘flight record’ is kept in a form approved by the Director-General, the Director-General may, subject to such conditions as he thinks fit, grant exemption from the requirements of this regulation as to the keeping of a journey log book in respect of that aircraft.

“(6.) It shall not be necessary for a signal log book to be kept in respect of an aircraft which has no crew other than one pilot, and which is not engaged in international navigation.

“(7.) The aircraft log book, the engine log book and the airscrew log book or any one or more of them may, with the permission of the Director-General, be left at the usual station of the aircraft.

“(8.) Where, in pursuance of the last preceding sub-regulation, a log book is left at the aircraft station, a record shall be maintained and carried on the aircraft of all matters required to be entered in that log book, and those matters shall, as soon as practicable, be entered into the log book.”.

11. Regulation 83 is repealed and the following regulation inserted in its stead:—

Journey log.

“83.—(1.) The journey log shall contain—

(a) the nationality and registration marks of the aircraft;

(b) its classification and type;

(c) the name of the constructor;

(d) the full name, nationality and residence of the owner; and

(e) the usual station of the aircraft.

“(2.) There shall be entered in the journey log in respect of each journey—

(a) the date of the journey;

(b) the names and duties of the operating crew;

(c) the place and time of original departure, and the times of arrival at and departure from each landing place on the journey;

(d) hours of flight and nature of flight;

(e) incidents and observations (if any);

(f) the signature of the pilot or commander of the aircraft; and

(g) visas by the Customs Authorities and by the Aeronautical Authorities where such are required.”.

Carriage of wireless apparatus on aircraft.

12. Regulation 89 is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) Every Australian aircraft used on a regular public transport service and such other public transport aircraft as the Minister from time to time directs shall be equipped with wireless telegraph apparatus capable of sending and receiving Morse or spoken messages and of receiving wireless transmissions arranged to provide aid for navigation and landing and in condition for normal working during flight and when alighted on ground or water. The wireless telegraph apparatus shall be capable of being operated in conjunction with the aeradio system provided by the Department of Civil Aviation:

Provided that the Minister may, for such period and subject to such conditions as he determines, exempt an aircraft, either wholly or in part, from the operation of this sub-regulation.

“(3a.) For the purposes of the last preceding sub-regulation, a public transport service shall be deemed to be a regular public transport service if it is operated on two or more occasions within any period of four weeks between any two places situated more than fifty miles apart.”.

Call sign for aircraft.

13. Regulation 91 is amended—

(a)by omitting from sub-regulation (1.) the words “preceded, in the case of radiotelephony, by the name of the owner of the aircraft”; and

(b) by omitting paragraph (a) of the proviso to sub-regulation (1.) and inserting in its stead the following paragraph:—

“(a) In the case of signals transmitted by radio-telegraphy, the first letter and the last two letters of the complete call sign of five letters may be used, unless there is a possibility of confusion with another abridged call sign composed of the same letters, when the complete call sign shall be used;”.

Aerodrome licences.

14. Regulation 107 is amended—

(a) by omitting from sub-regulations (1.) and (3.) the words “open to public use by aircraft to which these Regulations apply” and inserting in their stead the words “by aircraft carrying passengers or goods for hire or reward”; and

(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) The tariff of charges for landings and length of stay at aerodromes licensed under this regulation shall be subject to the approval of the Minister and every tariff so approved shall be notified in Notices to Airmen.”.

Compliance with requirements of Art. 24 of Convention.

15. Regulation 108 is amended—

(a) by inserting, after the word “licensed”, the words “or established”; and

(b)by inserting, after the word “charges” (second occurring) the words “(if any)”.

Compliance with rules as to lights, signals and air traffic.

16. Regulation 109 is amended by inserting after the word “observed” the words “, so far as they are applicable,”.

17. After regulation 110 the following regulations are inserted:—

Establishment of aerodromes and aids to aerial navigation.

“110a.—(1.) The Minister may—

(a) establish aerodromes and aids to aerial navigation;

(b) add to, alter, abolish or remove any aerodrome or aid so established; and

(c) vary the character of any aid so established or of the signals or assistance given thereby.

“(2.) Aerodromes and aids to aerial navigation established in pursuance of this regulation shall be under the control and management of the Director-General who may fix the conditions of the use thereof (including the charges payable in respect of such use).

“(3.) Every tariff of charges fixed in accordance with the last preceding sub-regulation shall be notified in Notices to Airmen.

“(4.) The Minister may determine whether any aerodrome established in pursuance of this regulation shall be open to public use.

Protection from actions.

“110b. No action or other civil proceeding shall be maintainable against the Commonwealth, the Minister, the Director-General, or any officer of the Commonwealth by reason of any act, default, error or omission, whether negligent or otherwise, in relation to any aerodrome or aid to aerial navigation.

Aerodromes to be used by passenger aircraft.

“110c. An aircraft carrying passengers or goods for hire or reward shall not use any place as an aerodrome unless that place has been licensed as an aerodrome under this Part or is an aerodrome under the control and management of the Director-General.

Directions regarding use of aerodromes and aids to navigation.

“110d. The Director-General may, in relation to any aerodrome or aid to aerial navigation licensed or established under this Part, issue such directions as he considers necessary to ensure compliance with the Convention and the safety of aircraft using the aerodrome or aid.”.

Offences and penalties.

18. Regulation 135 is amended by inserting in sub-regulation (1.), after the word “Regulations” (second occurring), the words “and any condition or direction subject to which any aerodrome or aid to aerial navigation may be used”.

Amendment of the First Schedule.

19. The First Schedule to the Air Navigation Regulations is amended—

(a) by omitting paragraph (c) of rule 25;

(b) by omitting rule 29 and inserting in its stead the following rule:—

Signals requiring aircraft to land

“29.—(1.) To require an aircraft to land, whether by day or by night, the following signals shall be used, namely, a series of projectiles discharged at intervals of ten seconds, each showing on bursting green lights or stars.

“(2.) In addition to the signals specified in the last preceding sub-rule, if it is necessary to distinguish amongst several aircraft which is to land, a continuous white luminous beam shall be directed at that aircraft which is to land.

“(3.) Notwithstanding anything contained in the preceding provisions of this rule, when an authority who desires to give the order to land is able to establish radio-electric communication with the aircraft, an order requiring an aircraft to land may be given by using that means of communication.”;

(c) by omitting from rule 30 all the words from and including the words “The following signals” to and including the words “lights or stars:” and inserting in their stead the following words:—

“The following signals shall be used to indicate that an aircraft is in the vicinity of a prohibited area, or an area over which flight is temporarily prohibited or restricted, and should change its course:—

(a) By day, a series of projectiles discharged at intervals of ten seconds, each showing on bursting black or white smoke; and

(b) By night, a series of projectiles discharged at intervals of ten seconds, showing on bursting white lights or stars, or an intermittent white luminous beam directed at the aircraft:”;

(d) by omitting rule 38 and inserting in its stead the following rule:—

Aircraft overtaking another.

“38.—(1.) An aircraft which overtakes another aircraft shall keep out of the way of the overtaken aircraft by altering its own course to the right.

“(2.) An aircraft approaching another aircraft from the rear, following a course forming an angle of less than 70 degrees with the plane of symmetry of the aircraft approached, that is to say, in such a position with reference to the aircraft which it is approaching that at night it would be unable to see either of that other aircraft’s side lights, shall be deemed to be an overtaking aircraft, and no subsequent alteration of the relative position of the two aircraft shall make the aircraft which approaches the other a crossing aircraft within the meaning of the rules contained in this Schedule, or relieve it of the duty of keeping clear of the course of the overtaken aircraft until it is entirely passed and clear.

“(3.) As by day an aircraft which approaches another from the rear cannot always know with certainty whether it comes within the last preceding sub-rule, the aircraft shall, if in doubt, assume that it is overtaking the other aircraft and alter its own course to the right.”;

 

(e) by omitting the heading to Part VII. and inserting in its stead the following heading:—

“Part VII.—Special Rules Relating to Aircraft on the Surface or near the Surface of Water”;

(f) by adding at the end of rule 62 the following sub-rule:—

“(4.) Every aircraft in flight or in process of manoeuvring near the surface of the water shall as far as possible keep clear of all vessels and avoid impeding the navigation thereof”; and

(g) by inserting after rule 63 the following rule:—

Pilot or commander to obtain meteorological information.

“63a. The pilot or commander in charge of an aircraft shall, before departure on any flight to which regulation 25a of the Air Navigation Regulations applies, conform to the requirements of that regulation.”.

 

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