Air Navigation Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1936.*
I, THE DEPUTY OF 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 fourth day of August, 1937.
Deputy of the Governor-General.
By His Excellency’s Command,
AIR NAVIGATION REGULATIONS.
Part I.—Preliminary.
(2.) Part VII. of these Regulations shall take effect on and from the first day of October, 1937.
Part I.—Preliminary.
Part II.—Civil Aviation Board.
Part III.—Conditions of flight within Australian Territory.
Division 1.—General.
Division 2.—Conditions as to Safety.
Part IV.—Registration and Marking of Australian Aircraft.
Division 1.—Registration of Aircraft.
Division 2.—Marking of Aircraft.
Part V.—Certificates of Airworthiness.
Part VI.—Certificates of Competency and Licences.
Part VII.—Public Transport Services.
Part VIII.—Log-books.
Part IX.—Wireless Telegraph Apparatus and Operators.
Part X.—Investigation of Accidents.
Part XI.—Aerodromes and Air Beacons.
Part XII.—International Airways.
Part XIII.—Suspension or Cancellation of Licences and Certificates.
Part XIV.—Miscellaneous.
* Notified in the
Commonwealth Gazette on ,1937.
3557.—Price 2s.
“aerial work aircraft” means aircraft used for an industrial or commercial purpose or any lucrative purpose other than transport of the kind specified in this regulation in the definition of “public transport aircraft”;
“aerodrome” means any definite ground or water area used or intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes the landing area, neutral zone, and building area included within such ground or water area;
“aerodyne” means an aircraft whose support in flight is mainly secured by aerodynamic reactions;
“aeroplane” means a mechanically-driven aerodyne supported in flight by aerodynamic reactions on wings remaining fixed in course of the same condition of flight; “aerostat” means an aircraft whose support in flight is mainly secured by its buoyancy in air;
“aircraft” means any machine which can support itself in the atmosphere from the reactions of the air upon it, and includes balloons, whether fixed or free, airships, gyroplanes, aeroplane, and, except in Parts IV. and V., gliders and kites;
“airship” means a mechanically-driven aerostat with means of directional control;
“amphibian” means an aeroplane capable normally of taking off from and alighting on either land or water;
“approved” means approved by the Board;
“Australian territory” includes the Commonwealth and the Territories, the territorial waters of the Commonwealth and of the Territories, and the air space above such territory and territorial waters;
“authorized” means authorized by the Board;
“balloon” means an aerostat, either captive or free, non-mechanically-driven;
“Contracting State” means any State which is for the time being a party to the Convention;
“glider” means a non-mechanically-driven aerodyne supported in flight by aerodynamic reactions on surfaces remaining fixed under the same condition of flight;
“kite” means a glider normally moored to the ground;
“licensed” means licensed under these Regulations;
“major damage” in relation to an aircraft means—
(
a ) the fracture or distortion of any structurally important member of the airframe or controls;(
b ) the fracture or bending of an airscrew; or(
c ) the failure of any functionally important part of an engine or of its essential accessories;“military aircraft” means naval, military or air force aircraft, and includes any aircraft commanded by a person in the naval, military or air force service who is detailed to command the aircraft;
“Notices to Airmen” means notices sent by the Board from time to time to persons who hold licences issued under these Regulations;
“operating crew,” in relation to any aircraft, includes every person acting as commander, pilot, navigator, radio operator or flight engineer, and also includes the stewards and stewardesses of the aircraft;
“passenger” means any person carried for hire or reward in any aircraft, and includes any person actually carried in a public transport aircraft, other than members of the operating crew, licensed ground engineers and persons authorized to inspect aircraft or investigate matters connected with the operation thereof;
“private aircraft” means aircraft used for purposes other than those specified in this regulation in the definitions of “aerial work aircraft” and “public transport aircraft”; “prohibited area” means any area declared by the Minister, by notice in the Gazette, to be a prohibited area for the purposes of these Regulations;
“proprietor of an aerodrome” includes any person responsible for the management of an aerodrome;
“public transport aircraft” means all aircraft used for carrying persons or things for a remuneration of no matter what nature, or even without remuneration, if the transport is effected by an air transport undertaking;
“public transport service” means a service for the carriage of persons or goods for hire or reward;
“registered” means registered under these Regulations;
“seaplane” means an aeroplane capable normally of taking off from and alighting on water;
“serious injury” means an injury sustained by any person which is certified to be serious by a duly qualified medical practitioner;
“the Board” means the Civil Aviation Board constituted under these Regulations;
“the Convention” means the Convention relating to the Regulation of Aerial Navigation signed in Paris on the thirteenth day of October, One thousand nine hundred and nineteen, and includes any amendments of the Convention made under article thirty-four thereof;
“the Minister” means the Minister of State for Defence, and includes any Minister or member of the Executive Council for the time being acting for or on behalf of such Minister;
“the Secretary” means the Secretary to the Board, and includes any officer authorised for the time being to perform the duties of the Secretary;
“wireless telegraph apparatus” includes any apparatus for transmitting or receiving telegraphic or telephonic messages by means of electricity without a continuous metallic connexion between the transmitter and the receiver.
(2.) For the purposes of these Regulations—
(
a ) an aircraft shall be deemed to possess the nationality of the Contracting State on the register of which it is entered; and(
b ) an aircraft registered in pursuance of these Regulations shall be deemed to be an Australian aircraft.
(
a ) international air navigation within Australian territory,(
b ) air navigation in relation to trade and commerce with other countries and among the States,(
c ) air navigation within the Territories,
and to aircraft engaged in such navigation and aerodromes open to public use by such aircraft.
(2.) The rules contained in the First Schedule to these Regulations shall apply to—
(
a ) all air navigation within Australian territory,(
b ) all aircraft engaged in such navigation, and(
c ) all aerodromes in Australian territory which are open to public use,
and shall apply to Australian aircraft when engaged in air navigation outside Australian territory.
(3.) Notwithstanding the preceding provisions of this regulation—
(
a ) these Regulations shall not apply to Australian military aircraft or Royal Australian Air Force aerodromes, and(
b ) Parts IV., V., VI., VIII. and XIII. of these Regulations shall not apply to foreign aircraft.
(2.) The Board may by writing signed by the members of the Board, delegate any of its powers or functions under these Regulations (except this power of delegation) in relation to any matter or class of matters, or in relation to any part of the Commonwealth or of a Territory, so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters, or the part of the Commonwealth or Territory, specified in the instrument of delegation.
(3.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister or the Board, as the case may be.
Part II.—Civil Aviation Board.
The Controller-General of Civil Aviation;
The Controller of Operations, Civil Aviation;
The Controller of Ground Organization, Civil Aviation;
and a Finance Member appointed by the Minister.
(2.) The Board shall maintain case liaison with the Air Board in matters of common interest.
(2.) The Minister may appoint a member of the Board as Deputy Chairman and, in the event of the absence of the Chairman from any meeting, that member shall act as Chairman.
(2.) At all meetings of the Board, three members of the Board shall form a quorum.
(2.) In assigning duties to members, the Minister shall have regard to the following principles:—
(
a ) Matters relating to civil aviation policy, the administration of Commonwealth civil aviation legislation, international conventions relating to air navigation, and the development of new air transport services and other civil aviation activities shall be assigned to the Controller-General of Civil Aviation;(
b ) Matters relating to air transport services and aero clubs, the control of aviation activities (including the licensing of persons to act as members of the operating crew of aircraft, the issue of certificates of airworthiness and the inspection of aircraft), liaison with the Air Force on matters of common interest, and wireless and meteorological facilities shall be assigned to the Controller of Operations, Civil Aviation;(
c ) Matters relating to the selection, acquisition and maintenance of landing grounds and buildings and the execution and supply of works and services in connexion therewith the lighting of air routes and the preparation of route maps shall be assigned to the Controller of Ground Organization, Civil Aviation;(
d ) Financial matters, including the control of, and accounting for, expenditure, the preparation of estimates of receipts and expenditure for the information of Parliament, and the review of proposals for new expenditure shall be assigned to the Finance Member.
(3.) Any member to whom duties are assigned under this regulation may determine all matters which fall within the duties so assigned and are declared by the Board to be matters of routine.
(2.) A copy of every decision and recommendation made by the Board at any meeting shall be sent, immediately after the meeting, to the Minister and to the Secretary to the Department of Defence.
(
a ) any matters for which the approval of the Minister is required by legislation;(
b ) any matters in respect of which the members of the Board are divided in opinion, or which, for any other reason, the Board considers it desirable to refer to the Minister; and(
c ) such other matters as the Minister directs.
Part III.—Conditions of Flight within Australian Territory.
(
a ) it is registered and has a nationality mark and registration mark painted on or affixed to it in accordance with the requirements of Annex A to the Convention;(
b ) it is certified as airworthy in accordance with the conditions set forth in Annex B to the Convention, and complies with the conditions of its certificate of airworthiness;(
c ) it complies with the conditions contained in Annex E to the Convention in respect of the number and description of and the holding of certificates of competency and licences by, the operating crew;(
d ) it carries the documents specified in regulation 18 of these Regulations; and(
e ) it complies with the rules contained in the First Schedule to these Regulations:
Provided that—
(i) paragraphs (
a ), (b ) and (d ) of this sub-regulation shall not apply to aircraft flown, in accordance with the permission and directions of the Board, for the purpose of experiment or test only, within 3 miles of a licensed aerodrome or an approved aerodrome; and(ii) paragraph (
c ) of this sub-regulation, in so far as it relates to the licensing of the pilot, shall not apply within 3 miles of a licensed aerodrome or an approved aerodrome, in the case of a person making practice flights necessary for the purpose of qualifying for the issue or renewal of a pilot’s licence or undergoing official tests for that purpose:
Provided further that the Minister may permit the flight within Australian territory of an aircraft which does not possess the nationality of a Contracting State subject to such conditions as to the duration of the flight as he thinks fit, and to such other conditions as are necessary to ensure compliance with the general principles contained in the Convention and that the rights of the Contracting States are not infringed.
(2.) An Australian aircraft shall be deemed to
comply with the requirements of paragraphs (
(
a ) it is registered and has a nationality mark and registration mark painted on or affixed to it in accordance with Part IV. of these Regulations;(
b ) it is certified as airworthy in accordance with Part V. of these Regulations, and complies with the conditions of its certificate of airworthiness; and(
c ) it complies with these Regulations in respect of the number and description of, and the holding of certificates of competency and licences by, the operating crew.
(
a ) the certificate of registration;(
b ) the certificate of airworthiness;(
c ) the certificate of safety referred to in regulation 46 of these Regulations;(
d ) the licences of the operating crew;(
e ) log-books in accordance with Part VIII. of these Regulations;(
f ) the licence (if any) to use wireless apparatus in the aircraft;(
g ) a list of the names of any passengers carried; and(
h ) the bills of lading and manifest in respect of any goods carried.
(
a ) an aircraft engaged in international navigation shall not carry explosives, arms of war or munitions of war; and(
b ) a foreign aircraft shall not carry explosives, arms of war or munitions of war between any two points within Australian territory.
(2.) If the person in charge of any aircraft finds that the aircraft is above a prohibited area, he shall, as soon as possible after becoming aware of the fact, give the signal of distress provided for in rule 23 in the First Schedule to these Regulations, and land at one of the nearest aerodromes outside the prohibited area.
Provided that the Board may, subject to such conditions as it thinks fit, authorize the dropping of packages or other articles from aircraft.
(2.) Without prejudice to the last preceding sub-regulation an aircraft shall not fly over—
(
a ) any city, town or populous area at a lower altitude than 1,500 feet; or(
b ) any other area at a lower altitude than 500 feet,
unless through stress of weather or other unavoidable cause it is essential that a lower altitude should be maintained.
(3.) Nothing in this regulation shall apply to an aircraft which is departing from, or about to land at, a licensed aerodrome or an aerodrome under the control and management of the Board, whilst the aircraft is within a distance of one mile from the nearest boundary of the aerodrome.
(
a ) engage in any trick flying or exhibition flying over any city, town or populous area;(
b ) except with the permission in writing of the Board, engage in any trick flying or exhibition flying over any regatta, race meeting or meeting for public games or sports;
(
c ) engage in any flying, which by reason of low altitude or proximity to persons, shipping or buildings, is dangerous; or(
d ) except with the permission in writing of the Board, fly over any regatta, race meeting or any public gathering over which flight has been prohibited by direction of the Board notified in Notices to Airmen.
(
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 over inhabited regions, or more than 100 miles but not more than 620 miles entirely over the high seas or uninhabited regions; or
(ii) by night, more than 15 miles but not more than 620 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 uninhabited regions, or
(ii) by night, more than 620 miles.
(2.) A commercial pilot who holds the necessary navigator’s licence may, even if he is alone on board, fulfil the duties of navigator in the case of—
(
a ) day flights over inhabited regions,(
b ) day flights of not more than 620 miles over the high seas or uninhabited regions, or(
c ) night flights over routes suitably marked and recognized as air traffic routes by the Board.
(3.) Unless a second pilot is on board who is authorized and competent to take charge of the aircraft, the duties of navigator shall not be performed by a pilot—
(
a ) on a continuous day flight of more than 620 miles over the high seas or uninhabited regions, or(
b ) on a night flight, except when the route followed is suitably marked and recognized as an air traffic route by the Board.
(4.) When 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 a navigator’s licence.
(5.) For the purposes of this regulation—
“flight over the high seas” means a flight in the course of which an aircraft may find itself at a distance of more than 62 miles from the coast;
“night” means the period commencing one hour after sunset and terminating one hour before sunrise; and
“uninhabited region” means a region where, in consequence of the sparsity of the population and of the absence of natural landmarks or the insufficiency of the maps, the difficulties of navigation are similar to those met with over the high seas.
Part IV.—Registration and Marking of Australian Aircraft.
(2.) The entry in the register and the certificate of registration shall contain a description of the aircraft and shall indicate the number or other identification mark given to it by the manufacturer, the nationality and registration marks referred to in regulation 33 of these Regulations, the usual station of the aircraft, the full name, nationality and residence of the owner and the date of registration.
(3.) The certificate of registration shall be in accordance with the form set out in Annex A to the Convention.
(
a ) a notification of the change of ownership, setting out the name, address and nationality of the new owner, and the date of change of ownership, and(
b ) the certificate of registration of the aircraft,
and the certificate of registration shall then be cancelled and an appropriate entry made in the register.
(2.) Upon application by the new owner of the, aircraft, the Board may issue to him a fresh certificate of registration and register him as the owner of the aircraft.
(
a ) a notification of the destruction or withdrawal from use, and(
b ) the certificate of registration of the aircraft,
and the certificate of registration shall then be cancelled and an appropriate entry made in the register.
(2.) The nationality and registration marks borne by aircraft shall be constituted by a group of five letters.
(3.) The nationality mark for Australian aircraft shall be the capital letters VH in Roman characters.
(4.) The registration mark shall be that assigned to it by the Board and shall consist of a group of three capital letters in Roman characters.
(5.) A hyphen equal to the width of one of the letters shall be placed immediately after the nationality mark.
(
a ) In the case of aerostats being—(i) airships, the marks shall be painted near the maximum cross-section so as to appear on both sides and on the upper surface equidistant from the letters on the sides;
(ii) spherical balloons, the marks shall be painted twice near the maximum horizontal circumference of the balloon and shall be placed as far as possible from one another; and
(iii) non-spherical balloons, the marks shall be painted near the maximum cross-section on both sides immediately above the rigging band on the points of attachment at the basket suspension cables;
(
b ) In the case of aeroplanes, the marks shall be painted—(i) once on the lower surface of the main plane structure and once on the upper surface of the main plane structure, the top of the letters to be towards the leading edge; and
(ii) along each side of the fuselage or body between the main planes and the tail planes;
(
c ) In the case of other aerodynes, the provisions of paragraph (b ) shall be applicable in so far as the aerodynes comprise corresponding elements on which marks can be placed.
(2.) In the case of all aerostats, the side marks shall be so placed as to be visible both from the sides and from the ground.
(3.) For the purposes of this regulation, a mark shall be deemed to be painted if it is affixed to an aircraft by such means as will ensure that the mark will be as permanent as if painted on the aircraft.
(2.) The marks shall always be kept clean and visible.
(
a ) In the case of aerostats being—(i) airships and non-spherical balloons, the height of the marks shall be equal to at least one-twelfth of the perimeter of the airship or balloon at its maximum cross-section;
(ii) spherical balloons, the height of the marks shall be equal to at least one-fifteenth of the maximum horizontal circumference of the balloon;
(
b ) In the case of aeroplanes, the marks to be painted on the wings and on the fuselage or body of an aeroplane shall, asregards each group of marks, be formed of letters of equal height, as large as possible, without however touching the visible outline of the wings or of the fuselage or body:
Provided that it shall not be necessary for the letters of the nationality and registration marks on any aircraft to exceed 8 feet in height.
(
a ) The width of the letters shall be two-thirds of their height;(
b ) The thickness of the letters shall be one-sixth of their height;(
c ) Except as expressly prescribed in any other regulation, a space equal to one-half the width of the letters shall be left between the letters; and(
d ) The letters shall be in plain block type of a uniform shape and size.
(
a ) the weight thereof when empty (including water in the radiators when fitted with liquid cooled engines and all fixed equipment and fixed portions of wireless or other equipment) as ascertained at its last previous weighing; and(
b ) the maximum total weight authorized for it, as shown for the time being in its certificate of airworthiness.
Part V.—Certificates of Airworthiness.
Provided that a certificate shall not be issued under this regulation unless the Board is satisfied that the type complies with the minimum requirements fixed in pursuance of Annex B to the Convention.
(2.) An application for a certificate of type approval shall be supported by—
(
a ) such drawings and data relating to the design as the Board requires;(
b ) satisfactory evidence that the design complies with the airworthiness requirements fixed in pursuance of Annex B to the Convention and any additional requirements determined by the Board; and(
c ) such information regarding the manufacturing facilities available as the Board requires.
(3.) The drawings and data constituting the design shall bear the signature of a responsible engineer.
(
a ) The aircraft has been constructed—(i) in accordance with the terms of the certificate of type approval and the drawings and data constituting the design specified in that certificate, or
(ii) where the design has been modified and the drawings and data relating to the modification have been supplied by the manufacturer and approved by the Board, in accordance with the terms of the certificate and the drawings and data constituting the design as so modified;
(
b ) The construction of the aircraft is satisfactory as regards workmanship and materials used;(
c ) The aircraft is fitted with suitable instruments and equipment for safe navigation; and(
d ) The aircraft has been subjected to flying trials in accordance with the directions of the Board.
(2.) The Board may at any time require any additional tests, inspections or reports which are, in its opinion, necessary to prove the airworthiness of the aircraft.
(2.) An application for the issue of a certificate of airworthiness under this regulation in respect of any aircraft shall be accompanied by such drawings and data as would be required for the issue of a certificate of type approval.
the period specified therein not exceeding twelve months, and may be renewed from time to time by the Board for any period not exceeding twelve months:
Provided that—
(
a ) if at any time the Board considers that any modifications are necessary in order to ensure the safety of the aircraft, the Board may require the modifications to be carried out as a condition of the certificate remaining in force,(
b ) the conditions of a certificate of airworthiness may be varied at any time by the Board if it is satisfied that those conditions do not afford a sufficient margin of safety, and(
c ) if at any time the Board is satisfied that reasonable doubt exists as to the safety of the aircraft or of the type to which the aircraft belongs, the Board may, in accordance with Part XIII. of these Regulations, suspend or cancel the certificate of airworthiness issued in respect of the aircraft.
(2.) Before any certificate of airworthiness is renewed, the applicant shall furnish to the Board such evidence as to the condition of the aircraft as the Board requires.
(2.) Before any such approval is granted, the owner shall furnish such drawings and data relating to the design and such reports on tests as the Board requires.
(
a ) The aircraft has not, within the prescribed period prior to a flight, been inspected and certified as safe for flight in accordance with this regulation; or(
b ) The aircraft has landed owing to a defect which is not such as would, in accordance with ordinary aeronautical practice, be remedied by the pilot or crew, and has not subsequently been inspected and certified in accordance with this regulation:
Provided that paragraph (
Provided further that this sub-regulation shall not be construed as requiring an aircraft which is actually in flight to land for the purposes of inspection.
(2.) Every inspection of an aircraft shall be made, in accordance with any directions issued by the Board, by a ground engineer or ground engineers licensed for that purpose.
(3.) If the result of the inspection is satisfactory, a certificate stating that the aircraft is safe for flight (in this Part referred to as a “certificate of safety”) shall be signed in duplicate by the ground engineer or ground engineers who made the inspection, and countersigned by the pilot in charge of the aircraft, and the time and date of certification shall be shown thereon.
(4.) The ground engineer shall deliver the certificate of safety to the pilot in charge of the aircraft and shall send the duplicate copy of the certificate to the owner of the aircraft.
(5.) For the purposes of this regulation, “the prescribed period” shall be—
(
a ) in the case of a public transport aircraft—a period of 24 hours;(
b ) in the case of an aerial work aircraft—a period of 7 days;(
c ) in the case of an aircraft other than a public transport or aerial work aircraft—a period of 30 days;
and every such period shall be reckoned from the time and date stated in the certificate as the time and date when the inspection was completed.
(2.) The owner of the aircraft shall keep the duplicate copy of every certificate of safety for six months from the date of the certificate.
(3.) Every certificate of safety and every duplicate copy of any such certificate shall, on demand, be produced for inspection by an authorized person.
(
a ) the nationality and registration marks of the aircraft;(
b ) the weight of the aircraft when empty (including water in the radiators when fitted with liquid cooled engines and all fixed equipment and fixed portions of wireless or other equipment) as ascertained at its last previous weighing;(
c ) a list of the items included in the weight stated in pursuance of the last preceding paragraph;(
d ) the weights of all items of equipment (or portions thereof) regarded as removable, exclusive of wireless equipment (or portions thereof); and(
e ) the weights of all items of wireless equipment (or portions thereof) regarded as removable.
(2.) The weight schedule shall be in such form as the Board directs.
(
a ) a ground engineer or ground engineers appointed by the owner or the user of the aircraft and licensed for the purpose under regulation 53; or
(
b ) a person authorized for that purpose by the Board; and that a report be furnished to the Board by the ground engineer or engineers or the authorized person as to the airworthiness of the aircraft.
(2.) Upon consideration of the report, the Board may require that a further inspection and report be made or that the aircraft be overhauled and repaired or modified in such manner as is, in the opinion of the Board, necessary to ensure the airworthiness of the aircraft.
(2.) The certificate of the ground engineer or engineers shall be forwarded forthwith by the owner of the aircraft to the Secretary.
Provided that the aircraft may be flown, before being so certified, if this is necessary for the purpose of taking the aircraft to the nearest place where it can be properly repaired and no persons other than the operating crew are carried during the flight.
(2.) The certificate of the ground engineer or engineers shall be forwarded forthwith by the owner of the aircraft to the Secretary.
(3.) For the purposes of this regulation, “minor damage,” in relation to an aircraft, means such damage to any structurally important part of the aircraft or its accessories as is not included within the meaning of the expression “major damage”.
(2.) The ground engineer shall, after any such overhaul, modification or repair, certify to the airworthiness of the aircraft, aircraft engine, part or accessory, as the case may be.
(2.) Licences under this regulation may be issued for any or all of the following purposes:—
A. Inspection and certification of aircraft after overhaul.
B. Inspection and certification of aircraft engines after overhaul.
C. Inspection, maintenance and certification of aircraft before flight.
D. Inspection, maintenance and certification of aircraft engines before flight.
X. Other duties as specified in the licence.
(3.) A ground engineer’s licence may be limited to such particular type or types of aircraft engines as the Board specifies.
(4.) A ground engineers licence shall be issued for a period not exceeding twelve months and may be renewed from time to time for any period not exceeding twelve months.
(
a ) be at least 21 years of age;(
b ) have passed an approved technical examination; and(
c ) produce satisfactory evidence of such practical experience or knowledge and experience as is prescribed.
(2.) Unless the Board otherwise directs, it shall be necessary for an applicant for a licence for purpose A, B, C or D mentioned in the last preceding regulation to have had satisfactory practical experience for at least two years in aircraft construction, aircraft engine construction, aircraft maintenance or aircraft engine maintenance, respectively.
(3.) An applicant for a licence for purpose X mentioned in the last preceding regulation shall have such knowledge and experience and access to such facilities as, in the opinion of the Board, are necessary to enable him to perform satisfactorily the duties for which the licence is required.
(2.) If it appears to the Board, after considering the report of such examination, that the inspection, certification, overhaul, modification or repair was not carried out in a careful and competent manner by the licensed ground engineer, the Board may endorse his licence, or suspend or cancel it in accordance with Part XIII. of these Regulations.
(2.) If the result of such examination is unsatisfactory, the Board may suspend or cancel the ground engineer’s licence in accordance with Part XIII. of these Regulations.
Part VI.—Certificates of Competency and Licences.
Provided that this regulation, in so far as it relates to the licensing of a pilot, shall not apply within three miles of a licensed aerodrome or an approved aerodrome in the case of a person making practice flights necessary for the purpose of qualifying for the issue or renewal of a pilot’s licence or undergoing official tests for that purpose.
(2.). Every licence issued or renewed in pursuance of this regulation shall be subject to compliance with the conditions laid down in Annex E to the Convention, and to such other conditions as the Board directs.
(
a ) Pilots’ licences—(i) Private pilots’ licences, being licences to fly private aircraft (Class A licences) ;
(ii) Commercial pilots’ licences, being licences to fly public transport and aerial work aircraft (Class B licences);
(
b ) Navigators’ licences—(i) First class navigators’ licences;
(ii) Second class navigators’ licences;
(
c ) Radio operators’ licences—(i) First class radiotelegraph operators’ licences;
(ii) Second class radiotelegraph operators’ licences;
(iii) Third class radiotelegraph operators’ licences;
(iv) Radiotelephone operators’ licences.
(
a ) in the case of a private pilot’s licence—12 months;(
b ) in the case of a commercial pilot’s licence—6 months, if the holder is a male, or 4 months if the holder is a female;(
c ) in the case of a navigator’s licence—12 months;(
d ) in the case of a radio operator’s licence—12 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.
(2.) An applicant for a commercial pilot’s licence shall not be less than 19 years nor more than 45 years of age.
(3.) An applicant for any navigator’s licence shall not be less than 19 years nor more than 50 years of age.
(4.) An applicant for any radio operator’s licence shall not be less than 19 years of age.
(
a ) pass a medical examination in accordance with the requirements of paragraph 8 of Annex E to the Convention;(
b ) pass such practical flying tests and theoretical examinations as are directed by the Board in accordance with the requirements of paragraph 17 of Annex E to the Convention ; and(
c ) produce evidence that he has had satisfactory recent flying experience in the type of aircraft for which a licence is required.
(
a ) produces satisfactory evidence that he has completed at least ten hours flying practice, during three hours of which he has been in sole charge of an aircraft; and(
b ) furnishes a certificate signed by a licensed flying instructor that he has, without assistance from his instructor, caused an aircraft to spin and to recover from the spin on three separate occasions.
Provided that the Board may vary the terms of a private pilot’s licence to permit the holder to carry non-paying passengers on the production by the pilot of—
(
a ) a certificate signed by a licensed flying instructor that the pilot has successfully completed an advanced training course and a cross country flight of at least fifty miles, and(
b ) satisfactory evidence that the pilot has had twenty-five hours flying whilst in sole charge of an aircraft.
(
a ) pass a medical examination in accordance with the requirements of paragraph 9 of Annex E to the Convention;(
b ) pass such practical flying tests and theoretical examinations as are directed by the Board in accordance with the requirements of paragraph 18 of Annex E to the Convention; and(
c ) produce evidence—(i) that he has had satisfactory recent flying experience in the type of aircraft for which a licence is required; and
(ii) that he has completed one hundred hours flying in sole charge of an aircraft.
(2.) The types of aircraft for which a licence is valid shall be specified in the licence.
(3.) The holder of a pilot’s licence in respect of any particular type of aircraft may apply to have any other type of aircraft specified in his licence.
(4.) The Board may cause such other type of aircraft to be specified hi the pilot’s licence if he produces satisfactory evidence that—
(
a ) in the case of a seaplane or amphibian—he has carried out, whilst in sole charge of the aircraft, three hours flying and six landings, including in the case of an aircraft capable of carrying three or more persons three landings with the aircraft fully loaded with ballast, and has had in addition sufficient experience in taking off from and alighting on water; or(
b ) in the case of any other aircraft—he has carried out, whilst in sole charge of the aircraft, two hours’ flying and six landings, including, in the case of an aircraft capable of carrying three or more persons, three landings with the aircraft fully loaded with ballast,
and the Board is satisfied that he has had sufficient flying experience of that type of aircraft.
(
a ) pass a medical examination under the conditions laid down in Section IV. of Chapter 1. of Annex E to the Convention; and(
b ) produce evidence that he has completed three hours’ flying in sole charge of an aircraft within the period of six months immediately preceding the date of his application for renewal of his licence.
(2.) A licence under this regulation may be endorsed on the pilot’s licence.
(3.) An applicant for a licence to act as a flying instructor shall produce satisfactory evidence that—
(
a ) he is the holder of a commercial pilot’s licence; and(
b ) he has completed not less than three hundred hours’ flying in sole charge of aircraft;
and shall pass such practical flying tests and theoretical examinations as the Board directs.
(4.) Subject to Part XIII. of these Regulations, a licence to give practical instruction in flying shall remain in force for a period not exceeding twelve months and may be renewed, from time to time, under such conditions and for such period as the Board directs:
Provided that a licence under this regulation shall not remain in force during the suspension of, or upon the expiration or cancellation of, the pilot’s licence.
(5.) Aircraft to which these Regulations apply shall not be used for the purpose of giving practical instruction in flying unless the person instructing is licensed by the Board under this regulation.
(2.) A person who is undergoing instruction in flying for the purpose of obtaining a pilot’s licence shall not fly solo unless he has had notless than five hours’ dual instruction by a licensed flying instructor.
(
a ) pass a medical examination in accordance with the requirements of paragraph 14 of Annex E to the Convention;(
b ) produce satisfactory evidence that he has completed not less than two hundred hours’ flying as a member of the operating crew of an aircraft, and has performed the duties of navigator for at least one hundred hours, including fifteen hours by night; and(
c ) pass a theoretical examination in accordance with the requirements of paragraph 24 of Annex E to the Convention.
(2.) An applicant for a second class navigator’s licence shall—
(
a ) pass a medical examination in accordance with the requirements of paragraph 14 of Annex E to the Convention;(
b ) produce satisfactory evidence that he has completed not less than fifty hours’ flying as a member of the operating crew of an aircraft; and(
c ) pass practical tests and a theoretical examination in accordance with the requirements of paragraph 23 of Annex E to the Convention.
(
a ) pass a medical examination in accordance with the requirements of paragraph 15 of Annex E to the Convention;(
b ) pass practical tests and theoretical examinations in accordance with the requirements of paragraph 25, 26, 27 or 28, as the case may be, of Annex E to the Convention; and(
c ) perform radioelectric duties in an aircraft in flight in accordance with the requirements of paragraph 29 of Annex E to the Convention.
(2.) Where an applicant has complied with the requirements of sub-regulation (1.) of this regulation a licence may be issued to him.
(3.) Where an applicant has complied with the
requirements of paragraphs (
(4.) A temporary licence shall be valid for a
period of one year during which period the holder shall comply with the
requirements of paragraph (
(2.) The licence of any such person shall be suspended from the time of the injury or illness until the receipt of the notice referred to in the last preceding sub-regulation.
(2.) If the result of any such examination or test is unsatisfactory, the Board may suspend or cancel the licence in accordance with the provisions of Part XIII. of these Regulations.
Part VII.—Public Transport Service.
(2.) An applicant for any such licence shall furnish such information in relation to the proposed service as the Board requires.
(3.) The Board shall, if satisfied as to the safety of the proposed service, issue a licence (in these Regulations referred to as “an air line licence”) subject to such conditions, in addition to compliance with these Regulations, as the Board considers necessary to ensure the safety of the aircraft and of the persons to be carried by the aircraft.
(4.) Subject to Part XIII. of these Regulations, an air line licence shall remain in force for a period of one year from the date of issue, and may, from time to time, be renewed by the Board for a further period not exceeding one year.
Part VIII.—Log Books.
(
a ) For every aircraft—(i) an aircraft log book, and
(ii) an engine log book in respect of each engine installed in the aircraft;
(
b ) For every aircraft engaged in international navigation and every public transport aircraft and aerial work aircraft—(i) an aircraft log book,
(ii) an engine log book in respect of each engine installed in the aircraft, and
(iii) a journey log book;
(
c ) For every aircraft engaged in international navigation which is carrying passengers or goods for hire and every aircraft engaged in a regular public transport service—(i) an aircraft log book,
(ii) an engine log book in respect of each engine installed in the aircraft,
(iii) a journey log book, and
(iv) a signal log book.
(
d ) For the wireless apparatus (if any) installed on the aircraft, a wireless log book; and(
e ) For every airscrew in which provision is made for adjustment or variation of the pitch of the blades, an airscrew log book.
(2.) Every licensed pilot shall keep a pilot’s log book.
(3.) All entries in log books shall be made in ink, and entries in any log book relating to overhauls, modifications, replacements or repairs to aircraft shall be signed by the person responsible for the work.
(4.) Log books shall be preserved for not less than two years after the date of the last entry therein.
(
a ) The classification of the aircraft; its nationality and registration marks; the full name, nationality and residence of the owner; the name of the constructor of the aircraft, and the total maximum weight authorized for the aircraft;(
b ) The type and series numbers of the engines; and the type of the airscrews, showing number, pitch, diameter and constructor’s name;(
c ) The type of wireless telegraph apparatus fitted on the aircraft;(
d ) A table setting out all necessary information as to the adjustment and rigging of the aircraft structure, together with details of any peculiar rigging features;(
e ) A fully detailed engineering record of the life of the aircraft, including all acceptance tests, overhauls, replacements, repairs and all work of a like nature, and all inspections made and certificates issued in respect of the aircraft.
(2.) The engine log shall contain the following particulars:—
(
a ) The type of the engine, series number, constructor’s name, international (or special) power and international (or special) number of revolutions of engine, date of production and date when first put into service;(
b ) The registration mark and type of aircraft in which the engine has been installed; and(
c ) A fully detailed engineering record of the life of the engine, including all acceptance tests, hours run, overhauls, replacements, repairs and all work of a like nature, and all inspections made and certificates issued in respect of the engine.
(
a ) The point of commencement and the terminal point of the journey,(
b ) The names and duties of operating crew;(
c ) Incidents and observations, date and times of departure and arrival at each intermediate landing;(
d ) Signal and wireless communications; and(
e ) Particulars of navigation.
(
a ) The classification of the aircraft; its nationality and registration marks; the full name, nationality and residence of the owner;(
b ) The place, date, and time of the transmission or reception of any signal, and an indication of the nature of the signal; and(
c ) The name or other indication of the person or station to whom a signal is sent or from whom a signal is received.
(
a ) Description of the type and series number of the wireless telegraph apparatus installed in the aircraft, constructor’s name, date of production and when first put into service;(
b ) Registration mark and type of aircraft in which the apparatus is installed; and (c ) A fully detailed record of maintenance adjustments, repairs and tests in connexion with the functioning of the apparatus.
(
a ) Name of manufacturer, diameter, number of blades, range of pitch adjustment, and in respect both of hub and blades, model number, serial number and type approval, including any particular restrictions imposed in respect of engine characteristics;(
b ) Table of maximum and minimum pitch settings for each particular engine installation on which the airscrew is fitted; and(
c ) A fully detailed engineering record of the life of the airscrew and accessories, including hours run, overhauls, replacements, repairs and all work of a like nature.
(
a ) The full name, address and date of birth of the pilot;(
b ) The number of licence, date of expiration, date of last medical examination, and result;(
c ) Name and address of present employer;(
d ) Past experience as a pilot; and(
e ) A record of flights.
Part IX.—Wireless Telegraph Apparatus and Operators.
(2.) Every aircraft of a total maximum authorized weight of 4400 pounds or more which is engaged in international air navigation shall be equipped with wireless telegraph apparatus capable of sending or receiving Morse or spoken messages, in condition for normal working during flight, when it has to effect a journey—
(
a ) entirely by day for a projected distance of more than 100 miles without landing;(
b ) entirely or partially by night; or(
c ) in the course of which the aircraft will, at any point, be over the sea at a distance of more than 15 miles from any coast.
(3.) Every Australian aircraft used on a public transport service shall be equipped with wireless telegraph apparatus capable of sending and receiving Morse or spoken messages, and of receiving wireless transmissions arranged to provide aids for navigation and landing and in condition for normal working during flight:
Provided that the Minister may, if he thinks fit, exempt an aircraft either wholly or in part from the operation of this sub-regulation.
(4.) In the case of Australian aircraft, the wireless telegraph apparatus referred to in this regulation shall be of a type approved by the Board, its installation shall be approved by the Board, and it shall be used in accordance with any directions issued by the Board.
(5.) The wireless telegraph apparatus installed in an aircraft in pursuance of this regulation shall be maintained at all times in good order and condition, and shall be inspected and certified as efficient by an authorized person at such times as the Board directs.
(2.) The radiotelegraph service of the station of an aircraft in respect of which the installation of wireless telegraph apparatus is compulsory under these Regulations may be carried out, whether or not such station participates in the international service of public correspondence, by the holder of a first or second class radiotelegraph operator’s licence issued by the Board.
(3.) The radiotelephone service of the station of an aircraft, whether or not such station participates in the international service of
public correspondence, and whatever the power of the installation may be with which the station is provided, may be carried out by the holder of a first class radiotelegraph operator’s licence:
Provided that, in the case of a station provided with a radiotelephone installation of a power of the carrier wave in the aerial not exceeding 100 watts, and when the station is used solely for telephony, the service may be carried out by an operator holding a second class radiotelegraph operator’s licence or a radiotelephone operator’s licence.
(4.) The radiotelegraph service of the station of an aircraft in respect of which the installation of wireless telegraph apparatus is not compulsory under these Regulations may be carried out by the holder of a third-class radiotelegraph operator’s licence (special certificate), provided that if the station participates in the international service of public correspondence it shall be necessary for the operator’s licence to be specially endorsed as required by Annex E to the Convention.
Provided that, after communication has been established by means of the call sign, the aircraft may use an abridged sign as follows:—
(
a ) In the case of signals transmitted by radiotelegraphy, the first and last letters of the complete call sign of five letters may be used;(
b ) In the case of signals transmitted by radiotelephony, the whole or part of the name of the owner of the aircraft followed by the last two letters of the complete call sign of five letters may be used.
(2.) An Australian aircraft not engaged in international air navigation shall, when transmitting or receiving signals by radiotelegraphy or radiotelephony, use as its call sign—
(
a ) in the case of signals by radiotelegraphy, the call sign as set out for radiotelegraphy in sub-regulation (1.) of this regulation;(
b ) in the case of signals by radiotelephony, such call sign as the Board directs.
(2.) Aircraft engaged in air navigation solely above Australian territory shall observe the rules contained in the publications referred to in sub-regulation (1.) of this regulation, subject to any modifications made by the Board in order to simplify and expedite the passage of messages and notified in Notices to Airmen.
Part X.—Investigation of Accidents.
“accident” means an accident occurring to an aircraft to which these Regulations apply between the time when the engine of the aircraft is started or the pilot takes his seat and the time when the aircraft and its engine are brought to rest; and
“forced landing” means any landing made by an aircraft to which these Regulations apply (including a landing on an aerodrome) which is rendered necessary through the failure or partial failure during flight of any part of the aircraft, including the engine, or through insufficiency of fuel.
(2.) The Minister may, if he thinks it desirable, appoint one or more additional members to act as members of the Committee for the purpose of the investigation of any particular accident.
(2.) In the case of any other accident or forced landing, which occurs in Australian territory, or any accident or forced landing involving an Australian aircraft which occurs outside Australian territory, the owner, hirer or pilot of the aircraft shall forthwith send notice in writing to the Secretary.
(3.) The Secretary shall, on receipt of notice of the accident or forced landing, report it to the Minister and to the Committee.
(4.) The notice required to be sent to the Secretary under this regulation shall state—
(
a ) the nationality and registration marks of the aircraft;(
b ) the name of the owner and hirer (if any) of the aircraft;(
c ) the name of the pilot of the aircraft;(
d ) the place where the accident or forced landing occurred;(
e ) the date and time when the accident or forced landing occurred;(
f ) the nature and cause of the accident or forced landing;(
g ) whether death or serious injury was caused by the accident or forced landing, and if so, to whom; and(
h ) the nature and extent of the damage to the aircraft.
(
a ) the aircraft shall not, except under the authority of the Committee, be removed or otherwise interfered with, until the expiration of three days after notice of the accident or forced landing has been given in accordance with theseRegulations, and the Committee may in any particular case direct that it shall not be removed or otherwise interfered with until the expiration of such longer period as the Committee specifies:
Provided that—
(i) the aircraft or any parts thereof may be removed or interfered with so far as is necessary for the purpose of extricating persons or animals involved, removing any mails carried by the aircraft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public;
(ii) if an aircraft is wrecked on the water, the aircraft and its contents may be removed to a place of safety;
(iii) goods or baggage may be removed from the aircraft under the supervision of an officer of police, but, in the case of an aircraft which has come from a place outside Australian territory the goods or baggage shall not be removed from the vicinity of the aircraft except on clearance by or with the consent of an officer of Customs;
(
b ) the Committee may authorize any person, so far as is necessary for the purpose of any investigation under these Regulations, to take measures for the preservation of the aircraft and to have access to, examine, remove or otherwise deal with the aircraft.
(2.) An investigation under this regulation shall be so conducted that if a charge is made or is likely to be made against any person, that person shall have an opportunity of being present and of making a statement, or giving evidence, and producing witnesses on his behalf.
(3.) Upon concluding his investigation the member or person authorized to conduct the investigation shall forward a report thereon in writing to the Chairman, Air Accidents Investigation Committee, covering the whole of the investigation made by him and shall forward with the report all signed statements or other documents which have come into his possession in the course of the investigation.
Part XI.—Aerodromes and Air Beacons.
(2.) An aerodrome licence shall be issued subject to such conditions as the Board considers necessary to ensure compliance with the Convention and the safety of aircraft using the aerodrome.
(
a ) As to dangerous lights—Lights, which might endanger the safety of aircraft, whether by reason of glare, or by causing confusion with or preventing clear visual reception of the lights or signals prescribed in this Schedule, shall not be exhibited at or in the neighborhood of an aerodrome.
(
b ) As to aerodrome beacon—The position of the aerodrome may be indicated by a luminous beacon.
20. At every laud aerodrome open topublic use and used for night flying, the following provisions shall apply during the working hours of the night service:—
(
a ) As to lighting of obstructions—Fixed red lights shall be exhibited—
(i) on all obstructions within the landing area which constitute a danger to aircraft moving on the landing area;
(ii) asfar as possible, on all obstructions within 1,100 yards of the boundary of the landing area and constituting a danger to aircraft approaching or leaving the aerodrome in a normal manner. Where it is not possible to exhibit fixed red lights on such obstructions
, the horizontal projection and the centre of the obstruction shall, as far as possible, be clearly indicated by synchronized redflashing or occulting lights, placed on a level with or near to the ground.(
b ) As to lighting of landing T and of wind indicators—The landing T, if used, and at least one of the windindicators, shall be illuminated with fixed lighting, preferably white.
(
c ) As to lighting of signals—The signals displayed in the signal area shall be suitably illuminated.
(
d ) As to lighting of landing area—The landing area or the part of the landing area on which landings should be made shall be illuminated during landing manoeuvres either by—
(i) a floodlight or floodlight system; or
(ii) one of the following methods:—
First method.—A line of lights spaced 55 yards apart shall be placed on the ground, consisting of a central section of six white lights to indicate that landings should be made on the adjacent portion of the landing area and on either side of this line. Two green lights shall be placed at one end and two red lights at the other end of the line of white lights to indicate that landings should be made from the direction of the green lights towards the red lights.
Second method.—Lights shall be placed on the ground in the form of a T, the shaft of which shall be composed of at least four lights in a line not less than 275 yards in length. The light at the foot of the T shall indicate the place where the aerodyne should first make contact with the ground and the cross arm of the T shall indicate the place where it should finish its run. Landings may be made on either side of the long arm of the T, but always parallel to that arm: Provided that, in the event of the area situated, on either side of the shaft of the T becoming obstructed, the light indicating the cross arm of the T on that side shall be removed and landing shall be effected on the opposite side.
The direction of landing and take-off shall be given by the two alternative methods referred to above. The landing T shall not, therefore, be used.
(
e ) As to approach lighting—The most favorable sectors of approach to the landing area may be indicated by green lights.
(
f ) As to boundary lighting—The boundary of the landing area shall be marked by fixed yellow orange lights, normally laid out 110 yards apart:
Provided that—
(i) when there are obstructions on tire boundary of the landing area, the lights serving to mark such obstructions may take the place of boundary lights;
(ii) when the boundary lights are in the form of strips the colour may be red;
(iii) when local conditions render unavoidable the use of gas boundary lights they may be given an intermittent character;
(iv) when the boundary of the landing area cannot be marked, only the extremities of such landing area between which aircraft may move without danger shall be indicated by fixed yellow-orange lights.
21. At every water aerodrome open to public use and used for night flying, the provisions of rule 20 of this Part shall apply, except in cases where compliance therewith is obviously impossible.
22. The following general provisions shall apply to all distress, urgency and safety signals:—
(
a ) The signals in this Division shall be transmitted only with the authorization of the commander or person responsible for the aircraft.(
b ) When these signals are sent by radiotelegraphy or radiotelephony, the group or spoken expression shall be sent three times and followed by the group DE and the call-sign, also sent three times, of the aircraft which sends it. In the case of “safety” messages, the frequency to be employed is that for “distress” messages.
23. When an aircraft is threatened by grave and imminent danger and requests immediate assistance, the following signals shall be used or displayed, either together or separately, before the sending of a message:—
(
a ) By radiotelegraphy, the signal SOS (···---···).(When this signal is sent by radiotelegraphy on 500 kc/s (600 m.), it shall, when possible, in order to be received by automatic maritime apparatus, be followed by the automatic alarm signal consisting of a series of twelve dashes of four seconds each, separated by an interval of one second.)
(
b ) By radiotelephony, the spoken expression “Mayday” (corresponding to the French pronunciation of the expression “m’aider”).(
c ) By visual signalling—(i) The signal SOS (··· --- ···) made with signalling apparatus;
(ii) A succession of red pyrotechnical lights fired at short intervals;
(iii) The two-flag signal corresponding to the letters NC of the International Code of Signals;
(iv) The distant signal, consisting of a square flag having, either above or below it, a ball or anything resembling a ball.
(
d ) By sound signalling—(i) The signal SOS (··· --- ···) made with any sound apparatus;
(ii) A continuous sounding with any sound apparatus.
The signals referred to in sub-paragraphs (iii) and
(iv) of paragraph (
24.—(1.) When an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance, the following signals shall be used, either together or separately, before the sending of a message:—
(
a ) By radiotelegraphy, the group PAN (·--· ·- -·) sent with the letters well separated so that the signals A N may not be transformed into one signal P.(
b ) By radiotelegraphy—(i) the spoken expression P A N (corresponding to the French pronunciation of the word “panne”) ;
(ii) in cases where, owing to the rapidity of the manœuvres to be executed, the aircraft is unable to transmit the intended message by radiotelegraphy or radiotelephony, the signal P A N not followed by a message retains this meaning,
(
c ) By visual signalling—(i) by day, a succession of white pyrotechnical lights;
(ii) by night, a succession of white pyrotechnical lights or a succession of short and intermittent flashes with the navigation lights.
(2.) When an aircraft has a very urgent message to transmit concerning its own safety or that of an aircraft, ship or other vehicle, or the safety of any person on board or within sight, the following signals, which as a general rule should be addressed to a specific authority, shall be used, either together or separately, before the sending of the message:—
(
a ) By radiotelegraphy, the group XXX (-··- -··- -··-) with the letters of each group and the successive groups clearly separated from each other;(
b ) By visual signalling, a succession of green pyrotechnical lights, or a succession of green flashes made with signalling apparatus.
25
(
a ) by radiotelegraphy, the group T T T (- - -), with the letters of each group and the successive groups clearly separated from each other.(
b ) By radiotelephony, the French word “Securite” (corresponding to the English pronunciation of the syllables Say-cure-e-tay ).(
c ) By visual signalling, the International visual signalling procedure, by signalling apparatus or flags.
26.—(1.) At aerodromes open to public use, when there is an officer controlling the traffic, the provisions of this rule shall apply.
(2.) By day and by night the officer controlling the traffic shall, except as permitted by sub-rule (3.) of this rule, use the following visual signals:—
(
a ) To authorize movement on the landing area, other than authorization to take-off, the officer controlling the traffic shall direct at the aircraft an intermittent white luminous beam;(
b ) To authorize taking off, the officer, controlling the traffic shall direct at the aircraft a continuous white luminous beam;(
c ) To prohibit taking-off or any movement on the landing area, the officer controlling the traffic shall direct at the aircraft an intermittent red luminous beam;(
d ) The signals referred to in paragraphs (a ), (b ) and (c ) of this sub-rule may be preceded by the last three letters of the registration group of the aircraft to which the signal is addressed; these three-letters shall be sent in the International Morse Code, by using a luminous beam of thesame colour as the signal which is to be sent.
(3.) By day, when there is an officer controlling the traffic, he may use the following signals:—
(
a ) To authorize movement on the landing area, other than authorization to take off, he shall wave a small white flag in the direction to be followed, as shown in the diagram below:—(
b ) To authorize taking off, he shall lower a small white flag in the direction of taking off, as shown in the diagram below:—(
c ) To prohibit taking-off or movement towards the taking-off point, he shall raise a small red flag As shown in the diagram below:—(
d ) To prohibit landing, he shall wave a small red flag vertically above his head, as shown in the diagram below:—
27.—(1.) At aerodromes, open to public use and having a ground control, an aircraft wishing to land at night, without being compelled to do so shall, before landing, ask permission to land by a signal made either by radiotelegraphy or radiotelephony or by means of a lamp or a projector. The use of the navigation lights for this purpose is not permitted.
(2.) If the permission to land is requested by visual signal, the signal shall consist of the last three letters of the registration group of the aircraft sent by International Morse Code and repeated for as long as may be necessary.
(3.) The reply from the aerodrome to a request sent by visual signal shall be given by visual signal consisting of a repetition of the same three-letter sign made with the signalling lights of the aerodrome. Green signalling lights shall be used to denote permission to land and red signalling lights to prohibit landing.
(4.) The signalling lights of the aerodrome shall be constituted either by a group of lights arranged on a horizontal plane at the apexes of an equilateral triangle, each side of which measures from three to ten feet, or by a luminous beam directed at the aircraft.
28.—(1.) At every aerodrome, the firing of a red pyrotechnical light or the display of a red flare from the ground, whether by day or by night and notwithstanding any previous permission, shall be taken as an instruction to aircraft in flight that they are not to land for the moment and to aircraft manœuvring on the landing area that they are to stop moving.
(2.) At aerodromes provided with the triangular device specified in sub-rule (4.) of rule 27, the emission by such device of intermittent red lights shall, whether by day or by night and notwithstanding any previous permission, instruct aircraft in flight that they are not to land for the moment.
29.—(1.) To require an aircraft to land, the following signals shall be used:—
(
a ) By day, a series of projectiles discharged at intervals of ten seconds, each showing on bursting black smoke.(
b ) By night, a series of projectiles discharged at intervals of ten seconds, showing on bursting white fights or stars.
(2.) In addition to the signals specified in the last preceding sub-rule, if it is necessary to distinguish amongst several the aircraft which is to land, an intermittent white luminous beam shall be directed at that aircraft which is to land:
Providedthat, when the authority who desires to give the order to land is able to establish a radioelectric communication with the aircraft, this order may be given by using radioelectric means of communication.
30. The following signals, when used, shall indicate that an aircraft is in the vicinity of a prohibited area and should change its course:—
(
a ) By day, a series of projectiles discharged at intervals of ten seconds, each showing on bursting orange smoke:(
b ) By night, a series of projectiles discharged at intervals of ten seconds, showing on bursting orange lights or stars:
Provided that, when the authority who desires to prescribe the change of course referred to in this rule is able to establish a radioelectric communication with the aircraft, this order may be given by using radioelectric means of communication.
Part IV.—General Rules for Air Traffic.
31. Subject to the provisions of rules 38 and 45 of this Schedule, mechanically-driven aerodynes shall always give way to non-mechanically-driven aerodynes and to aerostats, and mechanically-driven aerostats to non-mechanically-driven aerostats and to aerodynes.
32. An airship which is under way and which is not under control or which has voluntary shopped its engines shall, for the purposes of the application of the rules contained in this Part, be classed as a free balloon.
33.—(1.) Risk of collision with another aircraft may, when circumstances permit, be ascertained by carefully watching the successive compass bearings and angles of elevation of the latter aircraft. If neither the bearing nor the angle of elevation appreciably change and if the distance between the two aircraft diminishes, risk of collision shall be deemed to exist.
(2.) The term “risk of collision” shall include all risk of accident due to undue proximity of other aircraft.
34. Every aircraft which is required by rules 31, 32 and 33 of this Part to give way to another aircraft to avoid collision, shall keep a safe distance, having regard to the circumstances of the case.
35. While observing the rules regarding risk of collision contained in rules 33 and 34, a mechanically-driven aircraft shall always manœuvre according to the rules contained in rules 36 to 40 of this Part, as soon as it is apparent that, if it pursued its course, it would not pass clear of another aircraft.
36. When two mechanically-driven aircraft are meeting end on or nearly end on, each shall, without prejudice to the application of rule 31, alter its course to the right.
37. Subject to the application of the provisions of rules 31 and 47, when two mechanically-driven aircraft are on courses which cross, the aircraft which has the other on its own right side shall keep out of the way of the other.
38.—(1.) All aircraft overtaking another aircraft shall keep out of the way of the overtaken aircraft by altering its own course to the right, and shall not pass by diving.
(2.) Every aircraft coming up with another aircraft from any direction more than 110 degrees from ahead of the latter, that is to say, in such, a position with reference to the aircraft which it is overtaking that at night it would be unable to see either of that aircraft’s side lights, shall be deemed to be an overtaking aircraft, and no subsequent alteration of the bearing between the two aircraft shall make the overtaking aircraft a crossing aircraft within the meaning of these rules, or relieve it of the duty of keeping clear of the overtaken aircraft until it is finally past and clear.
(3.) As by day the overtaking aircraft cannot always know with certainty whether it is forward or abaft the direction mentioned in the last preceding sub-rule, from the other aircraft, the aircraft shall, if in doubt, assume that it is an overtaking aircraft and keep out of the way.
30. Every aircraft which is required by these rules to keep out of the way of another aircraft shall, if the circumstances of the case admit, avoid passing over or under the other aircraft or crossing ahead of it.
40.—(1.) Where, by any of these rules, one of two aircraft is to keep out of the way, the other shall keep its course and speed.
(2.) When, however, in consequence of thick weather or other causes, the aircraft having the right of way finds itself so close that collision cannot be avoided by the action of the giving-way aircraft alone, it shall take such action as will best aid to avert collision.
41.—(1.) Every aircraft in a cloud, fog, mist or other conditions of bad visibility shall proceed with caution, having careful regard to the existing circumstances.
(2.) Every aircraft when flying beneath clouds shall always do so, as far as it is safe and practicable, at such a distance below the clouds as will enable it readily to see and be seen.
42.—(1.) In order to obviate the increased risk of collision which exists on air traffic routes, the following rules shall be observed by aerodynes and airships when flying on or in the vicinity of such routes:—
(
a ) Every aircraft when flying by compass along the straight line (rhumb line) joining two points on an air traffic route in common use, shall keep such line at least 1,100 yards on its left;(
b ) Every aircraft following either an air traffic route, which has been officially recognized, or a route frequented by aircraft and indicated on the ground by a line of landmarks such as a road, railway, river, canal or coastline, or the like, shall keep such route at least 350 yards on its left;(
c ) An aircraft shall not fly keeping any of the lines or routes referred to in this rule on its right, except at a distance therefrom sufficient to avoid aircraft following such tines or routes in accordance with the provisions of this rule;(
d ) When crossing one of the lines or routes referred to in this rule, an aircraft shall cross it at right angles as rapidly as possible; and(
e ) In the case of pre-arranged nights in group formation, the aircraft of the leader of the group shall lead the flight in such a manner that every aircraft in the group complies with the provisions of this rule.
(2.) The Board may from time to time determine that certain air traffic routes shall be officially recognized and the Board’s determination and particulars of such routes shall be published in Notices to Airmen.
43. To facilitate the application of the rules for air traffic contained in this Schedule, the pilot of a mechanically-driven aerodyne shall, save in exceptional circumstances, be placed either in the plane of symmetry of the aerodyne or on the left-hand side of such plane.
Part V.—Special Rules for Air Traffic on and in the Vicinity of all Aerodromes.
44. The rules contained in this Part shall apply on and in the vicinity of all aerodromes.
45. Aircraft about to landon an aerodrome shall be given free way.
46. An aircraft about to take off shall not attempt to do so until there is no risk of collision with another aircraft.
47. In the case of two mechanically-driven aerodynes approaching au aerodrome for the purpose of landing, the aerodyne flying at the greater height shall be responsible for avoiding the aerodyne at the lower height, but the latter shall, if the contingency arises, comply with the provisions of rule 38 of this Schedule.
Part VI.—Special Rules for Air Traffic on and in the Vicinity OF Aerodromes Open TO Public USE.
48.—(1.) The rules contained in this Part apply on and in the vicinity of land and water aerodromes open to public use for mechanically-driven aerodynes (which are referred to in this Part by the single term “aerodynes”).
(2.) Non-mechanically-driven aerodynes on and in the vicinity of aerodromes open to public use shall comply with the rules of this Part as far as possible.
49.—(1.) The Board may, in respect of any specified aerodrome, temporarily suspend, either wholly or in part, the application of the rules contained in this Part.
(2.) Every such suspension shall be indicated by the use of the signal specified in paragraph (4) of rule 17.
50.—(1.) At land aerodromes along the perimeter and at the approaches to the hangars, a neutral zone shall be set apart for aircraft manœuvring on the ground.
(2.) The neutral zone, if not marked, shall be deemed to extend for a distance of 60 yards from the perimeter of the aerodrome.
51.—(1.) An aerodyne shall not, except when departing or landing, fly over an aerodrome at a lower height than 2,300 feet.
(2.) Every aerodyne flying outside the landing area at a distance of less than 1¼ miles from the nearest point of such area shall, unless it is flying at a greater height than 2,300 feet, keep the landing area on its left.
52. Aerodynes shall not engage in aerial aerobatics in the vicinity of aerodromes, at a distance of less than 2½ miles from the nearest point of the perimeter of the aerodrome, unless they are flying at a greater height than 6,600 feet.
53. When an aerodyne is about to land by means of a radioelectric guide, other aerodynes, in order to avoid collision, must conform to any rules made by the proprietor of the aerodrome, approved by the Board and published in Notices to Airmen. In default of any such rules other aerodynes shall fly as low as possible below the clouds.
54. Except with the authority of the Board first obtained, a fixed balloon or kite shall not be elevated within the vicinity of an aerodrome.
55. If an aerodyne starting from or about to land on an aerodrome makes a circuit or partial circuit, the turning shall be made clear of the landing area and shall be left-handed (anti-clockwise) so that during the circuit the landing area shall always be on the left of the aerodyne:
Provided that when the signal indicated in paragraph (5) of rule 17 of this Schedule is displayed, the turning shall be right-handed (clockwise).
56.—(1.) Every aerodyne taking off from or landing at an aerodrome shall do so upwind, except when the natural conditions of the aerodrome do not permit, If, however, there is a landing T, the aerodyne shall take off or land in the direction indicated by this T (i.e., by following the direction of the shaft of the T towards the cross arm of that T).
(2.) Landings shall be preceded by a descent in a straight line, commencing at least 330 yards outside the perimeter of the landing area.
(3.) Every aerodyne landing at an aerodrome shall leave clear on its left any aerodyne which has already landed or is already landing, or which is taking off or about to take off.
(4.) Every aerodyne taking off from an aerodrome shall leave clear on its left any aerodyne which is already taking off.
(5.) In observing the requirements of this rule, every aerodyne, when landing or taking off, shall leave a reasonable space on its right for other aerodynes to land or take off.
(6.) Two or more aerodynes shall not take off from or land at an aerodrome simultaneously unless by pre-arrangement.
(7.) For the purposes of this rule, two or more aerodynes taking off or landing simultaneously by pre-arrangement shall be regarded as a single aerodyne.
57.—(1.) By way of exception, at such aerodromes as may be approved by the Board and marked as provided for in paragraph (3) of rule 17 of this Schedule, the landing area shall be regarded as divided into two approximately equal zones by a vertical plane bearing in the direction of departure and landing defined in sub-rule (1.) of rule 56. For an observer facing in the direction towards which departures and landingsare to be made, the zone on the right will be the one reserved for landings and the zone on the left the one reserved for departures.
(2.) Every aerodyne landing at one of these aerodromes shall do so in conformity with the provisions of sub-rules (1.) and (2.) of rule 56, as far as possible to the left in the zone reserved for that purpose, but leaving clear on its left any other aerodyne which has already landed or which is landing.
(3.) Every aerodyne taking off from one of these aerodromes shall do so in conformity with the provisions of sub-rule (1.) of rule 56, as far as possible to the left in the zone reserved for that purpose, but leaving clear on its left any other aerodynes which are already taking off.
58. At land aerodromes having a ground control, an
aerodyne, after having proceeded on to the landing area with the intention of
taking off, shall not take off until it has received permission to do so by the
signal prescribed in paragraph (
59. Every aerodyne moving on the ground in the landing area of a land aerodrome shall normally do so in the direction of landing:
Provided that, at aerodromes having a ground control, an aerodyne may, subject to any directions of the officer controlling the traffic, in order to shorten its course, cross the landing area to reach its point of taking off or the boundary, if in the course of such movement turns are always made to the left, that the aerodyne gives free way to every aircraft landing or taking off, and that the aerodyne conforms to the air traffic rules 36, 37, 38, 39 and 40 of this Schedule.
60. The requirements of rule 59 shall be complied with by aerodynes moving on the surface of water aerodromes subject to the provisions of rule 62 of this Schedule.
61. At aerodromes having a ground control, in
addition to complying with rules 59 and 60 of this Schedule, an aerodyne shall
not proceed on to the landing area until it has received permission to do so by
the signal prescribed in paragraph (
Part VII.—Rules Relating to Aircraft on the Surface of the Water.
62.—(1.) Every aircraft manœuvring under its own power on the water shall conform to the Regulations for Preventing Collisions at Sea.
(2.) For the purposes of those Regulations, the
aircraft shall be deemed to be a steam-vessel, but the aircraft shall carry
only the lights specified in the rules contained in Part II. of this Schedule, and not those
specified for steam-vessels in the Regulations for Preventing Collisions at
Sea, and shall not use, except as specified in rule 14 and paragraph (
(3.) In conforming with the Regulations for Preventing Collisions at Sea, due regard shall be had to the fact that steam vessels in narrow channels are not able to manœuvre so as to avoid collisions with aircraft.
Part VIII.—Miscellaneous Provisions.
63. Noballast other than fine sand or water shall be dropped from aircraft in the air.
64. In conforming with the rules contained in Parts IV., V. and VI. of this Schedule, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from these rules necessary in order to avoid immediate danger.
65. Nothing in this Schedule shall exonerate any aircraft, or the owner, pilot or crew thereof, from the consequences of any neglect in the use of lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution required by the ordinary practice of the air, or by the special circumstances of the case.
66. When an Australian aircraft is in the territory of a non-contracting State, the rules of this Schedule shall apply to that aircraft only in so far as such rules do not conflict with the laws of the country over whose territory the aircraft is flying.
The Second Schedule.
Regulation 120.
FEES.
For theoretical examination for navigator’s licence................................................................................. | 2 | 2 | 0 |
For flying tests for pilot’s licence................................................................................................................ | 1 | 1 | 0 |
For flying tests and theoretical examinations for flying instructor’s licence....................................... | 2 | 2 | 0 |
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
0
0
0