Air Navigation Regulations (Cth)

STATUTORY RULES.

1921. No. 33.

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REGULATIONS UNDER THE AIR NAVIGATION ACT 1920.

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, to come into operation forthwith.

Dated this eleventh day of February, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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Air Navigation Regulations.

Part I.—Preliminary.

Short title.

1. These Regulations may be cited as the Air Navigation Regulations.

Parts.

2. These Regulations are divided into parts as follows:—

Part I.—Preliminary.

Part II.—Conditions of Flying.

Division 1.—General.

Division 2.—Conditions as to safety.

Part III.—Aerodromes.

Part IV.—Registration of Aircraft.

Division 1.—Registration.

Division 2.—Inspection and certificates of airworthiness.

Part V.—Licensing of Personnel.

Part VI.—Registration and Nationality Marks.

Part VII.—Log Books.

Part VIII.—Lights and Signals.

Part IX.—Rules of the Air.

Part X.—Miscellaneous.

Definitions and interpretation.

3. (1) In these Regulations unless the contrary intention appears—

“Aerodrome” means any definite land or water area intended to be used and capable of being used, either wholly or in part, for the landing or departure of aircraft;

“Aircraft” includes airships, flying machines, balloons (whether fixed or free), and kites;

“Airship” means an aircraft lighter than air and having means of propulsion;

“Amphibian” is a flying machine fitted with landing gear to enable it to alight with safety on either land or water;

“Authorized person” means any person authorized by the Minister;

“Balloon” means an aircraft lighter than air and having no means of propulsion;

“By day” means between sunrise and sunset;

“By night” means between sunset and sunrise;

“Flying machine” includes aeroplanes, seaplanes, flying boat and other flying machines heavier than air and having means of propulsion;

 

“Military aircraft” includes naval, military and air force aircraft;

“Minister” means the Minister of State for Defence and ineludes an authorized person;

“Passenger aircraft” and “goods aircraft” mean aircraft intended for carrying passengers, or goods, for hire or reward, and include respectively aircraft on which passengers or goods are actually so carried;

“Personnel”, in relation to any aircraft, includes any pilot, Commander, navigator or engineer, or any operative member of the crew;

“Prescribed” means prescribed by these Regulations;

“Proprietor of an aerodrome” includes any person who is responsible for the management thereof;

“Prohibited area” means any area declared to be a prohibited area for the purposes of these Regulations;

“Regulations for Preventing Collisions at Sea” means the regulations for preventing collisions at sea made under the Merchant Shipping Act 1894 (57 and 58 Vict. c. 60) of the United Kingdom;

“Under way”, in relation to an airship, means not made fast to the ground or any object on land or water;

“Visible”, in relation to lights, means visible on a dark night with a clear atmosphere.

(2) The angular limits provided in these Regulations shall be determined when an aircraft is in its normal attitude for flying on a rectilinear horizontal course.

(3) The Acts Interpretation Act 1901-1918 and the Acts Interpretation Act 1904-1916 shall, as far as applicable apply to these Regulations in like manner as if these Regulations were an Act.

Exceptions.

4.—(1) Nothing in these Regulations shall be deemed to affect or restrict the right of any State Government in respect to—

(a)the right to own and/or use for the purposes of the Government of the State Aircraft operating within the State, and

(b)the Police powers of the State.

(2) These Regulations or such part or regulation thereof as the Minister directs, shall not apply to any aircraft or person to which or whom the Minister, on the recommendation of a Department of the Government of the Commonwealth, directs these Regulations or such part or regulation shall not apply.

Foreign aircraft.

5. The provisions of Parts IV., V. and VII. of these Regulations shall not apply to foreign aircraft;

Provided that no foreign military aircraft shall fly over or land in the Commonwealth or the Territories except on the express invitation or with the express permission of the Minister or a Department of the Government of the Commonwealth; but any such aircraft so flying over or landing in the Commonwealth or the Territories shall be exempt from these Regulations to such extent and on such conditions as are specified in the invitation or permission:

Provided further that where any foreign aircraft, after landing in the Commonwealth or the Territories flies over any part thereof, except in such manner as is necessary in order to proceed to a foreign destination, all the provisions of these Regulations shall apply to that aircraft, unless there are carried in the aircraft and produced for inspection as and when required by the Minister, certificates, licences and log books, issued by the responsible authority in the country to which the aircraft belongs, complying substantially with the provisions of these Regulations, and unless (in the case of a passenger aircraft) the condition of the aircraft, having regard to the safety of the passengers and personnel, corresponds substantially with the particulars contained in the certificate produced.

 

Part II.—Conditions of Flying.

Division I.—General.

General conditions as to flying of aircraft.

6. Noaircraft shall fly within the limits of the Commonwealth or the Territories or the territorial waters adjacent to the Commonwealth or the Territories unless—

(a)the aircraft is registered in the prescribed manner;

(b)the aircraft bears the prescribed registration and nationality marks affixed or painted on the aircraft in the prescribed manner;

(c) the personnel of the aircraft is licensed in the prescribed manner;

(d)there is carried in the aircraft—

(i) the certificate of registration of the aircraft; and

(ii) the licence of every member of the personnel who is required by these Regulations to be licensed; and

(e) the provisions of Division 2 of this Part and Parts VIII. and IX. of these Regulations are duly complied with:

Provided that paragraphs (a), (b) and (d)of this regulation shall not. apply to aircraft built for the purpose of experiment and flown for the purpose of experiment or test only, within three miles from an aerodrome or aircraft factory or in accordance with the directions (if any) of the Minister:

Provided further that paragraph (a) and sub-paragraph (ii) of paragraph (d)of this regulation shall not apply within the precinct of an aerodrome in the case of personnel under instruction.

Conditions as to flying of passenger aircraft

7. Without prejudice to the last preceding regulation—

(a) a passenger aircraft shall not—

(i) fly within the limits of the Commonwealth unless it is certified in the prescribed manner as airworthy and the prescribed conditions as to airworthiness periodical overhaul and examination are complied with, and all the prescribed certificates in relation to airworthiness are carried in the aircraft; or

(ii) use as a regular place of departure or place of landing any place other than a licensed aerodrome or an Australian Air Force Aerodrome or aerodrome under the control of the Minister approved for the purpose by the Minister;

(b)a passenger or goods aircraft shall not fly within the limits of the Commonwealth unless there are carried in the aircraft the prescribed log books, accurately kept up to date in the prescribed form and manner; and

(c) an aircraft arriving in, or departing from, the Commonwealth or the Territories shall comply with such of the provisions of these Regulations as are applicable to the case.

Carriage of mails.

8. No mails shall be carried on any aircraft without the consent in writing of the Postmaster-General.

Aircraft not to fly over prohibited areas.

9. No aircraft shall fly over any prohibited area.

 

Division 2.—Conditions as to Safety.

Flight over cities or towns.

10.— (1) An aircraft shall not fly over any city or town except a such altitude as will enable the aircraft to land outside the city or town should the means of propulsion fail through any mechanical breakdown or other cause.

(2) The last preceding sub-regulation shall not apply in respect of any area comprised within a circle with a radius of one mile from the centre of a licensed aerodrome or of an Australian Air Force aerodrome or of an aerodrome under the control of the Minister.

Trick flying, &c.,

11. No person in any aircraft shall—

(a) engage in any trick flying or exhibition flying over any city or town area or populous district;

(b)without the consent in writing of the Minister, 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 or buildings is dangerous to public safety; or

(d)except in accordance with the provisions of regulations and 73 drop or cause or permit to be dropped from the aircraft any article.

Overseas flights.

12. Except with the consent in writing of the Minister no flying machine, other than a seaplane or amphibian, carrying passengers shall fly over the sea for a longer distance than 50 miles in a direct line from coastline to coastline.

Part III.—Aerodromes.

Use of places as aerodromes.

13. (1) No place shall be used as an aerodrome or as a regular place of landing or departure by passenger aircraft carrying passengers, unless it has been licensed for the purpose by the Minister and the conditions of the licence are complied with.

(2) In the case of any contravention of this regulation the proprietor of the aerodrome shall be deemed to have acted in contravention of these Regulations.

(3) This Regulation shall not apply to Australian Air Force aerodromes or aerodromes under the control of the Minister the use of which is sanctioned by the Minister provided the directions of the Minister as to the use of those aerodromes are complied with.

Licences in respect of aerodromes.

14. (1) The Minister may grant, to the proprietor of any aerodrome, a licence, subject to such conditions as the Minister thinks fit, in respect of the aerodrome.

(2) Where the Minister is satisfied that sufficient grounds exist he may cancel or suspend any such licence.

(3) Where the Minister is satisfied that the grounds of suspension no longer exist he may remove any such suspension.

Scale of charges.

15. The proprietor of an aerodrome shall exhibit in a conspicuous place on the aerodrome a tariff of charges for landing and length of stay in accordance with such form and scale as the Minister directs or approves.

 

Part IV.—Registration and Inspection of Aircraft.

Division I.—Registration.

Division 2.—Certificates of Airworthiness.

Certificates of registration of aircraft.

16. (1) The Minister may grant to the owner of any aircraft a certificate of registration in respect of the aircraft and shall assign to the registered aircraft a registration mark.

(2) Applications for certificates shall be made to the Secretary, Air Council. Melbourne.

Certificates of registration to be granted to British subjects only.

17. Except in special cases a certificate of registration in respect of an aircraft shall not be granted to any person unless he is a British subject or to any firm or company unless it is registered in, and has its principal place of business in, Australia or a Territory.

Change of ownership of registered aircraft.

18. Upon any change of ownership of a registered aircraft the certificate of registration shall become void at the expiration of two weeks after the change of ownership, but the Minister may grant a fresh certificate to the new owner.

Fee.

19. The fee payable in respect of the grant of each certificate of registration shall be one guinea.

Cancellation or suspension of certificate of registration.

20.—(1) Where any person is convicted of any contravention of, or failure to comply with, these Regulations in relation to any aircraft the Minister may cancel or suspend the certificate of registration issued in respect of the aircraft.

(2) The Minister may at any time remove any such suspension.

Division 2.—Inspection and Certificates of Airworthiness.

Certificates of airworthiness of type aircraft.

21.—(1) Subject to regulation 23 the Minister may issue to a constructor of aircraft a certificate of airworthiness in respect of one aircraft of any type (in these Regulations referred to as “a type aircraft”).

(2) The fee payable for such a certificate shall be Five guineas.

Certificate of airworthiness of aircraft.

22.—(1)  Upon the issue of a certificate under the last preceding regulation, any other aircraft of that type constructed by the constructor shall, under arrangements approved by the Minister, be inspected for airworthiness by employees of the constructor, licensed by the Minister for that purpose, and if the aircraft conforms in all essential respects, with the type aircraft and is of satisfactory workmanship and materials, the Minister may issue to the constructor a certificate of airworthiness in respect of the aircraft:

Provided that the Minister may take steps to test the inspection made by the employees of the constructor, and, if the test inspection, in his opinion, warrants such a course, may order a further inspection of the aircraft to be carried out by a person thereto authorized by him, and after that further inspection may issue or refuse a certificate or may refuse to issue certificates of airworthiness in respect of any other aircraft of the same type which have been or may be constructed by the constructor.

(2) The fee payable for a certificate issued under this regulation shall be One guinea.

 

Conditions of certificate of airworthiness.

23. A certificate of airworthiness shall not be issued in respect of any type of passenger aircraft unless—

(a) the Minister approves of the design so far as regards safety

(b)the Minister approves of the construction so far as regards workmanship and materials; and

(c) a demonstration, in accordance with the directions of, and to the satisfaction of the Minister, that the aircraft is safe for the purpose for which it is intended, is made in flying trials.

Periodical inspection of aircraft.

24.—(1) A passenger aircraft shall, at such times as the Minister directs, be inspected, overhauled and certified as airworthy by persons appointed by the owner or user of the aircraft and licensed for the purpose under regulation 27.

(2) Any such certificate shall, on demand, be produced for inspection to the Minister.

(3) Any such aircraft may be inspected by a person thereto authorized by the Minister, and, if that person reports that the aircraft is unsafe, the Minister may cancel the certificate of airworthiness or suspend it for such period as he thinks fit.

Periodical examination of aircraft.

25—(1) Except with the consent in writing of the Minister no passenger aircraft carrying passengers shall, on any day, proceed on any journey unless it has within seven days previously been inspected by a competent person (not being the pilot of the aircraft) licensed for the purpose under regulation 27.

(2) If that person is satisfied that the aircraft is fit in every way for the flight proposed, he shall sign in duplicate a certificate to that effect.

(3) The certificate shall be countersigned by another person in the employment of the owner or by the pilot, and the time and date of certification shall be shown thereon.

(4) One copy of the certificate shall be retained by the owner of the aircraft and the duplicate copy shall be carried in the aircraft.

Responsibility of pilot.

26. The pilot of an aircraft shall, before commencing any flight, satisfy himself that the aircraft is in a fit condition for the flight and does not carry more than the load specified in the certificate of airworthiness and shall sign, in the journey log-book, a certificate to that effect.

Licence to inspect aircraft.

27. The Minister may, upon such conditions as he thinks fit, grant to such competent persons as he thinks fit, licences to inspect aircraft for airworthiness and to issue certificates of airworthiness of aircraft.

Cancellation or suspension of certificates of airworthiness.

28.—(1) The Minister may, if he is satisfied that reasonable doubt exists as to the safety of any aircraft or of the type to which any aircraft belongs, cancel or suspend the certificate of airworthiness issued in respect of the aircraft.

(2) The Minister may, if satisfied that the grounds of suspension no longer exist, remove any such suspension.

 

Part V.—Licensing of Personnel.

Power of Minister to grant licences to personnel.

29.—(1) The Minister may grant licences to the personnel of aircraft.

(2) Applications for licences shall be made to the Secretary, Air Council, Melbourne.

Pilot’s licence for passenger or goods aircraft.

30. An applicant for a pilot’s licence shall be required—

(a)to pass a medical examination carried out under the control of the Minister;

(b)to produce a certificate of competency issued by the Minister after examination held by or in accordance with the direction of the Minister or to be qualified as a pilot of the Royal Air Force or the Australian Air Force; and

(c) to submit proof of recent reasonable flying experience on the class of aircraft for which the licence is required, or, in default of such proof, to undergo practical tests as to his knowledge of flying.

Pilot’s licence for other aircraft.

31. An applicant for a pilot's licence to fly aircraft other than passenger or goods aircraft shall be required to be qualified as a pilot of the Royal Air Force or Australian Air Force or to produce a certificate of competency issued by the Minister after examination held by or in accordance with the directions of the Minister.

Navigator’s licence.

32. An applicant for a licence to navigate passenger or goods aircraft shall be required—

(a) to pass a medical examination carried out under the control of the Minister; and

(b)to produce a certificate of competency issued by the Minister after examination held by or in accordance with the directions of the Minister.

Engineer’s licence.

33. A person applying for a licence to be engaged as engineer or passenger or goods aircraft shall be required—

(a) to pass a medical examination carried out under the control of the Minister;

(b)to submit proof of sufficient knowledge and experience in the management of aircraft engines; and

(c) to undergo, if necessary, practical and theoretical tests of his knowledge of the management of aircraft engines.

Other licences.

34. Applicants for licences other than those mentioned in the last three preceding regulations shall comply with such conditions as the Minister thinks fit.

Further medical examinations.

35. The holders of licences under this Part shall be required to undergo, at such times as the Minister directs, further medical examinations carried out under the control of the Minister.

Term of licence.

36. A licence granted under this Part shall remain in force for period of twelve months from the date of issue, but shall be renewable by indorsement by the Minister at the end of each period of twelve months.

Fees in respect of licences.

37.— (1) The fee payable in respect of the issue or renewal of licence shall be Five shillings.

(2) In the event of an applicant being required to undergo test in accordance with regulation 30 or 33, a fee of One guinea shall be payable in addition to that payable under the last preceding sub-regulation.

 

Licences not to be issued to persons who are not British subjects.

38. Nolicence shall be issued under regulation 30, 31, 32 or 33 to any person who is not a British subject.

Production of licences.

39. A member of the personnel of an aircraft shall, on demand by an authorized person, produce his licence for inspection by that person

Cancellation and suspension of licences.

40.—(1) The Minister may, if he is satisfied that sufficient ground have been shown or exist, cancel or suspend any licence issued to member of the personnel of an aircraft.

(2) Any such suspension may be temporary and provisional pending the holding of an inquiry.

(3) The Minister may, if satisfied that the grounds of suspension no longer exist, remove any such suspension.

Part VI.—Registration and Nationality Marks.

Form of registration and nationality marks.

41.The registration and nationality marks to be affixed to any aircraft shall be such as the Minister directs.

Affixing of marks.

42.—(1) The registration and nationality mark shall be affixed in black on a white ground in the following manner:—

(a)In the case of flying machines, the marks shall be painted—

(i) once on the lower surface of the lower main planes, and once on the upper surface of the top main planes, the top of the marks to be towards the leading edge; and

(ii) along each side of the fuselage between the main planes and the tail planes, or where the machine is not provided with a fuselage, on the nacelle;

(b)in the case of airships the marks shall be painted near the maximum cross section on both sides so as to be visible from the sides and the ground, and on the upper surface equidistant from the marks on the sides; and

(c) in the case of balloons, the marks shall be painted twice on the maximum horizontal circumference as far as possible from one another.

(2) In addition to the registration and nationality marks required tobe affixed under the last preceding sub-regulation, the nationality mark shall be painted—

(a) in the case of flying machines and airships—

(i) on the port and starboard sides of the lower surface of the lowest tail planes or elevators;

(ii) on the upper surface of the tail plane or, elevators, whichever is the larger; and

(iii) on both sides of the rudder, or, if more than one rudder is fitted, on the outer sides of the outer rudders, and

(b)in the case of balloons—on the outside surface of the basket.

(3) In the case of aircraft other than passenger or goods aircraft the registration mark shall be underlined with a black line.

Height of marks.

43.—(1) In the case of flying machines the height of the marks shall be—

(a) on the main planes and tail planes, equal to four-fifths of the chord;

(b)on the rudder, as great as possible; and

(c) on the fuselage or nacelle, equal to four-fifths of the depth of the narrowest part of that portion of the fuselage or nacelle on which the marks are painted.

 

(2) In the case of airships-—

(a) the height of the nationality mark painted on the tail plane shall be equal to four-fifths of the chord of the tail plane;

(b)the height of the nationality mark painted on the rudder shall be as great as possible; and

(c) the height of the other marks shall be equal to at least one-twelfth of the circumference at the maximum transverse cross-section of the airship.

3. In the case of balloons—

(a)the height of the nationality mark shall be equal to four-fifths of the height of the basket; and

(b)the height of the other marks shall be equal to at least one-twelfth of the circumference of the balloon.

(4) Notwithstanding anything contained in any of the last three preceding sub-regulations the nationality and registration marks on any aircraft need not exceed eight feet in height.

Width and thickness of letters or numbers in marks, &c.

44.—(1) The width of numbers or letters in a mark shall be two-thirds of their height and the thickness shall be one-sixth of their height.

(2) Numbers or letters in a mark shall be painted in plain block type and shall be uniform in shape and size.

(3) A space equal to half the width of the numbers or letters shall be left between each number or letter.

(4) In the case of underlined letters the thickness of the lines shall be equal to the thickness of the letter. The space between the bottom of the letters and the line shall be equal to the thickness of the line.

(5) Where the registration and nationality marks appear together a hyphen of a length equal to that of one of the numbers or letters shall be painted between the registration mark and the nationality mark.

(6) The registration and nationality marks shall be displayed to the best possible advantage haying regard to the constructional features of the aircraft and shall be kept clean and visible.

Part VII.—Log-books.

Log books.

45.—(1) Every aircraft shall carry an aircraft log-book, an engine log-book, a journey log-book and a signal log-book.

(2) If an, aircraft is fitted with more than one engine it shall carry a separate engine log-book for each engine.

(3) The log-books shall be in accordance with the patterns authorized by the Minister.

(4) The owner, commander, pilot or navigator of an aircraft shall enter in the log-books such information and particulars as the Minister directs.

 

Part VIII—Lights and Signals.

Compliance with regulations as to lights.

46.—(1) The regulations in this part relating to lights shall be complied with in all weathers by night, and during such time no other lights which may be mistaken for the lights required by these Regulations to be exhibited shall be exhibited.

(2) The lights required by these Regulations to be exhibited shall not be dazzling.

Flying machines in the air.

47.— (1) A flying machine when in the air, or manœuvring on land or water under its own power, or when stationary on land or water, but not anchored or moored, shall carry the following lights:—

(a) Forward—A white light visible in a dihedral angle of two hundred and twenty degrees bisected by a vertical plane through the line of flight, and of such a character as to be visible at a distance of not less than five miles;

(b) On the starboard side—A green light, so constructed and fixed as to show all unbroken light between two vertical planes whose dihedral angle is one hundred and ten degrees when measured to the right from dead ahead, and of such a character as to be visible at a distance of not less than three miles;

(c)On the port side—As red light, so constructed and fixed as to show an unbroken light between two vertical planes whose dihedral angle is one hundred and ten degrees when measured to the left from dead ahead, and of such a character as to be visible at a distance of at least three miles; and

(d)At the rear—As far aft as possible, a white light shining rearwards and visible in a dihedral angle of one hundred and forty degrees bisected by a vertical plane through the line of flight.

(2) The green and red side lights shall be fitted so that the green light shall not be visible from the port side and the red light shall not be visible from the starboard side.

(3) In any case where, in order to comply with the provisions of sub-regulation (1) of this regulation, it is necessary to replace a single light by several lights the field of visibility of each of those lights shall be so limited that in no case is more than one light visible at any one time.

Lights on airships.

48.—(l) The last preceding regulation shall apply to airships subject to the following modifications:—

(a)all lights shall be doubles, the forward and aft lights vertically and the side lights horizontally; and

(b) both lights of each pair forward and aft shall be visible at the same time.

(2) The distance between the lights of each pair shall be not less than six feet.

Airship on tow.

49. An airship when being towed shall carry the lights referred to in the last preceding regulation and, in addition, those specified in regulation 51 for airships not under control.

Flying machine on surface of water and not under control.

50. A flying machine when on the surface of the water and not able to manœuvre as required by the regulations for preventing collisions at area shall carry two red lights not less than six feet apart in a vertical line one over the other, and of such a character as to be visible all around the horizon at a distance of not less than two miles. In addition the side lights shall be shown if the flying machine is underway.

Airship not under control, &c.

51. An airship which from any cause is not under control or which has voluntarily stopped her engines shall, in addition to the lights required under regulation 48, display conspicuously two red lights, one over the other approximately in a vertical line, not less than six feet apart and so constructed as to show a light in all directions and of such a character as to be visible at a distance of not less than two miles.

Bay signals in case of airship being towed not under control, &c.

52.—(1) An airship when being towed or which from any cause as not under control, shall, by day, display conspicuously two black balls or shapes, each two feet in diameter, placed one over the other and approximately in a vertical line.

(2) An airship moored or under way, but having voluntarily stopped its engines shall, by day, display conspicuously a black ball or shape two feet in diameter, and shall be treated by other aircraft as being not under control.

Free balloons.

53. A free balloon shall carry, below the car at a distance of not less than twenty feet, one bright white light so constructed as to show an unbroken light in all directions and of such a character as to be visible at a distance of not less than two miles.

Fixed balloons.

54.—(1) A fixed balloon shall carry below the car three lights not less than six feet apart in vertical line.

(2) The highest light shall be not less than twenty feet below the car and shall be red, the middle light shall be white and the lowest light shall be red and they shall all be of such a character as to be visible in all directions at a distance of not less than two miles.

(3) In addition to the group of lights required to be shown in accordance with the last two preceding sub-regulations the mooring cable of the balloon shall have attached to it at intervals of one thousand feet measured from the car similar groups of lights and the object to which the balloon is moored on the ground shall be marked by a similar group of lights.

(4) By day the mooring cable shall carry in the same positions as the groups of lights referred to in the last preceding sub-regulation, and in lieu thereof, tubular streamers not less than eight inches in diameter and six feet in length, marked with alternate bands, eighteen inches in width, of white and red.

Moored airships.

55.—(1) An airship when moored near the ground shall carry the lights required to be carried under regulation 48.

(2) Where an airship is moored at a distance from the ground, the airship, the mooring cable and the object on the ground to which the airship is moored shall be marked by day and by night, in accordance with the provisions of the last preceding regulation, as if the airship was a fixed balloon:

Provided that sea anchors or drogues used by airships for mooring purposes shall not be required to be marked.

Flying machines anchored or moored on water.

56.—(1) In order to prevent collisions with surface craft—

(a) a flying machine when at anchor or moored on the water shall carry, in the forward part of the flying machine, where it will be most visible, a white light so constructed as to show an unbroken light visible all around the horizon at a distance of not less than one mile;

(b)a flying machine of one hundred and fifty feet or more in length, when at anchor or moored on the water, shall carry, in the forward part of the flying machine, one such light and at or near the stern of the flying machine and at such a height that it shall be not less than fifteen feet lower than the forward light, another such light; and

(c)flying machines of one hundred and fifty feet or more in span, when at anchor or moored on the water shall, in addition to the lights required to be carried under either of the last two preceding paragraphs, carry at each lower wing tip one such light.

(2) For the purposes of this regulation—“length” means the overall length; “span” means the maximum lateral dimension.

 

Failure of lights.

57. In the event of the failure on any aircraft of any of the lights required to be shown under these Regulations the aircraft shall land at the first reasonably safe opportunity.

Landing at aerodromes at night.

58.—(1) Any aircraft proposing to land at night on an aerodrome having a ground control shall, before landing, fire a green Very’s light or flash a green lamp, and shall, in addition, make by International Morse Code, the letter group forming its call sign.

(2) Permission to land shall be given by the repetition of the same call signfrom the ground, followed by a green Very’s light or the flashing of a green lamp.

(3) Refusal of permission to land shall be indicated by the firing of a red Very’s light or the display of a red flare from the ground.

Aircraft compelled to land at night.

59. Any aircraft which is compelled to land at night shall before landing, fire a red Very’s light or make a series of short flashes with the lights carried in pursuance of these Regulations.

Aircraft in distress.

60. When an aircraft is in distress and requires assistance it may use or display, either together or separately, any of the following signals:—

(a) the international signal, S.O.S. by means of visual or wireless signals;

(b)the international code flag signal of distress, indicated by N.C.;

(c) the distant signal, consisting of a square flag having either above or below it a ball, or anything resembling a ball;

(d)a continuous sounding with any sound apparatus;

(e) a signal consisting of a succession of white Very’s lights fired at short intervals.

Fog signals.

61. In fog, mist, falling snow or heavy rainstorm, whether by day or night, an aircraft on the water shall make the following sound signals with any sound apparatus:—

(a)If not anchored or moored, a sound, at intervals of not more than two minutes, consisting of two blasts of more than five seconds' duration with an interval of approximately a second between them; and

(b)If anchored or moored, a sound at intervals of not more than one minute, consisting of one blast of approximately five seconds duration.

Use of station and signal lights, &c.

62. Nothing in this part shall prevent—

(a)the use, in respect of two or more military aircraft, or aircraft in formation, of additional station and signal lights; or

(b) the exhibition of recognition signals adopted by owners of aircraft,

provided those station and signal lights and recognition signals are approved and registered by the Minister and published by the Minister in the Gazette.

 

Part IX.—Rules of the Air.

Right of way.

63.—(1) Flying machines shall at all times give way to balloons whether fixed or free, and to airships.

(2) Airships shall at all times give way to balloons whether fixed or free.

(3) For the purposes of this regulation an airship not under its own control shall be deemed to be a free balloon.

Motor-driven aircraft rules as to manœuvring.

64. A motor driven aircraft shall manoeuvre in the manner provided by this Part at any time when it is apparent that if it pursued its course it would pass at a distance of less than two hundred yards from any part of any other aircraft.

Motor-driven aircraft— meeting one another, crossing, &c.

65.—(1) When two motor-driven aircraft are meeting end on each shall alter its course to starboard.

(2) When two motor-driven aircraft are on courses which cross, the aircraft which has the other on its own starboard side shall keep out of the way of the other.

Aircraft overtaking another.

66.—(1) An 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) An aircraft coming up with another aircraft from any direction more than one hundred and ten degrees from ahead, that is, 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, for the purposes of this regulation, 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 Regulations, or relieve it of the duty of keeping clear of the overtaken aircraft until it is finally past and clear.

(3) As an aircraft cannot, by day, always know with certainty, whether it is, in relation to another aircraft, forward or abaft the direction specified in the last preceding sub-regulation, it shall if in doubt assume that it is an overtaking aircraft and keep out of the way.

Action to be taken by other aircraft.

67.—(1) Where, under any of these Regulations, one of two aircraft is required to keep out of the way the other shall keep its course and speed.

(2) Where, in consequence of thick weather or other causes, such other aircraft finds itself so close that collision cannot be avoided by the action of the aircraft required to give way alone, the other aircraft shall take such action as will best aid to avert collision.

Aircraft not to cross ahead of another.

68. Any aircraft which is required by these regulations to keep out of the way of another aircraft shall, if the circumstances of the case admit, avoid crossing ahead of the other.

Aircraft following official aerial route.

69 An aircraft, in following an officially recognised aerial route, shall where it is safe and practicable, keep to the right side of the route

Aircraft taking off.

70. No aircraft, on land or water, about to ascend, shall attempt to take off until there is no risk of collision with alighting aircraft.

Aircraft in cloud, fog, &c.

71. An aircraft in a cloud, fog, mist or other conditions of bad visibility shall proceed with caution, having careful regard to the existing circumstances and conditions.

 

Ballast, &c., not to be dropped.

72. Except in pursuance of a licence granted under the next succeeding regulation, no person, firm or company, shall drop or cause or permit to be dropped, from any aircraft in the air, any article or any ballast (other than fine sand or water).

Licences to drop packages.

73. The Minister may, subject to such conditions and for such period as is specified in the licence and subject to the directions of the Minister grant a licence to any person, firm or company authorizing the person, firm or company to drop or cause or permit to be dropped packages from aircraft on to dropping grounds approved by the Minister for the purpose.

Circuit of aeroplanes on aerodromes.

74.—(1) The proprietor of an aerodrome shall display in a prominent position on the aerodrome—

(a) by day, a flag; and

(b) by night, a light,

which shall indicate that if an aeroplane about to land finds it necessary to make a circuit or a partial circuit the circuit shall be left-handed (anti-clockwise) or right-handed (clockwise) according to the colour of the flag or light.

(2) A blue flag or a green light shall indicate a right-handed circuit, that is, that the flag or light is to be kept to the starboard side of the aeroplane.

(3) A red flag or a red light shall indicate a left-handed circuit, that is, that the flag or light is to be kept to the port side of the aeroplane.

(3) An aeroplane leaving a licensed aerodrome shall conform to the circuit as indicated by the flag or light.

Aeroplane turning after starting from licensed aerodromes.

75. When an aeroplane starts from a licensed aerodrome it shall not turn until it is at a distance of not less than five hundred yards from the nearest point of the aerodrome, and the turning then made shall be in the same direction as that in which a circuit on the aerodrome is required to be made.

Aeroplane turning in certain cases.

76. An aeroplane flying at a distance from the nearest point of an aerodrome of not less than five hundred and not more than six thousand yards shall, unless it is flying at a greater height than six thousand five hundred feet, when turning, turn in the same direction as that in which a circuit on the aerodrome is required to be made.

Trick flying.

77. No aircraft shall engage in trick flying within a distance in any direction of less than two thousand yards from the nearest point of any licensed aerodrome.

Direction of wind.

78. The proprietor of a licensed aerodrome shall clearly indicate on the aerodrome, by means of a landing tee, conical streamer or smudge fire, or by such means as the Minister approves, the direction of the wind.

Aeroplane to take off upwind, &c.

79. An aeroplane when taking off from or alighting on a licensed aerodrome shall do so upwind except where the natural conditions of the aerodrome do not permit.

Two or more aeroplanes landing at aerodrome.

80. In the event of more than one aeroplane approaching a licensed aerodrome at the same time for the purpose of landing an aeroplane at a greater height shall avoid an aeroplane at a lower height and shall, as regards landing, comply with regulation 65 as to passing.

 

Aeroplanes showing signals of distress.

81. An aeroplane showing signals of distress shall be given, by at other aircraft, free way in attempting to make a landing on a licensed aerodrome.

Zones of aerodromes.

82. For the purposes of these regulations, a licensed aerodrome shall be deemed to consist of three zones when looking upwind, namely:—

(a)the right hand zone which shall be the taking off zone;

(b)the left hand zone which shall be the landing zone; and

(c) between the right-hand zone and the left-hand zone, the neutral zone.

Landing and taking off of aeroplanes.

83.—(1) An aeroplane when landing at a licensed aerodrome, shall land as near as possible to the neutral zone of the aerodrome and in any case on the left of any aeroplanes which have already landed.

(2) After slowing up or coming to a stop at the end of its landing run, an aeroplane shall immediately taxi into the neutral zone.

(3) An aeroplane when taking off from a licensed aerodrome shall keep as far as possible to the right of the taking off zone and shall keep clear to the left of any aeroplanes which are taking off or about to take off.

(4) No aeroplane shall commence to take off until the preceding aeroplane is clear of the aerodrome.

Marking off zones at night.

84.—(1) By night—

(a) the right-hand zone shall be marked by white lights placed in the shape of the letter “L”;

(b)the left-hand zone shall be similarly marked; and

(c) the letters “L” shall be back to back so that the long sides of the letters will indicate the borders of the neutral zone

(2) The lights of the letters “L” shall be so placed that the lights indicating the top extremity of the long arm shall be the nearest point on the aerodrome upon which an aeroplane can safely tow ground.

(3) The lights indicating the short arm of the letter “L” shall indicate the limit of the safe landing ground for an aeroplane.

Alternative method of marking zones of light.

85. Where it is desired to save lights and personnel the following system of marking the zones may he used in lieu of that prescribed in the last preceding regulation:—

(a) Two lights shall be placed on the windward side of the aerodrome to mark the limits of the neutral zone, the line joining the lights being at right angles to the direction of the wind;

(b)One light shall be placed on the leeward side of the aerodrome on the line drawn parallel to the direction of the wind and passing midway between the two lights on the windward side for the purpose of showing the extent of the aerodrome and the direction of the wind;

(c) One light shall be placed midway between the two lights marking the limits of the neutral zone;

(d) Additional lights may be symmetrically placed along the boundary lines of the neutral zone and on the ends of the taking off and landing zones, on the line through the three lights on the windward side.

Direction of landing in relation to zones.

86. The direction of landing by an aeroplane shall invariably be along the long arm of the letter “L” and towards the short arm.

 

Fixed balloons &c., not to be elevated in vicinity of aerodrome.

87. No fixed balloon, kite or moored airship shall, without the authority of the Minister, be elevated in the vicinity of any aerodrome.

Dangerous obstacles.

88. Any obstacle on an aerodrome which constitutes a source of danger to aircraft shall be marked as directed by the Minister.

Aircraft manœuvring on water.

89.—(1) Any aircraft manœuvring under its own power on the water shall comply with the regulations for preventing collisions at sea, and for the purposes of those regulations shall be deemed to be a steam vessel, but shall carry the lights specified in these Regulations, and not those specified for steam vessels in those regulations.

(2) The sound signals specified in the regulations for preventing collisions at sea shall not be used by or apply to such aircraft except as provided in regulations 60 and 61 of these Regulations.

Part X.—Miscellaneous.

Prohibited areas.

90. The Minister may by notice published in the Gazette declare any area to be a prohibited area for the purposes of these Regulations.

Prohibited areas for flying balloons and kites.

91.— (1) Without limiting the effect of the last preceding regulation the Minister may declare by notice in the Commonwealth Gazette that any area is a prohibited area for the flying of balloons.

(2) On the publication of any such notice in the Commonwealth Gazette the area referred to therein shall be a prohibited area for the flying of balloons or kites during the time specified in the notice or until the notice is cancelled.

(3) No person shall cause to fly or float or release in such a manner that it does fly or float within a prohibited area for the flying of balloons any balloon or kite.

(4) For the purpose of this regulation—

“balloon” includes any kind of balloon or airship or article similar to a balloon or airship and any substance attached to any balloon or airship or similar article; and

“kite” includes any kind of kite and any substance attached to any kite.

Access to aerodromes, &c. by authorized person.

92. Any authorized person shall have access at all reasonable time to any place to which access is necessary for the purpose of carrying out his powers and duties under these Regulations, and in particular—

(a)shall have access at all times to any aerodrome for the purpose of inspecting the aerodrome; and

(b)during the construction of a passenger aircraft, shall at all times during working hours, have access for the purpose of inspection, to that portion of the workshops in which parts of the aircraft are being manufactured or assembled and to drawings of the parts under inspection, whether at the works of the main contractor or of sub-contractors.

Access to aerodromes of His Majesty’s aircraft.

93. All aircraft belonging to, or employed in the service of, His Majesty shall have, at all times, access to any licensed aerodrome.

Inspection of certificates and log-books of aircraft.

94. The owner or person in charge of any aircraft shall, on demand by an authorized person, produce, for inspection by that person, any certificates or licences relating to the aircraft, and also, in the case of passenger or goods aircraft, any of the prescribed log-books.

 

Payment of fees.

95. Notwithstanding anything contained in these Regulations no fees shall be payable under these Regulations for a period of twelve months after the commencement of these Regulations.

Penalties.

96.—(1). Where any aircraft flies in contravention of, or fails to comply with, any of these Regulations, the owner, commander and pilot of the aircraft shall be deemed to have contravened or failed to comply with these Regulations.

(2) If any person obstructs or impedes any authorized person in the exercise of his powers and duties under these Regulations he shall be deemed to have contravened these Regulations.

(3) Any person contravening or failing to comply with any of these Regulations shall be guilty of an offence against these Regulations.

(4) The punishment for an offence against these Regulations shall be a fine not exceeding Two hundred pounds or imprisonment for any term not exceeding six months, or both.

(5) It shall be a good defence to any proceedings for the commission of an offence against these Regulations if the commission of the offence is proved to have been due to stress of weather or other unavoidable cause.

(6) No proceedings shall, without the consent in writing of the Minister, be commenced against any person in respect of any offence against these Regulations committed within three months after the commencement of these Regulations.

Saving of ordinary rights.

97. Nothing in these Regulations shall be construed as conferring on any aircraft, as against the owner of any land or any person interested in any land, the right to land on that land or as prejudicing the rights or remedies of any person in respect of any injury to persons or property caused by any aircraft.

Regulations not to prevent legal consequences of neglect.

98. Nothing in these Regulations shall exonerate any aircraft or the owner or personnel thereof from the legal consequences of any neglect to carry lights or signals or of any neglect to keep a proper look out or of the neglect of any precaution which is required by the ordinary practice of the air or by the special circumstances of the case.

   

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.