Civil Aviation Amendment Regulations 1999 (No. 7) (Cth)

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Civil Aviation Amendment Regulations 1999 (No. 7)

Statutory Rules 1999 No. 354

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under theCivil Aviation Act 1988.

Dated 15 December 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

john anderson

Minister for Transport and Regional Services

Civil Aviation Amendment Regulations 1999 (No. 7)1

Statutory Rules 1999 No. 3542

made under the

Civil Aviation Act 1988

   

Contents

Page

 

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1Name of Regulations

 These Regulations are the Civil Aviation Amendment Regulations 1999 (No. 7).

2Commencement

 These Regulations commence on 1 January 2000.

3Amendment of Civil Aviation Regulations 1988

Schedule 1 amends the Civil Aviation Regulations 1988.

Schedule 1Amendments

Do not delete: Schedule Part placeholder

(regulation 3)

[1]Subregulation 2 (1), definition of aeroplane pilot rating, after paragraph (e)

insert

  • (ea)

    a multi-engine aeroplane grade of private I.F.R. rating; or

  • (eb)

    a single-engine aeroplane grade of private I.F.R. rating; or

[2]Subregulation 2 (1), definition of flight test

substitute

flight test means a practical test of a person’s aeronautical knowledge and practical flying skill set by CASA.

[3]Subregulation 2 (1), definition of helicopter pilot rating, after paragraph (e)

insert

  • (ea)

    a multi-engine helicopter grade of private I.F.R. rating; or

  • (eb)

    a single-engine helicopter grade of private I.F.R. rating; or

[4]Subregulation 2 (1), after definition of instrument ground time

insert

instrument rating means a rating mentioned in paragraph 5.13 (g).

[5]Subregulation 2 (1), after definition of private (helicopter) pilot

insert

private I.F.R. rating means a rating mentioned in paragraph 5.13 (ga).

[6]After paragraph 5.13 (g)

insert

  • (ga)

    a private I.F.R. rating of one of the following grades:

    • (i)

      multi-engine aeroplane grade;

    • (ii)

      single-engine aeroplane grade;

    • (iii)

      multi-engine helicopter grade;

    • (iv)

      single-engine helicopter grade;

[7]Subregulation 5.14 (1)

substitute

  • (1)

    CASA may give directions in Civil Aviation Orders setting out requirements for the issue of a flight crew rating, or grade of flight crew rating, to a person.

  • (1A)

    The Orders may include:

    • (a)

      the flight tests that must be passed by the person; and

    • (b)

      any other requirements that must be satisfied by the person; and

    • (c)

      any other condition that must be satisfied by, or in relation to, the person.

[8]Subregulation 5.14 (2)

omit

if, and only if, the holder:

insert

only if:

[9]Paragraphs 5.14 (2) (a) and (b)

substitute

  • (a)

    the person has passed the necessary flight tests; and

  • (b)

    the person satisfies the other requirements; and

  • (c)

    any other condition to be met by, or in relation to, the person has been met;

 for the issue, or renewal, of a rating, or grade of rating.

[10]After regulation 5.17

insert

5.17APrivate I.F.R. rating — regular flight reviews required

  • (1)

    The holder of a grade of private I.F.R. rating must satisfactorily complete a private I.F.R. flight review for that grade (a flight review) no more than 2 years after:

    • (a)

      that grade of rating was issued to the holder; or

    • (b)

      the holder satisfactorily completed a flight review.

  • (2)

    If the holder does not comply with subregulation (1), that grade of rating ceases to be in force until the holder satisfactorily completes a flight review.

  • (3)

    CASA may publish Civil Aviation Orders that specify:

    • (a)

      who may conduct a flight review; and

    • (b)

      the assessment used for a flight review; and

    • (c)

      the way in which the holder is given evidence of the satisfactory completion of a flight review; and

    • (d)

      that the holder of a particular grade of rating need not complete a flight review for another grade of rating.

[11]Regulation 5.19

substitute

5.19Flight crew rating — flight tests

  • (1)

    CASA may issue Civil Aviation Orders that describe the flight tests for the issue of a flight crew rating, or a grade of flight crew rating, to a person.

  • (2) 

    The Orders may include:

    • (a)

      any condition that must be satisfied by, or in relation to, the person; and

    • (b)

      the content of any test that must be passed by the person; and

    • (c)

      the way in which a test is to be conducted.

  • (3)

    CASA may conduct the flight tests in relation to a flight crew rating, or grade of flight crew rating, that are required by the Civil Aviation Orders.

[12]After regulation 5.20

insert

5.20AFlight procedure authorisation — purpose

 A flight procedure authorisation entitles the holder, while acting as pilot in command of an aircraft, to:

  • (a)

    use a radio-navigation aid or other navigation system; or

  • (b)

    carry out another flight procedure under the I.F.R.

5.20BFlight procedure authorisation — eligibility

 CASA may issue a flight procedure authorisation to a person if:

  • (a)

    the person applies in writing to CASA; and

  • (b)

    the person:

    • (i)

      holds a private I.F.R. rating; or

    • (ii)

      has satisfied the requirements for the issue of a private I.F.R. rating; and

  • (c)

    all the conditions relating to the issue of the authorisation have been satisfied.

5.20CIssue of flight procedure authorisations and entitlements of holders

 CASA may issue Civil Aviation Orders that set out the following:

  • (a)

    each kind of flight procedure authorisation that CASA may issue;

  • (b)

    any requirements that must be satisfied before a flight procedure authorisation may be issued to a person, including:

    • (i)

      any condition that must be satisfied by, or in relation to, the person; and

    • (ii)

      the content of any test that must be passed by the person; and

    • (iii)

      the way in which a test is to be conducted;

  • (c)

    the way in which a person is given evidence that a flight procedure authorisation has been issued to him or her;

  • (d)

    the authority that is given by a particular flight procedure authorisation.

[13]Paragraph 5.51 (1) (a)

substitute

  • (a)

    for the entry of flight crew ratings, aircraft endorsements and flight procedure authorisations; and

[14]Regulation 5.59, heading

substitute

5.59Syllabuses of training

[15]Paragraph 5.59 (f)

omit

syllabus.

insert

syllabus;

[16]After paragraph 5.59 (f)

insert

  • (g)

    flight crew rating syllabus.

[17]Subparagraph 5.80 (2) (d) (ii)

omit

airplane

insert

aeroplane

[18]Subparagraph 5.107 (3) (d) (ii)

omit

airplane

insert

aeroplane

[19]Subregulation 176 (1)

substitute

  • (1)

    The pilot in command of an aircraft must not fly the aircraft under the I.F.R. unless he or she holds:

    • (a)

      an instrument rating; or

    • (b)

      a private I.F.R. rating.

[20]After paragraph 178 (5) (a)

insert

  • (aa)

    during arrival or departure, if the aircraft is being flown:

    • (i)

      at a safe height above the terrain; and

    • (ii)

      in accordance with any instructions published in AIP; or

[21]After subregulation 178 (5)

insert

  • (5A)

    For paragraph (5) (aa):

arrival means the time during which an aircraft is descending for a landing at a rate that is reasonable under the circumstances.

departure means the time during which an aircraft is climbing after take-off at a rate that is reasonable under the circumstances.

Notes

1. These Regulations amend Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262 and 353.

2. Made by the Governor-General on 15 December 1999, and notified in the Commonwealth of Australia Gazette on 22 December 1999. 

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