Civil Aviation Amendment Regulations 2000 (No. 6) (Cth)

Civil Aviation Amendment Regulations 2000 (No. 6)

Statutory Rules 2000 No. 261

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 8 September 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

Civil Aviation Amendment Regulations 2000 (No. 6)1

Statutory Rules 2000 No. 2612

made under the

Civil Aviation Act 1988

   

Contents

Page

1. •
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1Name of Regulations

 These Regulations are the Civil Aviation Amendment Regulations 2000 (No. 6).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Civil Aviation Regulations 1988

Schedule 1 amends the Civil Aviation Regulations 1988.

Schedule 1Amendments

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(regulation 3)

[1]After regulation 5.26

insert

5.26BACAS training — definitions

 For regulations 5.26D, 5.26F, 5.26H, 5.26J and 5.26L:

ACAS means an approved TCAS II within the meaning given by regulation 262AB.

ACAS-current has the meaning given by regulation 5.26D.

ACAS initial trainingmeans training in accordance with the initial training component of an ACAS syllabus.

ACAS instructor means an authorised flight instructor who is an ACAS-current pilot.

ACAS renewal trainingmeans training in accordance with the renewal training component of an ACAS syllabus.

ACAS syllabus means a syllabus of training in the use of ACAS, prepared by CASA and published under paragraph 5.59 (h).

5.26DACAS-currency — meaning

1. (1)

   In this regulation:

ACAS-current has the meaning given in subregulations (2) and (3).

ACAS training means:

1. (a)

   ACAS initial training in accordance with regulation 5.26H; or

2. (b)

   ACAS renewal training in accordance with regulation 5.26J; or

3. (c)

   a session of ACAS cyclic training in accordance with regulation 5.26L.

1. (2)

   A pilot is ACAS-current for 12 months from the time when the pilot completes ACAS training.

2. (3)

   However:

   1. (a)

      if a pilot completes ACAS renewal training in accordance with regulation 5.26J more than 9 months and less than 12 months after previously completing ACAS training (the earlier training), the pilot is ACAS‑current for 2 years after completing the earlier training; and

   2. (b)

      if a pilot completes, on 2 or more days within

      a particular 12 month period, a session of

      ACAS cyclic training in accordance with regulation 5.26L, the pilot is ACAS-current for 12 months from the time when, on the first of those days, the pilot completes the training.

5.26FRequirement to be ACAS-current

1. (1)

   On or after 1 January 2001, only an ACAS-current pilot may act as pilot in command of an Australian aircraft during any period while an ACAS fitted to the aircraft is activated.

   Penalty:   25 penalty units.

2. (2)

   Subregulation (1) has effect despite anything else in these Regulations, the Civil Aviation Orders or any permission (however described) given under the Orders.

5.26HACAS initial training

1. (1)

   A pilot completes ACAS initial training when:

   1. (a)

      an ACAS instructor certifies in the pilot’s personal log book that the pilot has completed ACAS initial training conducted by a flying school whose AOC authorises it to operate aircraft for instrument flying training; or

   2. (b)

      a CASA flying operations inspector certifies in the pilot’s personal log book that the pilot has completed ACAS initial training conducted by CASA.

2. (2)

   However, a pilot who, on a day during the year 2000, completes ACAS renewal training is taken to have completed ACAS initial training on that day.

5.26JRenewal of ACAS-currency

1. (1)

   A pilot completes ACAS renewal training when:

   1. (a)

      an ACAS instructor certifies in the pilot’s personal log book that the pilot has successfully completed ACAS renewal training conducted by a flying school whose AOC authorises it to operate aircraft for instrument flying training; or

   2. (b)

      a CASA flying operations inspector certifies in the pilot’s personal log book that the pilot has completed ACAS renewal training conducted by CASA.

2. (2)

   An ACAS instructor is taken to have completed ACAS renewal training when the instructor conducts ACAS initial training or ACAS renewal training.

5.26LACAS cyclic training

(1) In this regulation:

ACAS cyclic training means training that is:

1. (a)

   conducted in accordance with an ACAS syllabus by an approved training and checking organisation; and

2. (b)

   part of the tests and checks that are subject to CASA’s approval under subregulation 217 (3).

approved training and checking organisation means an organisation approved under subregulation 217 (3).

check pilot means an ACAS-current pilot who conducts ACAS cyclic training for an approved training and checking organisation.

1. (2) 

   A pilot completes a session of ACAS cyclic training when a check pilot certifies in the pilot’s personal log book that the pilot has successfully completed that training session.

2. (3)

   A pilot is taken to have completed:

   1. (a)

      ACAS initial training on the first occasion that the pilot completes a session of ACAS cyclic training; and

   2. (b)

      ACAS renewal training on the second or a subsequent occasion that the pilot completes a session of ACAS cyclic training.

3. (4)

   A check pilot is taken to have completed ACAS renewal training when the check pilot conducts ACAS cyclic training.

[2]Paragraph 5.51 (1) (a)

substitute

1. (a)

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

[3]Paragraph 5.59 (g)

omit

syllabus.

insert

syllabus;

[4]After paragraph 5.59 (g)

insert

1. (h)

   ACAS syllabus.

[5]Regulation 262AC, at the foot

insert

Note   On or after 1 January 2001, only an ACAS-current pilot may act as pilot in command of an Australian aircraft during any period while an approved TCAS II fitted to the aircraft is activated: see regulations 5.26B to 5.26L.

[6]Subregulation 262AG (3)

substitute

1. (3)

   Subregulation (2) does not apply if:

   1. (a)

      the flight is for the purpose of moving the aircraft to a place to have an approved but unserviceable TCAS II that is fitted to the aircraft repaired, removed, replaced or overhauled; or

   2. (b)

      at the beginning of the flight, the aircraft was fitted with an approved TCAS II that was unserviceable, and the unserviceability was then permitted for the aircraft under a law in force in the country in which the aircraft is registered.

[7]Regulation 262AJ

substitute

262AJReporting unserviceable ACAS before flight

 Before beginning a flight of a kind mentioned in subregulation 262AG (3), the pilot in command must tell Air Traffic Control that the aircraft does not have a serviceable TCAS II.

Penalty:   5 penalty units.

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, 353 and 354; 2000 Nos. 8, 204, 205 and 227.

2. Made by the Governor-General on 8 September 2000, and notified in the Commonwealth of Australia Gazette on 15 September 2000.