Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 88 1

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Civil Aviation Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 29 May 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN SHARP

Minister for Transport and Regional Development

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1.   Amendment

1.1The Civil Aviation Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 252A (Emergency locator transmitters)

2.1 Omit the regulation, substitute:

Emergency locator transmitters

 “252A. (1) On and after 31 July 1997, an Australian aircraft (except an exempted aircraft) must not begin a flight unless:

• (a)

  it is fitted with an approved ELT:

  • (i)

    that is in working order; and

  • (ii)

    whose switch is set to the position marked “armed”, if that switch has a position so marked; or

• (b)

  it carries, in a place readily accessible to the operating crew, an approved portable ELT that is in working order.

Penalty: 25 penalty units.

 “(2) Subregulation (1) does not apply in relation to a flight by an Australian aircraft if:

• (a)

  the flight is to take place wholly within a radius of 50 miles from the aerodrome reference point of the aerodrome from which the flight is to begin; or

• (b)

  the flight is, or is incidental to, an agricultural operation; or

• (c)

  CASA has given permission for the flight under subregulation 134 (1); or

• (d)

  the aircraft is new and the flight is for a purpose associated with its manufacture, preparation or delivery; or

• (e)

  the flight is for the purpose of moving the aircraft to a place to have an approved ELT fitted to the aircraft, or to have an approved ELT that is fitted to it repaired, removed or overhauled.

 “(3) Subregulation (1) does not apply in relation to a flight by an Australian aircraft if, when the flight takes place:

• (a)

  an approved ELT fitted to the aircraft, or an approved portable ELT usually carried in the aircraft, has been temporarily removed for inspection, repair, modification or replacement; and

• (b)

  an entry has been made in the aircraft’s log book, or approved alternative maintenance record, stating:

  • (i)

    the ELT’s make, model and serial number; and

  • (ii)

    the date on which it was removed; and

  • (iii)

    the reason for removing it; and

• (c)

  a placard stating “ELT not installed or carried” has been placed in the aircraft in a position where it can be seen by the aircraft’s pilot; and

• (d)

  not more than 90 days have passed since the ELT was removed.

 “(4) For the purposes of this regulation, and subject to subregulation (6), an ELT is taken to be an approved ELT in relation to an aircraft if, and only if, it is automatically activated on impact and meets any of the following requirements:

• (a)

  it is of a type that is authorised by the FAA in accordance with TSO C91a or TSO C126;

• (b)

  CASA is satisfied that it meets the requirements of TSO C91a or TSO C126;

• (c)

  it was fitted to the aircraft before 5 December 1996 and meets either of the following requirements:

  • (i)

    it is of a type that is authorised by the FAA in accordance with TSO C91;

  • (ii)

    CASA is satisfied that it meets the requirements of TSO C91.

 “(5) For the purposes of this regulation, and subject to subregulation (6), an ELT (whether or not automatically activated on impact) is taken to be an approved portable ELT if, and only if:

• (a)

  it is a portable emergency position indicating radio beacon of a type that meets the requirements of MS 241, MS 309, AS/NZS 4330:1995 or AS/NZS 4280:1995; or

• (b)

  it is a portable ELT of a type that meets the requirements of TSO C91, TSO C91a or TSO C126.

 “(6) For the purposes of this regulation, an ELT is not taken to be an approved ELT or an approved portable ELT if it is fitted with a lithium-sulphur dioxide battery that does not meet the requirements of TSO C97.

 “(7) In this regulation:

‘AS/NZS’ followed by a number and a year means the Australian/New Zealand Standard of that number published jointly in that year by Standards Australia and Standards New Zealand;

‘ELT’ means an emergency locator transmitter, an emergency position indicating radio beacon, or a personal locator beacon, that transmits on the frequency 121.5 MHz;

‘exempted aircraft’ means:

• (a)

  a high-capacity regular public transport aircraft; or

• (b)

  a high-capacity charter aircraft; or

• (c)

  a single seat aircraft; or

• (d)

  a turbojet-powered aircraft; or

• (e)

  a balloon; or

• (f)

  an airship; or

• (g)

  a glider;

‘FAA’ means the Federal Aviation Administration of the United States of America;

‘high-capacity’, in relation to an aircraft, means permitted, by the aircraft’s certificate of type approval:

• (a)

  to have a maximum seating capacity of more than 38 seats; or

• (b)

  to carry a maximum payload of more than 4,200 kilograms;

‘MS’ followed by a number means the Ministerial Standard of that number issued under section 9 of the Radiocommunications Act 1983 and continued in force by section 4 of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992;

‘single seat aircraft’ means an aircraft that is equipped to carry only one person;

‘TSO’ followed by the letter ‘C’ and a number means the Technical Standard Order so numbered issued by the FAA.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 June 1996.

2. 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 (amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224.