Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 382 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 9 November 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

LAURIE BRERETON

Minister for Transport

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1.   Amendment

1.1   The 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 2 (Interpretation)

2.1   Subregulation 2 (1) ( definition of “class A aircraft”):

Omit paragraph (b), substitute:

• “(b)

  the aircraft is being used, or is to be used, by the holder of an Air Operator’s Certificate which authorises the use of that aircraft for the commercial purpose referred to in paragraph 206 (1) (c);”.

2.2   Subregulation 2 (1) (definition of “radiocommunication system”):

Omit the definition, substitute:

“‘radiocommunication system’ means equipment that is capable of maintaining two-way voice communication through the aeronautical mobile radio service;”.

3.   Regulation 5A (Certain directions etc. to be disallowable instruments)

3.1   Paragraph 5A (1) (a):

Omit “Order”, substitute “Order that is not an airworthiness directive”.

4.   Regulation 31 (Aircraft maintenance engineer licences)

4.1   Paragraph 31 (1) (c):

Omit “systems”.

4.2   Paragraph 31 (1) (d):

Omit “systems”.

4.3   Paragraph 31 (4) (c):

Omit “and directs in Civil Aviation Orders”.

4.4   After subregulation 31 (5), insert:

 “(5A) A requirement for the purposes of paragraph (4) (c) must be in a document published by the Authority that does either or both of the following:

• (a)

  sets out particulars of the practical experience required;

• (b)

  identifies that experience by reference to another document, published or issued by the Authority or anyone else, as in force at a particular time or from time to time.”.

4.5   Add at the end:

 “(7) If:

• (a)

  a person is not a qualified person solely because he or she does not meet the requirements of paragraph (4) (c); and

• (b)

  the person satisfies the Authority that he or she has had practical experience of the duties of a holder of the licence sought that is equivalent to the experience required under paragraph (4) (c); and

• (c)

  the Authority is satisfied that the person has complied with the minimum conditions required under the Convention;

the Authority may, for the purposes of this regulation, treat the person as if he or she were a qualified person.”.

5.   Regulation 42G (Flight control system: additional requirements)

5.1   Subregulation 42G (5):

After paragraph 42G (5) (b), insert:

• “(ba)

  the person is the holder of a student pilot licence who has passed a general flying progress flight test for aircraft of the category to which that aircraft belongs; or”.

5.2   Add at the end:

 “(8) For the purposes of this regulation, the categories of aircraft are as follows:

• (a)

  aeroplanes;

• (b)

  helicopters;

• (c)

  gyroplanes;

• (d)

  airships.”.

6.   Regulation 42ZC (Maintenance on Australian aircraft in Australian territory)

6.1   Subregulation 42ZC (4):

After paragraph 42ZC (4) (d), insert:

• “(da)

  the person is the holder of a student pilot licence who has passed a general flying progress flight test for aircraft of the category to which that aircraft belongs and the maintenance is specified in Schedule 8; or”.

6.2   Add at the end:

 “(11) For the purposes of this regulation, the categories of aircraft are as follows:

• (a)

  aeroplanes;

• (b)

  helicopters;

• (c)

  gyroplanes;

• (d)

  airships.”.

7.   Regulation 5.52 (What must be recorded in a personal log book?)

7.1   Paragraph 5.52 (1) (a):

Omit “aeronautical”, substitute “aviation”.

7.2   Subregulation 5.52 (6) (definition of “aeronautical reference number”):

Omit “aeronautical”, substitute “aviation”.

8.   Regulation 82 (Equipment of Australian aircraft with radiocommunication systems)

8.1   Subregulation 82 (1):

Add at the end “of ensuring the safety of air navigation”.

9.   Regulation 82A (Use of radiocommunication systems: words and phrases to be used)

9.1   Subregulation 82A (1):

Omit the subregulation, substitute:

 “(1) The Authority may give directions in relation to the words and phrases to be used in communicating with, or in relation to, aircraft, using radiocommunication systems approved under subregulation 82 (1).”.

10. Regulation 83   (Use and operation of radiocommunication systems by Australian aircraft)

10.1   Subregulation 83 (1):

Omit all words up to and including “Commonwealth):”, substitute: “Subject to subregulation (1A), the pilot in command of an Australian aircraft in which a radiocommunication system approved under subregulation 82 (1) is installed, other than an aircraft that is in a foreign country:”.

10.2   Subparagraph 83 (1) (d) (iii):

Omit “Radiocommunications Act 1983”, substitute “Radiocommunications Act 1992”.

10.3   After subregulation 83 (1), insert:

 “(1A) Subregulation (1) does not apply to the operation of a radiocommunication system under subregulation 5.66 (1).”.

10.4   Subregulation 83 (2):

Omit “in connection with aircraft”, substitute “for the purpose of ensuring the safety of air navigation,”.

10.5   Subregulation 83 (3):

Omit all words up to and including “operate” (first occurring), substitute: “Subject to subregulation 5.66 (1), a person must not operate, for the purpose of ensuring the safety of air navigation,”.

10.6   Paragraph 83 (3) (a):

Omit “used in connection with an aircraft but”.

10.7 Paragraph

  83 (3) (e):

Omit “Radiocommunications Act 1983”, substitute “Radiocommunications Act 1992”.

10.8   Subregulation 83 (4):

Omit the subregulation and the penalty, substitute:

 “(4) The pilot in command of an Australian aircraft:

• (a)

  in which a radiocommunication system approved under subregulation 82 (1) is installed or carried; and

• (b)

  that is in a foreign country;

must not use, or permit the use of, the radiocommunication system except in accordance with the law of that country.

Penalty: 10 penalty units.”.

11.   Regulation 83E (Aircraft radiotelephone operator certificate of proficiency: qualifications)

11.1   Paragraph 83E (1) (b):

Omit “in connection with aircraft”, substitute “for the purpose of ensuring the safety of air navigation”.

12.   Regulation 84 (Use and operation of radiocommunication systems by foreign aircraft)

12.1   Add at the end:

 “(2) Subregulation (1) applies only to a radiocommunication system installed or carried for the purpose of ensuring the safe navigation of the aircraft.”.

13.   Regulation 98 (Functions of Air Traffic Control)

13.1   Subregulation 98 (1A):

Omit “, in accordance with Schedule 3,”.

14.   Regulation 99AA (Air Traffic – Services, directions and instructions)

14.1   After subregulation 99AA (6), insert:

 “(6A) A direction or an instruction under subregulation (5) or (5A) that is not given by means of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

[NOTE: Under subsection 98 (5) of the Act, Civil Aviation Orders are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.]”.

15.   Regulation 174A (Equipment of aircraft for V.F.R. flight)

15.1   After subregulation 174A (1B), insert:

 “(1C) An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

[NOTE: Under subsection 98 (5) of the Act, Civil Aviation Orders are disallowable instruments for the purposes of the Acts Interpretation Act 1901.]”.

16.   Regulation 174D (Navigation of aircraft on V.F.R. flight)

16.1   After subregulation 174D (3), insert:

 “(3A) An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

[NOTE: Under subsection 98 (5) of the Act, Civil Aviation Orders are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.]”.

17.   Regulation 177 (Equipment of aircraft for I.F.R. flight)

17.1   After subregulation 177 (1B), insert:

 “(1C) An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

[NOTE: Under subsection 98 (5) of the Act, Civil Aviation Orders are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.]”.

18.   Regulation 179A (Navigation of aircraft on I.F.R. flight)

18.1   After subregulation 179A (3), insert:

 “(3A) An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

[NOTE: Under subsection 98 (5) of the Act, Civil Aviation Orders are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.]”.

19.   Regulation 239 (Planning of flight by pilot in command)

19.1   Omit “Penalty: $2,500.”, substitute “Penalty: 25 penalty units.”.

20.   Regulation 256A (Carriage of animals)

20.1   Subregulation 256A (1):

Add at the end:

“Penalty: 25 penalty units.”.

21.   New regulation 309A

21.1 After regulation 309, insert:

Instructions about activities on board aircraft

 “309A. (1) Subject to subregulation (2), the operator, or pilot in command, of an Australian aircraft may give an instruction, either orally or in writing, prohibiting or limiting the doing of an act on board the aircraft during flight time in the aircraft.

 “(2) The operator, or pilot in command, must not give an instruction unless he or she is satisfied on reasonable grounds that the instruction is necessary in the interests of the safety of air navigation.

 “(3) An instruction does not bind a person unless it is communicated to the person.

 “(4) A person who is bound by an instruction must not, without reasonable excuse, contravene it.

Penalty for contravention of this subregulation: 25 penalty units.”.

22.   Schedule 1 (Medical Standards)

22.1   Part 4 of Schedule 1:

Add at the end:

“ ; (g) omit paragraph 39”.

23.   Schedule 8

23.1   Heading:

Omit the heading, substitute:

“SCHEDULE 8

Subregulation 42ZC (4)

MAINTENANCE THAT MAY BE CARRIED OUT ON A CLASS B AIRCRAFT BY A PILOT ENTITLED TO DO SO UNDER SUBREGULATION 42ZC (4)”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 November 1994.

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, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 and 368; 1994 No. 93, 173, 187, 188 and 260.