Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 294 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 16 August 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.   New regulation 252A

2.1   After regulation 252, insert:

Emergency locator transmitters

 “252A. (1) On and after 1 July 1995, an Australian aircraft (except a high capacity regular public transport aircraft, a balloon, an airship or a glider) must not begin a flight unless:

• (a)

  it is fitted with an approved ELT that is in working order; and

• (b)

  the ELT is switched to the position marked ‘armed’.

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 within an area of 25 miles from the aerodrome reference point of the aerodrome from which the flight is to begin; or

• (b)

  the flight is to take place within a flying training area associated with the aerodrome where the flight is to begin and is otherwise to be along the most direct route between the area and the aerodrome; or

• (c)

  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 or overhauled.

“(3)

For the purposes of this regulation, an ELT is taken to be an approved ELT if, and only if:

• (a)

  it is authorised by the FAA in accordance with TSO C91a or TSO C126; or

• (b)

  the Authority is satisfied that it meets the requirements of TSO C91a or TSO C126.

“(4)

In this regulation:

‘ELT’ means an emergency locator transmitter that is:

• (a)

  automatically activated; and

• (b)

  transmits on the frequency 121.5 MHz;

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

‘high capacity regular public transport aircraft’ means a regular public transport aircraft whose certificate of type approval permits the aircraft:

• (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;

‘TSO’ means a Technical Standard Order issued by the FAA.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 August 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; 1991 No. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487; 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 and 188.