Civil Aviation Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 17 November 1993.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
bob collins
Minister for Transport and Communications
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1.1 The Civil Aviation Regulations are amended as set out in these Regulations.
These
Regulations commence on gazettal: see
2.1 Subregulation 2 (1):
Insert the following definitions:
“
(a) emits radio signals; and
(b) may, in response to its signal, receive data signals from a secondary surveillance radar transponder; and
(c) may direct the data signals to an air traffic control radar display;
(a) is carried on, or installed in, an aircraft; and
(b) is used to determine the position of the aircraft by simultaneously interpreting radio signals transmitted by a network of ground-based or satellite-based radio transmitters;
(a) in the case of a V.F.R. flight:
(i) visual observation; or
(ii) use of a radio navigation system or systems; or
(iii) use of an approved self-contained navigation system; or
(iv) use of an approved long-range radio navigation system; and
(b) in the case of an I.F.R. flight:
(i) use of a radio navigation system or systems; or
(ii) use of an approved self-contained navigation system; or
(iii) use of an approved long-range radio navigation system;
(a) is carried on, or installed in, an aircraft; and
(b) is capable of maintaining two-way voice communication through the aeronautical mobile radio service;
(a) is carried on, or installed in, an aircraft; and
(b) can respond to radio signals transmitted to the aircraft by ground radar and relay information about the aircraft’s operations including the following:
(i) the identity of the aircraft;
(ii) the position of the aircraft;
(iii) the altitude of the aircraft;
(a) is carried on, or installed in, an aircraft; and
(b) determines the position of the aircraft without reference to externally generated radio signals;”.
2.2 Subregulation 2 (1) (definition of
Omit the definition, substitute:
“
(a) an airspace designated as a control area under paragraph 99 (1) (b); or
(b) an airspace designated under paragraph 99 (1) (e) as belonging to Class A, C, D or E airspace;”.
3.1 Subregulation 87 (1):
Omit “Aeronautical Information Publications”, substitute “AIP or NOTAMS.”
4.1 Paragraph 99 (1) (b):
Omit “, extending upwards from the surface of the earth to a specified limit above the surface of the earth,”.
4.2 Paragraph 99 (1) (c):
Omit “, extending upwards from the surface of the earth to a specified limit above the surface of the earth,”.
4.3 Paragraph 99 (1) (e):
Omit the paragraph, substitute:
“(e) airspace within defined horizontal and vertical limits as belonging to Class A, B, C, D, E, F or G airspace.”.
insert:
“(1a) A designation may be expressed to have effect only:
(a) for a specified period; or
(b) until a specified event happens; or
(c) in specified circumstances.
“(1b) The Authority may, under paragraph (1) (e), designate airspace as belonging to one class of airspace in specified circumstances and the same airspace, or any part of it, as belonging to another class of airspace in other specified circumstances.”.
4.5 Subregulation 99 (2):
Omit the subregulation, substitute:
If the Authority designates an aerodrome or airspace under subregulation (1), it must publish a notice setting out the details of the designation (including any limits on its effect) in AIP or NOTAMS.
An aerodrome that has been designated under paragraph (1) (a) as a controlled aerodrome is not a controlled aerodrome whenever aerodrome control services are not available for the aerodrome.
Airspace that has been designated under paragraph (1) (c) as a control zone is not a control zone whenever air traffic control services are not available for the airspace.
Airspace that has been designated under paragraph (1) (e) as belonging to Class D airspace is airspace belonging to Class G airspace whenever air traffic control services are not available for the airspace.
The Authority must publish, in AIP or NOTAMS, notice of:
(a) the times at which aerodrome control services are scheduled to start and stop at each controlled aerodrome each day; and
(b) the times at which air traffic control services are scheduled to start and stop for each control area and control zone.
Subject to subregulation (8), if any services mentioned in subregulation (6) do not or will not start or stop at the scheduled time specified in a notice under that subregulation in relation to those services, the Authority must publish a notice of the actual or proposed starting or stopping time in AIP or NOTAMS.
The Authority need not publish a notice under subregulation (7) unless it thinks it is necessary in the interests of the safety of air navigation.”.
5.1 Subregulation 99aa (3):
Omit the subregulation, substitute:
A pilot in command of an aircraft must not engage in a V.F.R. flight in airspace designated as belonging to Class A airspace without the Authority’s approval.
50 penalty units.”.
5.2 Subregulation 99aa (5):
Omit the subregulation, substitute:
The Authority may:
(a) give directions or instructions about the use of a class of airspace, a controlled aerodrome, a control area or a control zone, by either or both of the following:
(i) aircraft engaged in I.F.R. flights;
(ii) aircraft engaged in V.F.R. flights; and
(b) give particulars of the services provided in a class of airspace, a controlled aerodrome, a control area or a control zone, including particulars of the manner in which the services are provided.
“(5a) If:
(a) an area of Australian territory has been declared under regulation 140 to be a restricted area or a danger area; and
(b) the airspace above that area is, or forms part of, airspace that has been designated under paragraph 99 (1) (e) as belonging to a class of airspace;
the Authority may give directions or instructions under this subregulation about the use of the airspace above that area that are different from the instructions or directions it gives under subregulation (5) about the use of that class of airspace, and Air Traffic Control or Flight Service may, under this subregulation:
(c) provide services in that airspace that are different from the services provided under subregulation (2) in that class of airspace; and
(d) provide services in that airspace in a manner that is different from the manner in which the services are provided in that class of airspace.”.
5.3 Subregulation 99aa (7):
Omit the subregulation, substitute:
A pilot in command of an aircraft must not engage in a flight, or part of a flight, in contravention of a direction or instruction under subregulation (5) or (5a).
50 penalty units.”.
6.1 After regulation 99aa, insert:
“99a. (1) The Authority may:
(a) designate an aerodrome as an aerodrome at which broadcast requirements apply; and
(b) designate airspace within defined horizontal and vertical limits as an area in which broadcast requirements apply.
If the Authority designates an aerodrome or airspace under subregulation (1), it must publish notice of the designation and details of any limits defined in the designation in AIP or NOTAMS.
The Authority may give directions specifying:
(a) the broadcast requirements that apply; and
(b) the radio frequency on which broadcasts must be made;
at a particular aerodrome, or in a particular area, designated under subregulation (1).
If the Authority gives a direction, it must publish a notice setting out the details of the direction in AIP or NOTAMS.
A pilot in command of an aircraft that is operating at an aerodrome or area designated under subregulation (1) must not, without reasonable excuse, contravene a direction that applies to that aerodrome or area.
50 penalty units.”.
7.1 Subregulation 172 (2):
Omit “The pilot”, substitute “Subject to subregulation (4), the pilot”.
7.2 Subregulation 172 (3):
Omit “set out in Schedule 3”.
7.3 Add at the end:
In spite of subregulation (2), the pilot in command of an aircraft may conduct a special V.F.R. flight if:
(a) the Air Traffic Control unit for the relevant control zone gives permission for the flight; and
(b) the flight is conducted in accordance with any conditions to which the permission is subject.
In this regulation:
(a) conducted in a control zone; or
(b) conducted in a control area next to a control zone for the purpose of entering or leaving the zone;
when the flight visibility or distances from cloud are less than the applicable distances determined under subregulation (2).”.
8.1 Subregulation 173 (1):
After “must”, insert “, subject to any contrary air traffic control instructions,”.
8.2 Subregulation 173 (2):
After “must”, insert “, subject to any contrary air traffic control instructions,”.
9.1 Subregulation 174a (1):
Omit the subregulation, substitute:
The Authority may issue instructions specifying:
(a) the radiocommunication systems; or
(b) the radio navigation systems; or
(c) the secondary surveillance radar transponder equipment;
that must be carried on, or installed in, an aircraft before it undertakes a V.F.R. flight.
“(1a) Subject to subregulation (3), an aircraft must not be flown under the V.F.R. unless it is equipped with:
(a) suitable flight instruments as directed by the Authority; and
(b) the equipment specified in instructions issued under subregulation (1) in relation to the aircraft.
Penalty: 25 penalty units.
“(1b) If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been:
(a) served on the person; or
(b) published in NOTAMS or AIP.”.
9.2 Subregulation 174a (2):
Omit “subregulation (1)”, substitute “subregulation (1a)”.
9.3 Subregulation 174a (3):
Omit “subregulation (1)”, substitute “subregulation (1a)”.
10.1 After regulation 174c, insert:
“174d. (1) The Authority may issue instructions in relation to V.F.R. flights specifying:
(a) the method by which an aircraft is to be navigated; or
(b) how a positive position fix for an aircraft is to be obtained; or
(c) how often a positive position fix is to be obtained.
Subject to subregulation (4), an aircraft must not be flown under the V.F.R. unless it is equipped:
(a) for navigation; and
(b) to obtain positive position fixes;
in accordance with instructions issued under subregulation (1).
25 penalty units.
If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been:
(a) served on the person; or
(b) published in NOTAMS or AIP.
The Authority may give permission, subject to the conditions specified in the permission, for an aircraft to be flown under the V.F.R if the aircraft is not equipped as required under subregulation (2).”.
11.1 Subregulations 175 (2) and (3):
Omit the subregulations, substitute:
Subject to subregulation (3), the pilot in command of an aircraft that is flying in weather conditions other than V.M.C. must comply with the I.F.R.
25 penalty units.
Subregulation (2) does not apply to a pilot in command of an aircraft that is flying for the purpose of landing at the nearest suitable aerodrome under subregulation 171 (2).”.
12.1 Subregulation 177 (1):
Omit the subregulation, substitute:
The Authority may issue instructions specifying:
(a) the radiocommunication systems; or
(b) the radio navigation systems; or
(c) the secondary surveillance radar transponder equipment; or
(d) the airborne weather radar system; or
(e) the self-contained or long-range radio navigation systems;
that must be carried on, or installed in, an aircraft before it undertakes an I.F.R. flight.
“(1a) Subject to subregulation (3), an aircraft must not be flown under the I.F.R. unless it is equipped with:
(a) suitable flight instruments as required by the Authority; and
(b) the equipment specified under subregulation (1) in relation to the aircraft.
Penalty: 25 penalty units.
“(1b) If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been:
served on the person; or
published in NOTAMS or AIP.”.
12.2 Subregulation 177 (2):
Omit “subregulation (1)”, substitute “subregulation (1a)”.
12.3 Subregulation 177 (3):
Omit “subregulation (1)”, substitute “subregulation (1a)”.
13.1 After regulation 179, insert:
“179a. (1) The Authority may issue instructions in relation to I.F.R. flights specifying:
(a) the method by which an aircraft is to be navigated; or
(b) how a positive position fix for an aircraft is to be obtained; or
how often a positive position fix is to be obtained.
Subject to subregulation (4), an aircraft must not be flown under the I.F.R. unless it is equipped:
(a) for navigation; and
(b) to obtain positive position fixes;
in accordance with instructions issued under subregulation (1).
25 penalty units.
If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been:
served on the person; or
published in NOTAMS or AIP.”.
The Authority may give permission, subject to the conditions specified in the permission, for an aircraft to be flown under the I.F.R if the aircraft is not equipped as required under subregulation (2).”.
14.1 Omit the regulation.
15.1 Omit the regulation.
16.1 Omit the regulation, substitute:
(1) Before starting:
(a) an I.F.R. flight; or
(b) a flight at night under the V.F.R.; or
(c) a flight longer than 50 miles from the departure aerodrome;
the pilot in command must plan the flight, having regard to:
(d) the information set out in subregulation (2); and
(e) any instructions under regulation 240 that bind the pilot.
25 penalty units.
The information referred to in subregulation (1) is:
(a) current weather reports or forecasts for the route to be followed and at the aerodromes to be used; and
(b) the airways facilities available on the route and the condition of the facilities; and
(c) the condition of the relevant aerodromes and their suitability for the aircraft to be used; and
(d) the air traffic control instructions and information relating to the flight; and
(e) any other information that is available and appropriate to the flight.
If, when a pilot in command is planning a flight, any information referred to in paragraph (2) (a), (b), (c) or (d) is not available, the pilot is taken not to have complied with subregulation (1) until:
(a) the information becomes available; and
(b) the pilot has regard to it in planning the flight.
Before starting a flight, other than a flight covered by subregulation (1), the pilot in command must plan the flight, having regard to all available information appropriate to the flight.
25 penalty units.
If:
(a) a pilot in command considers that an alternative course of action may have to be followed; or
(b) a pilot in command is required to plan for an alternative course of action in accordance with an instruction under regulation 240;
the pilot in command must arrange for the aircraft to carry the necessary extra fuel.
25 penalty units.
(1) The Authority may, in relation to the planning of flights referred to in subregulation 239 (1), issue instructions about:
(a) the weather reports or forecasts to which a pilot in command must have regard in planning a flight; and
(b) the circumstances in which a pilot in command must plan for an alternative course of action (including the use of alternate aerodromes); and
(c) the information that the pilot in command must take into account in planning an alternative course of action including:
(i) the range and timeliness of the available meteorological information about the aircraft’s destination; and
(ii) the type and number of radio navigation aids that must be available at the aircraft’s destination; and
(d) the conditions that an alternate aerodrome must meet before it can be used as an alternate aerodrome.
If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been:
(a) served on the person; or
(b) published in NOTAMS or AIP.
The Authority may give permission, subject to the conditions specified in the permission, for a pilot in command to plan a flight without having regard to an instruction under subregulation (1).”.
17.1 Repeal the Schedule.
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1. Notified in the
Commonwealth of Australia Gazette on 25 November 1993.2. 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; 1992 No. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221 and 268.
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