Civil Aviation Regulations (Amendment) (Cth)

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Statutory Rules 1993

No. 221 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 10 August 1993.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister for Transport and Communications

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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):

Insert the following definitions:

“‘power-assisted sailplane’ means an aircraft that the Gliding Federation of Australia has registered as a power-assisted sailplane;

‘time-in-service’ means:

  • (a)

    in relation to an aircraft—the period starting when the aircraft takes off on a flight and ending when the aircraft lands at the end of the flight; and

  • (b)

    in relation to an aircraft component—the period:

    • (i)

      during which the component is fitted to or provided in an aircraft; and

    • (ii)

      starting when the aircraft takes off on a flight and ending when the aircraft lands at the end of the flight;”.

3.   Regulation 16 (Nationality and registration marks)

3.1   After subregulation 16 (6), insert:

 “(6a) Subregulation (6) does not apply to an Australian aircraft during any period when a direction under paragraph 134 (3) (d) is in force in relation to the aircraft.”.

4.   Regulation 24 (Certificates of airworthiness of Australian aircraft)

4.1   Paragraph 24 (2) (a):

Add at the end “and”.

4.2   Paragraph 24 (2) (b):

Omit “satisfies”, substitute “subject to subregulation (2a), satisfies”.

4.3   Subparagraph 24 (2) (b) (i):

Add at the end “or”.

4.4   Subparagraph 24 (2) (b) (iii):

Omit the subparagraph, substitute:

  • “(iii)

    the appropriate authority of the country from which the aircraft was exported to Australia has issued a certificate of airworthiness in relation to the aircraft and the certificate:

     (a) is still current; or

     (b) expired not more than 90 days before the date of the application; or

  • (iv)

    the appropriate authority of the country from which the aircraft was exported to Australia has issued an export certificate of airworthiness in relation to the aircraft and, at the date of the application:

     (a) a period of 90 days has not expired since the issue of the certificate; and

     (b) the aircraft has not had more than 50 hours time-in-service since the certificate was issued; and”.

4.5   Paragraphs 24 (2) (c) and (d):

Add at the end of each paragraph “and”.

4.6   New subregulation 24 (2a):

After subregulation 24 (2), insert:

“(2A)

If an applicant satisfies the Authority that he or she cannot meet the requirements of paragraph (2) (b) because:

  • (a)

    subparagraphs (2) (b) (i) and (ii) do not apply to the aircraft; and

  • (b)

    a certificate referred to in subparagraph (2) (b) (iii) or (iv) is not available to, or cannot be obtained by, the applicant;

and the applicant satisfies the Authority that the aircraft:

  • (c)

    conforms to the type certificate for the type of aircraft; and

  • (d)

    is airworthy;

the applicant is not required to comply with paragraph (2) (b).”.

4.7   Add at the end:

“(5)

In this regulation:

‘appropriate authority’ means the civil authority of a foreign country that has functions in relation to the certification of the suitability of aircraft for aeronautical purposes;

‘export certificate of airworthiness’ means an export certificate of airworthiness or equivalent document issued by an appropriate authority;

‘type certificate’, in relation to an aircraft, means a certificate or equivalent document issued by an appropriate authority which sets out the airworthiness requirements with which the aircraft complies.”.

5.   Regulation 30 (Certificates of approval)

5.1   Subregulation 30 (2):

After “application”, insert “must be in writing and”.

5.2   Subregulation 30 (2d):

After “quality control” (first occurring), insert “must be in writing and”.

6.   Regulation 43B (Time-in-service to be recorded on maintenance release)

6.1   Omit “flight time”, substitute “time-in-service”.

7.   Regulation 5.54 (Evidence of identity)

7.1   After subregulation 5.54 (1), insert:

“(1A)

In spite of anything else in these Regulations, if a person is required to produce evidence of his or her identity under subregulation (1), then until the person produces the evidence:

  • (a)

    the Authority may refuse to issue the licence, certificate, rating or endorsement; or

  • (b)

    the Authority may refuse to allow the person to attempt the examination.”.

7.2   After subregulation 5.54 (2), insert:

“(2A)

If a person is required to produce evidence of his or her identity under subregulation (2), the examiner may refuse to allow the person to attempt the examination until he or she produces the evidence.”.

7.3   After subregulation 5.54 (3), insert:

“(3A)

In spite of anything else in these Regulations, if a person who is about to perform a duty essential to the operation of an Australian aircraft is required to produce evidence of his or her identity under subregulation (3), the Authority may direct the person not to perform the duty until he or she produces the evidence.

“(3B)

A person must not contravene a direction under subregulation (3A).

Penalty:  25 penalty units.”.

7.4   Subregulation 5.54 (5):

Omit the subregulation, substitute:

“(5)

If a person who has performed a duty essential to the operation of an Australian aircraft is required to produce evidence of his or her identity under subregulation (3), the person must not refuse to produce the evidence.

Penalty: 25 penalty units.”.

8.   Regulation 5.179 (Air transport (helicopter) pilot: recent experience requirements)

8.1   Subparagraph 5.179 (1) (a) (i):

Omit “3 take-offs, 3 circuits and 3 landings”, substitute “3 circuits”.

8.2   Subparagraph 5.179 (1) (b) (i):

Omit “3 take-offs, 3 circuits and 3 landings”, substitute “3 circuits”.

9.   New regulation 6.06A

9.1   After regulation 6.06, insert:

Evidence of identity

 “6.06A. (1)  If a person submits to a relevant examination, the examiner may ask the person to produce evidence of his or her identity before starting the examination.

“(2)

The examiner may refuse to carry out the examination until the person produces the evidence.”.

10.   New regulation 6.16A

10.1   After regulation 6.16, insert:

Holder of medical certificate: impaired efficiency due to illness

 “6.16A. (1)  The holder of a medical certificate must not do an act authorised by the flight crew licence, special pilot licence, flight service licence or air traffic control licence to which the certificate relates while his or her ability to do the act efficiently is, or is likely to be, impaired to any extent by an illness or injury, no matter how minor.

Penalty:  50 penalty units.

“(2)

If an impairment to which subregulation (1) applies lasts for:

  • (a)

    in the case of a person who holds a flight radiotelephone operator licence, a student pilot licence or a private pilot licence—at least 30 days; and

  • (b)

    in any other case—at least 7 days;

the holder must not do the act until a designated aviation medical examiner certifies that the impairment no longer exists.

Penalty:  50 penalty units.”.

11.   Regulation 89S (Wind direction indicators)

11.1   Subregulations 89S (1), (2) and (3):

Omit the subregulations, substitute:

“(1)

Subject to subregulation (3), the operator of a licensed aerodrome must install and maintain at least one wind direction indicator at the aerodrome.

Penalty:  10 penalty units.

“(2)

The Authority may, in relation to licensed aerodromes, issue directions in Civil Aviation Orders about wind direction indicators, including:

  • (a)

    the standards to be met by wind direction indicators; and

  • (b)

    the location, installation and maintenance of wind direction indicators; and

  • (c)

    the circumstances in which more than one wind direction indicator must be installed at an aerodrome.

“(3)

The operator of a licensed aerodrome must comply with all applicable directions under subregulation (2).

Penalty:  10 penalty units.”

11.2   Subregulation 89S (5):

Omit the subregulation.

12.   Regulation 174 (Determination of visibility for V.F.R. flights)

12.1   Subregulation 174 (3):

Omit “regulations 99A and 257”, substitute “regulation 257”.

13.   Regulation 176A (Determination of visibility and cloud base for I.F.R. flights)

13.1   Subregulation 176A (1):

Omit “regulations 99A and 257”, substitute “regulation 257”.

14.   Regulation 235 (Take-off and landing of aircraft etc.)

14.1   After subregulation 235 (7), insert:

 “(7a) A person must not contravene a direction under subregulation (7).

Penalty:  50 penalty units.”.

15.   Regulation 296A (Interpretation)

15.1   Definition of “prescribed penalty”:

Omit the definition, substitute:

“‘prescribed penalty’, in relation to a prescribed offence specified in column 2 of an item in Schedule 2, means the penalty specified in column 3 of the item.”.

16.   Regulation 297A (Review of decisions)

16.1   Subregulation 297A (1):

The definition of “reviewable decision” is amended as follows:

First:

Paragraph (n):

Omit “endorsement; or”, substitute “endorsement.”.

Then:

Paragraph (p):

Add at the end “; or”.

Then:

Rearrange the paragraphs in the following order:

(k), (a), (b), (c), (f), (g), (h), (j), (ca), (cb), (cc), (cd), (ce), (cf), (cg), (ch), (ci), (cj), (p), (d), (e), (m), (n).

Then:

Reletter each paragraph in alphabetical order starting with the letter “a”.

17.   Regulation 299 (Change of address)

17.1   After “regulation 298,”, insert “or this regulation,”.

18.   Minor and technical amendments

18.1   The provisions specified in the Schedule are amended as set out in the Schedule.

19.   Transitional

19.1   A direction issued by the Authority under regulation 89S of the Civil Aviation Regulations and in force immediately before the commencement of these Regulations continues in force as if it were issued under that regulation as amended by these Regulations.

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SCHEDULE Subregulation 18.1 

MINOR AND TECHNICAL AMENDMENTS

Subregulation 2 (1) (definition of “aeroplane”):

Add at the end “, but does not include a power-assisted sailplane”.

Subregulation 2 (1) (definition of “recognised aeroplane”):

Omit “a powered”, substitute “an”.

Subregulation 2 (1) (paragraph (a) of the definition of “recognised flight time”):

Omit “, powered”.

Subregulation 2 (1) (paragraph (d) of the definition of “recognised flight time”):

Omit “power assisted glider”, substitute “power-assisted sailplane”.

Subregulation 5.76 (2):

Omit “powered”.

Subregulation 5.76 (3):

Omit “power assisted glider”, substitute “power-assisted sailplane”.

Subregulation 5.84 (2):

Omit “, powered”.

Subregulation 5.84 (2):

Omit “power assisted glider”, substitute “power-assisted sailplane”.

SCHEDULE—continued

Subregulation 5.101 (3):

Omit “, powered”.

Subregulation 5.111 (2):

Omit “powered”.

Paragraph 5.113 (1) (a):

Omit “powered”.

Paragraph 5.113 (1) (b):

Omit “powered”.

Paragraph 5.113 (1) (c):

Omit “powered”.

Subregulation 5.113 (4) (paragraph (a) of the definition of “additional flight time”):

Omit “powered”.

Paragraph 5.114 (1) (a):

Omit “powered”.

Paragraph 5.114 (1) (b):

Omit “powered”.

Paragraph 5.114 (1) (c):

Omit “powered”.

Subregulation 5.114 (4) (paragraph (a) of the definition of “additional flight time”):

Omit “powered”.

Paragraph 5.115 (1) (b):

Omit “powered”.

Paragraph 5.115 (1) (c):

Omit “powered”.

Paragraph 5.115 (1) (d):

Omit “powered”.

SCHEDULE— continued

Subegulation 5.115 (4) (paragraph (a) of the definition of “additional flight time”):

Omit “powered”.

Subparagraph 5.136 (1) (c) (i):

Omit “powered”.

Subregulation 5.160 (5) (paragraph (a) of the definition of “additional flight time”):

Omit “powered”.

Subregulation 5.172 (1):

Omit “powered”.

Paragraph 5.172 (4) (a):

Omit “powered”.

Subregulation 6.06 (2):

After “if”, insert “it”.

Regulation 89W:

Omit “The”, substitute “In Civil Aviation Orders, the”.

Heading to Part IXb (PART IXb—AIR TRAFFIC SERVICES):

Omit the heading, substitute:

“PART IXb—AIR TRAFFIC SERVICES AND OTHER SERVICES

Division 1—Air Traffic Services”.

Heading to Part IXb, Division 5 (Division 5—Meteorological Services):

Omit “5”, substitute “2”

Heading to Part IXb, Division 6 (Division 6—Search and Rescue Service):

Omit “6”, substitute “3”

SCHEDULE— continued

Heading to Part IXb, Division 7 (Division 7—Rescue and Fire Fighting Service):

Omit “7”, substitute “4”

Paragraph 126(b):

Omit the paragraph, substitute:

  • “(b)

    is the subject of an aerodrome licence under these Regulations.”.

Heading to Part IXb, Division 8 (Division 8—Statistical Returns):

Omit “8”, substitute “5”

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 August 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; 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487; 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418.

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