Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1991 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 20 November 1991

  BILL HAYDEN

  Governor-General

 By His Excellency's Command,

BOB COLLINS

Minister of State for Shipping

and Aviation Support

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1.   Commencement

1.1   These Regulations commence on 12 December 1991.

2.   Amendment

2.1The Civil Aviation Regulations are amended as set out in these Regulations.

3.   Regulation 2 (Interpretation)

3.1   Subregulation 2 (1) (definition of “aerodrome flight information zone”):

Omit the definition.

3.2   Subregulation 2 (1) (definition of “flight information area”):

Omit the definition, substitute:

“‘flight information area’ means an airspace designated as a flight information area by the Authority under regulation 99;”.

3.3   Subregulation 2 (1) (definition of “V.M.C”):

Omit the definition, substitute:

“‘V.M.C.’ is the symbol used to denote meteorological conditions in which:

• (a)

  in the case of aircraft other than balloons—the flight visibility and distances from cloud during a flight are equal to, or greater than, the applicable distances determined by the Authority under subregulation172 (2); or

• (b)

  a balloon may conduct a flight in accordance with subregulation 172 (4) or (5);”.

3.4   Subregulation 2(1):

Insert the following definitions:

“‘air traffic control service’ means any service provided by Air Traffic Control when performing a function referred to in subregulation 98(1) and includes a traffic advisory service, traffic avoidance advice and traffic information;

‘flight information service’ means a service provided by Air Traffic Control or Flight Service for the purpose of giving advice and information for the safe and efficient conduct of flights;

‘traffic advisory service’ means a service provided by Air Traffic Control for the purpose of giving traffic information and advice, except traffic avoidance advice, to help a pilot avoid a collision;

‘traffic avoidance advice’ means advice provided by Air Traffic Control specifying manoeuvres to help a pilot avoid a collision;

‘traffic information’ means information issued by Air Traffic Control or Flight Service to alert the pilot of an aircraft to other aircraft that may be close to the position, or the intended route, of his or her aircraft, so as to help the pilot avoid a collision;”.

4.   Heading to Division 3 of Part IX

4.1   Omit the heading, substitute:

“Division 3—Air Traffic Services”.

5.   Regulation 98 (Functions of Air Traffic Control)

5.1   After subregulation 98 (1), insert:

“(1A)   The functions of Air Traffic Control include providing, in accordance with Schedule 3, a traffic advisory service, traffic avoidance advice, traffic information and a flight information service.”.

6.   Regulation 99 (Designation of airspace)

6.1   Omit the regulation, substitute:

 

Designation of aerodromes and airspace

“99. (1)   The Authority may designate:

• (a)

  an aerodrome as a controlled aerodrome; and

• (b)

  airspace within defined horizontal and vertical limits, extending upwards from a specified limit above the surface of the earth, as a control area; and

• (c)

  airspace within defined horizontal and vertical limits, extending upwards from the surface of the earth to a specified limit above the surface of the earth, as a control zone; and

• (d)

  airspace within defined horizontal and vertical limits as a flight information area or a flight information region; and

• (e)

  airspace within defined horizontal and vertical limits as belonging to one of the classes of airspace set out in column 1 of Schedule 3.

“(2)   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, if the designation is of a temporary nature, in NOTAMS.

Air Traffic—Services, directions and instructions

“99AA. (1)   Air Traffic Control is to provide:

(a)

an aerodrome control service at a controlled aerodrome; and

• (b)

  an air traffic control service in a control area or a control zone.

“(2)   Air Traffic Control or Flight Service is to provide a flight information service in a flight information area.

“(3)   Restrictions on the use by aircraft of the various classes of airspace set out in Schedule 3, and the services provided by Air Traffic Control or Flight Service for aircraft in each class, are set out in Column 2 of Schedule 3 opposite the class to which they apply.

“(4)   Air Traffic Control or Flight Service may provide any service that the Authority considers desirable in the interests of safety, in relation to an aerodrome or airspace designated under subregulation 99 (1).

“(5)   The Authority may:

• (a)

  give directions or instructions about the use of a class of airspace; and

• (b)

  give particulars of a service provided in a class of airspace and the manner in which the service is provided.

“(6)   A direction, instruction or particulars of a service must be given by means of Civil Aviation Orders or published in AIP or NOTAMS.

“(7)   A pilot in command of an aircraft must not engage in a flight, or part of a flight, in contravention of:

(a)

a direction or an instruction given under paragraph (5) (a); or

(b)

a restriction set out in column 2 of Schedule 3.

Penalty for a contravention of this subregulation:

 $5,000.”.

7.   Regulation 102 (Authority to act in Air Traffic Control)

7.1   Paragraph 102(1) (b):

Omit “a licence granted or rendered valid under this Division”, substitute “an air traffic controller licence or a licence rendered valid under regulation 108”.

7.2   Subregulation 102(2):

Omit “licences for the purposes of this Division”, substitute “air traffic controller licences”.

8.   Regulation 106 (Duration of air traffic control ratings)

8.1   Omit “a licence under this Division”, substitute “an air traffic controller licence”.

9.   Regulation 108 (Foreign air traffic controller licence)

9.1   Subregulation 108 (1):

Omit “granted under this Division”, substitute “granted under regulation 102”.

10.   Heading to Division 4 of Part IX

10.1   Omit the heading.

11.   Regulation 111 (Designation of airspace)

11.1   Omit the regulation.

12.   Regulation 112 (Authority to act in Flight Service)

12.1   Paragraph 112 (1) (b):

Omit “a licence granted or rendered valid under this Division”, substitute “a flight service officer licence or a licence rendered valid under regulation 118”.

12.2   Subregulation 112(2):

Omit “licences for the purposes of this Division”, substitute “flight service officer licences”.

13.   Regulation 113 (Classification of flight service ratings)

13.1   Omit from paragraph (b) “aerodrome flight information zones”, substitute “aerodromes”.

14.   Regulation 116 (Duration of flight service ratings)

14.1  Omit “a licence under this Division”, substitute “a flight service officer licence”.

15.   Regulation 118 (Foreign flight service licence)

15.1   Subregulation 118 (1):

Omit “granted under this Division”, substitute “granted under regulation 112”.

16. Regulation 163

(Operation in proximity to other aircraft)

16.1  Omit the regulation, substitute:

Operating near other aircraft

“163. (1)  An aircraft must not be flown so close to another aircraft as to create a collision hazard.

Penalty:

 $5,000.

“(2)  An aircraft must not be operated on the ground in such a manner as to create a hazard to itself or to another aircraft.

Penalty:

 $5,000.

Formation flying

“163AA. (1)  Aircraft must not be flown in formation unless:

• (a)

  each of the pilots in command is qualified to fly in formation; and

• (b)

  the formation is pre-arranged between the pilots in command; and

• (c)

  the formation flight is conducted either:

(i)

under the Visual Flight Rules by day; or

(ii)

under an approval given by the Authority.

Penalty: $5,000.

“(2)  Unless otherwise approved by the Authority, a pilot in command is qualified for the purposes of paragraph (1) (a) only if:

• (a)

  the pilot has been certified by the holder of a flight instructor rating as being competent to fly in formation, being a rating that is appropriate to the category of aircraft to be flown in the formation; and

• (b)

  the certification is entered in the pilot's log book.

“(3)  For the purposes of this regulation, 2 or more aircraft are flown in formation if:

• (a)

  they are flown in close proximity to each other; and

• (b)

  they operate as a single aircraft with regard to navigation, position reporting and control.

“(4)  In determining whether aircraft are in close proximity to each other, regard is to be had to the type of aircraft in the formation and the speed of those aircraft.

“(5)  In spite of subregulation (3), aircraft are to be taken to be in formation:

• (a)

  during any period when they are manoeuvring to achieve separation from each other in order to effect individual control; and

• (b)

  during join-up and breakaway.”.

17.   Regulation 172 (Flight visibility and distance from cloud)

17.1   Subregulations 172 (2)and (3):

Omit the subregulations, substitute:

“(2)  Subject to subregulations (4) and (5), the pilot in command must not conduct a V.F.R. flight unless:

• (a)

  the flight visibility during that flight is equal to or greater than the applicable distance determined by the Authority; and

• (b)

  the vertical and horizontal distances from cloud are equal to or greater than the applicable distances determined by the Authority.

Penalty:

 $5,000.

“(2a)  The Authority may determine applicable distances for the purposes of subregulation (2).

“(2b)  The Authority must notify the distances determined under subregulation (2a) in AIP or NOTAMS.

“(3)  When determining applicable distances, the Authority may do so by reference to a class of airspace set out in Schedule 3.”.

18.   Regulation 173 (Cruising level to be appropriate to magnetic track)

18.1   Omit subregulations (1) and (2), substitute:

“(1)  When a V.F.R. flight is conducted at a height of 5,000 feet or more above mean sea level, the pilot in command must ensure that the cruising level of the aircraft is appropriate to its magnetic track.

“(2)  When a V.F.R. flight is conducted at a height less than 5,000 feet above mean sea level, the pilot in command must ensure that the cruising level of the aircraft is, whenever practicable, appropriate to its magnetic track.

“(2A)  The Authority must notify in AIP or NOTAMS the cruising levels appropriate to an aircraft’s magnetic track.”.

19.  New Schedule

19.1  Add at the end of Schedule 2:

 

SCHEDULE 3

Regulation 99

CLASSES OF AIRSPACE

Column 1

Column 2

Classes of airspace

Restrictions on use of airspace and the services provided

Class A

I.F.R. flights are permitted.

 V.F.R. flights are not permitted unless the Authority otherwise approves. All flights are provided with an air traffic control service, including instructions for the separation of flights.

 

Class B

I.F.R. and V.F.R. flights are permitted.

 All flights are provided with an air traffic control service including instructions for the separation of flights.

 

Class C

I.F.R. and V.F.R. flights are permitted.

  

I.F.R. flights receive instructions to separate them from other flights.

 

SCHEDULE 3—continued

Column 1	Column 2
Classes of airspace	Restrictions on use of airspace and the services provided

V.F.R. flights receive instructions to separate them from I.F.R. flights, and receive relevant traffic information relating to V.F.R. flights.
If requested, V.F.R. flights receive traffic avoidance advice if it is practicable for Air Traffic Control to provide that advice
Class D	I.F.R. and V.F.R. flights are permitted.
I.F.R. flights receive instructions to separate them from other I.F.R. flights, relevant traffic information relating to V.F.R. flights, and traffic avoidance advice if requested.
V.F.R. flights receive relevant traffic information relating to other flights. If requested, traffic avoidance advice is provided if it is practicable for Air Traffic Control to provide that advice.
Class E	I.F.R. and V.F.R. flights are permitted.
I.F.R. flights receive instructions to separate them from other I.F.R. flights, and relevant traffic informationrelating to V.F.R. aircraft if it is practicable for Air Traffic Control to provide that information.
V.F.R. flights receive relevant traffic information relating to other flights if it is practicable for Air Traffic Control to provide that information.
Class F	I.F.R. and V.F.R. flights are permitted.
I.F.R. flights receive a traffic advisory service in respect of other I.F.R. flights, if it is practicable for Air Traffic Control to provide that service.

SCHEDULE 3—continued

Column 1	Column 2
Classes of airspace	Restrictions on use of airspace and the services provided

All flights receive a flight information service, if requested.
Class G	I.F.R. and V.F.R. flights are permitted.
All flights receive a flight information service, if requested.

[NOTE: The expressions “Air Traffic Control”, “air traffic control service”, “flight information service”, “traffic advisory service”, “traffic avoidance advice”, and “traffic information” are defined in regulation 2.]

20.   Transitional

20.1   If, immediately before the commencement of these Regulations, a designation of an aerodrome or airspace was in force under regulation 99 or 111 of the Civil Aviation Regulations, that designation remains in force as if it had been made under regulation 99 as in force after that commencement.

20.2   If, immediately before the commencement of these Regulations, a person held a flight service officer licence on which a valid aerodrome flight information and alerting rating was endorsed, the holder of the licence may, in accordance with that rating, continue to provide, or supervise the provision of, aerodrome flight information and alerting services for the aerodromes that were included in the aerodrome flight information zone or zones specified in the rating.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 November 1991.

 

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, 466; 1991 Nos. 54, 147, 157, 247and 287.