Civil Aviation Regulations (Amendment) (Cth)

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Statutory

Rules1991No. 287 1

__________________

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 September 1991.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

BOB COLLINS

Minister of State for Shipping and

Aviation Support

____________

1.   Amendment

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

2.   Regulation 2 (Interpretation)

2.1   Subparagraph 2(7)(d)(ii):

After “aircraft”, insert “or”.

3.   Regulation 7 (Delegation)

3.1   Omit “The Authority may, by writing under its common seal,”, substitute “The Chief Executive Officer may, in writing,”.

3.2   Omit “its” (last occurring), substitute “the Authority’s”.

4.   Regulation 22e (Automatic issue not to apply in certain cases)

4.1   Paragraph 22e(1)(b):

After “is taken to have been made”, insert “, and to be entitled to have been made,”.

5.   Regulation 72a (Periodic medical examinations)

5.1   Subregulation 72a (5):

Omit the subregulation, substitute:

“(5)

If a person is granted a medical certificate after having a medical examination, the person must have his or her next examination within the applicable period.

 “(5a) If a person:

  • (a)

    has been granted a medical certificate after having an examination; and

  • (b)

    has had his or her next examination after being granted the certificate;

the person must have each subsequent examination within the applicable period, which commences:

  • (c)

    if the most recent examination (being the examination referred to in paragraph (b) or a subsequent examination) was carried out more than 28 days before the end of the period in which it was required to be carried out—on the day after the examination; or

  • (d)

    if the most recent examination (being the examination referred to in paragraph (b) or a subsequent examination)  was carried out 28 days or less before the end of the period in which it was required to be carried out—immediately after the end of the period; or

  • (e)

    if the most recent examination (being the examination referred to in paragraph (b) or a subsequent examination)  was carried out after the end of the period in which it was required to be carried out—on the day after the examination.

 

[examples:

1. A person who holds a commercial pilot licence is granted a medical certificate after an examination carried out on 1 January 1990. The next examination is carried out on 1 November 1990. Under paragraph 72a (5a) (c), the next examination after that must be carried out within the 12 month period (or a shorter period determined under subregulation (3)) commencing on 2 November 1990.

 

2. A person who holds a commercial pilot licence is granted a medical certificate after an examination held on 1 January 1990.  The next examination is carried out on 20 December 1990. Under paragraph 72a (5a) (d), the next examination after that must be carried out within the 12 month period (or a shorter period determined under subregulation (3)) commencing on 1 January 1991.

 

3. A person who holds a commercial pilot licence is granted a medical certificate after an examination held on 1 January 1990.  The next examination is carried out on 1 March 1991. Under paragraph 72a (5a) (e), the next examination after that must be carried out within the 12 month period (or a shorter period determined under subregulation (3)) commencing on 2 March 1991.]

 “(5b) In subregulations (5) and (5a), ‘applicable period’ means:

  • (a)

    whichever of the periods specified in subregulation (1) applies to the person; or

  • (b)

    if the Authority requires a person to have examinations within a shorter period under subregulation (3)—the shorter period.”.

6.   Regulation 72e (Period of validity)

6.1   Subregulation 72e(3):

Omit “1 month”, substitute “2 months”.

7.   Regulation 172 (V.F.R. flights at less than 5,000 feet)

7.1  Subregulation 172(2):

Omit “subregulation (3)”, substitute “subregulations (3), (4) and (5)”.

7.2 Add at the end:

“(4)

In spite of subregulation (2), a balloon may conduct a V.F.R. flight outside controlled airspace if it is flown by day:

  • (a)

    at a height that is less than 500 feet above the ground or water; and

  • (b)

    with a flight visibility of at least 100 metres; and

  • (c)

    at least 10 miles from an aerodrome for which an instrument approach procedure has been approved.

“(5)

In spite of subregulation (2), a balloon may conduct a V.F.R. flight outside controlled airspace if it is flown:

  • (a)

    at a height that is 500 feet or more above the ground or water but less than 5,000 feet above mean sea level; and

  • (b)

    with a flight visibility of at least 5,000 metres; and

  • (c)

    at least 600 metres horizontally from cloud; and

  • (d)

    at least 500 feet vertically above any cloud over which the balloon is flying if the top of that cloud is more than 500 feet above the ground or water; and

  • (e)

    at least 500 feet vertically below any cloud under which the balloon is flying; and

  • (f)

    at least 10 miles from an aerodrome for which an instrument approach procedure has been approved.”.

8.   Regulation 195 (Compliance with rules as to lights)

8.1Subregulation 195(1):

Omit “by”, substitute “in relation to”.

9.   Regulation 196 (Aeroplanes in flight or on the manoeuvring area of land aerodromes)

9.1 Subregulation 196(1):

Omit “An aeroplane”, substitute “Unless the Authority otherwise directs, an aeroplane”.

9.2Subregulation 196(6):

Omit the subregulation, substitute:

“(6)

Unless the Authority otherwise directs, wing-tip clearance lights comprising steady lights of the appropriate colours must be displayed if the distance of the navigation lights from the wing-tip is more than 2 metres.”.

10.   Regulation 202 (Captive balloons and kites)

10.1Omit the regulation.

11.   Regulation 203 (Airships under way and under command)

11.1Omit the regulation, substitute:

Airships

“203.

The Authority may give directions in writing indicating the lights that must be displayed in relation to an airship.”.

12.   Regulation 204 (Airships not under command or which have stopped engines or being towed)

12.1Omit the regulation.

13.   Regulation 205 (Moored airships)

13.1Omit the regulation.

14.   Regulation 260 (Fixed balloons and kites)

14.1Subregulation 260(2):

Omit the subregulation, substitute:

“(2)

A fixed balloon or a kite must only be flown in V.M.C..”.

15.   Regulation 272a (Aircraft for the purposes of Division 2 of Part VI of the Act)

15.1Omit the regulation.

16.   Schedule 1

16.1Item 3 of Part 5:

Omit “lenses” (first occurring), substitute “spectacle lenses”.

17.   Transitional

17.1   A delegation by the Authority under regulation 7 of the Civil Aviation Regulations (other than a delegation to the Chief Executive Officer) that was in force immediately before the commencement of regulation 3 continues in force after that commencement as if it were a delegation made by the Chief Executive Officer under regulation 7 of these Regulations as amended by regulation 3.

17.2   If a person has been examined under subregulation 72a (1) or (3) of the Civil Aviation Regulations as in force immediately before the commencement of these regulations, the period within which the next examination must be carried out must be determined under:

  • (a)

    subregulation 72a (5) of the Civil Aviation Regulations as amended by these Regulations; or

  • (b)

    if subregulation 72a (5a) of the Civil Aviation Regulations applies to the person—that subregulation.

___________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 September 1991.

 

2. Statutory Rules 1989 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 Nos. 54, 147, 157 and 247.

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