Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 2471

Civil Aviation Regulations2 (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 2 August, 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 89 (Authorisation of places for use as aerodromes)

2.1 Omit the regulation.

3. Regulation 92 (Use of aerodromes etc)

3.1 Paragraph 92 (1) (a):

Add at the end “or”.

 

3.2 Paragraph 92 (1) (b):

Add at the end “or”.

3.3 Paragraphs 92 (1) (c) and (d)

Omit the paragraphs, substitute:

“(c) the place is an aerodrome for which an arrangement under section 20 of the Act is in force and the use of the aerodrome by aircraft engaged in civil air navigation is authorised by the Authority under that section; or

(d) the place (not being a place referred to in paragraph (a), (b) or (c)) is suitable for use as an aerodrome for the purposes of the landing and taking-off of aircraft;

and, having regard to all the circumstances of the proposed landing or take-off (including the prevailing weather conditions), the aircraft can land at, or take-off from, the place in safety.”.

3.4 Paragraph 92 (2) (a):

Omit “or authorised”.

4. Regulation 96 (Dumping of rubbish)

4.1 Paragraph 96 (1) (b):

Omit the paragraph, substitute:

“(b) a place the use of which as an aerodrome is authorised by a licence granted under regulation 88; or”.

5. Regulation 163a (Responsibility of flight crew to see and avoid aircraft)

5.1 Omit the regulation, substitute:

Responsibility of flight crew to see and avoid aircraft

“163a. When weather conditions permit, the flight crew of an aircraft must, regardless of whether an operation is conducted under the Instrument Flight Rules or the Visual Flight Rules, maintain vigilance so as to see, and avoid, other aircraft.”.

 

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

6.1 Subregulation 174(2):

Omit the subregulation.

6.2 Subregulation 174(3):

Omit the subregulation, substitute:

“(3) Subject to regulations 99A and 257, the pilot in command of an aircraft operating under the Visual Flight Rules is responsible for determining the visibility for the take-off and landing of the aircraft.”.

7. New regulation 176a

7.1 After regulation 176, insert:

Determination of visibility and cloud base for I.F.R. flights

“176a.(1) Subject to regulations 99a and 257, the pilot in command of an aircraft operating under the Instrument Flight Rules is responsible for determining the visibility and cloud base for the take-off and landing of the aircraft.

“(2) In determining visibility, the pilot in command of an aircraft must take into account the meteorological conditions, sunglare and any other condition that may limit his or her effective vision through the windscreen of the cockpit of the aircraft.

“(3) In determining the cloud base, the pilot in command of an aircraft must:

(a) for take-off—take into account the current available weather forecasts and reports; and

(b) for landing—determine the cloud base from the cockpit of the aircraft while in flight.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 August 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 and 466; 1991 Nos. 54, 147 and 157.