Civil Aviation Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of the Commonwealth of
Australia, acting with the advice of the Federal Executive Council, hereby make
the following Regulations under the
Dated 21 March 1991.
BILL HAYDEN
Governor-General
By His Excellency's Command,
BOB COLLINS
Minister of State for Shipping
and Aviation Support
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1.1 The Civil Aviation Regulations are amended as set out in these Regulations.
2.1 Paragraph 233 (1) (d):
Omit the paragraph, substitute:
the fuel supplies are sufficient for the particular flight;”.
3.1 Omit the regulation, substitute:
The pilot in command of an aircraft must not commence a flight within Australian territory, or to or from Australian territory, unless he or she has taken reasonable steps to ensure that the aircraft carries sufficient fuel and oil to enable the proposed flight to be undertaken in safety.
Penalty: $5,000.
An operator of an aircraft must take reasonable steps to ensure that an aircraft does not commence a flight as part of the operator's operations unless the aircraft is carrying sufficient fuel and oil to enable the proposed flight to be undertaken in safety.
Penalty: $5,000.
For the purposes of these Regulations, in determining whether fuel and oil carried on an aircraft in respect of a particular flight was sufficient within the meaning of subregulations (1) and (2), a court must, in addition to any other matters, take into account the following matters:
(a) the distance to be travelled by the aircraft on the flight to reach the proposed destination;
(b) the meteorological conditions in which the aircraft is, or may be required, to fly;
(c) the possibility of:
(i) a forced diversion to an alternative aerodrome; and
(ii) a delay pending landing clearance; and
(iii) air traffic control re-routing the flight after commencement of the flight; and
(iv) a loss of pressurisation in the aircraft; and
(v) where the aircraft is a multi-engined aircraft - an engine failure;
(d) any guidelines issued from time to time by the Authority for the purposes of this regulation.”.
4.1 Omit the regulation, substitute:
The Authority may, in relation to a particular aircraft or specified type or category of aircraft, do either or both of the following by instrument in writing:
(a) exempt that aircraft or aircraft of the specified type or category, as the case may be, from compliance with specified provisions of these Regulations;
(b) exempt persons from compliance with specified provisions of these Regulations while they are in, on, or otherwise associated with the operation of, that aircraft, or aircraft or the specified type or category, as the case may be.
Before the Authority decides to exempt under subregulation (1) an aircraft or person from compliance with specified provisions of these Regulations, the Authority must take into account any relevant considerations relating to the interests of safety.
An exemption under subregulation (1) is subject to the aircraft or persons exempted complying with such conditions (if any) as the Authority specifies in the instrument as being necessary in the interests of safety (having regard to those interests and the exemption concerned).
An instrument under subregulation (1) is a
disallowable instrument for the purposes of section 46A of the
5.1 An exemption in force immediately before the commencement of these Regulations, that was made, or is taken to have been made, under the old regulation, has effect on and after the commencement of these Regulations as if it was made under the new regulation.
5.2 In this regulation:
1. Notified in the
2. Statutory Rules 1988 No. 158 as amended by Statutory Rules 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466.
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