Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1990 No.4661

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Civil Aviation Regulations2 (Amendment)

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 Civil Aviation Act 1988.

Dated 17 December, 1990.

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 10 January 1991.

2. Amendments

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

3. Regulation 2 (Interpretation)

3.1 Subregulation 2 (1):

Omit the definition of “operational control”.

 

(S.R. 409/90)—Cat. No. 14/27.11.1990

 

3.2 Subregulation 2 (1):

Omit the definition of “operational control service”, substitute the following definition:

“ ‘operational information service’ means a service for the provision of advice and information to assist in the safe and efficient conduct of flights, including the provision of advice and information at the request of a pilot in command of an aircraft;”.

3.3 Subregulation 2 (1):

Insert the following definition:

“ ‘hazardous weather conditions’ means:

(a) a thunderstorm; or

(b) wind shear; or

(c) any other similar meteorological activity;

that may endanger the safety of aircraft or aircraft operations:”.

4. Regulation 98 (Functions of Air Traffic Control)

4.1 Subregulation 98 (1):

Omit the subregulation substitute:

“(1) The functions of Air Traffic Control are:

(a) to promote the safe and efficient conduct of flight operations by issuing air traffic control clearances and instructions and by giving information appropriate to the locality and circumstances in which the operations are conducted; and

(b) to promote the safe movement of aircraft on manoeuvring areas by giving instructions and information: and

(c) to expedite and maintain an orderly flow of air traffic: and

(d) to provide an operational information service; and

(e) to notify appropriate organisations regarding aircraft known to be, or believed to be, in need of search and rescue aid to coordinate search and rescue aid and otherwise to assist those organisations as required.”.

5. Regulation 99 (Designation of airspace)

5.1 Subregulation 99 (1):

Add “and” at the end of paragraphs (1) (a) and (1) (b).

5.2 Subregulation 99 (1):

Omit paragraphs (1) (d) and (e).

5.3 Subregulation 99 (3):

Omit the subregulation.

6. New regulation 99a

6.1 After regulation 99 insert:

 

Closure of airspace at a controlled aerodrome

“99a. (1) Subject to this regulation, Air Traffic Control may close airspace within a radius of 5 nautical miles of a control tower at a controlled aerodrome:

(a) to an aircraft operating under the Visual Flight Rules if the meteorological conditions within that airspace do not permit the conduct of flights under the Visual Flight Rules: and

(b) to an aircraft operating under the Visual Flight Rules or the Instrument Flight Rules if hazardous weather conditions exist within that airspace and those weather conditions are in or in the vicinity of the flight path along which the aircraft is to take-off, approach or land, being weather conditions:

(i) that have been reported to Air Traffic Control by the pilot of an aircraft in flight or by a meteorological observer: or

(ii) that are detected visually, or on radar or other equipment operated, by Air Traffic Control.

“(2) Air Traffic Control may permit an aircraft operating under the Visual Flight Rules to operate in airspace closed under paragraph (l) (a), subject to any directions that Air Traffic Control considers necessary in the interests of air navigation safety.

“(3) The Authority, in writing, may permit an aircraft to operate in airspace closed under paragraph (1)(b) if the Authority is satisfied that the aircraft can operate in hazardous weather conditions because:

(a) the equipment installed on the aircraft enables the aircraft to operate safely in spite of the existence of hazardous weather conditions; and

(b) the operating crew of the aircraft have been satisfactorily trained in the use of that equipment.

“(4) When granting a permit under subregulation (3), the Authority may impose any conditions it considers necessary in the interests of air navigation safety.

“(5) Where Air Traffic Control has notified a pilot in command of an aircraft that airspace has been closed under subregulation (1), the pilot in command must not engage in a flight in that airspace except:

(a) in accordance with subregulation (2); or

(b) in accordance with subregulation (3) and if any conditions have been imposed under subregulation (4), in accordance with those conditions: or

(c) if an emergency arises that, in the interests of safety, makes it necessary for the flight to be conducted in that airspace.

Penalty: $5,000.

 

“(6) When the weather conditions in airspace closed under this regulation change to permit the conduct of flights, Air Traffic Control must, as soon as practicable, re-open that airspace and take all reasonable measures to inform pilots in command that the airspace has been re-opened.”.

7. Regulation 100 (Compliance with air traffic control clearances and air traffic control instructions)

7.1 Omit subregulation (5).

8. Regulation 103 (Classification of ratings)

8.1 Omit from paragraph (d) “operational control rating”, substitute “operational information service rating”.

8.2 Omit from paragraph (d) “control” (second occurring), substitute “information”.

9. New regulation 163a

9.1 After regulation 163, insert in Division 1:

Responsibility of flight crew to see and avoid aircraft

“163a. (1) Each member of the flight crew of an aircraft engaged in flight must, whenever weather conditions permit and as far as it is practicable to do so maintain vigilance so as to see and avoid, other aircraft.

“(2) Subregulation (1) applies whether a flight is conducted under the Instrument Flight Rules or under the Visual Flight Rules.”.

10. Regulation 224 (Pilot in command)

10.1 Omit subregulation (2), substitute:

“(2) A pilot in command of an aircraft is responsible for:

(a) the start, continuation, diversion and end of a flight by the aircraft; and

(b) the operation and safety of the aircraft during flight time; and

(c) the safety of persons and cargo carried on the aircraft; and

(d) the conduct and safety of members of the crew on the aircraft.

“(2a) A pilot in command must discharge his or her responsibility under paragraph (2) (a) in accordance with:

(a) any information, instructions or directions, relating to the start, continuation, diversion or end of a flight, that are made available, or issued, under the Act or these Regulations; and

(b) if applicable, the operations manual provided by the operator of the aircraft.”.

11. Regulation 240 (Flight plans—approval by Air Traffic Control in certain cases)

11.1 Repeal the regulation.

 

12. Regulation 257 (Aerodrome meteorological minima)

12.1 Omit the regulation, substitute:

Aerodrome meteorological minima

“257. (1) The Authority may, in respect of an aircraft operation, determine the meteorological minima for the landing or taking-off of an aircraft at an aerodrome.

“(2) A determination under subregulation (1) must be published in AIP or NOTAMS.

“(3) If an element of the meteorological minima for the take-off of an aircraft at an aerodrome is less than that determined for the aircraft operation at the aerodrome, the aircraft must not take-off from that aerodrome.

“(4) If an element of the meteorological minima for the landing of an aircraft at an aerodrome is less than that determined for the aircraft operation at the aerodrome, the aircraft must not land at that aerodrome.

“(5) Subregulation (4) does not apply if an emergency arises that, in the interests of safety, makes it necessary for an aircraft to land at an aerodrome where the meteorological minima is less than that determined for that aircraft operation at that aerodrome.

“(6) This regulation does not prevent a pilot from:

(a) making an approach for the purpose of landing at an aerodrome: or

(b) continuing to fly towards an aerodrome of intended landing specified in the flight plan;

if the pilot believes, on reasonable grounds, that the meteorological minima determined for that aerodrome will be at or above, the meteorological minima determined for the aerodrome at the time of arrival at that aerodrome.

Penalty: $5,000.”.

Transitional

13. (1) An operational control rating issued under paragraph 103 (d) of the Civil Aviation Regulations and in force immediately before the commencement of these Regulations is taken to be an operational information service rating issued under that paragraph as amended by these Regulations.

(2) A delegation by the Authority of its powers under regulation 257 of the Civil Aviation Regulations and in force immediately before the commencement of these Regulations continues in force after that commencement as if it had been made by the Authority for the purposes of regulation 257 of the Civil Aviation Regulations as substituted by these Regulations.

 

(3) A determination by the Authority under regulation 257 of the Civil Aviation Regulations and in force immediately before the commencement of these Regulations continues in force after the commencement as if it had been made by the Authority under regulation 257 of the Civil Aviation Regulations as substituted by these Regulations.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 January 1991.

2. Statutory Rules 1988 No. 158 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 100 and see also Statutory Rules 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331 and 332.

 

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