Civil Aviation Regulations (Amendment) (Cth)

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Statutory Rules 1992

No. 380 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 23 November 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

PETER COOK

Minister of State for Shipping and Aviation Support

____________

1.   Commencement

1.1   Regulations 3 to 14 (inclusive), 17 and 18 commence on 2 December 1992.

[Note: The remainder of these regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2.   Amendment

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

3.   Regulation 2 (Interpretation)

3.1   Subregulation 2 (1) (paragraph (a) of the definition of “recognised flight time”):

After subparagraph (a) (iii), insert:

  • “or (iv)

    a pilot qualification issued by the Defence Force of Australia, or of a Contracting State, that authorises the holder to fly aeroplanes;”.

3.2   Subregulation 2 (1) (paragraph (b) of the definition of “recognised flight time”):

After subparagraph (b) (iii), insert:

  • “or (iv)

    a pilot qualification issued by the Defence Force of Australia, or of a Contracting State, that authorises the holder to fly helicopters;”.

3.3   Subregulation 2 (1) (paragraph (c) of the definition of “recognised flight time”):

After subparagraph (c) (iii), insert:

  • “or (iv)

    a pilot qualification issued by the Defence Force of Australia, or of a Contracting State, that authorises the holder to fly gyroplanes;”.

4.   Regulation 5.01 (Interpretation)

4.1   Subregulation 5.01 (1):

Insert the following definition:

“ ‘single place aircraft’ means:

  • (a)

    a single place aeroplane; or

  • (b)

    a single place airship; or

  • (c)

    a single place gyroplane; or

  • (d)

    a single place helicopter;”.

5.   Regulation 5.23 (Aircraft endorsement: issue and refusal)

5.1   Add at the end:

“(5)

The Authority may permit the holder of a pilot licence, a special pilot licence or a certificate of validation to fly a single place aircraft:

  • (a)

    as pilot in command; and

  • (b)

    without holding an aircraft endorsement for the aircraft;

if the flight is for the purpose of satisfying the requirements for the issue of an aircraft endorsement for the aircraft.”.

6.   Regulation 5.79 (What kind of aeroplane may a private (aeroplane) pilot fly?)

6.1   Paragraph 5.79 (2) (a):

Omit “qualifying for”, substitute “satisfying the requirements for the issue of”.

6.2   Subregulation 5.79 (2):

Add at the end:

  • “; or (c)

    as pilot in command—for the purpose of satisfying the requirements for the issue of an aircraft endorsement for the aeroplane if:

    • (i)

      the aeroplane is a single place aeroplane; and

    • (ii)

      the Authority has given the holder permission under subregulation 5.23 (5) to fly the aeroplane.”.

7.   Regulation 5.89 (What kind of helicopter may a private (helicopter) pilot fly?)

7.1   Paragraph 5.89 (2) (a):

Omit “qualifying for”, substitute “satisfying the requirements for the issue of”.

7.2   Subregulation 5.89 (2):

Add at the end:

  • “; or (c)

    as pilot in command—for the purpose of satisfying the requirements for the issue of an aircraft endorsement for the helicopter if:

    • (i)

      the helicopter is a single place helicopter; and

    • (ii)

      the Authority has given the holder permission under subregulation 5.23 (5) to fly the helicopter.”.

8.   Regulation 5.97 (What kind of gyroplane may a private (gyroplane) pilot fly?)

8.1   Paragraph 5.97 (2) (a):

Omit “qualifying for”, substitute “satisfying the requirements for the issue of”.

8.2   Subregulation 5.97 (2):

Add at the end:

  • “; or (c)

    as pilot in command—for the purpose of satisfying the requirements for the issue of an aircraft endorsement for the gyroplane if:

    • (i)

      the gyroplane is a single place gyroplane; and

    • (ii)

      the Authority has given the holder permission under subregulation 5.23 (5) to fly the gyroplane.”.

9.   Regulation 5.106 (What kind of aeroplane may a commercial (aeroplane) pilot fly?)

9.1   Paragraph 5.106 (2) (a):

Omit “qualifying for”, substitute “satisfying the requirements for the issue of”.

9.2   Subregulation 5.106 (2):

Add at the end:

  • “; or (c)

    as pilot in command—for the purpose of satisfying the requirements for the issue of an aircraft endorsement for the aeroplane if:

    • (i)

      the aeroplane is a single place aeroplane; and

    • (ii)

      the Authority has given the holder permission under subregulation 5.23 (5) to fly the aeroplane.”.

10.   Regulation 5.122 (What kind of helicopter may a commercial (helicopter) pilot fly?)

10.1   Paragraph 5.122 (2) (a):

Omit “qualifying for”, substitute “satisfying the requirements for the issue of”.

10.2   Subregulation 5.122 (2):

Add at the end:

  • “; or (c)

    as pilot in command—for the purpose of satisfying the requirements for the issue of an aircraft endorsement for the helicopter if:

    • (i)

      the helicopter is a single place helicopter; and

    • (ii)

      the Authority has given the holder permission under subregulation 5.23 (5) to fly the helicopter.”.

11.   Regulation 5.131 (What kind of gyroplane may a commercial (gyroplane) pilot fly?)

11.1   Paragraph 5.131 (2) (a):

Omit “qualifying for”, substitute “satisfying the requirements for the issue of”.

11.2   Subregulation 5.131 (2):

Add at the end:

  • “; or (c)

    as pilot in command—for the purpose of satisfying the requirements for the issue of an aircraft endorsement for the gyroplane if:

    • (i)

      the gyroplane is a single place gyroplane; and

    • (ii)

      the Authority has given the holder permission under subregulation 5.23 (5) to fly the gyroplane.”.

12.   Regulation 5.152 (What kind of airship may a commercial (airship) pilot fly?)

12.1   Paragraph 5.152 (2) (a):

Omit “qualifying for”, substitute “satisfying the requirements for the issue of”.

12.2   Subregulation 5.152 (2):

Add at the end:

  • “; or (c)

    as pilot in command—for the purpose of satisfying the requirements for the issue of an aircraft endorsement for the airship if:

    • (i)

      the airship is a single place airship; and

    • (ii)

      the Authority has given the holder permission under subregulation 5.23 (5) to fly the airship.”.

13.   Regulation 5.167 (What kind of aeroplane may an air transport (aeroplane) pilot fly?

13.1   Paragraph 5.167 (2) (a):

Omit “qualifying for”, substitute “satisfying the requirements for the issue of”.

13.2   Subregulation 5.167 (2):

Add at the end:

  • ; or (c)

    as pilot in command—for the purpose of satisfying the requirements for the issue of an aircraft endorsement for the aeroplane if:

    • (i)

      the aeroplane is a single place aeroplane; and

    • (ii)

      the Authority has given the holder permission under subregulation 5.23 (5) to fly the aeroplane.”.

14.   Regulation 5.176 (What kind of helicopter may an air transport (helicopter) pilot fly?)

14.1   Paragraph 5.176 (2) (a):

Omit “qualifying for”, substitute “satisfying the requirements for the issue of”.

14.2   Subregulation 5.176 (2):

Add at the end:

  • “; or (c)

    as pilot in command—for the purpose of satisfying the requirements for the issue of an aircraft endorsement for the helicopter if:

    • (i)

      the helicopter is a single place helicopter; and

    • (ii)

      the Authority has given the holder permission under subregulation 5.23 (5) to fly the helicopter.”.

15.   Regulation 150 (Dropping of articles)

15.1   Paragraph 150 (2) (a):

Omit the paragraph, substitute:

  • “(a)

    the dropping of packages or other articles or substances:

    • (i)

      in the course of agricultural operations; or

    • (ii)

      in the course of cloud seeding operations; or

    • (iii)

      in the course of firefighting operations; or

    • (iv)

      to initiate controlled burning; or

    • (v)

      in the course of search and rescue operations; or

    • (vi)

      to deliver emergency medical supplies; or

    • (vii)

      to deliver emergency food supplies; or

    • (viii)

      in the course of other operations;

 in accordance with directions issued by the Authority:

  • (ix)

    to ensure the safety of the aircraft as far as practicable; and

  • (x)

    to minimise hazard to persons, animals or property;”.

16.   Regulation 157 (Low flying)

16.1   Paragraphs 157 (4) (a), (b), (c) and (d):

At the end of each paragraph add “or”.

16.2   Subregulation 157 (4):

Add at the end:

  • “; or (h)

    the pilot of the aircraft is engaged in an operation which requires the dropping of packages or other articles or substances in accordance with directions issued by the Authority.”.

17.   Regulation 265 (Suspension of licence for purpose of examination)

17.1   Subregulation 265 (1):

Omit the subregulation, substitute:

  • “(1)

    If:

  • (a)

    the Authority requires the holder of a licence to undergo an examination under regulation 33, 107 or 117; or

  • (b)

    a senior flying operations inspector requires the holder of a licence to undergo an examination under regulation 5.38;

the Authority may suspend the licence by giving the holder of the licence written notice of the suspension.”.

17.2   Add at the end:

“(4)

In this regulation:

‘senior flying operations inspector’ means a person employed by the Authority as a senior flying operations inspector.”.

18.   Regulation 297a (Review of decisions)

18.1   Subregulation 297a (1) (paragraph (cf) of the definition of“reviewable decision”):

Omit “the” (second occurring).

18.2   Subregulation 297a (1) (paragraph (cj) of the definition of“reviewable decision”):

Omit “examiner”,

 substitute “examiner; or”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 November 1992.

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, 157, 247, 287, 382, 409, 410, 426 and 487; 1992 Nos. 36, 174, 254, 258, 279, 325 and 342.

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