Civil Aviation Regulations (Amendment) (Cth)
___________
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, make the following Regulations under the
Dated 20 October 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
PETER COOK
Minister of State for Shipping
and Aviation Support
___________
1.1 The Civil Aviation Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on
gazettal: see
2.1 Subregulation 2 (1):
Insert the following definition:
“
(a) if the aircraft is maintained in accordance with the CAA maintenance schedule—the inspection referred to in Part 1 of the schedule; and
(b) if the aircraft is not maintained in accordance with the CAA maintenance schedule—the inspection required to be carried out under:
(i) the manufacturer’s maintenance schedule; or
(ii) the aircraft’s approved system of maintenance;
before the start of flying operations on each day that the aircraft is to be flown;”.
3.1 After regulation 43a, insert:
“43b. On the completion of flying operations on each day that an aircraft is flown, the owner, operator or pilot in command must record on the maintenance release the total flight time of the aircraft on the day.
$2,500.”.
4.1 Omit the regulation, substitute:
“55a. (1) Subject to subregulation (2), a person must not perform any duties essential to the operation of an Australian aircraft during flight time unless the person holds a valid medical certificate granted under regulation 72c or 72d.
$5,000.
[NOTE: See subsection 20ab (1) of the
Subregulation (1) does not apply to a student pilot who performs an essential duty in the course of receiving instruction.”.
5.1 Omit the regulation.
6.1 Subregulation 138 (1):
After “Authority”, insert “or an authorised person”.
6.2 Subregulation 138 (1aa):
Omit the subregulation.
6.3 Subregulation 138 (2):
Omit “information”, substitute “information, requirements”.
6.4 Subregulation 138 (3):
Omit “owner”, substitute “holder of the certificate of registration”.
6.5 Subregulation 138 (3a):
Omit “owner”, substitute “holder of the certificate of registration”.
6.6 Subregulation 138 (4):
Omit “requirements”, substitute “requirements, instructions”
7.1 Add at the end:
A single engine aircraft must not be flown at night under the V.F.R. except in the following operations:
(a) private operations;
(b) aerial work operations;
(c) charter operations that do not involve the carrying of passengers for hire or reward.
Penalty: $2,500.”.
8.1 After regulation 175, insert:
“175a. A single engine aircraft must not be flown under the I.F.R. except in the following operations:
(a) private operations;
(b) aerial work operations;
(c) charter operations that do not involve carrying passengers for hire or reward.
Penalty: $2,500.”.
9.1 Subregulation 235 (2a):
After “direction”, insert “under subregulation (1) or (2)”.
9.2 Subregulation 235 (4):
Add at the foot of the subregulation:
$5,000.”.
9.3 Subregulation 235 (5):
Add at the foot of the subregulation:
$5,000.”.
9.4 Subregulation 235 (6):
Add at the foot of the subregulation:
$5,000.”.
9.5 Subregulation 235 (8):
Add at the foot of the subregulation:
$5,000.”.
9.6 Subregulation 235 (9):
Omit “The load”, substitute “The pilot in command must ensure that the load”
9.7 Subregulation 235 (9):
Add at the foot of the subregulation:
$5,000.”.
10.1 Paragraph 251 (1) (c):
Omit the paragraph, substitute:
“(c) unless the Authority otherwise directs—when the aircraft is flying at a height of less than 1,000 feet above the terrain; and”.
11.1 Subregulation 255 (1):
Omit “A person shall”, substitute “Subject to subregulation (1a), a person must”.
11.2 After subregulation 255 (1), insert:
“(1a) A person must not smoke in an aircraft toilet.
$5,000.”.
12.1 Paragraph 258 (a):
Omit the paragraph, substitute:
“(a) in accordance with directions issued by the Authority; or”.
13.1 After regulation 262t, insert:
“262ta. (1) Subject to subregulation (2), each instructor in a training course referred to in regulation 262t must be approved by the Authority.
If a training course referred to in subregulation (1) is conducted by correspondence, the course must be prepared and supervised by a person approved by the Authority.
A person must not:
(a) instruct in a training course; or
(b) prepare material for, or supervise, a correspondence training course;
conducted for the purposes of subregulation 262p (2) or (4) or 262r (2) unless the person has undertaken a course referred to in regulation 262t.
$1,000.”.
14.1 Subregulation 280 (1):
Omit “in respect of the aircraft under regulation 54”, substitute “required to be kept under these Regulations relating to the maintenance of the aircraft”.
14.2 Subregulations 280 (2) and (3):
Omit the subregulations.
15.1 New subregulation 308 (3a):
After subregulation 308 (3), insert:
“(3a) A person must not contravene a condition specified in an instrument of exemption.
$5,000.”.
16.1 Subject to subregulation 16.2, a person who was an authorised person for the purposes of subregulation 138 (1aa) of the Civil Aviation Regulations immediately before the commencement of these Regulations is taken to be appointed as an authorised person for the purposes of subregulation 138 (1) of the Civil Aviation Regulations as amended by these Regulations subject to the same conditions (if any) relating to the appointment as were applicable before the commencement.
16.2 An authorised person referred to in subregulation 16.1 may only prepare and issue alterations to a flight manual for an Australian aircraft.
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; 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487; 1992 Nos. 36, 174, 254, 258, 279 and 325.
0
0
0