Civil Aviation Regulations (Amendment) (Cth)

        

Statutory Rules 1992 No. 254 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 21 July 1992.

 

  BILL HAYDEN

 Governor‑General

 By His Excellency’s Command,

  

PETER COOK

Minister of State for

Shipping and Aviation Support

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1.   Amendment

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

 

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48]

 

2.   Regulation 178 (Minimum height for I.F.R. flight)

2.1   Omit the regulation, substitute:

 

Minimum height for flight under the I.F.R.

“178.

(1)  The Authority may determine:

• (a)

  the lowest safe altitude for a specified route segment; and

• (b)

  the method of calculating the lowest safe altitude for route segments for which it has not determined the lowest safe altitude.

 “(2)

A determination must be published in AIP or NOTAMS.

 “(3)

Subject to subregulation (5), if an aircraft is flown along a route segment for which a lowest safe altitude has been determined by the Authority, it must not be flown at a height less than the lowest safe altitude.

 

Penalty:  $5,000.

 “(4)

Subject to subregulation (5), if an aircraft is flown along a route segment for which a lowest safe altitude has not been determined by the Authority, it must not be flown at a height less than the lowest safe altitude calculated in accordance with the method determined by the Authority.

 

Penalty:  $5,000.

 “(5)

An aircraft may be flown along a route segment at a height less than the height that is applicable under subregulation (3) or (4):

• (a)

  during take‑off or landing; or

• (b)

  during:

   (i) an instrument departure procedure; or

   (ii) an instrument approach procedure;

 that has been determined by the Authority and published in AIP; or

• (c)

  if the aircraft is being flown by day in V.M.C.; or

• (d)

  if the aircraft is being flown in accordance with instructions from Air Traffic Control.

   
• “(6)

  This regulation has effect subject to regulation 157.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 July 1992.

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 and 174.