Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 220 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 20 August 1997.

 

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

  

john sharp

Minister for Transport and Regional Development

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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 174B (V.F.R. flights at night)

2.1   Subregulation (2):

Add at the end:

• “; (d)

  charter operations that involve the carrying of passengers for hire or reward, if:

  • (i)

    the operator is approved in writing by CASA to conduct the operations; and

  • (ii)

    the operations are conducted in a turbine powered aeroplane approved in writing by CASA for those operations.”.

3.   Regulation 175A (Restriction on I.F.R. flights by single engine aircraft)

3.1   Omit the regulation, substitute:

Restriction on I.F.R. flights by single engine aircraft

 “175A.(1) 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 the carrying of passengers for hire or reward;

• (d)

  charter or regular public transport operations that involve the carrying of passengers for hire or reward, if:

  • (i)

    the operator is approved in writing by CASA to conduct the operations; and

  • (ii)

    the operations are conducted in a turbine powered aeroplane approved in writing by CASA for those operations.

Penalty: 25 penalty units.

 “(2) CASA may issue directions to an operator to ensure that any of the following matters do not affect the safety of a regular public transport operation to which paragraph (1) (d) refers:

• (a)

  seasonal influences;

• (b)

  the conduct of operations by night;

• (c)

  adverse weather patterns;

• (d)

  the terrain below, or in the proximity of, the route used in the operation.

 “(3) An operator who is bound by a direction must not contravene it.

Penalty: 10 penalty units.

 “(4) A direction under subregulation (2) does not bind an operator until it is served on the operator.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 August 1997.

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; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111 and 139.