Air Navigation Regulations - Legislation

STATUTORY RULES.

1937. No. 81

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1936.*

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920-1936.

Dated this fourth day of August , 1937.

Deputy of the Governor-General.

By His Excellency’s Command,

AIR NAVIGATION REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Air Navigation Regulations.

Commencement.

2.—(1.) These Regulations, except Part VII., shall take effect on and from the date of notification in the Gazette.

(2.) Part VII. of these Regulations shall take effect on and from the first day of October, 1937.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Civil Aviation Board.

Part III.—Conditions of flight within Australian Territory.

Division 1.—General.

Division 2.—Conditions as to Safety.

Part IV.—Registration and Marking of Australian Aircraft.

Division 1.—Registration of Aircraft.

Division 2.—Marking of Aircraft.

Part V.—Certificates of Airworthiness.

Part VI.—Certificates of Competency and Licences.

Part VII.—Public Transport Services.

Part VIII.—Log-books.

Part IX.—Wireless Telegraph Apparatus and Operators.

Part X.—Investigation of Accidents.

Part XI.—Aerodromes and Air Beacons.

Part XII.—International Airways.

Part XIII.—Suspension or Cancellation of Licences and Certificates.

Part XIV.—Miscellaneous.

* Notified in the Commonwealth Gazette on ,1937.

3557.—Price 2s.

Repeal.

4. The Air Navigation Regulations (being Statutory Rules 1936, No. 156, as amended by Statutory Rules 1936, No. 161 and Statutory Rules 1937, Nos. 41 and 58), the Air Navigation (Enquiry Committee) Regulations (being Statutory Rules 1929, No. 48), the Air Navigation (Investigation of Accidents) Regulations (being Statutory Rules 1927, No. 118, as amended by Statutory Rules 1931, No. 9) and the Civil Aviation Board Regulations (being Statutory Rules 1936, No. 45) are repealed.

Definitions.

5.—(1.) In these Regulations, unless the contrary intention appears—

“aerial work aircraft” means aircraft used for an industrial or commercial purpose or any lucrative purpose other than transport of the kind specified in this regulation in the definition of “public transport aircraft”;

“aerodrome” means any definite ground or water area used or intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes the landing area, neutral zone, and building area included within such ground or water area;

“aerodyne” means an aircraft whose support in flight is mainly secured by aerodynamic reactions;

“aeroplane” means a mechanically-driven aerodyne supported in flight by aerodynamic reactions on wings remaining fixed in course of the same condition of flight; “aerostat” means an aircraft whose support in flight is mainly secured by its buoyancy in air;

“aircraft” means any machine which can support itself in the atmosphere from the reactions of the air upon it, and includes balloons, whether fixed or free, airships, gyroplanes, aeroplane, and, except in Parts IV. and V., gliders and kites;

“airship” means a mechanically-driven aerostat with means of directional control;

“amphibian” means an aeroplane capable normally of taking off from and alighting on either land or water;

“approved” means approved by the Board;

“Australian territory” includes the Commonwealth and the Territories, the territorial waters of the Commonwealth and of the Territories, and the air space above such territory and territorial waters;

“authorized” means authorized by the Board;

“balloon” means an aerostat, either captive or free, non-mechanically-driven;

“Contracting State” means any State which is for the time being a party to the Convention;

“glider” means a non-mechanically-driven aerodyne supported in flight by aerodynamic reactions on surfaces remaining fixed under the same condition of flight;

“kite” means a glider normally moored to the ground;

“licensed” means licensed under these Regulations;

“major damage” in relation to an aircraft means—

(a) the fracture or distortion of any structurally important member of the airframe or controls;

(b) the fracture or bending of an airscrew; or

“military aircraft” means naval, military or air force aircraft, and includes any aircraft commanded by a person in the naval, military or air force service who is detailed to command the aircraft;

“Notices to Airmen” means notices sent by the Board from time to time to persons who hold licences issued under these Regulations;

“operating crew,” in relation to any aircraft, includes every person acting as commander, pilot, navigator, radio operator or flight engineer, and also includes the stewards and stewardesses of the aircraft;

“passenger” means any person carried for hire or reward in any aircraft, and includes any person actually carried in a public transport aircraft, other than members of the operating crew, licensed ground engineers and persons authorized to inspect aircraft or investigate matters connected with the operation thereof;

“private aircraft” means aircraft used for purposes other than those specified in this regulation in the definitions of “aerial work aircraft” and “public transport aircraft”; “prohibited area” means any area declared by the Minister, by notice in the Gazette, to be a prohibited area for the purposes of these Regulations;

“proprietor of an aerodrome” includes any person responsible for the management of an aerodrome;

“public transport aircraft” means all aircraft used for carrying persons or things for a remuneration of no matter what nature, or even without remuneration, if the transport is effected by an air transport undertaking;

“public transport service” means a service for the carriage of persons or goods for hire or reward;

“registered” means registered under these Regulations;

“seaplane” means an aeroplane capable normally of taking off from and alighting on water;

“serious injury” means an injury sustained by any person which is certified to be serious by a duly qualified medical practitioner;

“the Board” means the Civil Aviation Board constituted under these Regulations;

“the Convention” means the Convention relating to the Regulation of Aerial Navigation signed in Paris on the thirteenth day of October, One thousand nine hundred and nineteen, and includes any amendments of the Convention made under article thirty-four thereof;

“the Minister” means the Minister of State for Defence, and includes any Minister or member of the Executive Council for the time being acting for or on behalf of such Minister;

“the Secretary” means the Secretary to the Board, and includes any officer authorised for the time being to perform the duties of the Secretary;

“wireless telegraph apparatus” includes any apparatus for transmitting or receiving telegraphic or telephonic messages by means of electricity without a continuous metallic connexion between the transmitter and the receiver.

(2.) For the purposes of these Regulations—

(a) an aircraft shall be deemed to possess the nationality of the Contracting State on the register of which it is entered; and

(b) an aircraft registered in pursuance of these Regulations shall be deemed to be an Australian aircraft.

Application of Regulations.

6.—(1.) The provisions of these Regulations, other than these contained in the First Schedule, shall apply to—

(a) international air navigation within Australian territory,

(b) air navigation in relation to trade and commerce with other countries and among the States,

and to aircraft engaged in such navigation and aerodromes open to public use by such aircraft.

(2.) The rules contained in the First Schedule to these Regulations shall apply to—

(a) all air navigation within Australian territory,

(b) all aircraft engaged in such navigation, and

and shall apply to Australian aircraft when engaged in air navigation outside Australian territory.

(3.) Notwithstanding the preceding provisions of this regulation—

(a) these Regulations shall not apply to Australian military aircraft or Royal Australian Air Force aerodromes, and

(b) Parts IV., V., VI., VIII. and XIII. of these Regulations shall not apply to foreign aircraft.

Delegation by Minister or the Board.

7.—(1.) The Minister may, by writing under his hand, delegate any of his powers or functions under these Regulations (except this power of delegation) in relation to any matter or class of matters, so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.

(2.) The Board may by writing signed by the members of the Board, delegate any of its powers or functions under these Regulations (except this power of delegation) in relation to any matter or class of matters, or in relation to any part of the Commonwealth or of a Territory, so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters, or the part of the Commonwealth or Territory, specified in the instrument of delegation.

(3.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister or the Board, as the case may be.

Part II.—Civil Aviation Board.

Constitution of Civil Aviation Board.

8. There shall be a Civil Aviation Board consisting of the officers for the time being holding the following offices in the Department of Defence:—

The Controller-General of Civil Aviation;

The Controller of Operations, Civil Aviation;

The Controller of Ground Organization, Civil Aviation;

and a Finance Member appointed by the Minister.

Powers and functions of the Board.

9.—(1.) The Board shall, subject to the directions of the Minister, be charged with the administration of these Regulations, and shall exercise and perform such powers and functions as are conferred on the Board by these Regulations.

(2.) The Board shall maintain case liaison with the Air Board in matters of common interest.

Chairman of the Board.

10.—(1.) The Controller-General of Civil Aviation shall be the Chairman of the Board.

(2.) The Minister may appoint a member of the Board as Deputy Chairman and, in the event of the absence of the Chairman from any meeting, that member shall act as Chairman.

Secretary to the Board.

11. There shall be a Secretary to the Board, who shall be an officer of the Department of Defence assigned to that position by the Minister, and shall exercise and perform such functions and duties as the Board directs.

Meetings of the Board.

12.—(1.) Tire meetings of the Board shall be held at such times and places as the Board determines, and meetings of the Board may be summoned at any time by the Minister or by the Chairman, or, in the absence of the Chairman, by the Deputy Chairman.

(2.) At all meetings of the Board, three members of the Board shall form a quorum.

Attendance of technical advisers.

13. The Board may invite any technical adviser or other person to inquire into and furnish a report to the Board in relation to any matter, or to attend any meeting of the Board in a consultative capacity.

Distribution of duties to members of Board.

14.—(1.) The Minister may, from time to time, assign duties to each member of the Board.

(2.) In assigning duties to members, the Minister shall have regard to the following principles:—

(a) Matters relating to civil aviation policy, the administration of Commonwealth civil aviation legislation, international conventions relating to air navigation, and the development of new air transport services and other civil aviation activities shall be assigned to the Controller-General of Civil Aviation;

(b) Matters relating to air transport services and aero clubs, the control of aviation activities (including the licensing of persons to act as members of the operating crew of aircraft, the issue of certificates of airworthiness and the inspection of aircraft), liaison with the Air Force on matters of common interest, and wireless and meteorological facilities shall be assigned to the Controller of Operations, Civil Aviation;

(c) Matters relating to the selection, acquisition and maintenance of landing grounds and buildings and the execution and supply of works and services in connexion therewith the lighting of air routes and the preparation of route maps shall be assigned to the Controller of Ground Organization, Civil Aviation;

(d) Financial matters, including the control of, and accounting for, expenditure, the preparation of estimates of receipts and expenditure for the information of Parliament, and the review of proposals for new expenditure shall be assigned to the Finance Member.

(3.) Any member to whom duties are assigned under this regulation may determine all matters which fall within the duties so assigned and are declared by the Board to be matters of routine.

Decisions of the Board or members thereof.

15.—(1.) The decisions of the Board, and the decisions of individual members on important subjects, shall be signed by the Secretary to the Board and shall be promulgated in such manner as the Board directs.

(2.) A copy of every decision and recommendation made by the Board at any meeting shall be sent, immediately after the meeting, to the Minister and to the Secretary to the Department of Defence.

Consideration of matters by the Minister.

16. The Board shall refer for determination by the Minister—

(a) any matters for which the approval of the Minister is required by legislation;

(b) any matters in respect of which the members of the Board are divided in opinion, or which, for any other reason, the Board considers it desirable to refer to the Minister; and

Part III.—Conditions of Flight within Australian Territory.

Division 1.—General.

General conditions of flying.

17.—(1.) An aircraft to which these Regulations apply shall not fly within Australian territory unless—

(a) it is registered and has a nationality mark and registration mark painted on or affixed to it in accordance with the requirements of Annex A to the Convention;

(b) it is certified as airworthy in accordance with the conditions set forth in Annex B to the Convention, and complies with the conditions of its certificate of airworthiness;

(c) it complies with the conditions contained in Annex E to the Convention in respect of the number and description of and the holding of certificates of competency and licences by, the operating crew;

(d) it carries the documents specified in regulation 18 of these Regulations; and

(e) it complies with the rules contained in the First Schedule to these Regulations:

Provided that—

(i) paragraphs (a), (b) and (d) of this sub-regulation shall not apply to aircraft flown, in accordance with the permission and directions of the Board, for the purpose of experiment or test only, within 3 miles of a licensed aerodrome or an approved aerodrome; and

(ii) paragraph (c) of this sub-regulation, in so far as it relates to the licensing of the pilot, shall not apply within 3 miles of a licensed aerodrome or an approved aerodrome, in the case of a person making practice flights necessary for the purpose of qualifying for the issue or renewal of a pilot’s licence or undergoing official tests for that purpose:

Provided further that the Minister may permit the flight within Australian territory of an aircraft which does not possess the nationality of a Contracting State subject to such conditions as to the duration of the flight as he thinks fit, and to such other conditions as are necessary to ensure compliance with the general principles contained in the Convention and that the rights of the Contracting States are not infringed.

(2.) An Australian aircraft shall be deemed to comply with the requirements of paragraphs (a), (b) and (c) of the last preceding sub-regulation if—

(a) it is registered and has a nationality mark and registration mark painted on or affixed to it in accordance with Part IV. of these Regulations;

(b) it is certified as airworthy in accordance with Part V. of these Regulations, and complies with the conditions of its certificate of airworthiness; and

(c) it complies with these Regulations in respect of the number and description of, and the holding of certificates of competency and licences by, the operating crew.

Documents to be carried.

18. Every aircraft shall, when flying, carry the following documents with respect to the aircraft or the operating crew thereof (except when any such document has been forwarded to the Board in pursuance of these Regulations):—

(a) the certificate of registration;

(b) the certificate of airworthiness;

(d) the licences of the operating crew;

(e) log-books in accordance with Part VIII. of these Regulations;

(f) the licence (if any) to use wireless apparatus in the aircraft;

(g) a list of the names of any passengers carried; and

(h) the bills of lading and manifest in respect of any goods carried.

Foreign military aircraft.

19. A foreign military aircraft shall not fly over or land on Australian territory except on the express invitation or with the express permission of the Minister, but any aircraft so flying or landing on such invitation or with such permission shall be exempt from the provisions of these Regulations except to such extent as is specified in the invitation or permission.

Carriage of explosives.

20. Except for the purposes permitted under the First Schedule to these Regulations—

(a) an aircraft engaged in international navigation shall not carry explosives, arms of war or munitions of war; and

(b) a foreign aircraft shall not carry explosives, arms of war or munitions of war between any two points within Australian territory.

Flights over prohibited areas forbidden.

21.—(1.) An aircraft shall not fly over any prohibited area.

(2.) If the person in charge of any aircraft finds that the aircraft is above a prohibited area, he shall, as soon as possible after becoming aware of the fact, give the signal of distress provided for in rule 23 in the First Schedule to these Regulations, and land at one of the nearest aerodromes outside the prohibited area.

Division 2.—Conditions as to Safety.

Articles not to be dropped from aircraft.

22. No article other than ballast in the form of fine sand or water shall be dropped from any aircraft in the air:

Provided that the Board may, subject to such conditions as it thinks fit, authorize the dropping of packages or other articles from aircraft.

Flight over towns or other populous areas.

23.—(1.) An aircraft shall not fly over any city or town or other populous area except at such an altitude as would enable the aircraft to land outside the city, town or populous area, in the event of the means of propulsion failing through any cause.

(2.) Without prejudice to the last preceding sub-regulation an aircraft shall not fly over—

(a) any city, town or populous area at a lower altitude than 1,500 feet; or

(b) any other area at a lower altitude than 500 feet,

unless through stress of weather or other unavoidable cause it is essential that a lower altitude should be maintained.

(3.) Nothing in this regulation shall apply to an aircraft which is departing from, or about to land at, a licensed aerodrome or an aerodrome under the control and management of the Board, whilst the aircraft is within a distance of one mile from the nearest boundary of the aerodrome.

Trick flying.

24. A person shall not in any aircraft—

(a) engage in any trick flying or exhibition flying over any city, town or populous area;

(b) except with the permission in writing of the Board, engage in any trick flying or exhibition flying over any regatta, race meeting or meeting for public games or sports;

(c) engage in any flying, which by reason of low altitude or proximity to persons, shipping or buildings, is dangerous; or

(d) except with the permission in writing of the Board, fly over any regatta, race meeting or any public gathering over which flight has been prohibited by direction of the Board notified in Notices to Airmen.

Carriage of navigator.

25.—(1.) Every aircraft in use on international public transport shall have on board—

(a) a navigator who holds a first or second class navigator’s licence if the aircraft has to fly without landing—

(i) by day, more than 100 miles over inhabited regions, or more than 100 miles but not more than 620 miles entirely over the high seas or uninhabited regions; or

(ii) by night, more than 15 miles but not more than 620 miles;

(b) a navigator who holds a first class navigator’s licence if the aircraft has to fly without landing—

(i) by day, more than 620 miles entirely over the high seas or uninhabited regions, or

(ii) by night, more than 620 miles.

(2.) A commercial pilot who holds the necessary navigator’s licence may, even if he is alone on board, fulfil the duties of navigator in the case of—

(a) day flights over inhabited regions,

(b) day flights of not more than 620 miles over the high seas or uninhabited regions, or

(3.) Unless a second pilot is on board who is authorized and competent to take charge of the aircraft, the duties of navigator shall not be performed by a pilot—

(a) on a continuous day flight of more than 620 miles over the high seas or uninhabited regions, or

(b) on a night flight, except when the route followed is suitably marked and recognized as an air traffic route by the Board.

(4.) When an aircraft is required to have on board another member of the operating crew in addition to the pilot, the duties of navigator may be performed by the additional member of the operating crew, provided he holds a navigator’s licence.

(5.) For the purposes of this regulation—

“flight over the high seas” means a flight in the course of which an aircraft may find itself at a distance of more than 62 miles from the coast;

“night” means the period commencing one hour after sunset and terminating one hour before sunrise; and

“uninhabited region” means a region where, in consequence of the sparsity of the population and of the absence of natural landmarks or the insufficiency of the maps, the difficulties of navigation are similar to those met with over the high seas.

Part IV.—Registration and Marking of Australian Aircraft.

Division 1.—Registration of Aircraft.

Certificates of registration of aircraft.

26.—(1.) The Board shall keep a register of Australian aircraft and may issue to the owner of any aircraft (other than a glider or kite) a certificate of registration in respect of the aircraft.

(2.) The entry in the register and the certificate of registration shall contain a description of the aircraft and shall indicate the number or other identification mark given to it by the manufacturer, the nationality and registration marks referred to in regulation 33 of these Regulations, the usual station of the aircraft, the full name, nationality and residence of the owner and the date of registration.

(3.) The certificate of registration shall be in accordance with the form set out in Annex A to the Convention.

Applications for registration to be supported by statutory declarations.

27. The Board may require the applicant for a certificate of registration to make and subscribe a statutory declaration as to the truth of the facts set out in the application.

Duration of certificates.

28. Subject to these Regulations, a certificate of registration shall remain in force until cancelled or suspended by the Board in accordance with these Regulations.

Change of ownership of aircraft.

29.—(1.) Where there is any change in the ownership of a registered aircraft, the registered owner of the aircraft shall forthwith forward to the Secretary—

(a) a notification of the change of ownership, setting out the name, address and nationality of the new owner, and the date of change of ownership, and

(b) the certificate of registration of the aircraft,

and the certificate of registration shall then be cancelled and an appropriate entry made in the register.

(2.) Upon application by the new owner of the, aircraft, the Board may issue to him a fresh certificate of registration and register him as the owner of the aircraft.

Destruction, &c. of aircraft.

30. When a registered aircraft has been destroyed or permanently withdrawn from use, the owner of the aircraft shall forthwith forward to the Secretary—

(a) a notification of the destruction or withdrawal from use, and

(b) the certificate of registration of the aircraft,

and the certificate of registration shall then be cancelled and an appropriate entry made in the register.

Inspection of register of aircraft.

31. The register of Australian aircraft shall be open to inspection at such times and subject to such conditions as the Board directs.

Aircraft not to be registered in the Commonwealth if registered elsewhere.

32. An aircraft shall not be registered under this Part while it is registered in any other country.

Division 2.—Marking of Aircraft.

Nationality and registration marks.

33.—(1.) A registered aircraft shall bear a nationality mark and a registration mark, and shall carry, affixed to the fuselage in a prominent position, a metal plate inscribed with the name and address of the owner and the nationality and registration marks.

(2.) The nationality and registration marks borne by aircraft shall be constituted by a group of five letters.

(3.) The nationality mark for Australian aircraft shall be the capital letters VH in Roman characters.

(4.) The registration mark shall be that assigned to it by the Board and shall consist of a group of three capital letters in Roman characters.

(5.) A hyphen equal to the width of one of the letters shall be placed immediately after the nationality mark.

Manner of painting or affixing marks.

34.—(1.) Except as otherwise provided in these Regulations, the nationality mark and the registration mark shall be painted on the aircraft in the following manner:—

(a) In the case of aerostats being—

(i) airships, the marks shall be painted near the maximum cross-section so as to appear on both sides and on the upper surface equidistant from the letters on the sides;

(ii) spherical balloons, the marks shall be painted twice near the maximum horizontal circumference of the balloon and shall be placed as far as possible from one another; and

(iii) non-spherical balloons, the marks shall be painted near the maximum cross-section on both sides immediately above the rigging band on the points of attachment at the basket suspension cables;

(b) In the case of aeroplanes, the marks shall be painted—

(i) once on the lower surface of the main plane structure and once on the upper surface of the main plane structure, the top of the letters to be towards the leading edge; and

(ii) along each side of the fuselage or body between the main planes and the tail planes;

(c) In the case of other aerodynes, the provisions of paragraph (b) shall be applicable in so far as the aerodynes comprise corresponding elements on which marks can be placed.

(2.) In the case of all aerostats, the side marks shall be so placed as to be visible both from the sides and from the ground.

(3.) For the purposes of this regulation, a mark shall be deemed to be painted if it is affixed to an aircraft by such means as will ensure that the mark will be as permanent as if painted on the aircraft.

Marks to be displayed to advantage.

35.—(1.) Nationality marks and registration marks shall be displayed to the best possible advantage having regard to the constructional features of the aircraft, and shall be of such a colour in relation to the colour of the background on which they are painted as will render them clearly legible.

(2.) The marks shall always be kept clean and visible.

Height of marks.

36. Subject to regulation 37, the height of the letters to be painted on aircraft shall be as follows—

(a) In the case of aerostats being—

(i) airships and non-spherical balloons, the height of the marks shall be equal to at least one-twelfth of the perimeter of the airship or balloon at its maximum cross-section;

(ii) spherical balloons, the height of the marks shall be equal to at least one-fifteenth of the maximum horizontal circumference of the balloon;

(b) In the case of aeroplanes, the marks to be painted on the wings and on the fuselage or body of an aeroplane shall, as

regards each group of marks, be formed of letters of equal height, as large as possible, without however touching the visible outline of the wings or of the fuselage or body:

Provided that it shall not be necessary for the letters of the nationality and registration marks on any aircraft to exceed 8 feet in height.

Affixing of marks in exceptional cases.

37. Where the constructional features of an aircraft do not admit of compliance with any of the provisions of regulations 34 and 36 applicable to that aircraft, the nationality mark and registration mark shall be painted on or affixed to the aircraft in such manner, and the letters constituting the marks shall be of such height, as is approved by the Board.

Width and thickness of letters in marks, &c.

38. As nearly as the constructional features of the aircraft admit, the following provisions with respect to the letters in a nationality mark or registration mark shall be complied with:—

(a) The width of the letters shall be two-thirds of their height;

(b) The thickness of the letters shall be one-sixth of their height;

(c) Except as expressly prescribed in any other regulation, a space equal to one-half the width of the letters shall be left between the letters; and

(d) The letters shall be in plain block type of a uniform shape and size.

Weight of aircraft to be painted thereon.

39. Every Australian aircraft shall bear clearly painted upon it in a prominent position marks indicating—

(a) the weight thereof when empty (including water in the radiators when fitted with liquid cooled engines and all fixed equipment and fixed portions of wireless or other equipment) as ascertained at its last previous weighing; and

(b) the maximum total weight authorized for it, as shown for the time being in its certificate of airworthiness.

Part V.—Certificates of Airworthiness.

Certificates of type approval.

40.—(1.) The Board may issue to a manufacturer of aircraft, aircraft engines, airscrews or other components of an aircraft a certificate of type approval:

Provided that a certificate shall not be issued under this regulation unless the Board is satisfied that the type complies with the minimum requirements fixed in pursuance of Annex B to the Convention.

(2.) An application for a certificate of type approval shall be supported by—

(a) such drawings and data relating to the design as the Board requires;

(b) satisfactory evidence that the design complies with the airworthiness requirements fixed in pursuance of Annex B to the Convention and any additional requirements determined by the Board; and

(3.) The drawings and data constituting the design shall bear the signature of a responsible engineer.

Certificates of airworthiness of aircraft constructed under certificates of type approval.

41.—(1.) A certificate of airworthiness may be issued in respect of an aircraft constructed under a certificate of type approval if the following conditions have been fulfilled to the satisfaction of the Board:—

(a) The aircraft has been constructed—

(i) in accordance with the terms of the certificate of type approval and the drawings and data constituting the design specified in that certificate, or

(ii) where the design has been modified and the drawings and data relating to the modification have been supplied by the manufacturer and approved by the Board, in accordance with the terms of the certificate and the drawings and data constituting the design as so modified;

(b) The construction of the aircraft is satisfactory as regards workmanship and materials used;

(d) The aircraft has been subjected to flying trials in accordance with the directions of the Board.

(2.) The Board may at any time require any additional tests, inspections or reports which are, in its opinion, necessary to prove the airworthiness of the aircraft.

Certificates of airworthiness of aircraft not constructed under certificate of type approval.

42.—(1.) A certificate of airworthiness may be issued in respect of an aircraft (other than an aircraft referred to in the next succeeding regulation) which is not constructed under a certificate of type approval if all the requirements specified in paragraphs (b), (c) and (d) of the last preceding regulation have been complied with to the satisfaction of the Board, and the design of the aircraft is in accordance with the airworthiness requirements fixed in pursuance of Annex B to the Convention and any additional requirements determined by the Board.

(2.) An application for the issue of a certificate of airworthiness under this regulation in respect of any aircraft shall be accompanied by such drawings and data as would be required for the issue of a certificate of type approval.

Certificate of airworthiness, of aircraft certificated elsewhere.

43. Where application is made for the registration by the Commonwealth of an aircraft in respect of which a certificate of airworthiness has been issued by the competent authority in any other country and the certificate is, at the time of application, still in force, the Board may, if satisfied as to the airworthiness of the aircraft and compliance with the requirements of Annex B to the Convention, issue a certificate of airworthiness for the aircraft subject to such conditions and limitations as it thinks fit.

Conditions of certificates of airworthiness.

44.—(1.) A certificate of airworthiness shall contain conditions in accordance with the requirements of the Convention and such other conditions as the Board considers necessary, shall remain in force for

the period specified therein not exceeding twelve months, and may be renewed from time to time by the Board for any period not exceeding twelve months:

Provided that—

(a) if at any time the Board considers that any modifications are necessary in order to ensure the safety of the aircraft, the Board may require the modifications to be carried out as a condition of the certificate remaining in force,

(b) the conditions of a certificate of airworthiness may be varied at any time by the Board if it is satisfied that those conditions do not afford a sufficient margin of safety, and

(c) if at any time the Board is satisfied that reasonable doubt exists as to the safety of the aircraft or of the type to which the aircraft belongs, the Board may, in accordance with Part XIII. of these Regulations, suspend or cancel the certificate of airworthiness issued in respect of the aircraft.

(2.) Before any certificate of airworthiness is renewed, the applicant shall furnish to the Board such evidence as to the condition of the aircraft as the Board requires.

Modification by owner affecting safety of aircraft.

45.—(1.) The owner of an aircraft in respect of which a certificate of airworthiness is in force shall not, without first obtaining the approval of the Board, carry out any modifications (including changes of equipment or installation) which affect, or are likely to affect, the safety of the aircraft.

(2.) Before any such approval is granted, the owner shall furnish such drawings and data relating to the design and such reports on tests as the Board requires.

Certificate deemed to be suspended in certain circumstances.

46.—(1.) A certificate of airworthiness issued under this Part shall be deemed to be suspended during any period during which the following circumstances exist:—

(a) The aircraft has not, within the prescribed period prior to a flight, been inspected and certified as safe for flight in accordance with this regulation; or

(b) The aircraft has landed owing to a defect which is not such as would, in accordance with ordinary aeronautical practice, be remedied by the pilot or crew, and has not subsequently been inspected and certified in accordance with this regulation:

Provided that paragraph (a) of this sub-regulation shall not apply to an aircraft which, after leaving the place where it was last so certified, has been accidentally delayed through some cause other than a defect mentioned in paragraph (b) of this sub-regulation and is proceeding to a destination which but tor the delay it would have reached within the prescribed period since it was so certified:

Provided further that this sub-regulation shall not be construed as requiring an aircraft which is actually in flight to land for the purposes of inspection.

(2.) Every inspection of an aircraft shall be made, in accordance with any directions issued by the Board, by a ground engineer or ground engineers licensed for that purpose.

(3.) If the result of the inspection is satisfactory, a certificate stating that the aircraft is safe for flight (in this Part referred to as a “certificate of safety”) shall be signed in duplicate by the ground engineer or ground engineers who made the inspection, and countersigned by the pilot in charge of the aircraft, and the time and date of certification shall be shown thereon.

(4.) The ground engineer shall deliver the certificate of safety to the pilot in charge of the aircraft and shall send the duplicate copy of the certificate to the owner of the aircraft.

(5.) For the purposes of this regulation, “the prescribed period” shall be—

(a) in the case of a public transport aircraft—a period of 24 hours;

(b) in the case of an aerial work aircraft—a period of 7 days;

and every such period shall be reckoned from the time and date stated in the certificate as the time and date when the inspection was completed.

Custody of certificates of safety.

47.—(1.) Every certificate of safety shall be carried in the aircraft until a further certificate of safety is issued in respect of the aircraft.

(2.) The owner of the aircraft shall keep the duplicate copy of every certificate of safety for six months from the date of the certificate.

(3.) Every certificate of safety and every duplicate copy of any such certificate shall, on demand, be produced for inspection by an authorized person.

Weight schedule to be exhibited inside aircraft.

48.—(1.) Every Australian aircraft shall carry exhibited in a prominent position inside the aircraft a weight schedule setting forth—

(a) the nationality and registration marks of the aircraft;

(b) the weight of the aircraft when empty (including water in the radiators when fitted with liquid cooled engines and all fixed equipment and fixed portions of wireless or other equipment) as ascertained at its last previous weighing;

(d) the weights of all items of equipment (or portions thereof) regarded as removable, exclusive of wireless equipment (or portions thereof); and

(e) the weights of all items of wireless equipment (or portions thereof) regarded as removable.

(2.) The weight schedule shall be in such form as the Board directs.

Board may require inspection and repair of aircraft.

49.—(1.) The Board may from time to time require that any aircraft in respect of which a certificate of airworthiness has been issued under this Part shall be inspected, either in whole or in part, by—

(a) a ground engineer or ground engineers appointed by the owner or the user of the aircraft and licensed for the purpose under regulation 53; or

(b) a person authorized for that purpose by the Board; and that a report be furnished to the Board by the ground engineer or engineers or the authorized person as to the airworthiness of the aircraft.

(2.) Upon consideration of the report, the Board may require that a further inspection and report be made or that the aircraft be overhauled and repaired or modified in such manner as is, in the opinion of the Board, necessary to ensure the airworthiness of the aircraft.

Major damage to aircraft.

50.—(1.) When a registered aircraft in respect of which a certificate of airworthiness has been issued under this Part sustains major damage, the certificate of airworthiness shall thereupon be suspended until such time as the aircraft has been inspected, repaired and certified as airworthy by a ground engineer or engineers licensed to certify to the airworthiness of such aircraft after overhaul.

(2.) The certificate of the ground engineer or engineers shall be forwarded forthwith by the owner of the aircraft to the Secretary.

Minor damage to aircraft.

51.—(1.) When a registered aircraft in respect of which a certificate of airworthiness has been issued under this Part sustains minor damage, the certificate of airworthiness shall thereupon be suspended until such time as it has been inspected, repaired and certified as airworthy by a ground engineer or engineers licensed to certify to the airworthiness of such aircraft after overhaul:

Provided that the aircraft may be flown, before being so certified, if this is necessary for the purpose of taking the aircraft to the nearest place where it can be properly repaired and no persons other than the operating crew are carried during the flight.

(2.) The certificate of the ground engineer or engineers shall be forwarded forthwith by the owner of the aircraft to the Secretary.

(3.) For the purposes of this regulation, “minor damage,” in relation to an aircraft, means such damage to any structurally important part of the aircraft or its accessories as is not included within the meaning of the expression “major damage”.

Overhauls, &c., to be made under supervision of licensed ground engineers.

52.—(1.) Every overhaul, modification, or repair of a nature likely to affect the safety of an aircraft in respect of which a certificate of airworthiness has been issued under this Part shall be made by or under the supervision of a ground engineer licensed to certify to such work.

(2.) The ground engineer shall, after any such overhaul, modification or repair, certify to the airworthiness of the aircraft, aircraft engine, part or accessory, as the case may be.

Licensing of ground engineers.

53—(1.) The Board may, on compliance with such conditions as appear to the Board to be necessary, issue to competent persons licences to act as ground engineers for the purposes of this Part.

(2.) Licences under this regulation may be issued for any or all of the following purposes:—

A. Inspection and certification of aircraft after overhaul.

B. Inspection and certification of aircraft engines after overhaul.

C. Inspection, maintenance and certification of aircraft before flight.

D. Inspection, maintenance and certification of aircraft engines before flight.

X. Other duties as specified in the licence.

(3.) A ground engineer’s licence may be limited to such particular type or types of aircraft engines as the Board specifies.

(4.) A ground engineers licence shall be issued for a period not exceeding twelve months and may be renewed from time to time for any period not exceeding twelve months.

Qualifications for ground engineer.

54.—(1.) An applicant for a ground engineer’s licence shall—

(a) be at least 21 years of age;

(b) have passed an approved technical examination; and

(2.) Unless the Board otherwise directs, it shall be necessary for an applicant for a licence for purpose A, B, C or D mentioned in the last preceding regulation to have had satisfactory practical experience for at least two years in aircraft construction, aircraft engine construction, aircraft maintenance or aircraft engine maintenance, respectively.

(3.) An applicant for a licence for purpose X mentioned in the last preceding regulation shall have such knowledge and experience and access to such facilities as, in the opinion of the Board, are necessary to enable him to perform satisfactorily the duties for which the licence is required.

Cancellation, suspension or endorsement of ground engineers’ licences.

55.—(1.) Aircraft, aircraft engines, parts and accessories, which have been inspected and certified as required by this Part by a licensed ground engineer, or any overhaul, modification or repair performed or certified by a licensed ground engineer, may be examined by a person or persons authorized by the Board.

(2.) If it appears to the Board, after considering the report of such examination, that the inspection, certification, overhaul, modification or repair was not carried out in a careful and competent manner by the licensed ground engineer, the Board may endorse his licence, or suspend or cancel it in accordance with Part XIII. of these Regulations.

Re-examination of licensed ground engineers.

56.—(1.) Whenever the Board considers it necessary, it may require a licensed ground engineer to undergo re-examination.

(2.) If the result of such examination is unsatisfactory, the Board may suspend or cancel the ground engineer’s licence in accordance with Part XIII. of these Regulations.

Ground engineers’ certificate for Australian aircraft when outside Australia.

57. When an Australian aircraft is engaged in air navigation in a country outside Australia, any certificate which is required by this Part to be signed by a ground engineer licensed under this Part may be signed by a ground engineer in that country who possesses qualifications which are accepted by the Board as sufficient for the purpose.

Part VI.—Certificates of Competency and Licences.

Operating crew to be licensed.

58. A person shall not act as the pilot, navigator, or radio operator of an Australian aircraft unless he holds a licence in respect of the capacity in which he is acting issued or rendered valid in pursuance of these Regulations:

Provided that this regulation, in so far as it relates to the licensing of a pilot, shall not apply within three miles of a licensed aerodrome or an approved aerodrome in the case of a person making practice flights necessary for the purpose of qualifying for the issue or renewal of a pilot’s licence or undergoing official tests for that purpose.

Issue or renewal of licences.

59.—(1.) The Board may issue certificates of competency and licences required for the purposes of these Regulations and may renew such licences from time to time.

(2.). Every licence issued or renewed in pursuance of this regulation shall be subject to compliance with the conditions laid down in Annex E to the Convention, and to such other conditions as the Board directs.

Classification of licences.

60. The following classes of licences may be issued by the Board under this Part:-—

(a) Pilots’ licences—

(i) Private pilots’ licences, being licences to fly private aircraft (Class A licences) ;

(ii) Commercial pilots’ licences, being licences to fly public transport and aerial work aircraft (Class B licences);

(b) Navigators’ licences—

(i) First class navigators’ licences;

(ii) Second class navigators’ licences;

(i) First class radiotelegraph operators’ licences;

(ii) Second class radiotelegraph operators’ licences;

(iii) Third class radiotelegraph operators’ licences;

(iv) Radiotelephone operators’ licences.

Duration of licences.

61.—(1.) Subject to Part XIII. of these Regulations, a licence issued under this Part shall remain in force for such period as is specified in the licence, but not exceeding—

(a) in the case of a private pilot’s licence—12 months;

(b) in the case of a commercial pilot’s licence—6 months, if the holder is a male, or 4 months if the holder is a female;

(d) in the case of a radio operator’s licence—12 months.

(2.) Any such licence may be renewed from time to time for any period not exceeding that mentioned in the last preceding sub-regulation in respect of the issue of such licence.

Age of applicants.

62.—(1.) An applicant for a private pilot’s licence shall not be less than 17 years of age.

(2.) An applicant for a commercial pilot’s licence shall not be less than 19 years nor more than 45 years of age.

(3.) An applicant for any navigator’s licence shall not be less than 19 years nor more than 50 years of age.

(4.) An applicant for any radio operator’s licence shall not be less than 19 years of age.

Qualifications of applicants for private pilot’s licence.

63. An applicant for a private pilot’s licence shall—

(a) pass a medical examination in accordance with the requirements of paragraph 8 of Annex E to the Convention;

(b) pass such practical flying tests and theoretical examinations as are directed by the Board in accordance with the requirements of paragraph 17 of Annex E to the Convention ; and

(c) produce evidence that he has had satisfactory recent flying experience in the type of aircraft for which a licence is required.

Conditions precedent to undergoing flying tests

64. A person shall not be permitted to undergo the practical flying tests for the issue of a private pilot’s licence unless he—

(a) produces satisfactory evidence that he has completed at least ten hours flying practice, during three hours of which he has been in sole charge of an aircraft; and

(b) furnishes a certificate signed by a licensed flying instructor that he has, without assistance from his instructor, caused an aircraft to spin and to recover from the spin on three separate occasions.

Private pilot’s licence limited to solo flying unless otherwise stated.

65. A private pilot’s licence shall be issued as valid for solo flying only :

Provided that the Board may vary the terms of a private pilot’s licence to permit the holder to carry non-paying passengers on the production by the pilot of—

(a) a certificate signed by a licensed flying instructor that the pilot has successfully completed an advanced training course and a cross country flight of at least fifty miles, and

(b) satisfactory evidence that the pilot has had twenty-five hours flying whilst in sole charge of an aircraft.

Pilots of public transport or aerial work aircraft to have commercial pilot’s licence.

66. A person shall not at any time fly a public transport or aerial work aircraft unless he holds a commercial pilot’s licence issued or rendered valid under these Regulations.

Qualifications of applicants for commercial pilot’s licence.

67. An applicant for a commercial pilot’s licence shall—

(a) pass a medical examination in accordance with the requirements of paragraph 9 of Annex E to the Convention;

(b) pass such practical flying tests and theoretical examinations as are directed by the Board in accordance with the requirements of paragraph 18 of Annex E to the Convention; and

(i) that he has had satisfactory recent flying experience in the type of aircraft for which a licence is required; and

(ii) that he has completed one hundred hours flying in sole charge of an aircraft.

Pilot’s licence to be in respect of particular types only.

68.—(1.) A pilot’s licence shall be issued only for such types of aircraft as the applicant has produced satisfactory evidence of his ability to fly.

(2.) The types of aircraft for which a licence is valid shall be specified in the licence.

(3.) The holder of a pilot’s licence in respect of any particular type of aircraft may apply to have any other type of aircraft specified in his licence.

(4.) The Board may cause such other type of aircraft to be specified hi the pilot’s licence if he produces satisfactory evidence that—

(a) in the case of a seaplane or amphibian—he has carried out, whilst in sole charge of the aircraft, three hours flying and six landings, including in the case of an aircraft capable of carrying three or more persons three landings with the aircraft fully loaded with ballast, and has had in addition sufficient experience in taking off from and alighting on water; or

(b) in the case of any other aircraft—he has carried out, whilst in sole charge of the aircraft, two hours’ flying and six landings, including, in the case of an aircraft capable of carrying three or more persons, three landings with the aircraft fully loaded with ballast,

and the Board is satisfied that he has had sufficient flying experience of that type of aircraft.

Further medical examination of commercial pilots.

69. If the holder of a commercial pilot’s licence completes periods of flying amounting in the aggregate to one hundred hours or more within any period of less than thirty days he shall undergo a further medical examination forthwith, and he shall not fly any aircraft thereafter until he is informed by the Secretary, by notice in writing, that the medical examination shows him to be medically fit.

Renewal of pilots’ licences.

70. An applicant for the renewal of any pilot’s licence shall—

(a) pass a medical examination under the conditions laid down in Section IV. of Chapter 1. of Annex E to the Convention; and

(b) produce evidence that he has completed three hours’ flying in sole charge of an aircraft within the period of six months immediately preceding the date of his application for renewal of his licence.

Flying instructors.

71.—(1.) The Board may issue a licence to a pilot to act as a flying instructor for the purpose of giving practical instruction in flying.

(2.) A licence under this regulation may be endorsed on the pilot’s licence.

(3.) An applicant for a licence to act as a flying instructor shall produce satisfactory evidence that—

(a) he is the holder of a commercial pilot’s licence; and

(b) he has completed not less than three hundred hours’ flying in sole charge of aircraft;

and shall pass such practical flying tests and theoretical examinations as the Board directs.

(4.) Subject to Part XIII. of these Regulations, a licence to give practical instruction in flying shall remain in force for a period not exceeding twelve months and may be renewed, from time to time, under such conditions and for such period as the Board directs:

Provided that a licence under this regulation shall not remain in force during the suspension of, or upon the expiration or cancellation of, the pilot’s licence.

(5.) Aircraft to which these Regulations apply shall not be used for the purpose of giving practical instruction in flying unless the person instructing is licensed by the Board under this regulation.

Solo flights by person qualifying for issue or renewal of pilot’s licence.

72.—(1.) A person who is undergoing instruction in flying or qualifying for the renewal of a pilot’s licence shall not fly solo in an aircraft to which these Regulations apply unless he has undergone, within the period of twelve months prior to such solo flight, a medical examination and has been notified by the Secretary that he is medically fit to hold a pilot’s licence.

(2.) A person who is undergoing instruction in flying for the purpose of obtaining a pilot’s licence shall not fly solo unless he has had not less than five hours’ dual instruction by a licensed flying instructor.

Requirements for navigator’s licence.

73.—(1.) An applicant for a first class navigator’s licence shall—

(a) pass a medical examination in accordance with the requirements of paragraph 14 of Annex E to the Convention;

(b) produce satisfactory evidence that he has completed not less than two hundred hours’ flying as a member of the operating crew of an aircraft, and has performed the duties of navigator for at least one hundred hours, including fifteen hours by night; and

(2.) An applicant for a second class navigator’s licence shall—

(a) pass a medical examination in accordance with the requirements of paragraph 14 of Annex E to the Convention;

(b) produce satisfactory evidence that he has completed not less than fifty hours’ flying as a member of the operating crew of an aircraft; and

(c) pass practical tests and a theoretical examination in accordance with the requirements of paragraph 23 of Annex E to the Convention.

Radiotelegraph operator’s licence.

74.—(1.) An applicant for a radiotelegraph operator’s licence or a radiotelephone operator’s licence shall—

(a) pass a medical examination in accordance with the requirements of paragraph 15 of Annex E to the Convention;

(b) pass practical tests and theoretical examinations in accordance with the requirements of paragraph 25, 26, 27 or 28, as the case may be, of Annex E to the Convention; and

(c) perform radioelectric duties in an aircraft in flight in accordance with the requirements of paragraph 29 of Annex E to the Convention.

(2.) Where an applicant has complied with the requirements of sub-regulation (1.) of this regulation a licence may be issued to him.

(3.) Where an applicant has complied with the requirements of paragraphs (a) and (b) but not those of paragraph (c) of sub-regulation (1.) of this regulation, a temporary licence may be issued to him.

(4.) A temporary licence shall be valid for a period of one year during which period the holder shall comply with the requirements of paragraph (c) of sub-regulation (1.) of this regulation.

Medical examinations.

75. Every medical examination under this Part shall be conducted by an approved medical practitioner in accordance with the requirements of the Board and of Section IV. of Annex E to the Convention.

Illness or injury of persons holding licences.

76.—(1.) In the event of any person who holds a licence under this Part suffering injury or illness necessitating the services of a medical practitioner, he shall furnish to the Secretary, as soon as possible, a report from the medical practitioner upon the injury or illness, and shall not thereafter act in the capacity specified in the licence until he receives a notice in writing from the Secretary that medical examination shows him to be medically fit.

(2.) The licence of any such person shall be suspended from the time of the injury or illness until the receipt of the notice referred to in the last preceding sub-regulation.

Licences granted by authorities outside the Commonwealth.

77. Where any person who is the holder of a licence issued by the competent authority in any other country and in force satisfies the Board that he has complied with the minimum conditions set forth in Annex E to the Convention, the Board may, subject to such conditions and limitations and for such period as it thinks fit, confer on the licence the same validity for the purpose of flying Australian aircraft as if it had been issued under these Regulations.

Re-examination of holders of licences.

78.—(1.) Whenever the Board considers it necessary, the holder of a licence under this Part may be required to pass any medical examination or practical test or theoretical examination which is required to be passed for the issue of the licence which he holds.

(2.) If the result of any such examination or test is unsatisfactory, the Board may suspend or cancel the licence in accordance with the provisions of Part XIII. of these Regulations.

Part VII.—Public Transport Service.

Licensing of public transport aircraft.

79.—(1.) Aircraft shall not be used by any person in the operation of a regular public transport service except under the authority of, and in accordance with, a licence issued to that person by the Board.

(2.) An applicant for any such licence shall furnish such information in relation to the proposed service as the Board requires.

(3.) The Board shall, if satisfied as to the safety of the proposed service, issue a licence (in these Regulations referred to as “an air line licence”) subject to such conditions, in addition to compliance with these Regulations, as the Board considers necessary to ensure the safety of the aircraft and of the persons to be carried by the aircraft.

(4.) Subject to Part XIII. of these Regulations, an air line licence shall remain in force for a period of one year from the date of issue, and may, from time to time, be renewed by the Board for a further period not exceeding one year.

Part VIII.—Log Books.

Log books to be kept.

80.—(1.) The following log books shall be kept and carried on aircraft:—

(a) For every aircraft—

(i) an aircraft log book, and

(ii) an engine log book in respect of each engine installed in the aircraft;

(b) For every aircraft engaged in international navigation and every public transport aircraft and aerial work aircraft—

(i) an aircraft log book,

(ii) an engine log book in respect of each engine installed in the aircraft, and

(iii) a journey log book;

(c) For every aircraft engaged in international navigation which is carrying passengers or goods for hire and every aircraft engaged in a regular public transport service—

(i) an aircraft log book,

(ii) an engine log book in respect of each engine installed in the aircraft,

(iii) a journey log book, and

(iv) a signal log book.

(d) For the wireless apparatus (if any) installed on the aircraft, a wireless log book; and

(e) For every airscrew in which provision is made for adjustment or variation of the pitch of the blades, an airscrew log book.

(2.) Every licensed pilot shall keep a pilot’s log book.

(3.) All entries in log books shall be made in ink, and entries in any log book relating to overhauls, modifications, replacements or repairs to aircraft shall be signed by the person responsible for the work.

(4.) Log books shall be preserved for not less than two years after the date of the last entry therein.

Aircraft log.

81. The aircraft log shall contain the following particulars:—

(a) The classification of the aircraft; its nationality and registration marks; the full name, nationality and residence of the owner; the name of the constructor of the aircraft, and the total maximum weight authorized for the aircraft;

(b) The type and series numbers of the engines; and the type of the airscrews, showing number, pitch, diameter and constructor’s name;

(d) A table setting out all necessary information as to the adjustment and rigging of the aircraft structure, together with details of any peculiar rigging features;

(e) A fully detailed engineering record of the life of the aircraft, including all acceptance tests, overhauls, replacements, repairs and all work of a like nature, and all inspections made and certificates issued in respect of the aircraft.

Engine log.

82.—(1.) A separate engine log shall be kept for each engine and shall always accompany the engine.

(2.) The engine log shall contain the following particulars:—

(a) The type of the engine, series number, constructor’s name, international (or special) power and international (or special) number of revolutions of engine, date of production and date when first put into service;

(b) The registration mark and type of aircraft in which the engine has been installed; and

(c) A fully detailed engineering record of the life of the engine, including all acceptance tests, hours run, overhauls, replacements, repairs and all work of a like nature, and all inspections made and certificates issued in respect of the engine.

Journey log.

83. The journey log shall contain a description of the aircraft, and the following particulars shall be entered in respect of each journey:—

(a) The point of commencement and the terminal point of the journey,

(b) The names and duties of operating crew;

(d) Signal and wireless communications; and

(e) Particulars of navigation.

Signal log.

84. The signal log shall contain the following particulars:—

(a) The classification of the aircraft; its nationality and registration marks; the full name, nationality and residence of the owner;

(b) The place, date, and time of the transmission or reception of any signal, and an indication of the nature of the signal; and

Wireless log.

85. The wireless log shall contain the following particulars:—

(a) Description of the type and series number of the wireless telegraph apparatus installed in the aircraft, constructor’s name, date of production and when first put into service;

(b) Registration mark and type of aircraft in which the apparatus is installed; and (c) A fully detailed record of maintenance adjustments, repairs and tests in connexion with the functioning of the apparatus.

Airscrew log.

86. The airscrew log shall contain the following particulars in respect of each airscrew:—

(a) Name of manufacturer, diameter, number of blades, range of pitch adjustment, and in respect both of hub and blades, model number, serial number and type approval, including any particular restrictions imposed in respect of engine characteristics;

(b) Table of maximum and minimum pitch settings for each particular engine installation on which the airscrew is fitted; and

(c) A fully detailed engineering record of the life of the airscrew and accessories, including hours run, overhauls, replacements, repairs and all work of a like nature.

Pilot’s log.

87. The pilot’s log shall contain the following particulars:—

(a) The full name, address and date of birth of the pilot;

(b) The number of licence, date of expiration, date of last medical examination, and result;

(d) Past experience as a pilot; and

(e) A record of flights.

Part IX.—Wireless Telegraph Apparatus and Operators.

Wireless installation to be licensed.

88. Wireless telegraph apparatus shall not be installed on an aircraft without a special licence issued by the country whose nationality the aircraft possesses.

Carriage of wireless apparatus on aircraft.

89.—(1.) Every aircraft which is capable of carrying ten or more persons (including the operating crew) and is engaged in international air navigation and used in a public transport service shall be equipped with wireless telegraph apparatus capable of sending and receiving Morse or spoken messages and in condition for normal working during flight.

(2.) Every aircraft of a total maximum authorized weight of 4400 pounds or more which is engaged in international air navigation shall be equipped with wireless telegraph apparatus capable of sending or receiving Morse or spoken messages, in condition for normal working during flight, when it has to effect a journey—

(a) entirely by day for a projected distance of more than 100 miles without landing;

(b) entirely or partially by night; or

(c) in the course of which the aircraft will, at any point, be over the sea at a distance of more than 15 miles from any coast.

(3.) Every Australian aircraft used on a public transport service shall be equipped with wireless telegraph apparatus capable of sending and receiving Morse or spoken messages, and of receiving wireless transmissions arranged to provide aids for navigation and landing and in condition for normal working during flight:

Provided that the Minister may, if he thinks fit, exempt an aircraft either wholly or in part from the operation of this sub-regulation.

(4.) In the case of Australian aircraft, the wireless telegraph apparatus referred to in this regulation shall be of a type approved by the Board, its installation shall be approved by the Board, and it shall be used in accordance with any directions issued by the Board.

(5.) The wireless telegraph apparatus installed in an aircraft in pursuance of this regulation shall be maintained at all times in good order and condition, and shall be inspected and certified as efficient by an authorized person at such times as the Board directs.

Carriage of wireless operator.

90.—(1.) Every aircraft compulsorily fitted with wireless telegraph apparatus shall have on board during flight a person who is the holder of an appropriate licence as required by this Part unless the Board is satisfied that, owing to the absence of land radioelectric facilities available for air traffic, the employment of such apparatus would serve no useful purpose, and issues to the owner of the aircraft a certificate of exemption from the requirements of this regulation.

(2.) The radiotelegraph service of the station of an aircraft in respect of which the installation of wireless telegraph apparatus is compulsory under these Regulations may be carried out, whether or not such station participates in the international service of public correspondence, by the holder of a first or second class radiotelegraph operator’s licence issued by the Board.

(3.) The radiotelephone service of the station of an aircraft, whether or not such station participates in the international service of

public correspondence, and whatever the power of the installation may be with which the station is provided, may be carried out by the holder of a first class radiotelegraph operator’s licence:

Provided that, in the case of a station provided with a radiotelephone installation of a power of the carrier wave in the aerial not exceeding 100 watts, and when the station is used solely for telephony, the service may be carried out by an operator holding a second class radiotelegraph operator’s licence or a radiotelephone operator’s licence.

(4.) The radiotelegraph service of the station of an aircraft in respect of which the installation of wireless telegraph apparatus is not compulsory under these Regulations may be carried out by the holder of a third-class radiotelegraph operator’s licence (special certificate), provided that if the station participates in the international service of public correspondence it shall be necessary for the operator’s licence to be specially endorsed as required by Annex E to the Convention.

Call sign for aircraft.

91.—(1.) An aircraft engaged in international air navigation shall, when transmitting or receiving signals by radiotelegraphy or by any other method of communication, except visual signals when the Morse Code is not being used, use as its call sign the complete group of five letters constituting its nationality and registration marks preceded, in the case of radiotelephony, by the name of the owner of the aircraft:

Provided that, after communication has been established by means of the call sign, the aircraft may use an abridged sign as follows:—

(a) In the case of signals transmitted by radiotelegraphy, the first and last letters of the complete call sign of five letters may be used;

(b) In the case of signals transmitted by radiotelephony, the whole or part of the name of the owner of the aircraft followed by the last two letters of the complete call sign of five letters may be used.

(2.) An Australian aircraft not engaged in international air navigation shall, when transmitting or receiving signals by radiotelegraphy or radiotelephony, use as its call sign—

(a) in the case of signals by radiotelegraphy, the call sign as set out for radiotelegraphy in sub-regulation (1.) of this regulation;

(b) in the case of signals by radiotelephony, such call sign as the Board directs.

Aircraft to observe rules adopted by International Commission.

92.—(1.) Aircraft engaged in international air navigation shall, when flying above Australian territory, observe the “Regulations concerning the employment of radiocommunication apparatus in aircraft and the “Regulations for the international radioelectric service of air navigation” as adopted by the International Commission for Air Navigation.

(2.) Aircraft engaged in air navigation solely above Australian territory shall observe the rules contained in the publications referred to in sub-regulation (1.) of this regulation, subject to any modifications made by the Board in order to simplify and expedite the passage of messages and notified in Notices to Airmen.

Part X.—Investigation of Accidents.

Definitions.

93. In this Part—

“accident” means an accident occurring to an aircraft to which these Regulations apply between the time when the engine of the aircraft is started or the pilot takes his seat and the time when the aircraft and its engine are brought to rest; and

“forced landing” means any landing made by an aircraft to which these Regulations apply (including a landing on an aerodrome) which is rendered necessary through the failure or partial failure during flight of any part of the aircraft, including the engine, or through insufficiency of fuel.

Constitution of Air Accidents Investigation Committee.

94.—(1.) For the purpose of investigating accidents and forced landings, there shall be an Air Accidents Investigation Committee (in this Part referred to as “the Committee”) consisting of a Chairman and two members to be appointed by the Minister.

(2.) The Minister may, if he thinks it desirable, appoint one or more additional members to act as members of the Committee for the purpose of the investigation of any particular accident.

Accidents and forced landings to be reported.

95.—(1.) In the case of an accident or forced landing which occurs in Australian territory, and involves death or serious injury to any person or major damage to an aircraft, the owner, hirer or pilot shall forthwith send notice of the accident or forced landing to the Secretary by telegram.

(2.) In the case of any other accident or forced landing, which occurs in Australian territory, or any accident or forced landing involving an Australian aircraft which occurs outside Australian territory, the owner, hirer or pilot of the aircraft shall forthwith send notice in writing to the Secretary.

(3.) The Secretary shall, on receipt of notice of the accident or forced landing, report it to the Minister and to the Committee.

(4.) The notice required to be sent to the Secretary under this regulation shall state—

(a) the nationality and registration marks of the aircraft;

(b) the name of the owner and hirer (if any) of the aircraft;

(d) the place where the accident or forced landing occurred;

(e) the date and time when the accident or forced landing occurred;

(f) the nature and cause of the accident or forced landing;

(g) whether death or serious injury was caused by the accident or forced landing, and if so, to whom; and

(h) the nature and extent of the damage to the aircraft.

Aircraft not to be removed without permission.

96. Where an accident or forced landing occurs in Australian territory, and involves death or serious injury to any person carried in the aircraft—

(a) the aircraft shall not, except under the authority of the Committee, be removed or otherwise interfered with, until the expiration of three days after notice of the accident or forced landing has been given in accordance with these

Regulations, and the Committee may in any particular case direct that it shall not be removed or otherwise interfered with until the expiration of such longer period as the Committee specifies:

Provided that—

(i) the aircraft or any parts thereof may be removed or interfered with so far as is necessary for the purpose of extricating persons or animals involved, removing any mails carried by the aircraft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public;

(ii) if an aircraft is wrecked on the water, the aircraft and its contents may be removed to a place of safety;

(iii) goods or baggage may be removed from the aircraft under the supervision of an officer of police, but, in the case of an aircraft which has come from a place outside Australian territory the goods or baggage shall not be removed from the vicinity of the aircraft except on clearance by or with the consent of an officer of Customs;

(b) the Committee may authorize any person, so far as is necessary for the purpose of any investigation under these Regulations, to take measures for the preservation of the aircraft and to have access to, examine, remove or otherwise deal with the aircraft.

Committee may investigate accidents and forced landings.

97. The Committee may investigate any accident or forced landing with a view to determining the cause thereof and recommending to the Minister such action as the Committee considers should be taken to prevent recurrence.

Hearing of evidence in public.

98. If the Minister so directs, the sittings of the Committee for the purpose of hearing evidence in connexion with the investigation of any particular accident or forced landing shall be held in public.

Power to summon witnesses, &c.

99. For the purpose of the investigation of accidents or forced landings, the Committee may, by writing under the hand of the Chairman of the Committee, summon any person to attend before the Committee at a time and place named in the summons, and then and there to give evidence and to produce any books, documents, or writings in his custody or control which he is required by the summons to produce.

Power to examine witnesses.

100. Any of the members of the Committee may administer an oath to any person appearing as a witness before the Committee, whether the witness has been summoned or appears without having been summoned, and may examine the witness upon oath or upon affirmation.

Failure to attend as witness.

101. If any person served with a summons to attend before the Committee, whether the summons is served personally or by being left at his usual place of abode, fails without reasonable excuse to attend before the Committee, he shall be guilty of an offence.

Refusal to be sworn or produce documents.

102. If any person appearing as a witness before the Committee refuses to be sworn or to make an affirmation or to answer any question relevant to the investigation put to him by any member of the Committee, or refuses to produce any documents, books, or writings in his custody or control, he shall be guilty of an offence.

Giving false testimony

103. Any witness before the Committee who knowingly gives false testimony in any evidence given by him to the Committee shall be guilty of an offence.

Committee to have right of access to aircraft establishments.

104. For the purpose of the investigation of any accident or forced landing, the Committee shall have the right of access to any aircraft establishment, and of examination of any aircraft, equipment or process in that establishment.

Committee may authorize person to conduct an investigation.

105.—(1.) The Committee may, by writing under, the hand of the Chairman of the Committee, authorize any member of the Committee, or any person generally or specially appointed for the purpose by the Committee, to conduct an investigation into any matter connected with any accident or forced landing.

(2.) An investigation under this regulation shall be so conducted that if a charge is made or is likely to be made against any person, that person shall have an opportunity of being present and of making a statement, or giving evidence, and producing witnesses on his behalf.

(3.) Upon concluding his investigation the member or person authorized to conduct the investigation shall forward a report thereon in writing to the Chairman, Air Accidents Investigation Committee, covering the whole of the investigation made by him and shall forward with the report all signed statements or other documents which have come into his possession in the course of the investigation.

Police powers of State not affected.

106. Nothing in this Part shall be deemed to affect or restrict the exercise by any State Government of the Police powers of the State.

Part XI.—Aerodromes and Air Beacons.

Aerodrome licences.

107.—(1.) Upon application by the proprietor of any place, the Board may issue to him an aerodrome licence authorizing the use of the place as an aerodrome open to public use by aircraft to which these Regulations apply.

(2.) An aerodrome licence shall be issued subject to such conditions as the Board considers necessary to ensure compliance with the Convention and the safety of aircraft using the aerodrome.

(3.) The proprietor of any place shall not permit it to be used as an aerodrome open to public use by aircraft to which these Regulations apply except under the authority of, and in accordance with the conditions of, an aerodrome licence issued under this regulation.

(4.) Where any place in a Territory is used as an aerodrome by aircraft engaged in the carriage of passengers, but does not come within the terms of the last preceding sub-regulation, the proprietor of the place shall, if so required by the Board, take out an aerodrome licence under this regulation.

(5.) This regulation shall not apply to aerodromes under the control and management of the Board.

Compliance with requirements of Article 24 of Convention.

108. Aerodromes licensed under this Part and open to public use shall be open to any aircraft which possesses the nationality of a Contracting State, and the tariff of charges, including charges for landing and length of stay at such aerodromes, shall be applicable alike to Australian aircraft and foreign aircraft.

Compliance with rules as to lights, signals and air traffic.

109.—(1.) The rules contained in the First Schedule to these Regulations shall be observed in respect of all aerodromes licensed under this Part and all aerodromes under the control and management of the Board.

(2.) Any person who contravenes or fails to comply with any such rule shall be guilty of an offence.

Access of official aircraft to aerodromes.

110. All aircraft belonging to or employed in the service of His Majesty shall have access, at all times, to any licensed aerodrome.

Dangerous lights.

111.—(1.) Whenever any light is exhibited in the neighbourhood of an aerodrome open to public use by aircraft engaged in international air navigation or in air navigation within a Territory, or in the neighbourhood of an aerial lighthouse or beacon in a Territory, and, in the opinion of the Minister, the light is likely to endanger the safety of aircraft, whether by reason of glare, or by causing confusion with, or preventing clear reception of, the lights or signals prescribed in the First Schedule to these Regulations, the Minister may authorize a notice to be served upon the owner of the place where the light is exhibited or upon the person having charge of the light directing that owner or person, within a reasonable time to be specified in the notice, to extinguish or effectually screen the light and to refrain from exhibiting any similar light in the future.

(2.) The notice may be served either personally or by post or by affixing it in some conspicuous place near to the light to which the notice relates.

(3.) If any owner or person on whom a notice is served under this regulation fails, without reasonable cause, to comply with the directions contained in the notice, he shall be guilty of an offence.

(4.) If any owner or person on whom a notice under this regulation is served fails, within the time specified in the notice, to extinguish or effectually to screen the light mentioned in the notice, the Minister may authorize an officer, with such assistance as he requires, to enter the place where the light is and extinguish or screen the light, and may recover the expenses incurred by him in so doing from the owner or person on whom the notice has been served.

Part XII.—International Airways.

Aircraft arriving from, or leaving for, overseas.

112. An aircraft arriving in, or departing from, the Commonwealth or a Territory shall comply with the provisions of these Regulations and of all other laws for the time being in force in the Commonwealth or that Territory, and, in particular, with such of those laws as relate to the Customs and to quarantine and immigration.

Establishment of international airways.

113. An international airway shall not be established or a regular international air navigation line operated over through or into Australian territory without the express permission of the Minister.

Part XIII.—Suspension or Cancellation of Licences and Certificates.

Suspension or cancellation of licences and certificates by Board.

114.—(1.) Any licence or certificate issued under these Regulations may be suspended or cancelled by the Board whenever it is satisfied that such action is necessary or desirable in order to ensure compliance with the provisions of the Convention and of these Regulations, or in the interests of public safety.

(2.) Where any person is convicted of an offence against these regulations, the Board may suspend or cancel any licence or certificate issued to that person.

(3.) The suspension of a licence or certificate under this regulation may be for a specified period or pending further investigation.

(4.) The suspension or cancellation shall take effect immediately or from such time as the Board directs, and notice of the suspension or cancellation shall forthwith be given to the holder of the certificate or licence, together with a statement of the reason for the suspension or cancellation.

(5.) Within fourteen days after the receipt of the notice of suspension or cancellation, the holder of the licence or certificate may request the Board to revoke or vary the suspension or cancellation, and may submit a statement in writing setting forth the grounds upon which his request is based.

(6.) The Board shall consider the request and statement and any other evidence which it considers relevant to the matter, and shall confirm, revoke or vary the suspension or cancellation.

(7.) The Secretary shall forthwith forward to the holder of the licence or certificate notice in writing of the Board’s decision.

Application for reference of suspension or cancellation to Appeal Board.

115. If the holder of the licence or certificate is aggrieved by the Board’s decision as indicated in the notice forwarded to him in pursuance of sub-regulation (7.) of the last preceding regulation, he may, within fourteen days after the receipt of the notice, apply in the prescribed manner to have the question of the suspension or cancellation of his licence or certificate referred for consideration by an Appeal Board consisting of—

(a) the Controller-General of Civil Aviation or a member of the Board nominated by him (who shall act as Chairman);

(b) an officer of the Attorney-General’s Department qualified to practice as a barrister or solicitor of the High Court or the Supreme Court of a State, who shall be nominated by the Attorney-General or by the Solicitor-General, either in respect of a particular appeal or in respect of appeals to be heard in any State or Territory; and

(c) a person having knowledge and experience of air navigation, who shall be nominated by the Minister, either in respect of a particular appeal or in respect of appeals to be heard in any State or Territory, but shall not be an employee of the Commonwealth.

Manner of making application for reference to Appeal Board.

116. An application under the last preceding regulation shall be in writing signed by the holder of the licence or certificate, and shall be lodged with the Secretary together with a deposit of Twenty pounds.

Consideration of question of suspension or cancellation by Appeal Board.

117.—(1.) The Appeal Board shall fix a time and place for consideration of the question of the suspension or cancellation of the licence or certificate, and the Secretary shall give notice thereof to the holder of the licence or certificate, who may appear before the Board and submit evidence in support of his request that the suspension or cancellation should be revoked or varied, or may submit a statement in writing for consideration by the Board.

(2.) If the holder of the licence or certificate so requests, or the Appeal Board so directs, the hearing shall be open to the public.

(3.) The Appeal Board shall consider the evidence or statement submitted by the holder of the licence or certificate and any evidence submitted on behalf of the Civil Aviation Board, and may confirm, vary or reverse the decision of that Board.

(4.) If the members of the Appeal Board are divided in opinion as to the decision to be given, the question shall be decided according to the decision of the majority.

(5.) The decision of the Appeal Board shall be final.

(6.) If the Appeal Board does not confirm the decision of the Board, the sum of Twenty pounds deposited under the last preceding regulation by the holder of the licence or certificate shall be returned to him.

(7.) If the Appeal Board confirms the decision of the Board, the sum of Twenty pounds deposited by the holder of the licence or certificate shall be forfeited and paid into the Consolidated Revenue Fund unless the Appeal Board otherwise directs.

Entries and endorsements relating to suspension or cancellation.

118. When any licence or certificate has been suspended or cancelled by the Board, and—

(a) the holder of the licence or certificate has not, within the prescribed time, taken action in accordance with these Regulations to have the suspension or cancellation revoked or varied, or

(b) upon the conclusion of the prescribed procedure relating to such revocation or variation, the decision of the Board has been confirmed or varied,

an appropriate entry shall be made in any register in which particulars relating to the licence or certificate are entered, and a note of the suspension or cancellation shall be endorsed on the licence or certificate.

Liability for claims arising out of the cancellation or suspension of certificates.

119. The Commonwealth or the Board shall not be liable for any expense incurred, or claims made, because of or arising out of the cancellation or suspension of any certificate or licence issued by the Board under these Regulations.

Part XIV.—Miscellaneous.

Applications for licences, &c., and fees.

120. Every application for the issue or renewal of any licence, certificate, permit, authority or other document under these Regulations shall be made to the Secretary, and, where necessary, shall be accompanied by such fee to cover expenditure in connexion therewith as is specified in the Second Schedule to these Regulations.

Licences, &c., not to be issued to aliens.

121. Unless the Board otherwise directs, a licence or certificate required under these Regulations shall not be issued to any person who is not a British subject.

Surrender of documents.

122.—(1.) The Board may by notice in writing require the holder of any licence, certificate or other document issued under these Regulations, or any person having the possession or custody of any such

licence, certificate or document, to surrender to the Board, within the time specified in the notice, any such licence, certificate or document for cancellation, suspension, endorsement or variation in accordance with the provisions of these Regulations.

(2.) Any person who fails to comply with any such requirement within the time so specified shall be guilty of an offence against these Regulations.

Production of licences, &c., and log-books.

123.—(1.) Any person required under these Regulations to be the holder of a licence or permit shall, on demand, produce his licence or permit, and, in the case of a pilot, his pilot’s log-book, for inspection by any person authorized for the purpose by the Board.

(2.) The owner, hirer or person in charge of any aircraft shall, on demand, produce or cause to be produced for inspection by any person authorized for the purpose by the Board, any certificates, licences or log-books relating to the aircraft and, if it carries passengers or goods, the list of names of the passengers or the bills of lading and the manifest, as the case may be.

Access of authorized persons to aerodromes, aircraft, &c.

124. Any authorized person shall, at all reasonable times, have access to any place to which access is necessary for the purpose of carrying out any powers and functions vested in him in pursuance of these Regulations, and in particular—

(a) shall have access at all times to any licensed aerodrome for the purpose of inspecting the aerodrome;

(b) shall, during the construction, overhaul, modification, repair or assembly of an aircraft to which these Regulations apply, have access at all times during working hours to—

(i) those portions of the workshops in which the aircraft or any part thereof is being constructed, overhauled, modified, repaired or assembled; and

(ii) the drawings of the aircraft or of any such part;

Liability for damage to aircraft during official tests.

125. The Board or an officer shall not be liable for any loss or damage to an aircraft which occurs while the aircraft is in the custody of the Board for the purpose of official flying trials or other official tests, or in the course of transit to and from the place fixed for those trials or tests, or during any inspection by an officer in pursuance of these Regulations.

Precautions prior to flying.

126. Before commencing any flight, the pilot or commander of an aircraft shall satisfy himself that the aircraft is safe for flight in all respects as required by these Regulations.

Flights over the sea.

127. An Australian aircraft other than a seaplane or an amphibian shall not leave Australian territory on a flight over the sea, whilst carrying passengers, if at any time during the flight the aircraft will be at a distance greater than twenty-five miles from the coast, unless permission for the flight has been obtained from the Board prior to the commencement of the flight, and shall not enter Australian territory after having made any such flight without the permission of the Board.

Smoking on aircraft.

128.—(1.) Whenever an aircraft is carrying passengers, the owner of the aircraft shall cause to be exhibited and to be kept exhibited in a conspicuous place in the aircraft a legible notice stating whether, or to what extent, smoking is permitted in the aircraft.

(2.) Any such notice shall not state that smoking is permitted in the aircraft unless, or except in so far as, smoking therein is authorized by the aircraft’s certificate of airworthiness.

(3.) A person shall not smoke in any such aircraft unless, or except in so far as, smoking is stated by the notice to be permitted.

Imperiling the safety of aircraft.

129. A person shall not commit any act, whether by interference with any member of the operating crew, or by tampering with the aircraft or its equipment, or by disorderly conduct or otherwise, which is likely to imperil the safety of any aircraft or its passengers or crew.

Carriage on the wings, undercarriage, &c.

130. A person shall not be carried on the wings or undercarriage of any aircraft or on or in any other part of the aircraft which is not designed for the accommodation of the operating crew or passengers, or on or in anything attached to the aircraft:

Provided that nothing in this regulation shall prevent a member of the operating crew having temporary access to—

(a) any part of the aircraft for the purpose of executing repairs or adjustments to the aircraft or its equipment, or for the purpose of doing anything which may be necessary for the safety of the aircraft or of any persons or goods carried therein; or

(b) any part of the aircraft in which goods or stores are being carried and to which proper means of access is provided.

Intoxicated persons not to act as pilots, &c., or be carried on aircraft.

131.—(1.) A person shall not, while in a state of intoxication, enter or be in any aircraft.

(2.) A person acting as a member of the operating crew of an aircraft or carried in the aircraft for the purpose of so acting, shall not, while so acting or carried, be in a state of intoxication or in a state in which, by reason of his having taken or used any sedative, narcotic or stimulant drug or preparation, his capacity so to act is impaired.

Parachute descents.

132.—(1.) Except in a case of emergency or in accordance with the conditions contained in a permit issued by the Board, a person shall not descend from an aircraft by means of a parachute.

(2.) A permit under this regulation may at any time be cancelled by the Board by notice to the holder of the permit.

Alighting on private property, &c.

133. Nothing in these Regulations shall be construed as conferring on any aircraft, as against the owner of any land or any person interested therein, the right to alight on that land, or as prejudicing the rights or remedies of any person in respect of any injury to persons or property caused by the aircraft.

Patent rights.

134. The issue of a licence or certificate by the Board under these Regulations shall not relieve the licensee or holder of the certificate of any responsibility for any infringement of any patent for an invention, but an aircraft which possesses the nationality of a Contracting State shall be exempt from seizure on the ground of infringement of

patent, design or model, subject to the deposit of security the amount of which, in default of amicable agreement, shall be fixed by the Minister or some person thereto authorized by the Minister.

Offences and penalties.

135.—(1.) Where an aircraft flies in contravention of, or fails to comply with, any of these Regulations (including the rules contained in the First Schedule to these Regulations) the owner or hirer of the aircraft (if other than the Crown) and the pilot or commander in charge of the aircraft shall be guilty of an offence against these Regulations.

(2.) Any person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence against these Regulations.

(3.) Any person who obstructs or impedes any other person acting in the exercise or performance of any powers or duties conferred on him by or under these Regulations shall be guilty of an offence against these Regulations.

(4.) Unless it is otherwise expressly provided, the penalty for an offence against these Regulations shall be a fine not exceeding Two hundred pounds or imprisonment for any term not exceeding six months, or both.

(5.) It shall be a good defence to any proceedings for an offence against these Regulations if the offence is proved to have been due to stress of weather or other unavoidable cause.

(6.) It shall be a good defence to any proceedings against the owner, hirer, pilot or commander of an aircraft for an offence against these Regulations to prove that the offence took place without his actual fault or privity.

Proof of certificates and signatures in court proceedings.

136.—(1.) In any proceedings under these Regulations in any Court—

(a) any certificate, notice or other document bearing the written, stamped or printed signature of the Secretary shall, until the contrary is proved, be deemed to have been duly signed by the person by whom it purports to have been signed; and

(b) any such certificate certifying to—

(i) the registration or non-registration, suspension or cancellation of registration of any aircraft;

(ii) the issue or non-issue, suspension or cancellation of the certificate of airworthiness of any aircraft;

(iii) the licensing or non-licensing, suspension, cancellation or endorsement of licences of persons under these Regulations;

(iv) the licensing or non-licensing of aerodromes or air lines; or

(v) the issue or non-issue of any permit, permission or authority required by these Regulations,

shall be prima facie evidence of the facts stated in the certificate.

(2.) Judicial notice shall be taken of such signature and of the fact that the person whose signature it purports to be holds or has held the office of Secretary to the Civil Aviation Board.

Returns.

137. The owner or hirer of any aircraft shall furnish to the Board such statistical returns or other information relating to the aircraft and the crew thereof, to passengers and goods carried, and to journeys made by the aircraft as the Board from time to time requires.

THE SCHEDULES.

The First Schedule.

RULES AS TO LIGHTS AND SIGNALS AND RULES FOR AIR TRAFFIC.

Part I.—Preliminary.

Interpretation.

1.—(1.) In this Schedule, unless the contrary intention appears—

“by day” means between sunrise and sunset;

“by night” means between sunset and sunrise;

“landing” includes alighting on water and “to land” has a corresponding meaning;

“landing area” means that part of an aerodrome which is reserved for the departure and landing of aircraft;

“plane of symmetry,” in relation to an aircraft, means the plane of symmetry passing through the longitudinal axis of the aircraft;

“rule” means a rule contained in this Schedule;

“visible,” in relation to lights, means visible on a dark night with a clear atmosphere.

(2.) For the purposes of this Schedule, an aircraft shall be deemed to be—

(a) “on the surface of the water” when any part of the aircraft is in contact with the water;

(b) “under way” if, being in the air or on the surface of the water, it is not moored to the ground or to any fixed object on the land or in the water;

(c) “making way” if, being under way in the air or on the surface of the water, it has a velocity relative to the air or the water, as the case may be; and

(d) not “under control” when it is unable to manœuvre as required by the rules contained in this Schedule or by the regulations for preventing collisions at sea.

(3.) In this Schedule, unless the contrary intention appears, the prescribed angular limits, as shown in the sketch plan of lights hereunder, shall be determined when the aircraft is in its normal attitude for flying on a rectilinear horizontal course.

SKETCH PLAN OF LIGHTS

(4.) Where any rule in this Schedule contains a provision similar to a provision contained in a rule contained in Annex D to the Convention, but a distance which in the lastmentioned rule is expressed in kilometres, metres or centimetres (as the case may be) is in the firstmentioned rule expressed in miles, feet or inches, an aircraft which, in respect of that distance, complies with the rule in Annex D shall also be deemed to comply with the rule contained in this Schedule.

Part ii.—Rules as to Lights and Visual Signals to be Displayed by Aircraft and Sound Signals to be Made by Aircraft.

Division I.—Preliminary.

Compliance with rules as to lights.

2.—(1.) The provisions of these Rules with respect to lights to be displayed by aircraft shall be complied with in ail weathers during the period from sunrise to sunrise.

(2.) During such period, no other lights shall be displayed which may be mistaken for the lights required to be displayed in pursuance of this part.

(3.) The lights required to be displayed shall not be dazzling.

Failure of lights.

3.—(1.) In the event of the failure of any light which is required by the rules of this Part to be displayed by aircraft in flight, the aircraft concerned shall, if the light cannot immediately be repaired or replaced, land as soon as it can do so without danger.

(2.) Where, owing to the difficulty of producing lamps to meet the requirements of the rules of this Part as regards sector lights, an overlap of these lights is unavoidable, the overlap shall be kept as small as possible, and a light shall be visible in every sector.

Special rules for government aircraft, &c.

4.—(1.) Nothing in the rules contained in this Part shall interfere with the operation of any special rules prescribed with respect to additional signal or station lights for aircraft exclusively employed in the service of the Commonwealth or a State or aircraft in group formation, or with respect to the exhibition of recognition signals adopted by owners of aircraft.

Division 2.—Lights and Visual Signals to be Displayed by Aircraft.

Mechanically-driven aerodynes in the air or on the landing area.

5.—(1.) Every mechanically-driven aerodyne, whether in the air or on the landing area of a land aerodrome, shall display lights as prescribed by this rule.

(2.) The aerodyne shall display, on the right side, a green light, fixed so as to show an unbroken light visible at a distance of at least 5 miles throughout a dihedral angle of 110° formed by two vertical planes, one of which is parallel to the plane of symmetry and directed dead ahead, and the other is directed to the right.

(3.) The aerodyne shall display, on the, left side, a red light, fixed so as to show an unbroken light visible at a distance of at least 5 miles throughout a dihedral angle of 110° formed by two vertical planes one of which is parallel to the plane of symmetry and directed dead ahead and the other is directed to the left.

(4.) The aerodyne shall display, at the rear, a white sight, fixed so as to show astern an unbroken light visible at a distance of at least 3¼ miles throughout a dihedral angle of 140° formed by two vertical planes and bisected by the plane of symmetry.

(5.) In the case where, in order to fulfil the above conditions, the single light has to be replaced by several lights, the field of visibility of each of these lights shall be so limited that only one can be seen at a time.

(6.) In the case of an aerodyne with a maximum span of less than 65 feet, the lights prescribed in this rule may be combined in one or more lamps placed centrally, provided that the requirements of this rule as to colour and visibility are fulfilled.

Mechanically-driven aerodynes under way on the surface of the water.

6.—(1.) Every mechanically-driven aerodyne under way on the surface of the water shall display lights as prescribed by this rule.

(2.) If the aerodyne is under control, and is not being towed, the aerodyne shall display the lights as specified in rule 5 and in addition, forward, a white light fixed so as to show forward an unbroken light visible at a distance of at least 3¼ miles throughout a dihedral angle of 220° formed by two vertical planes and bisected by the plane of symmetry.

(3.) If the aerodyne is being towed, the aerodyne shall display the lights specified in rule 5.

(4.) If the aerodyne is not under control, the aerodyne shall display two red lights, placed where they can best be seen, one vertically over the other not less than 3½ feet apart and both visible so far as practicable all round the horizon at a distance of at least 2 miles and, in addition—

(a) if it is making way, the lights specified in rule 5; or

(b) if it is not making way, the lights specified in sub-rule (4.) of rule 5.

(5.) If the aerodyne is towing another aerodyne, the towing aerodyne shall display the lights specified in rule 5 and in addition, forward, two white lights placed where they can best be seen, one vertically over the other, not less than 6 feet apart, and visible at a distance of at least 3¼ miles throughout a dihedral angle of 220° formed by two vertical planes and bisected by the plane of symmetry.

Mechanically driven aerodynes at anchor or moored on the surface of the water.

7.—(1.) Every mechanically-driven aerodyne, whether at anchor or moored on the surface of the water, shall display lights as prescribed by this rule.

(2.) In every case, the aerodyne shall display, forward centrally where it can best be seen, a white light, visible all round the horizon at a distance of at least 1¼ miles.

(3.) If the aircraft is 147 feet or upwards in length, the aircraft shall display a white light at or near its stern at a lower height than the forward light, and visible all round the horizon at a distance of at least 1¼ miles.

(4.) If the maximum lateral dimension of the aircraft is 147 feet or more, the aircraft shall display, in addition to any other lights required by this rule, a white light on each side placed in such a manner as to demarcate the maximum lateral dimension of the aircraft, and visible so far as practicable all round the horizon at a distance of at least 1¼ miles.

Gliders.

8. In all cases in which, under the rides contained in this Part mechanically-driven aerodynes are required to display lights, gliders shall display a red light visible so far as practicable in all directions.

Free balloons.

9. A free balloon shall display a red light placed at least 16½ and at most 32 feet below the basket and visible, so far as practicable in all directions, at a distance of at least 2½ miles.

Captive balloons and kites.

10.—(1.) A captive balloon or a kite, when flown at an altitude exceeding 190 feet above the ground, or at any altitude if it is less than 3 miles from an aerodrome or from a recognized air route, shall display a white light placed 13 feet vertically above a red light, these lights being visible so far as practicable in all directions at a distance of at least 2½ miles. The white light shall be placed at least 16½ and at most 32 feet below the basket or, if there is no basket, below the lowest part of the balloon or kite.

(2.) In addition to the lights specified in sub-rule (1.) of this rule, there shall be displayed, from the mooring cable, at intervals of 1,000 feet measured from the group of two lights prescribed in that sub-rule, similar groups of two lights, white and red. If the lowest group of lights is obscured by clouds, one additional group shall be displayed below the cloud base.

(3.) The position of the object to which the balloon or kite is moored on the ground shall in addition be marked by a group of three flashing lights arranged on a horizontal plane at the apexes of a triangle approximately equilateral and measuring at least 83 feet on each side. The side of this triangle, perpendicular to the horizontal projection of the cable, shall be delimited by two red lights; the third light shall be a green light placed opposite the direction of the cable.

(4.) By day, the mooring cable of a captive balloon shall have attached to it at intervals of not more than 650 feet measured from the basket or, if there is no basket, from the lowest part of the balloon, tubular streamers not less than 16 inches in diameter and 7 feet long, and marked with alternate bands of white and red, 20 inches in width.

(5.) By day, the mooring cable of a kite shall be marked—

(a) in the manner prescribed in the last preceding sub-rule for the mooring cable of a captive balloon; or

(b) by streamers of stout, paper at intervals of 330 feet measured from the lowest part of the kite, the streamers being at least 32 inches long and at least one foot wide at their widest part and marked with alternate bands, 4 inches in width, of white and red.

(6.) By way of exception to the provisions of this rule, the Board may authorize captive balloons and kites used for meteorological observations, which,

owing to their insufficient static lift, cannot display the lights and signals prescribed in this rule, to be flown, but only over areas which are notified as danger areas in Notices to Airmen, in every case the position of the object to which the balloon or kite is moored to the ground shall be marked as provided for in sub-rule (3.) of this rule.

Airships under way.

11.—(1.) Except as provided in rule 12, an airship when under way shall display lights as prescribed by this rule.

(2.) The airship shall display, forward, a white light, fixed so as to show forward an unbroken light visible at a distance of at least 5 miles throughout a dihedral angle of 220° formed by two vertical planes and bisected by the plane of symmetry.

(3.) The airship shall display, on the right side, a green light, fixed so as to show an unbroken light visible at a distance of at least 5 miles throughout a dihedral angle of 110° formed by two vertical planes, one of which planes is parallel to the plane of symmetry and directed dead ahead, and the other is directed to the right.

(4.) On the left side, the airship shall display a red light, fixed so as to show an unbroken light visible at a distance of at least 5 miles throughout a dihedral angle of 110° formed by two vertical planes, one of which planes is parallel to the plane of symmetry, and directed dead ahead, and the other is directed to the left.

(5.) At the rear, the airship shall display a white light fixed so as to show astern an unbroken light visible at a distance of at least 3¼ miles throughout a dihedral angle of 140° formed by two vertical planes and bisected by the plane of symmetry.

(6.) In the case where, in order to fulfil the requirements of this rule, the single light has to be replaced by several lights, the field of visibility of each of these lights shall be so limited that only one can be seen at a time.

Airships under way but not under control, &c.

12.—(1.) An airship which is under way, and which is not under control, or which has voluntarily stopped its engines, or which is being towed, shall display the forward and rear lights specified in sub-rules (2.) and (5.) of rule 11 and, in addition, below the airship, two red lights placed one vertically below the other, 13 feet apart, the top light being 26 feet below the control car and both visible, so far as practicable, in all directions at a distance of not less than 2½ miles.

(2.) In addition to the lights specified in the last preceding sub-rule, the airship shall, if making way, but not otherwise, display the side lights specified in sub-rules (3.) and (4.) of rule 11.

(3.) By day, the airship shall display two black balls or shapes, each at least 24 inches in diameter placed one vertically below the other 13 feet apart, the upper one being 26 feet below the control car, and both visible so far as practicable in all directions. Where necessary, to comply with these conditions, these signals may be duplicated

Moored airships.

13.—(1.) An airship when moored to a mooring mast shall display at or near the rear a white light visible so far as practicable in all directions at a distance of at least 3¼ miles.

(2.) Every airship moored to the ground or the surface of the water by a cable shall display forward the white light specified in sub-rule (2.) of rule 11, and at the rear, the white light specified in sub-rule (5.) of rule 11. In addition, the airship and the mooring cable shall be lighted or marked in accordance with the requirements of rule 10 for a captive balloon.

(3.) An airship while picking up its moorings shall, although under way and not being under control, display only the lights specified in rule 11, until it is finally made fast.

Division 3.—Sound Signals.

Signals in fog, &c.

14. In fog, mist, falling snow or heavy rainstorm, whether by day or night, an aircraft on the water shall make the following sound signals:—

(a) If not anchored or moored, a sound at intervals of not more than two minutes, consisting of two blasts of about five seconds’ duration with an interval of about one second between them: or

(b) If at anchor or moored, the rapid ringing of an efficient bell or gong for about five seconds, at intervals of not more than one minute.

Part III—Rules as to Ground Markings and Signalling.

Division 1.—Preliminary.

15. The ground markings, lights and signals mentioned in this Part shall not be used to indicate any fact other than those mentioned in this Part.

Division 2.—Ground Markings, Lights and Signals at and in the Vicinity of Aerodromes open to Public Use.

Marking of land aerodromes.

16. At every land aerodrome open to public use, the following requirements shall be complied with:—

(1) The boundaries of the landing area shall, by means of suitable markings, be rendered clearly visible both to aircraft in the air and to aircraft manœuvring on the landing area.

(2) A marking in the form of a circle shall be placed on or near the centre of the landing area.

(3) All obstructions existing on the landing area shall be clearly marked.

(4) In the event of any part of the marked landing area becoming unfit for use, the part unfit for use shall be delimited by clearly visible ground markings or flags.

Wind indicators and special ground markings at aerodromes.

17. At every aerodrome open to public use the following requirements shall be complied with:—

(1) The direction of the wind at the landing area shall be clearly indicated by one or more of the following methods, namely, a landing T, conical streamer (wind sleeve) or smudge fire indicating wind direction.

(2) If there is a landing T—

(a) it shall indicate the compulsory direction for landing and taking-off, even should such direction not correspond to the direction of the wind;

(b) normally, the landing T shall be so placed that the shaft of the T lies along the direction of the wind, with the cross arm set at that end of the shaft from which the wind is blowing;

(c) in the event of there being no wind or a slight irregular wind, the landing T may be fixed in the direction in which landing or departure is to be made, and the fact that it is fixed shall be signalled by the presence of a ball, mounted on a mast on the signal area and clearly visible both to aircraft in flight and to those manœuvring on the landing area.

(3) When, by way of exception, at certain aerodromes the landing area is, with the approval of the Board, to be regarded as divided into two approximately equal zones, one for departure and the other for landing, as provided for in rule 57 of this Schedule, this special arrangement shall be indicated by a full star of five points (constituted by a regular non-convex pentagon which could be inscribed in a circle of not less than 50 feet diameter) as illustrated below—

(4) When, in conformity with rule 49 of this Schedule, the Board, in respect of any specified aerodrome, temporarily suspends, either wholly or in part, the application of the rules contained in Part VI. of this Schedule, such suspension shall be indicated by a red square panel, placed horizontally, each, side of which measures at least ten feet, as illustrated below—

(5) If, during this temporary suspension of the rules, it is prescribed in addition that circuits outside the landing area and those for taking off and landing, which are referred to in rule 51 and rule 55 of this Schedule, must be right-handed, the red square panel, prescribed in paragraph (4) of this rule shall, along two of its sides be bordered by a red rectangular panel at least 3½ feet in width, separated from the central panel by at least 3½ feet. At the extremity of one of the rectangular panels shall be placed a red triangle so as to indicate that the direction of the circuit must be right-handed, as illustrated below—

Provided that if the only object of this temporary suspension of the rules is that the circuits outside the landing area and those for taking off and landing must be right-handed, the red square panel shall not be displayed.

(6) When special circumstances call for a prohibition to land liable to be prolonged, the fact shall be indicated by a red square panel, placed horizontally, each side of which measures at least 10 feet and the diagonals of which are covered by yellow strips at least 20 inches in width, arranged in the form of an X, as illustrated below—

(7) When the bad state of the landing area or any other reason calls for the observance of certain precautions in landing, that fact may be indicated by a red square panel, placed horizontally, each side of which measures at least 10 feet and one of the diagonals of which is covered by a yellow strip at least 20 inches in width, as illustrated below—

(8) When a landing by means of a radioelectric guide is taking place, that fact may be signalled by hoisting on a mast a yellow triangular equilateral pyramid, each side of which measures at least 7 feet as illustrated below—

(9) The use of the signals provided for in paragraphs (7) and (8) of this rule is optional.

(10) The signals mentioned in this rule shall be placed, so far as practicable, in a special part of the aerodrome selected as a signal area; by way of exception the wind indicators and the landing T referred to in paragraphs (1) and (2) of this rule may be located elsewhere on the, aerodrome.

Operation of night lighting by day when visibility poor.

18. At every aerodrome open to public use during periods of poor visibility, the lights existing on the lauding area for night lighting shall be operated by day whenever possible and in so far as necessary.

Aerodromes used for night flying.

19. At every aerodrome open to public use and used for night flying, the following provisions shall apply during the working hours of the night service:—

(a) As to dangerous lights—

Lights, which might endanger the safety of aircraft, whether by reason of glare, or by causing confusion with or preventing clear visual reception of the lights or signals prescribed in this Schedule, shall not be exhibited at or in the neighborhood of an aerodrome.

(b) As to aerodrome beacon—

The position of the aerodrome may be indicated by a luminous beacon.

Lighting for night flying at land aerodromes open to public use.

20. At every laud aerodrome open to public use and used for night flying, the following provisions shall apply during the working hours of the night service:—

(a) As to lighting of obstructions—

Fixed red lights shall be exhibited—

(i) on all obstructions within the landing area which constitute a danger to aircraft moving on the landing area;

(ii) as far as possible, on all obstructions within 1,100 yards of the boundary of the landing area and constituting a danger to aircraft approaching or leaving the aerodrome in a normal manner. Where it is not possible to exhibit fixed red lights on such obstructions, the horizontal projection and the centre of the obstruction shall, as far as possible, be clearly indicated by synchronized red flashing or occulting lights, placed on a level with or near to the ground.

(b) As to lighting of landing T and of wind indicators—

The landing T, if used, and at least one of the wind indicators, shall be illuminated with fixed lighting, preferably white.

The signals displayed in the signal area shall be suitably illuminated.

(d) As to lighting of landing area—

The landing area or the part of the landing area on which landings should be made shall be illuminated during landing manoeuvres either by—

(i) a floodlight or floodlight system; or

(ii) one of the following methods:—

First method.—A line of lights spaced 55 yards apart shall be placed on the ground, consisting of a central section of six white lights to indicate that landings should be made on the adjacent portion of the landing area and on either side of this line. Two green lights shall be placed at one end and two red lights at the other end of the line of white lights to indicate that landings should be made from the direction of the green lights towards the red lights.

Second method.—Lights shall be placed on the ground in the form of a T, the shaft of which shall be composed of at least four lights in a line not less than 275 yards in length. The light at the foot of the T shall indicate the place where the aerodyne should first make contact with the ground and the cross arm of the T shall indicate the place where it should finish its run. Landings may be made on either side of the long arm of the T, but always parallel to that arm: Provided that, in the event of the area situated, on either side of the shaft of the T becoming obstructed, the light indicating the cross arm of the T on that side shall be removed and landing shall be effected on the opposite side.

The direction of landing and take-off shall be given by the two alternative methods referred to above. The landing T shall not, therefore, be used.

(e) As to approach lighting—

The most favorable sectors of approach to the landing area may be indicated by green lights.

(f) As to boundary lighting—

The boundary of the landing area shall be marked by fixed yellow orange lights, normally laid out 110 yards apart:

Provided that—

(i) when there are obstructions on tire boundary of the landing area, the lights serving to mark such obstructions may take the place of boundary lights;

(ii) when the boundary lights are in the form of strips the colour may be red;

(iii) when local conditions render unavoidable the use of gas boundary lights they may be given an intermittent character;

(iv) when the boundary of the landing area cannot be marked, only the extremities of such landing area between which aircraft may move without danger shall be indicated by fixed yellow-orange lights.

Lighting for night flying at water aerodromes open to public use.

21. At every water aerodrome open to public use and used for night flying, the provisions of rule 20 of this Part shall apply, except in cases where compliance therewith is obviously impossible.

Division 3.—Distress, Urgency and Safety Signals.

Transmission of signals.

22. The following general provisions shall apply to all distress, urgency and safety signals:—

(a) The signals in this Division shall be transmitted only with the authorization of the commander or person responsible for the aircraft.

(b) When these signals are sent by radiotelegraphy or radiotelephony, the group or spoken expression shall be sent three times and followed by the group DE and the call-sign, also sent three times, of the aircraft which sends it. In the case of “safety” messages, the frequency to be employed is that for “distress” messages.

Distress signals.

23. When an aircraft is threatened by grave and imminent danger and requests immediate assistance, the following signals shall be used or displayed, either together or separately, before the sending of a message:—

(a) By radiotelegraphy, the signal SOS (···---···).

(When this signal is sent by radiotelegraphy on 500 kc/s (600 m.), it shall, when possible, in order to be received by automatic maritime apparatus, be followed by the automatic alarm signal consisting of a series of twelve dashes of four seconds each, separated by an interval of one second.)

(b) By radiotelephony, the spoken expression “Mayday” (corresponding to the French pronunciation of the expression “m’aider”).

(i) The signal SOS (··· --- ···) made with signalling apparatus;

(ii) A succession of red pyrotechnical lights fired at short intervals;

(iii) The two-flag signal corresponding to the letters NC of the International Code of Signals;

(iv) The distant signal, consisting of a square flag having, either above or below it, a ball or anything resembling a ball.

(d) By sound signalling—

(i) The signal SOS (··· --- ···) made with any sound apparatus;

(ii) A continuous sounding with any sound apparatus.

The signals referred to in sub-paragraphs (iii) and (iv) of paragraph (c), and sub-paragraph (ii) of paragraph (d), of this rule are normally for use by seaplanes on the surface of the water, but they may also be used by aircraft in the air.

Urgency signals.

24.—(1.) When an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance, the following signals shall be used, either together or separately, before the sending of a message:—

(a) By radiotelegraphy, the group PAN (·--· ·- -·) sent with the letters well separated so that the signals A N may not be transformed into one signal P.

(b) By radiotelegraphy—

(i) the spoken expression P A N (corresponding to the French pronunciation of the word “panne”) ;

(ii) in cases where, owing to the rapidity of the manœuvres to be executed, the aircraft is unable to transmit the intended message by radiotelegraphy or radiotelephony, the signal P A N not followed by a message retains this meaning,

(i) by day, a succession of white pyrotechnical lights;

(ii) by night, a succession of white pyrotechnical lights or a succession of short and intermittent flashes with the navigation lights.

(2.) When an aircraft has a very urgent message to transmit concerning its own safety or that of an aircraft, ship or other vehicle, or the safety of any person on board or within sight, the following signals, which as a general rule should be addressed to a specific authority, shall be used, either together or separately, before the sending of the message:—

(a) By radiotelegraphy, the group XXX (-··- -··- -··-) with the letters of each group and the successive groups clearly separated from each other;

(b) By visual signalling, a succession of green pyrotechnical lights, or a succession of green flashes made with signalling apparatus.

Safety signals.

25. When an aircraft is about to transmit a message concerning the safety of navigation or giving important meteorological warnings, the following signals shall be used, either together or separately, before the sending of a message:—

(a) by radiotelegraphy, the group T T T (- - -), with the letters of each group and the successive groups clearly separated from each other.

(b) By radiotelephony, the French word “Securite” (corresponding to the English pronunciation of the syllables Say-cure-e-tay ).

Division 4.—Other Signals to or from Aircraft.

Visual signals to be used by the officer controlling traffic.

26.—(1.) At aerodromes open to public use, when there is an officer controlling the traffic, the provisions of this rule shall apply.

(2.) By day and by night the officer controlling the traffic shall, except as permitted by sub-rule (3.) of this rule, use the following visual signals:—

(a) To authorize movement on the landing area, other than authorization to take-off, the officer controlling the traffic shall direct at the aircraft an intermittent white luminous beam;

(b) To authorize taking off, the officer, controlling the traffic shall direct at the aircraft a continuous white luminous beam;

(c) To prohibit taking-off or any movement on the landing area, the officer controlling the traffic shall direct at the aircraft an intermittent red luminous beam;

(d) The signals referred to in paragraphs (a), (b) and (c) of this sub-rule may be preceded by the last three letters of the registration group of the aircraft to which the signal is addressed; these three-letters shall be sent in the International Morse Code, by using a luminous beam of the same colour as the signal which is to be sent.

(3.) By day, when there is an officer controlling the traffic, he may use the following signals:—

(a) To authorize movement on the landing area, other than authorization to take off, he shall wave a small white flag in the direction to be followed, as shown in the diagram below:—

(b) To authorize taking off, he shall lower a small white flag in the direction of taking off, as shown in the diagram below:—

(c) To prohibit taking-off or movement towards the taking-off point, he shall raise a small red flag As shown in the diagram below:—

(d) To prohibit landing, he shall wave a small red flag vertically above his head, as shown in the diagram below:—

Voluntary landings at aerodromes at night.

27.—(1.) At aerodromes, open to public use and having a ground control, an aircraft wishing to land at night, without being compelled to do so shall, before landing, ask permission to land by a signal made either by radiotelegraphy or radiotelephony or by means of a lamp or a projector. The use of the navigation lights for this purpose is not permitted.

(2.) If the permission to land is requested by visual signal, the signal shall consist of the last three letters of the registration group of the aircraft sent by International Morse Code and repeated for as long as may be necessary.

(3.) The reply from the aerodrome to a request sent by visual signal shall be given by visual signal consisting of a repetition of the same three-letter sign made with the signalling lights of the aerodrome. Green signalling lights shall be used to denote permission to land and red signalling lights to prohibit landing.

(4.) The signalling lights of the aerodrome shall be constituted either by a group of lights arranged on a horizontal plane at the apexes of an equilateral triangle, each side of which measures from three to ten feet, or by a luminous beam directed at the aircraft.

Instructions to aircraft not to land.

28.—(1.) At every aerodrome, the firing of a red pyrotechnical light or the display of a red flare from the ground, whether by day or by night and notwithstanding any previous permission, shall be taken as an instruction to aircraft in flight that they are not to land for the moment and to aircraft manœuvring on the landing area that they are to stop moving.

(2.) At aerodromes provided with the triangular device specified in sub-rule (4.) of rule 27, the emission by such device of intermittent red lights shall, whether by day or by night and notwithstanding any previous permission, instruct aircraft in flight that they are not to land for the moment.

Instructions to aircraft to land.

29.—(1.) To require an aircraft to land, the following signals shall be used:—

(a) By day, a series of projectiles discharged at intervals of ten seconds, each showing on bursting black smoke.

(b) By night, a series of projectiles discharged at intervals of ten seconds, showing on bursting white fights or stars.

(2.) In addition to the signals specified in the last preceding sub-rule, if it is necessary to distinguish amongst several the aircraft which is to land, an intermittent white luminous beam shall be directed at that aircraft which is to land:

Provided that, when the authority who desires to give the order to land is able to establish a radioelectric communication with the aircraft, this order may be given by using radioelectric means of communication.

Warning to aircraft near prohibited area.

30. The following signals, when used, shall indicate that an aircraft is in the vicinity of a prohibited area and should change its course:—

(a) By day, a series of projectiles discharged at intervals of ten seconds, each showing on bursting orange smoke:

(b) By night, a series of projectiles discharged at intervals of ten seconds, showing on bursting orange lights or stars:

Provided that, when the authority who desires to prescribe the change of course referred to in this rule is able to establish a radioelectric communication with the aircraft, this order may be given by using radioelectric means of communication.

Part IV.—General Rules for Air Traffic.

Right of way.

31. Subject to the provisions of rules 38 and 45 of this Schedule, mechanically-driven aerodynes shall always give way to non-mechanically-driven aerodynes and to aerostats, and mechanically-driven aerostats to non-mechanically-driven aerostats and to aerodynes.

Airships not under control.

32. An airship which is under way and which is not under control or which has voluntary shopped its engines shall, for the purposes of the application of the rules contained in this Part, be classed as a free balloon.

Ascertainment of risk of collision.

33.—(1.) Risk of collision with another aircraft may, when circumstances permit, be ascertained by carefully watching the successive compass bearings and angles of elevation of the latter aircraft. If neither the bearing nor the angle of elevation appreciably change and if the distance between the two aircraft diminishes, risk of collision shall be deemed to exist.

(2.) The term “risk of collision” shall include all risk of accident due to undue proximity of other aircraft.

Aircraft avoiding collision.

34. Every aircraft which is required by rules 31, 32 and 33 of this Part to give way to another aircraft to avoid collision, shall keep a safe distance, having regard to the circumstances of the case.

Manœuvring of mechanically-driven aircraft.

35. While observing the rules regarding risk of collision contained in rules 33 and 34, a mechanically-driven aircraft shall always manœuvre according to the rules contained in rules 36 to 40 of this Part, as soon as it is apparent that, if it pursued its course, it would not pass clear of another aircraft.

Mechanically-driven aircraft meeting end on.

36. When two mechanically-driven aircraft are meeting end on or nearly end on, each shall, without prejudice to the application of rule 31, alter its course to the right.

Mechanically-driven aircraft crossing.

37. Subject to the application of the provisions of rules 31 and 47, when two mechanically-driven aircraft are on courses which cross, the aircraft which has the other on its own right side shall keep out of the way of the other.

Aircraft overtaking another.

38.—(1.) All aircraft overtaking another aircraft shall keep out of the way of the overtaken aircraft by altering its own course to the right, and shall not pass by diving.

(2.) Every aircraft coming up with another aircraft from any direction more than 110 degrees from ahead of the latter, that is to say, in such, a position with reference to the aircraft which it is overtaking that at night it would be unable to see either of that aircraft’s side lights, shall be deemed to be an overtaking aircraft, and no subsequent alteration of the bearing between the two aircraft shall make the overtaking aircraft a crossing aircraft within the meaning of these rules, or relieve it of the duty of keeping clear of the overtaken aircraft until it is finally past and clear.

(3.) As by day the overtaking aircraft cannot always know with certainty whether it is forward or abaft the direction mentioned in the last preceding sub-rule, from the other aircraft, the aircraft shall, if in doubt, assume that it is an overtaking aircraft and keep out of the way.

Aircraft not having right of way to avoid crossing.

30. Every aircraft which is required by these rules to keep out of the way of another aircraft shall, if the circumstances of the case admit, avoid passing over or under the other aircraft or crossing ahead of it.

Action to be taken by aircraft having right of way.

40.—(1.) Where, by any of these rules, one of two aircraft is to keep out of the way, the other shall keep its course and speed.

(2.) When, however, in consequence of thick weather or other causes, the aircraft having the right of way finds itself so close that collision cannot be avoided by the action of the giving-way aircraft alone, it shall take such action as will best aid to avert collision.

Aircraft in cloud, fog, &c.

41.—(1.) Every aircraft in a cloud, fog, mist or other conditions of bad visibility shall proceed with caution, having careful regard to the existing circumstances.

(2.) Every aircraft when flying beneath clouds shall always do so, as far as it is safe and practicable, at such a distance below the clouds as will enable it readily to see and be seen.

Air traffic routes.

42.—(1.) In order to obviate the increased risk of collision which exists on air traffic routes, the following rules shall be observed by aerodynes and airships when flying on or in the vicinity of such routes:—

(a) Every aircraft when flying by compass along the straight line (rhumb line) joining two points on an air traffic route in common use, shall keep such line at least 1,100 yards on its left;

(b) Every aircraft following either an air traffic route, which has been officially recognized, or a route frequented by aircraft and indicated on the ground by a line of landmarks such as a road, railway, river, canal or coastline, or the like, shall keep such route at least 350 yards on its left;

(c) An aircraft shall not fly keeping any of the lines or routes referred to in this rule on its right, except at a distance therefrom sufficient to avoid aircraft following such tines or routes in accordance with the provisions of this rule;

(d) When crossing one of the lines or routes referred to in this rule, an aircraft shall cross it at right angles as rapidly as possible; and

(e) In the case of pre-arranged nights in group formation, the aircraft of the leader of the group shall lead the flight in such a manner that every aircraft in the group complies with the provisions of this rule.

(2.) The Board may from time to time determine that certain air traffic routes shall be officially recognized and the Board’s determination and particulars of such routes shall be published in Notices to Airmen.

Position of pilots in mechanically-driven aerodynes.

43. To facilitate the application of the rules for air traffic contained in this Schedule, the pilot of a mechanically-driven aerodyne shall, save in exceptional circumstances, be placed either in the plane of symmetry of the aerodyne or on the left-hand side of such plane.

Part V.—Special Rules for Air Traffic on and in the Vicinity of all Aerodromes.

Application of Part V.

44. The rules contained in this Part shall apply on and in the vicinity of all aerodromes.

Free way to aircraft about to land.

45. Aircraft about to land on an aerodrome shall be given free way.

Aircraft not to “take off” if risk of collision exists.

46. An aircraft about to take off shall not attempt to do so until there is no risk of collision with another aircraft.

Aerodynes approaching an aerodrome for the purpose of landing.

47. In the case of two mechanically-driven aerodynes approaching au aerodrome for the purpose of landing, the aerodyne flying at the greater height shall be responsible for avoiding the aerodyne at the lower height, but the latter shall, if the contingency arises, comply with the provisions of rule 38 of this Schedule.

Part VI.—Special Rules for Air Traffic on and in the Vicinity OF Aerodromes Open TO Public USE.

Division 1.—Preliminary.

Application of Part VI.

48.—(1.) The rules contained in this Part apply on and in the vicinity of land and water aerodromes open to public use for mechanically-driven aerodynes (which are referred to in this Part by the single term “aerodynes”).

(2.) Non-mechanically-driven aerodynes on and in the vicinity of aerodromes open to public use shall comply with the rules of this Part as far as possible.

Temporary suspension of rules.

49.—(1.) The Board may, in respect of any specified aerodrome, temporarily suspend, either wholly or in part, the application of the rules contained in this Part.

(2.) Every such suspension shall be indicated by the use of the signal specified in paragraph (4) of rule 17.

Neutral zone at land aerodromes.

50.—(1.) At land aerodromes along the perimeter and at the approaches to the hangars, a neutral zone shall be set apart for aircraft manœuvring on the ground.

(2.) The neutral zone, if not marked, shall be deemed to extend for a distance of 60 yards from the perimeter of the aerodrome.

Division 2.—Flight Over or in the Vicinity of the landing Area.

Height of flights over landing areas.

51.—(1.) An aerodyne shall not, except when departing or landing, fly over an aerodrome at a lower height than 2,300 feet.

(2.) Every aerodyne flying outside the landing area at a distance of less than 1¼ miles from the nearest point of such area shall, unless it is flying at a greater height than 2,300 feet, keep the landing area on its left.

Aerial acrobatics.

52. Aerodynes shall not engage in aerial aerobatics in the vicinity of aerodromes, at a distance of less than 2½ miles from the nearest point of the perimeter of the aerodrome, unless they are flying at a greater height than 6,600 feet.

Landing by radioelectric guide.

53. When an aerodyne is about to land by means of a radioelectric guide, other aerodynes, in order to avoid collision, must conform to any rules made by the proprietor of the aerodrome, approved by the Board and published in Notices to Airmen. In default of any such rules other aerodynes shall fly as low as possible below the clouds.

Fixed balloons not to be elevated near aerodromes.

54. Except with the authority of the Board first obtained, a fixed balloon or kite shall not be elevated within the vicinity of an aerodrome.

Division 3.—Rules to be Observed for Departures and Landings.

Turnings to be left handed.

55. If an aerodyne starting from or about to land on an aerodrome makes a circuit or partial circuit, the turning shall be made clear of the landing area and shall be left-handed (anti-clockwise) so that during the circuit the landing area shall always be on the left of the aerodyne:

Provided that when the signal indicated in paragraph (5) of rule 17 of this Schedule is displayed, the turning shall be right-handed (clockwise).

Aerodynes taking off or landing.

56.—(1.) Every aerodyne taking off from or landing at an aerodrome shall do so upwind, except when the natural conditions of the aerodrome do not permit, If, however, there is a landing T, the aerodyne shall take off or land in the direction indicated by this T (i.e., by following the direction of the shaft of the T towards the cross arm of that T).

(2.) Landings shall be preceded by a descent in a straight line, commencing at least 330 yards outside the perimeter of the landing area.

(3.) Every aerodyne landing at an aerodrome shall leave clear on its left any aerodyne which has already landed or is already landing, or which is taking off or about to take off.

(4.) Every aerodyne taking off from an aerodrome shall leave clear on its left any aerodyne which is already taking off.

(5.) In observing the requirements of this rule, every aerodyne, when landing or taking off, shall leave a reasonable space on its right for other aerodynes to land or take off.

(6.) Two or more aerodynes shall not take off from or land at an aerodrome simultaneously unless by pre-arrangement.

(7.) For the purposes of this rule, two or more aerodynes taking off or landing simultaneously by pre-arrangement shall be regarded as a single aerodyne.

Departure and landing zones at certain aerodromes.

57.—(1.) By way of exception, at such aerodromes as may be approved by the Board and marked as provided for in paragraph (3) of rule 17 of this Schedule, the landing area shall be regarded as divided into two approximately equal zones by a vertical plane bearing in the direction of departure and landing defined in sub-rule (1.) of rule 56. For an observer facing in the direction towards which departures and landings are to be made, the zone on the right will be the one reserved for landings and the zone on the left the one reserved for departures.

(2.) Every aerodyne landing at one of these aerodromes shall do so in conformity with the provisions of sub-rules (1.) and (2.) of rule 56, as far as possible to the left in the zone reserved for that purpose, but leaving clear on its left any other aerodyne which has already landed or which is landing.

(3.) Every aerodyne taking off from one of these aerodromes shall do so in conformity with the provisions of sub-rule (1.) of rule 56, as far as possible to the left in the zone reserved for that purpose, but leaving clear on its left any other aerodynes which are already taking off.

Permission to take off to be received.

58. At land aerodromes having a ground control, an aerodyne, after having proceeded on to the landing area with the intention of taking off, shall not take off until it has received permission to do so by the signal prescribed in paragraph (b) of sub-rule (2.) of rule 26 or paragraph (b) of sub-rule (3.) of rule 26 of this Schedule.

Division 4.—Rules to be Observed for Manœuvring on the Ground.

Manœuvring on land aerodromes.

59. Every aerodyne moving on the ground in the landing area of a land aerodrome shall normally do so in the direction of landing:

Provided that, at aerodromes having a ground control, an aerodyne may, subject to any directions of the officer controlling the traffic, in order to shorten its course, cross the landing area to reach its point of taking off or the boundary, if in the course of such movement turns are always made to the left, that the aerodyne gives free way to every aircraft landing or taking off, and that the aerodyne conforms to the air traffic rules 36, 37, 38, 39 and 40 of this Schedule.

Manœuvring on water aerodromes.

60. The requirements of rule 59 shall be complied with by aerodynes moving on the surface of water aerodromes subject to the provisions of rule 62 of this Schedule.

Permission to enter landing area to be given.

61. At aerodromes having a ground control, in addition to complying with rules 59 and 60 of this Schedule, an aerodyne shall not proceed on to the landing area until it has received permission to do so by the signal prescribed in paragraph (a) of sub-rule (2.) of rule 26 or paragraph (a) of sub-rule (3.) of rule 26 of this Schedule.

Part VII.—Rules Relating to Aircraft on the Surface of the Water.

Prevention of collisions at sea.

62.—(1.) Every aircraft manœuvring under its own power on the water shall conform to the Regulations for Preventing Collisions at Sea.

(2.) For the purposes of those Regulations, the aircraft shall be deemed to be a steam-vessel, but the aircraft shall carry only the lights specified in the rules contained in Part II. of this Schedule, and not those specified for steam-vessels in the Regulations for Preventing Collisions at Sea, and shall not use, except as specified in rule 14 and paragraph (d) of rule 23 of this Schedule, or be deemed to hear, the sound signals specified in the Regulations for Preventing Collisions at Sea.

(3.) In conforming with the Regulations for Preventing Collisions at Sea, due regard shall be had to the fact that steam vessels in narrow channels are not able to manœuvre so as to avoid collisions with aircraft.

Part VIII.—Miscellaneous Provisions.

Ballast.

63. No ballast other than fine sand or water shall be dropped from aircraft in the air.

In conforming with rules, regard to be had to dangers of navigation, &c.

64. In conforming with the rules contained in Parts IV., V. and VI. of this Schedule, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from these rules necessary in order to avoid immediate danger.

Consequences of neglect of rules as to lights, &c.

65. Nothing in this Schedule shall exonerate any aircraft, or the owner, pilot or crew thereof, from the consequences of any neglect in the use of lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution required by the ordinary practice of the air, or by the special circumstances of the case.

Australian aircraft flying over foreign territory.

66. When an Australian aircraft is in the territory of a non-contracting State, the rules of this Schedule shall apply to that aircraft only in so far as such rules do not conflict with the laws of the country over whose territory the aircraft is flying.

The Second Schedule.

Regulation 120.

FEES.

	£	s.	d.
For theoretical examination for navigator’s licence..............................	2	2	0
For flying tests for pilot’s licence..........................................	1	1	0
For flying tests and theoretical examinations for flying instructor’s licence..............	2	2	0

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

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