Statutory Rules
1978 No. 140
REGULATION UNDER THE AIR NAVIGATION ACT 1920*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Air Navigation Act 1920.
Dated this fourteenth day of July 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport
————
AMENDMENT OF THE AIR NAVIGATION REGULATIONS†
Location of marks
Regulation 23 of the Air Navigation Regulations is amended by omitting sub-regulations (5) and (6) and substituting the following sub-regulations:
“ (5) The wing marks of a heavier-than-air aircraft—
(a) shall—
(i) be located on the lower surface of the port wing of the aircraft; or
(ii) extend across the lower surfaces of both of the wings of the aircraft; and
(b) if possible, shall be located equidistant from the leading and trailing edges of the wing or wings with the top of the letters comprising the marks towards the leading edge of the wing or wings.
* Notified in the Commonwealth of Australia Gazette on 20 July 1978.
† Statutory Rules 1947, No. 112 as amended by Statutory Rules 1947, No. 162; 1948, No. 69; 1949, Nos. 6 and 70; 1950, No. 69; 1952, Nos. 30, 46 and 87; 1953, No. 44; 1954, Nos. 26. 32 and 119; 1955, No 29; 1956 No. 16; 1957 No. 12; 1958, No. 77; 1960, Nos. 21, 96 and 99; 1961, No. 102; 1964, Nos. 61 and 128; 1965, No 33; 1966 No 5; 1967 No. 65; 1969, No. 4; 1970, Nos. 21 and 214; 1971. No. 31; 1972, No. 166; 1973, Nos. 182 and 247; 1974, Nos. 36, 54 and 96; 1975, No. 32: 1976, Nos. 67, 77, 111 and 124; and 1977. No. 124.
“ (6) In sub-regulations (4) and (5), a reference to a wing, or to the wings, of an aircraft having more than one set of wings shall be read as a reference to a lower wing or the lower set of wings, as the case requires.”.
Overview
The Air Navigation Regulations, which were amended by Statutory Rules 1978 No. 140, were enacted under the authority of the Air Navigation Act 1920. The primary objective of these regulations is to ensure the safety and efficiency of air navigation in Australia by providing detailed guidelines for aircraft operations, including the location and visibility of wing marks on heavier-than-air aircraft. The amendments, particularly those to Regulation 23, were designed to refine the specifications for wing marks to enhance visibility and safety, thereby addressing any potential gaps in the original regulations that may have affected the clarity and enforceability of these safety measures. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and aim to uphold the safety standards mandated by the Air Navigation Act.
Scope and Application
The Air Navigation Regulations, made under the Air Navigation Act 1920, pertain to the marking of heavier-than-air aircraft to ensure safety and compliance with national standards. These regulations apply to all aircraft operating in Australian airspace, regardless of ownership or nationality, thereby extending their reach nationally. The regulations specifically address the placement of wing marks on aircraft, which must be located on the lower surface of the port wing or across both lower wing surfaces, ideally equidistant from the leading and trailing edges with the top of the letters towards the leading edge. The regulations do not provide explicit exclusions or thresholds but are enforced through subordinate instruments that may further define operational specifics. This legislative instrument highlights the commitment to maintaining clear and consistent aviation standards across the country.
Key Provisions
The regulation modifies the Air Navigation Regulations by specifically altering the placement of wing marks on heavier-than-air aircraft, as detailed in Regulation 23(5). According to the amendment, the wing marks must be placed on the lower surface of the port wing, or they can extend across the lower surfaces of both wings. These marks should ideally be positioned equidistant from the leading and trailing edges, with the top of the letters pointing towards the leading edge of the wing(s). If an aircraft has more than one set of wings, the regulation refers to the lower set of wings (Regulation 23(6)). These stipulations ensure that aircraft are marked in a way that is both compliant with safety standards and clearly visible to air traffic control and other aircraft.
The obligations under this regulation are primarily directed at aircraft manufacturers, operators, and owners. They must ensure that any new or existing aircraft are marked in accordance with the amended Regulation 23(5). This involves not only the placement of the wing marks but also ensuring that these marks are visible and legible. Aircraft maintenance personnel and operators need to regularly inspect these marks to ensure they remain compliant with the regulation, especially during routine maintenance checks or modifications to the aircraft.
Failure to comply with the requirements set out in Regulation 23(5) and (6) can result in civil consequences. These can include fines and the potential grounding of aircraft until the necessary compliance measures are taken. While the specific penalties are not detailed within the text of this regulation, they would generally align with the penalties outlined in the Air Navigation Act 1920 and related legislation. The severity of the penalty would depend on the nature and extent of the non-compliance, with more severe infractions potentially leading to higher fines or longer periods of grounding. The ultimate aim is to ensure that all aircraft meet the minimum safety and visibility standards required for safe air navigation.