Civil Aviation Regulations (Amendment) 1992 No. 36
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 36
Issued by the authority of the Minister for Shipping and Aviation
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Paragraph 157(1)(a) of the Civil Aviation Regulations previously prohibited an aircraft that was not a helicopter from flying over any city, town or populous area at a height lower than 1,500 feet. Helicopters were prohibited from flying over any city, town or populous area at a height lower than 1,000 feet.
The amending Regulations prohibit any aircraft - without distinguishing between aircraft that are not helicopters and those that are - from flying over such areas at a height lower than 1,000 feet.
The purpose of the amendment is to align Australia's requirements relating to minimum heights more closely to the requirements in other leading countries such as the United States of America. The amendment is in keeping with the policy of the Civil Aviation Authority of ensuring that Australia's regulations are not more restrictive, or result in extra cost to the aviation industry, than regulations in other leading aviation countries unless there is objective evidence to justify the differences.
The Regulations come into operation on the date of gazettal.
Overview
The Civil Aviation Regulations (Amendment) 1992 No. 36 is an amendment to the Civil Aviation Regulations 1988, made under the authority of the Minister for Shipping and Aviation, as provided by subsection 98(1) of the Civil Aviation Act 1988. This amendment aims to address the need to harmonise Australia's minimum flight height requirements over populated areas with those of other leading aviation countries, such as the United States of America. Previously, the regulations prohibited non-helicopter aircraft from flying below 1,500 feet over cities, towns, or populous areas, and helicopters from flying below 1,000 feet. The amendment removes this distinction, setting a uniform minimum flight height of 1,000 feet for all aircraft over such areas. This change aligns Australia's aviation regulations with international standards, ensuring that the regulations are neither more restrictive nor costly compared to those of other leading countries, unless justified by objective evidence. The amendment reflects the Civil Aviation Authority's policy of maintaining competitive and reasonable aviation regulations.
Scope and Application
The Civil Aviation Regulations (Amendment) 1992 No. 36 applies to all aircraft operating in Australian airspace, irrespective of whether they are helicopters or fixed-wing aircraft, and seeks to standardise the minimum flying heights over cities, towns, and populous areas. These Regulations, made under the authority of the Civil Aviation Act 1988, aim to harmonise Australian regulations with those of other major aviation nations, specifically aligning the minimum flight height requirements over populated areas with those observed in countries such as the United States. By reducing the minimum permissible height for all aircraft from 1,500 feet to 1,000 feet, the amendment aims to streamline regulatory requirements and potentially reduce costs for the aviation industry, while ensuring safety standards remain robust. The amendment operates from the date of its gazettal and is not limited by geographic or jurisdictional boundaries within Australia, thus applying nationally.
Key Provisions
The key operative sections of the Civil Aviation Regulations (Amendment) 1992 No. 36 pertain to the amendment of the Civil Aviation Regulations 1988 (Cth) concerning the minimum heights at which aircraft can fly over populated areas. Specifically, section 1 of the amending regulations changes the minimum flight height over cities, towns, or populous areas from 1,500 feet for non-helicopter aircraft and 1,000 feet for helicopters to a uniform 1,000 feet for all aircraft. This change is intended to harmonise Australian regulations with those of other countries, particularly the United States, and to ensure that Australian regulations do not impose additional costs or restrictions on the aviation industry without objective justification.
The amended regulations impose a uniform requirement on all aircraft operators to maintain a flight height of at least 1,000 feet when flying over cities, towns, or populous areas. This obligation applies to all aircraft, without distinction between helicopters and non-helicopters. The regulations are designed to ensure the safety of air navigation and the protection of people and property on the ground. Operators must ensure compliance with these new height restrictions when planning and conducting flights over populated areas.
Breaches of these amended regulations may result in both civil and criminal consequences. Under section 101 of the Civil Aviation Act 1988, any person who contravenes a regulation made under the Act is liable to a penalty. The maximum penalty for an individual is $27,500, and for a body corporate, the maximum penalty is $275,000. Additionally, an aircraft operator found to be in breach of these regulations may face enforcement actions, including the potential grounding of aircraft or revocation of operational licenses. These penalties underscore the importance of adhering to the amended flight height requirements to ensure the safety and efficiency of air navigation.