Civil Aviation Regulations (Amendment)

Overview

The Civil Aviation Regulations (Amendment) 1992 No. 254, issued under the authority of the Minister for Shipping and Aviation Support, amend the Civil Aviation Regulations by introducing greater flexibility in determining the lowest safe altitude for aircraft flying under the instrument flight rules. This amendment was enacted to address the inflexibility of the previous regulation 178, which set a fixed minimum height for route segments where the lowest safe altitude had not been determined. The policy objective behind this amendment is to enhance safety by allowing the Civil Aviation Authority to use a formula to calculate the lowest safe altitude for each route segment, thereby ensuring it is tailored to the specific characteristics of that route. Additionally, the amendment introduces exceptions for certain conditions, such as flights conducted during daylight hours in visual meteorological conditions, and those following instructions from air traffic control, thereby maintaining safety standards without imposing unnecessary restrictions.

Scope and Application

The Civil Aviation Regulations (Amendment) 1992 No. 254 applies to the Civil Aviation Authority, aircraft operators, and pilots who engage in instrument flight rules operations within Australia. This regulation is a direct amendment to the Civil Aviation Regulations under the authority granted by the Civil Aviation Act 1988. Its primary focus is to modify the rules governing the lowest safe altitude at which aircraft may operate under instrument flight rules, allowing for more flexibility based on specific route characteristics. The amendment also introduces exceptions for certain conditions, such as daylight visual meteorological conditions and adherence to air traffic control instructions, while maintaining a general prohibition on dangerously low flight as outlined in regulation 157. The application of these regulations extends across Australia, impacting all aviation activities within its jurisdiction.

Key Provisions

The Civil Aviation Regulations (Amendment) 1992 No. 254 amends the Civil Aviation Regulations by replacing regulation 178 with a new regulation 178 (section 98(1) of the Civil Aviation Act 1988). The primary objective of this amendment is to make the minimum flying altitudes for aircraft operating under instrument flight rules (IFR) more adaptable. The Civil Aviation Authority (the Authority) retains the authority to determine the lowest safe altitude for each route segment, but now has the discretion to establish a formula to calculate this altitude for each segment, thereby accommodating the specific characteristics of each route (new regulation 178). This approach replaces the previous fixed minimum altitude of 1,000 feet for route segments where the lowest safe altitude had not been determined. The new regulation 178 introduces several exceptions to the lowest safe altitude. Aircraft operating during daylight hours in visual meteorological conditions and those flying in accordance with instructions from air traffic control are exempt from the lowest safe altitude requirement, provided safety standards are not compromised. Additionally, aircraft engaged in take-off, landing, or instrument departure and approach procedures are also exempt, recognising that these phases of flight inherently require specific procedures that may involve flying below the lowest safe altitude. These exceptions ensure that safety is maintained while allowing operational flexibility. The obligations imposed by the amended regulations require the Authority to determine the lowest safe altitudes for each route segment and to establish the appropriate formula where necessary. The Authority must also ensure that any exceptions do not compromise safety. Furthermore, pilots and operators must adhere to the altitudes determined by the Authority, except when specific exceptions apply as outlined in the regulations. Compliance with these requirements is essential to maintain the safety of air navigation. Failure to comply with the regulations may result in offences under the Civil Aviation Act 1988. The Act stipulates penalties for dangerous flying, which can include fines and imprisonment. Specifically, an aircraft flying dangerously low, as defined by the Act, can result in penalties of up to $22,200 and imprisonment for up to two years for an individual, and $111,000 for a body corporate. These penalties underscore the importance of adhering to the regulations to ensure the safety of air navigation and the protection of the public.