Civil Aviation Regulations (Amendment) 1992 No. 258
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 258
(Issued by the authority of the Minister for Shipping and Aviation Support)
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.
These Regulations amend the Civil Aviation Regulations by amending subregulation 2(1) and regulation 172.
Regulation 172 sets out the requirements that must be satisfied before a flight can be conducted under the Visual Flight Rules (referred to as V.F.R. flight). Subregulation 172(2) provides that the pilot in command must not conduct a V.F.R. flight unless the flight visibility during the flight, and the vertical and horizontal distances from cloud, are equal to or greater than the applicable distances determined by the Civil Aviation Authority (the Authority).
Subregulation 172(2) is subject to subregulations 172(4) and (5) which specify conditions for conducting a V.F.R. flight in a balloon.
The Authority has now prepared determinations under subregulation 172(2) specifying distances in relation to flight visibility and vertical and horizontal distances from cloud that will be applicable from 20 August 1992 to V.F.R. flights in balloons. Those determinations will replace the conditions specified in subregulations 172(4) and (5). Accordingly, the subregulations are no longer necessary and have been omitted.
The Regulations also amend the definition of "V.M.C." in subregulation 2(1). "V.M.C." is the symbol used to designate the visual meteorological conditions in which a V.F.R. flight may be conducted. The definition previously referred to subregulations 172(4) and (5) in relation to balloons. The omission of those subregulations makes those references unnecessary. Accordingly, the Regulations amend the definition of "V.M.C." to omit the references to subregulations 172(4) and (5).
The Regulations will commence on 20 August 1992.
Overview
The Civil Aviation Regulations (Amendment) 1992 No. 258 was enacted to update and refine the requirements for conducting Visual Flight Rules (VFR) flights, particularly in relation to balloons, by amending the Civil Aviation Regulations 1988. This legislation was introduced to address the need for more precise and updated standards for VFR flights in balloons, ensuring safety and compliance with modern aviation practices. The Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning the safety of air navigation, and these amendments were issued under that authority. The policy objective is to streamline and modernise the regulations governing VFR flights in balloons, removing outdated provisions and replacing them with updated determinations that better reflect current safety standards.
Scope and Application
The Civil Aviation Regulations (Amendment) 1992 No. 258 applies to all persons and entities involved in the operation of balloons under the Visual Flight Rules (VFR) as defined under the Civil Aviation Act 1988. This encompasses pilots, operators, and the Civil Aviation Authority (CAA) which is responsible for the regulation and oversight of civil aviation in Australia. The amendment primarily affects those conducting VFR flights in balloons by updating the specific distances related to flight visibility and cloud clearance, ensuring compliance with safety standards. The amendment removes the previously applicable subregulations 172(4) and (5) concerning balloons, replacing them with determinations set by the CAA. This amendment ensures that the regulations are aligned with the latest safety standards and practices. The regulations apply across the Commonwealth of Australia and are intended to ensure the safety of air navigation, reflecting the national scope of the Civil Aviation Act 1988. The amendment does not specify any exclusions or exemptions, applying uniformly to all VFR balloon flights within Australia. The authority to amend these regulations extends through subordinate instruments, allowing the CAA to issue determinations and updates as necessary to maintain safety standards.
Key Provisions
The Civil Aviation Regulations (Amendment) 1992 No. 258 primarily amend the Civil Aviation Regulations by adjusting specific sections to reflect changes in the requirements for conducting Visual Flight Rules (V.F.R.) flights, especially for balloons. Section 172 of the regulations is updated to reflect new conditions that must be met before a V.F.R. flight can be conducted. Under subregulation 172(2), the pilot in command must ensure that the flight visibility, as well as the vertical and horizontal distances from clouds, meet or exceed the applicable distances set by the Civil Aviation Authority (the Authority). These new distances, specific to balloons, will be in effect from 20 August 1992. This amendment replaces and removes the previous conditions for balloon flights, which were previously detailed in subregulations 172(4) and (5).
The obligations imposed by these amendments primarily rest on pilots in command to ensure that they comply with the updated flight visibility and cloud distance requirements when conducting V.F.R. flights. The Civil Aviation Authority's role includes setting and updating these specific distances to ensure safety. Pilots must stay informed about these regulations and ensure their flights comply with the Authority's specifications. Additionally, the definition of "V.M.C." in subregulation 2(1) has been amended to reflect these changes, ensuring consistency and clarity in the terminology used.
Breaches of these amended regulations can lead to significant consequences. While the Explanatory Statement does not detail specific penalties, under the Civil Aviation Act 1988, violations of safety regulations can result in substantial fines or imprisonment. The exact penalties would depend on the severity of the breach and could potentially include fines up to several thousand Australian dollars or imprisonment for a period determined by the court. These consequences underscore the importance of strict adherence to the amended regulations to maintain the safety of air navigation.