SRS 3/1992 - Determination

Overview

The Civil Aviation Regulations Determination was enacted in 1992 to establish the applicable distances for flight visibility and distance from cloud for different categories of aircraft within Australian airspace. This legislative instrument, issued by the Civil Aviation Authority under the authority of the Civil Aviation Act 1988, aims to ensure the safe operation of aircraft by specifying the minimum distances that must be maintained from clouds and other aircraft to avoid collisions and ensure safe separation. The determination provides specific visibility and cloud clearance requirements for aircraft in controlled and non-controlled airspace, as well as for helicopters and balloons, reflecting the different operational contexts and safety considerations for each type of aircraft. The policy objective is to enhance aviation safety by setting clear and comprehensive standards for air navigation and obstacle avoidance.

Scope and Application

This legislative instrument pertains to the Civil Aviation Regulations under the Civil Aviation Act 1988, specifically focusing on flight visibility and distance from cloud requirements for various aircraft operating under different conditions and airspaces. The determination applies to all aircraft in controlled and non-controlled airspaces, helicopters operating outside controlled airspace by day, and balloons. The regulations specify minimum flight visibility distances and cloud clearance requirements based on the aircraft's height and whether it operates in controlled or non-controlled airspace. For instance, for aircraft in controlled airspace at or above 10,000 feet above mean sea level, the flight visibility must be at least 8 kilometres, and they must maintain a distance of 1,500 metres horizontally and 1,000 feet above or 500 feet below any cloud. Additionally, specific conditions apply to helicopters and balloons, such as mandatory radio use and speed restrictions for helicopters, and vertical separation requirements for balloons near instrument approach aerodromes. Tower controllers may adjust these distances within controlled airspace for special Visual Flight Rules. The regulations are applicable across Australia and are implemented through the Civil Aviation Authority, with the possibility of further specification and modification through subordinate instruments.

Key Provisions

This legislative instrument, issued by Ronald Stanley Cooper as the General Manager of the Safety Regulation and Standards Division of the Civil Aviation Authority, sets out the applicable distances for flight visibility and distance from cloud for various aircraft in different types of airspace. Section 1 of the Schedule specifies that for all aircraft in controlled airspace at or above 10,000 ft AMSL, the flight visibility must be at least 8 kilometres and the aircraft must be clear of cloud, with a horizontal distance of 1,500 metres from cloud and 1,000 feet above or 500 feet below any cloud. However, within a Control Zone (CTR), the tower controller may reduce these distances for special Visual Flight Rules (VFR). Section 2 provides similar requirements for all aircraft in a Global Area Positioning Control Zone (GAAP CTR), with the tower controller able to reduce these distances within the CTR for special VFR. Section 3 outlines that for all aircraft in non-controlled airspace at or above 10,000 ft AMSL, the flight visibility must be at least 8 kilometres, and the aircraft must maintain a horizontal distance of 1,500 metres from cloud, be 1,000 feet above or 500 feet below any cloud, and be clear of cloud. The obligations imposed by this legislation include ensuring that aircraft maintain the specified flight visibility and distance from cloud, and that helicopters operating outside controlled airspace by day adhere to additional requirements such as carrying a radio and using it on the appropriate frequencies, operating at a speed that allows the pilot to avoid collisions, and maintaining a separation of at least 500 feet vertically from any aircraft conducting an Instrument Flight Rules (IFR) operation within 10 miles of an aerodrome with an approved instrument approach procedure. Balloons must also maintain a minimum distance of 10 miles from an aerodrome with an approved instrument approach procedure, unless certain conditions are met. Breach of the provisions outlined in this legislation may result in civil or criminal penalties. The specific penalties are not detailed in this legislative instrument, but generally, breaches of civil aviation regulations can lead to fines, suspension or revocation of pilot or aircraft certificates, and in severe cases, criminal charges. The maximum penalties for such offences would be determined by the relevant courts and are subject to the specific provisions of other legislation, such as the Civil Aviation Act 1988 and any other applicable laws. It is important for all parties governed by this legislation to comply with the specified requirements to avoid any potential penalties or consequences.