Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1991 NO. 287

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 287

CIVIL AVIATION ACT 1988

CIVIL AVIATION REGULATIONS (AMENDMENT)

(ISSUED BY THE AUTHORITY OF THE MINISTER FOR SHIPPING AND AVIATION SUPPORT)

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 amending regulations mace a number of miscellaneous amendments to the Civil Aviation Regulations (the Regulations).

Regulation 7 has been amended to make the provision consistent with a recent amendment to the Civil Aviation Act 1988. A transitional provision has been included to save existing delegations.

Paragraph 22E(1)(b) has been amended to clarify the relationship between regulation 22 and 22E. The amendment makes it clear that all applications for a certificate of type approval redirected under regulation 22E to be dealt with under regulation 22 should be able to be dealt with under regulation 22.

The amendments of regulations 72A and 72E simplify the administration of the issue of medical certificates under the Regulations.

The amendment of regulation 172 and the repeal of regulation 202 removes restrictions on balloon flight which do not contribute to the safety of air navigation.

The amendment of regulation 196 facilitates certain covert operations conducted in aircraft by allowing the Authority to authorise aircraft to operate without displaying lights.

The repeal of regulations 203, 204 and 205 and the substitution of a new regulation 203 simplify airship operations by removing complicated requirements for the lighting of airships and allowing the Authority to deal with airship lighting on a case by case basis.

Regulation 272A prescribes certain machines, craft and objects for the purposes of subsection 3(1) of the Act. The Act has now been amended so that the prescription is no longer necessary. The regulation has been repealed.

The amendments of regulations 2, 195 and 260 and of Part 3 of Schedule 1 are technical amendments to correct oversights in the drafting of these provisions.

In addition, the opportunity has been taken to clarify the intended effect of subregulations 196(1) and (2) and 260(2).

Details of the amending regulations are attached.

The amending regulations came into effect on the date of their notification in the Gazette.

DETAILS OF AMENDING REGULATIONS

Regulation 1

This regulation provides that the Civil Aviation Regulations are amended as set out in the amending regulations.

Regulation 2

This regulation amends subparagraph 2(7)(d)(ii) by correcting a minor drafting error.

Regulation 3

This regulation amends regulation 7. Regulation 7 enables the Authority to delegate all or any of its powers and functions under the Civil Aviation Regulations by writing under its common seal. The amendment provides the Chief Executive Officer, rather than the Authority, with the power to delegate all or any of the Authority's powers and functions. This is consistent with a recent amendment to section 94 of the Civil Aviation Act 1988 (the Act) which provides that the Chief Executive Officer may delegate all or any of the Authority's powers under the Act.

Regulation 4

This regulation amends paragraph 22E(1)(b). Regulation 22E relates to aircraft manufactured outside Australia and provides that the automatic issue of a certificate of type approval under subregulation 22A(1) is not to occur if the supporting documentation does not provide a reliable guide that the type of aircraft concerned is suitable for aeronautical purposes. In such circumstances an application for a first of type certificate must be made under regulation 22. However, subregulation 22(1A) provides that an application under subregulation 22(1) cannot be made in respect of a type of aircraft manufactured outside Australia if there is a recognised authority in relation to the country. The amendment to paragraph 22E(1)(b) makes it clear that where there is a redirected application under regulation 22E, subregulation 22(1A) does not prevent the application being dealt with under subregulation 22(1).

Regulation 5

This regulation amends regulation 72A. Regulation 72A provides for periodic medical examinations of persons who hold licences under the Regulations. A person can have a medical examination at any time within the period applicable under subregulation (1). Subregulation (5) provides that if a person is granted a medical certificate after having a medical examination, the person must have his or her next examination within "the applicable period" (defined in new subregulation (5B)).

New subregulation (5A) provides that if a person has had his or her next examination after being granted a medical certificate, the person must have each subsequent examination within the "applicable period". Subregulation (5A) goes on to provide that:

•       if an examination to which subregulation (5A) applies takes place more than 28 days before the end of the period within which it was required to be carried out, then the next period commences on the day after the examination;

•       if an examination to which subregulation (5A) applies takes place 28 days or less before the end of the period within which it was required to be carried out, then the next period commences at the end of the previous period;

•       if, for any reason, an examination to which subregulation (5A) applies takes place after the end of the period within which it was required to be carried out then the next period commences on the day after the examination.

New subregulation (5B) provides that "the applicable period" is whichever of the periods specified in subregulation 72A(1) is applicable to the person or, if the Authority requires that person to have an examination within a shorter period under subregulation 72A(3), that period.

Regulation 6

This regulation amends regulation 72E. Regulation 72E provides for the period of validity of the medical certificate. The Authority may extend the period if the results of an examination have not been evaluated. The extension period has been extended to 2 months. The previous period of 1 month was not long enough for the examination to be evaluated.

Regulation 7

This regulation amends regulation 172. Regulation 172 sets out the minimum meteorological conditions (including visibility and distance from cloud) in which an aircraft may conduct a flight under the visual flight rules (V.F.R.) at a height of less than 5,000 feet.

Regulation 7 amends regulation 172 by the insertion of new subregulations (4) and (5) which provide that balloons are subject to a lower standard for the minimum meteorological conditions for V.F.R. flights, because balloons can be safely flown under the V.F.R. in meteorological conditions which do not meet the standard prescribed in subregulation 172(2). Different conditions for balloon flights under the V.F.R. have been set for flights at different heights. New subregulation (4) prescribes the conditions in which a balloon may be flown below 500 feet above the ground or water. New subregulation (5) prescribes the conditions in which a balloon may be flown between 500 feet above the ground or water and 5,000 feet above mean sea level.

Regulation 8

This regulation amends subregulation 195(1). Regulation 195 provides that the regulations setting out the lights to be displayed by aircraft must be complied with at night and in conditions of poor visibility. The previous regulation did not recognise that lights may be required to be displayed in relation to (rather than by) an aircraft. The amendment makes it clear that the Civil Aviation Regulations may require lights to be displayed in relation to, as well as by, an aircraft.

Regulation 9

This regulation amends regulation 196. Regulation 196 requires that aeroplanes in flight or on the manoeuvring area of a land aerodrome must display navigation and wing tip clearance lights at night and in conditions of poor visibility. The regulation did not allow the Authority to permit aeroplanes to operate without displaying these lights. This meant that aeroplanes engaged in covert coast-watch operations or other similar operations could not operate at night without lights. The amendment gives the Authority power to authorise aeroplanes to fly without displaying navigation or wing tip clearance lights. The opportunity has also been taken to simplify the drafting of subregulation (6).

Regulation 10

This regulation repeals of regulation 202. Regulation 202 set out the lighting and marking requirements for tethered balloons and kites flown above a certain height or within a specified distance from an aerodrome. The regulation was complex, unclear and difficult to obey. In addition, balloons and kites are rarely tethered at heights or locations to which regulation 202 applied. Under subregulation 260(1) balloons and kites must have the Authority's permission to be tethered at a height greater than 300 feet above the ground or within 4,000 metres of an aerodrome. The Authority will deal with lighting and marking when giving a permission under this subregulation. As high speed aircraft do not fly below 300 feet above the ground more than 4,000 metres from aerodromes, unlit and unmarked balloons and kites in these areas do not derogate from the safety of air navigation.

Regulations 11, 12 and 13

Regulation 11 substitutes a new regulation 203. The previous regulation 203 set out the lights which were required to be displayed by an airship that is under way and under command.

Regulation 12 repeals regulation 204 which prescribed the lights which were required to be displayed by an airship that is not under command, has stopped engines or is being towed.

Regulation 13 repeals regulation 205 which prescribed the lights which were required to be displayed by a moored airship.

The previous provisions set out detailed lighting requirements for airships that differed according to the status of the airship at the time the lights are displayed. As there is only one airship on the Australian register and pilots of other aircraft are not familiar with the meaning of the different lighting patterns, the Authority considers that these regulations do not contribute to the safety of air navigation.

However, if an airship is flown at night or in conditions of poor visibility it must be lit. Because of the small number of airship flights conducted in Australia, the Authority considers that it is appropriate to deal with the lighting of airships in directions. Accordingly, new regulation 203 empowers the Authority to give directions about the lighting of airships and things associated with airships.

Regulation 11

This regulation amends subregulation 260(2) by replacing the outdated term "visual flight conditions" with "V.M.C.". The opportunity has also been taken to clarify the language of the subregulation.

Regulation 15

This regulation repeals regulation 272A. Regulation 272A prescribed kinds of machines, craft and objects for the purposes of the definition of "aircraft" in subsection 3(1) of the Act. The requirement to prescribe kinds of machines, craft and objects for the purposes of this definition was omitted from subsection 3(1) by the Transport and Communications Amendment Act 1990.

Reaulation 16

This regulation amends paragraph 3 of part 5 of Schedule 1. The amendment makes it clear that the requirement is for a spare pair of glasses to be available to a pilot who uses correcting lenses to meet medical standard no. 1 or 2.

Regulation 17

This regulation sets out transitional provisions in relation to regulations 7 and 72A.

Subregulation 7.1 saves delegations made under regulation 7 before the coming into effect of the amendment to regulation 7 contained in these regulations.

Subregulation 7.2 provides that if a person had been examined under subregulation 72A(1) or (3) before the coming into effect of the amendments to regulation 72A contained in the proposed regulations, then the next examination must be carried out in accordance with subregulation 72A(5) or (5A), if applicable, of the Civil Aviation Regulations as amended by the proposed regulations.


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