Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1991 NO. 409

STATUTORY RULES 1991 No. 409

Issued by the Authority of the Minister of State 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 amending regulations amend subregulation 233(1) of the Civil Aviation Regulations (the Regulations) and insert a new regulation 235A into the Regulations.

Paragraph 233(1)(h) required an aircraft to carry, for use by the flight crew, aeronautical maps, charts and other aeronautical information and instructions that had been published in Aeronautical Information Publications. This restricted the flight crew to the use of material that had been published by the Authority.

The amendment of regulation 233 permits the carriage and use of material that has been published by a person approved by the Authority. The person supplying the alternative material will have to be approved by the Authority and conditions for giving that approval will be imposed if necessary.

The Authority used to publish standards detailing minimum runway widths applicable to aeroplanes and types of aeroplanes. However, there was no express power in the Regulations which prescribed a procedure for setting those widths. Regulation 235A introduces a consistent legislative basis for setting those standards.

The regulation allows the Authority to issue instructions specifying the minimum runway width applicable to an aeroplane or a type of aeroplane. The instructions have to be published in Aeronautical Information Publications or served on a person to whom they apply before they take effect.

Under regulation 235A, the Authority is able to grant exemptions subject to whatever conditions it considers necessary in the interests of safety.

Details of the amending regulations are attached.

The amending regulations commenced on the date of their notification in the Gazette.

ATTACHMENT

DETAILS OF AMENDING REGULATIONS

Regulation 1 - Amendment

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

Regulation 2 - Responsibility of pilot in command before flight

This regulation amends regulation 233. Subregulation 233(1) states that an aircraft must not commence a flight unless the pilot ensures that the requirements set out in it are met. Paragraph (1)(h) required that maps, charts and other information and instructions that have been published in Aeronautical Information Publications and are applicable to the route to be flown and any alternative route that may be flown must be carried in the aircraft and be readily accessible to the flight crew.

Subregulation 2.1 amends subregulation 233(1) by omitting paragraph (h) and substituting a new paragraph. New paragraph (h) requires the carriage and accessibility to the flight crew of maps, charts and other aeronautical information and instructions that have been published in Aeronautical Information Publications or by a person approved by the Authority.

Subregulation 2.2 inserts a subregulation (1A) after subregulation 233(1). The new subregulation gives the Authority the power to specify conditions in an instrument of approval given under paragraph 233(1)(h).

Regulation 3

This regulation inserts a new regulation 235A:

Regulation 235A (Minimum runway width)

Subregulation 235A(1) empowers the Authority to issue instructions specifying the minimum runway width applicable to an aeroplane or a specified type of aeroplane.

Subregulation 235A(2) provides that an aeroplane must not land at, or take-off from, a runway if the minimum runway width is less than the minimum runway width applicable to that aeroplane or the type of aeroplane in which that aeroplane is included. To do so is an offence punishable by a penalty not exceeding $5,000.

Subregulation 235A(3) provides that an instruction issued under subregulation (1) does not have effect in relation to a person until it has been served on the person or published in Aeronautical Information Publications.

Subregulation 235A(4) empowers the Authority to exempt, by instrument in writing, an aeroplane or aeroplanes of a specified type, model or series from compliance with an instruction issued under subregulation (1). This subregulation allows the Authority to exempt an aeroplane or a class of aeroplane from compliance with an instruction that would otherwise apply under subregulation (1), if the Authority considers that the performance of that aeroplane or class of aeroplane justifies granting the exemption.

Subregulation 235A(5) provides that an exemption is subject to whatever conditions the Authority may specify in the instrument of exemption as being necessary in the interests of safety. This subregulation allows the Authority to impose conditions on granting an exemption, such as specifying circumstances in which the exemption will apply and specifying the minimum runway width which will apply to the particular aeroplane or class of aeroplane involved.

Subregulation 235A(6) provides that before the Authority decides to exempt an aeroplane or a type, model or series of aeroplane from compliance with an exemption, or to make an exemption subject to conditions, the Authority must take into account any relevant considerations relating to safety. This subregulation recognises that one of the functions of the Authority is to conduct the safety regulation of civil air operations.

Subregulation 235A(7) makes it an offence to contravene a condition subject to which an exemption is granted. A contravention is punishable by a penalty not exceeding $5,000.

Subregulation 235A(8) defines a type of aeroplane for the purposes of regulation 235A.

Examples are provided after subregulation (8) of models and series of aeroplanes that are included in the same types.