Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1997 NO. 220

STATUTORY RULES 1997 No. 220

Issued by the authority of the Minister for Transport and Regional Development

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.

PURPOSE OF AMENDING REGULATIONS

The purpose of the amending regulations is to allow single engine turbine powered aircraft to be flown in certain commercial passenger carrying operations under the Visual Flight Rules (V.F.R) at night or under the Instrument Flight Rules (I.F.R.). The use of all single engine aircraft in those operations was prohibited. The change results from the improved reliability of turbine powered engines.

VISUAL FLIGHT RULES AND INSTRUMENT FLIGHT RULES

Under the Civil Aviation Regulations, flights may be carried out under the V.F.R- if the aircraft can remain at certain minimum vertical and horizontal distances from cloud and the flight visibility from the cockpit meets certain minimum requirements. When the criteria for V.F.R flights cannot be met, a flight must be conducted under the I.F.R or terminated. A flight may only be conducted under the I.F.R. if certain procedures are followed, the aircraft is equipped with the required flight instruments and navigation equipment and the pilot is appropriately qualified.

BACKGROUND

Regulations 174B and 175A of the Civil Aviation Regulations restrict the use of single engine aircraft. Subject to certain exceptions, subregulation 174B(2) prohibits the use of single engine aircraft under the V.F.R- at night and regulation 175A, prohibits the use of single engine aircraft under the I.F.R. The carriage of passengers for hire or reward in charter operations or regular public transport operations was not allowed under the V.F.R. at night or under the I.F.R.

The amendments amend subregulation 174B(2) and replace regulation 175A.

AMENDMENT OF SUBREGULATION 174B(2)

The amendment of subregulation 174B(2) allows the carriage of passengers for hire or reward in single engine turbine powered aeroplanes engaged in charter operations at night under the V.F.R. The aeroplane to be used and the operator have to be approved in writing by the Civil Aviation Safety Authority (CASA).

REPLACEMENT OF REGULATION 175A

In addition to the exceptions contained in the previous regulation, the new regulation 175A allows the carriage of passengers for hire or reward in single engine turbine powered aeroplanes engaged in charter or regular public transport operations under the I.F.R. The aeroplane to be used and the operator have to be approved in writing by CASA. In addition, in relation to the carriage of passengers in regular public transport operations, CASA is able to issue directions to the operator to ensure that the safety of the operations is not affected by seasonal factors, the conduct of operations by night, adverse weather patterns or terrain.

The Regulations commenced on gazettal.

Details of the Regulations are attached.

ATTACHMENT

DETAILS OF REGULATIONS

REGULATION 1 (Amendment)

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

REGULATION 2 (Regulation 174B (V.F.R. flights at night))

This regulation amends regulation 174B by adding a new paragraph (d) to subregulation (2). Subregulation (2) prohibited the flying of single engine aircraft at night under the V.F.R. except in the operations mentioned in paragraphs (a), (b) and (c). The new paragraph (d) permits the carrying of passengers for hire or reward in charter operations, if the operator has been approved in writing by CASA to conduct the operations and the operations are conducted in a turbine powered aeroplane approved by CASA.

REGULATION 3 (Regulation 175A (Restriction on I.F.R. flights by single engine aircraft))

This regulation replaces regulation 175A with a new regulation. Under the new regulation, as in the previous regulation, the flying of single engine aircraft under the I.F.R. is prohibited except in the operations specified in the regulation. Particulars of the new regulation are set out below.

Subregulation 175A(1):

Subregulation 175A(1) prohibits the flying of single engine aircraft at night under the I.F.R. except on operations specified in paragraphs 175A(1)(a) to (d). Paragraphs (1)(a) to (c) specify the operations specified in the old subregulation 175A(1). Paragraph (1)(d) allows the carrying of passengers for hire or reward on charter or regular public transport operations, if the operator has been approved in writing by CASA for the conduct of the operations and the operations are conducted in a turbine powered aeroplane approved by CASA- A maximum penalty of 25 penalty units is provided for non-compliance.

Subregulation 175A(2):

Subregulation 175A(2) allows CASA to issue directions to ensure the safety of regular public transport operations permitted in accordance with paragraph (1)(d).

The directions will have to be in respect of those matters specified in paragraphs 175A(2)(a) to (d), being seasonal factors, the conduct of operations by night, adverse weather patterns or terrain.

Subregulation 175A(3):

Subregulation 175A(3) provides that an operator who is bound by a direction must not contravene it. A maximum penalty of 10 penalty units is provided for non-compliance.

Subregulation 175A(4):

Subregulation 1.75A(4) provides that a direction does not bind an operator unless it has been given to the operator.