Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 159

159. (1) If a radio failure precludes compliance with regulation 158 and
regulation 243, the pilot in command of an aircraft shall:

   (a)  if in V.M.C.:

        (i)    continue to fly in V.M.C. and land at the
               most suitable aerodrome; and

        (ii)   report the aircraft's position and the circumstances to
               Air Traffic Control as soon as possible; or

   (b)  if in I.M.C. or when weather conditions are such that it does not
        appear possible to complete the flight in accordance with paragraph
        (a):

        (i)    proceed in accordance with the current flight plan, maintaining
               the minimum safe cruising level or the last acknowledged
               assigned cruising level, whichever is higher, to the aerodrome
               of intended landing;

        (ii)   arrange the flight so as to arrive as closely as possible to
               his or her estimated time of arrival; and

        (iii)  commence descent as closely as possible to the
               expected approach time last received and acknowledged or, if no
               expected approach time has been received and acknowledged, as
               closely as possible to the estimated time of arrival specified
               in the current flight plan.
(2) In this regulation, the "most suitable aerodrome" means the nearest
aerodrome suitable for the operation of the aircraft and at which radio,
telephonic or telegraphic communication facilities are available for reporting
the aircraft's position to Air Traffic Control.