Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 2

2. (1) In these Regulations, unless the contrary intention appears:

"acrobatic flight" means manoeuvres intentionally performed by an aircraft
involving an abrupt change in its attitude, an abnormal attitude, or an
abnormal variation in speed;

"adopted in pursuance of the Convention" means adopted by the International
Civil Aviation Organization in pursuance of Article 37 of the Convention;

"aerodrome control service" means an air traffic control service for
aerodrome traffic;

"aerodrome flight information zone" means an airspace designated as an
aerodrome flight information zone by the Authority in pursuance of regulation
111;

"aerodrome meteorological minima" means the minimum heights of cloud base and
minimum values of visibility which are determined in pursuance of regulation
257 for the purpose of determining whether an aerodrome may be used for
take-off or landing;

"aerodrome traffic" means all traffic on the manoeuvring area of an aerodrome
and all aircraft flying in the vicinity of an aerodrome;

"aerodyne" means an aircraft whose support in flight is derived dynamically
from the reaction on surfaces in motion relative to the air;

"Aeronautical Information Publications" or "AIP" means the publications
published under section 18 of the Act;

"aeronautical mobile radio service" means a radio service between aircraft
radio stations and land stations and between two or more aircraft radio
stations;

"aeroplane" means a power-driven heavier-than-air aircraft deriving its lift
in flight chiefly from aerodynamic reactions on surfaces remaining fixed under
given conditions of flight;

"agricultural operations" means the broadcasting of chemicals, seeds,
fertilizers and other substances from aircraft for agricultural purposes,
including purposes of pest and disease control; "aircraft component" means:

   (a)  any part or equipment for an aircraft that, when fitted to, or
provided in an aircraft may, if it is not sound or
functioning correctly, affecting
the safety of the aircraft, its occupants or its cargo or cause the a
become a danger to person or property; or

   (b)  flotation equipment, evacuation equipment, ration packs, portable
breathing apparatus, fire-fighting equipment, or any other equipment o
apparatus, fitted to, or provided in, an aircraft for use in an emergency
but does not include any part, equipment or apparatus for an aircraft in
respect of which a direction is in force under sub-regulation (2);

"aircraft maintenance engineer licence" means an aircraft maintenance
engineer licence in force under regulation 31;

"aircraft material" means a material (including a fluid) for use in the
manufacture, maintenance, servicing or operation of an aircraft or of an
aircraft component, but does not include an aircraft component;

"airline" means the operator of a regular public transport service;

"airship" means a power-driven lighter-than-air aircraft;

"air traffic" means all aircraft in flight or operating on the manoeuvring
area of an aerodrome;

"Air Traffic Control" means a service established by the Authority in
pursuance of regulation 97;

"air traffic control clearance" means an authorisation given by a person
performing duty in Air Traffic Control for an aircraft to procee d under
conditions specified in the authorisation;
   "air traffic control instructions" means directions given by a person

performing duty in Air Traffic Control for an aircraft to conduct its flight
in the manner specified in the directions;

"air traffic controller licence" means a licence granted under regulation
102;

"alternate aerodrome" means an aerodrome specified in the flight plan to
which a flight may proceed when it becomes inadvisable to land at the the
aerodrome of intended landing;

"altitude" means the vertical distance of a level or a point, or an object
considered as a point, measured from mean sea level;

"approach control service" means an air traffic control service for arriving
or departing flights of aircraft;

"approved" means approved by the Authority;

"apron" means that part of an aerodrome to be used:

   (a)  for the purpose of enabling passengers to board, or disembark
from, aircraft;

   (b)  for loading cargo on to, or unloading cargo from, aircraft; or

   (c)  for refuelling, parking or carrying out maintenance on aircraft;

"area control service" means an air traffic control service for flights of
aircraft in control areas;

"authorised" means authorised by the Authority or by a person, or a person
included in a class of persons, appointed by the Authority to give the
authority concerned;

"authorised person", for the purposes of a provision in which that
expression occurs, means:

   (a)  a person appointed under regulation 6 to be an authorised person
the purposes of that first-mentioned provision; or

   (b)  a person included in a class of persons appointed under regulation 6
        to be authorised persons for the purposes of that
first-mentioned provision;

"balloon" means a non-power-driven lighter-than-air aircraft;

"car", in relation to a lighter-than-air aircraft, means "basket"
whenever, in the case of any particular type of such aircraft, a basket
constructional feature of that type;

"cargo" means things other than passengers carried in aircraft;

"ceiling" means the height above the ground or water of the base of the
lowest layer of cloud below twenty thousand feet covering more
than one-half of the sky;

"centre of gravity", in relation to an aircraft at any time, means the
centre of gravity of the aircraft at that time estimated in accordance
with the method set out in a direction in force under subregulation 235 (1);

"certificate of airworthiness" means a certificate of airworthiness in force
under regulation 24;

"certificate of approval" means a certificate of approval in force under
regulation 30;

"channel" means the part of a water aerodrome that is navigable and cleared
for the safety of aircraft taking-off or landing in a given direction;

"Civil Aviation Orders" means orders issued by the Authority under
regulation 5;

"commercial operations" means civil air operations other than private
operations;

"Commonwealth aircraft" means an aircraft, other than a military aircraft,
that is in the possession or under the control of the Commonwealth or an
authority of the Commonwealth or is being used wholly or principally for a
purpose of the Commonwealth;

"constable" has the same meaning as in the Crimes Act 1914;

"control area" means an airspace designated as a control area by the Authority
in pursuance of regulation 99;

"control zone" means an airspace designated as a control zone by the Authority
in pursuance of regulation 99;

"controlled aerodrome" means an aerodrome designated as a controlled aerodrome
by the Authority in pursuance of regulation 99;

"controlled airspace" means a control area or a control zone;

"co-pilot" means a pilot serving in any piloting capacity other than the pilot
in command;

"crew member" means a person assigned by an operator for duty on an aircraft
during flight time, and any reference to "crew" has a corresponding meaning;

"cruising level", in relation to an aircraft in flight, means the height above
ground or water, or above an atmospheric datum, at which the aircraft flies
when it is not climbing or descending;

"current flight plan" means the flight plan, with any changes brought about by
subsequent air traffic control clearances and air traffic control
instructions;

"danger area" means an area declared by the Authority under regulation 140 to
be a danger area;

"dangerous lights" means any lights which may endanger the safety of aircraft,
whether by reason of glare, or by causing confusion with or preventing clear
visual reception of aeronautical lights or signals;

"elevation" means the vertical distance of a point or a level on or affixed to
the surface of the earth, measured from mean sea level;

"examination" means an examination by way of a test of theoretical knowledge
or a practical test of knowledge and skill;

"expected approach time" means the time at which it is expected that an
arriving aircraft will be cleared to commence approach for a landing;

"Federal airport" has the same meaning as in the Federal Airports  Corporation
Act 1986 ;

"flight crew member" means a licensed crew member charged with duties
essential to the operation of an aircraft during flight time, and any
reference to "flight crew" has a corresponding meaning;

"flight information area" means an airspace designated as a flight
information area by the Authority in pursuance of regulation 111;

"flight manual", in relation to an aircraft, means the flight manual for the
aircraft approved or issued in accordance with regulation 138, and includes
any alterations made to that flight manual in accordance with that regulation;

"flight plan" means specified information, provided to Air Traffic Control,
relative to the intended flight of an aircraft;

"Flight Service" means a service established by the Authority in pursuance of
regulation 109;

"flight service officer licence" means a licence granted under regulation 112;

"flight time" means the total time from the moment at which an aircraft first
moves under its own power for the purpose of taking-off until the moment at
which it comes to rest at the end of a flight;

"flight visibility" means the average range of visibility forward from the
cockpit of an aircraft in flight;

"foreign aircraft" means an aircraft registered:

   (a)  in a Contracting State or in a foreign country other than a
        Contracting State; or

   (b)  under a joint registration plan or an international registration
plan; "glider" means a non-power-driven heavier-than-air aircraft, deriving
its lift in flight chiefly from aerodynamic reactions on surfaces remaining
fixed under given conditions of flight;

"grant", in relation to a licence or certificate, means grant of the licence
or certificate, either by way of initial issue or by renewal from time to
time;

"gross weight", in relation to an aircraft at any time, means the weight of
the aircraft, together with the weight of all persons and goods (including
fuel) on board the aircraft, at that time, estimated in accordance with the
method set out in a direction in force under subregulation 235 (1);

"heading" means the direction in which the longitudinal axis of an aircraft is
pointed, usually expressed in degrees from North (true, magnetic or
compass); "heavier-than-air aircraft" is the generic term for aircraft
deriving their lift in flight chiefly from aerodynamic forces;

"hire-purchase agreement", in relation to an aircraft, means an agreement for
the bailment of the aircraft under which:

   (a)  the bailee may buy the aircraft; or

   (b)  the property in the aircraft will or may pass to the bailee;
and includes an agreement for the purchase of the aircraft by instalments,
whether the agreement describes the instalments as rent or hire or otherwise,
but does not include an agreement for the purchase of the aircraft under
which:

   (c)  the property in the aircraft passes absolutely at the time of the
        agreement to the person who agrees to purchase the aircraft; or

   (d)  the purchaser is a person who is engaged in the trade or business of
        selling aircraft;

"helicopter" means a heavier-than-air aircraft supported in flight by the
reaction of the air on one or more normally power-driven rotors on
substantially vertical axes;

"holder", in relation to a licence or a certificate granted or issued under
these Regulations, means a person to whom the licence or the certificate has
been granted or issued;

"horizontal plane" in relation to an aeroplane, means the plane containing the
longitudinal axis and perpendicular to the plane of symmetry of the aeroplane;

"I.F.R." is the symbol used to designate the Instrument Flight Rules
prescribed in Part XI;

"I.F.R. flight" means a flight conducted in accordance with the Instrument
Flight Rules prescribed in Part XI;

"I.F.R. operation" means an operation conducted in accordance with the
Instrument Flight Rules prescribed in Part XI;

"I.M.C." is the symbol used to designate meteorological conditions other than
those designated by the symbol "V.M.C.";

"instrument approach procedure" means the approved procedure to be followed by
aircraft in letting down from cruising level and landing at an aerodrome;

"international air service" means an air service which passes through the
airspace over the territory of more than one country;

"international operating agency" means an international operating agency
referred to in Article 77 of the Convention;

"international registration plan" means a plan for the registration by an
international organisation of aircraft operated, or to be operated, by an
international operating agency, being a plan approved by the Council by a
determination made in pursuance of Article 77 of the Convention;

"jet-propelled aircraft" includes an aircraft that is propelled by one or more
engines of the following kinds, namely, turbofan engines, turbojet engines,
unducted fan engines or rocket engines, but does not include an aircraft that
is propelled solely by conventional propeller engines;

"joint registration plan" means a plan for joint registration by Contracting
States constituting an international operating agency of aircraft operated, or
to be operated, by the agency, being a plan approved by the Council by a
determination made in pursuance of Article 77 of the Convention;

"kite" means a glider normally moored to the ground;

"land station" means a radio station, not capable of being moved, which
performs a mobile service;

"landing area" means the part of the manoeuvring area primarily intended for
landing or take-off of aircraft;

"landing strip" means a rectangular portion of the landing area, specially
prepared for the take-off and landing of aircraft in a particular direction;

"licensed" means licensed under these Regulations;

"lighter-than-air aircraft" is the generic term for aircraft supported chiefly
by their buoyancy in the air;

"maintenance" means:

   (a)  in relation to an aircraft:

        (i)    the doing of any work (including a modification or repair) on
               the aircraft that may affect the safety of the aircraft or
               cause the aircraft to become a danger to person or property; or

        (ii)   the making of a test or an inspection for the purpose of
               ascertaining whether the aircraft is in a fit state for flying;
               or

   (b)  in relation to an aircraft component or aircraft material:

        (i)    the doing of any work (including a modification or repair) on
               the aircraft component or aircraft material that may affect its
               soundness or correct functioning; or

        (ii)   the making of a test or an inspection for the purpose of
               ascertaining whether the aircraft component or
               aircraft material is sound or functioning correctly;

"maintenance documents", in relation to an aircraft, means any of the
following documents:

   (a)  documents issued by the Authority for the purposes of the maintenance
        of the aircraft; and

   (b)  documents issued by a person other than the Authority and approved by
        the Authority, or by an authorised person, for use for the purposes of
        the maintenance of the aircraft;

"maintenance release" means a maintenance release in force under regulation 
43 ;

"major damage", in relation to an aircraft, means damage of such a kind that
it may affect the safety of the aircraft or cause the aircraft to become a
danger to person or property;

"major defect", in relation to an aircraft, means a defect of such a kind that
it may affect the safety of the aircraft or cause the aircraft to become a
danger to person or property;

"maximum landing weight", in relation to an aircraft, means the weight set out
in the certificate of airworthiness of, or the flight manual for, the aircraft
as the maximum landing weight;

"maximum take-off weight", in relation to an aircraft, means the weight set
out in the certificate of airworthiness of, or the flight manual for, the
aircraft as the maximum take-off weight;

"meteorological information" means all classes of meteorological reports,
analyses, forecasts, warnings, advices and revisions or amendments thereto
which may be required in connection with the operation of air routes;

"meteorological minima" means the minimum values of meteorological elements as
determined by the Authority in respect of specified types of flight operation;

"meteorological observation" means the qualitative or quantitative evaluation
by instrumental or visual means of one or more meteorological elements at a
place at a given time;

"meteorological observer" means a person authorised by the Director of
Meteorology to make or record meteorological observations or a person approved
by the Authority for that purpose;

"meteorological report" means a statement, presented in plain language or in
code, either orally, in written form or by telecommunication, of past or
present meteorological conditions at ground level or in the free air as
observed from a given place;

"mile" means an International Nautical Mile, being 1,852 metres;

"military aerodrome" means an aerodrome under the control of any part of the
Defence Force;

"military aircraft" means aircraft of any part of the Defence Force (including
any aircraft that is being constructed for any part of the Defence Force),
other than any aircraft that is registered under these Regulations as an
Australian aircraft;

"movement area" means that part of an aerodrome to be used for the surface
movement of aircraft, including manoeuvring areas and aprons;

"nationality mark" includes a common mark used instead of a nationality mark
under a joint registration plan or an international registration plan;

"night flight" means flight during night;

"Notices to Airmen" or "NOTAMS" means the notices published under section 18
of the Act;

"operating crew" means any person having duties on board in connection with
the flying or safety of the flight of an aircraft;

"operational control" means the exercise of authority by Air Traffic Control
over the initiation, continuation, diversion or termination of flight;

"operational control service" means a service:

   (a)  for the provision of such advice and information as may be useful for
        the safe and efficient conduct of flights; and

   (b)  for the control of the initiation, continuation, diversion or
        termination of flights in order to ensure the safety of aircraft
        operations;

"operator" means a person, organisation, or enterprise engaged in, or offering
to engage in, an aircraft operation;

"permissible unserviceability", in relation to an aircraft, means a defect in,
or damage to, the aircraft of a kind approved by the Authority under
regulation 37 as a permissible unserviceability in relation to the aircraft;

"position report" means a message, in a specified form, containing information
on the position and progress of an aircraft;

"prohibited area" means an area declared by the Authority under regulation 140
to be a prohibited area;

"publications" means Aeronautical Information Publications or Visual Flight
Guides published by the Aeronautical Information Service, and includes any
amendments of those publications published by that Service from time to time;

"public transport service" means a service for the carriage of persons or
cargo for hire or reward;

"purchaser", in relation to a hire-purchase agreement, means a person who
takes or has taken an aircraft from a vendor under the agreement, and includes
a person to whom the purchaser's rights or liabilities under the agreement
have passed by assignment or operation of law;

"regular aerodrome" means an aerodrome which is listed in the flight plan as
an aerodrome of intended landing;

"registered" means registered under these Regulations;

"reporting point" means a specified geographical location in relation to which
the position of an aircraft can be reported;

"reserve time" means a period during which a flight crew member is required by
an operator to hold himself available for a tour of duty;

"rest period" means a period of time during which a flight crew member is
relieved by an operator of all duties associated with his employment;

"restricted area" means an area declared by the Authority under regulation 140
to be a restricted area;

"rotorcraft" means a heavier-than-air aircraft supported in flight by the
reaction of the air on one or more rotors on substantially vertical axes;

"route segment" means a route, or portion of a route, usually flown without an
intermediate stop;

"servicing", in relation to an aircraft, means preparing the aircraft for
flight, and includes providing the aircraft with fuel and other fluids that
are necessary for its operation, but does not include any work that is
maintenance;

"signal area" means a selected part of an aerodrome used for the display of
ground signals so that they will be visible to aircraft in the air;

"specific subject" means a subject for examination under these Regulations,
being a subject related to the maintenance of a particular type of aircraft,
engine, electrical installation, instrument installation or radio system,
declared by the Authority, by notification published in Civil Aviation Orders,
to be a specific subject for the purposes of these Regulations;

"State" includes the Northern Territory;

"Territory" does not include the Northern Territory;

"the Act" means the Civil Aviation Act 1988;

"the Convention" means the Chicago Convention;

"the Council" means the Council of the International Civil Aviation
Organization;

"the Director of Meteorology" means the Director of Meteorology under the
Meteorology Act 1955;

"tour of duty" means a period from the time at which a flight crew member
commences any duties associated with his employment before making a flight or
series of flights until the time at which he is finally relieved of all such
duties after the termination of the flight or flights, and includes a period
during which a flight crew member is required by an operator to hold himself
available at an aerodrome for the performance of any such duties;

"track" means the projection on the earth's surface of the path of an
aircraft, the direction of which at any point is usually expressed in degrees
from North (true or magnetic);

"traffic pattern" means the path over the ground of aircraft in flight in the
vicinity of an aerodrome during the execution of take-offs and landings and
their paths when manoeuvring on the manoeuvring area;

"vendor", in relation to a hire-purchase agreement, means a person who lets or
has let, or sells or has sold, an aircraft to a purchaser under the agreement,
and includes a person to whom the vendor's rights or liabilities under the
agreement have passed by assignment or operation of law;

"vertical plane", in relation to an aeroplane, means a plane perpendicular to
the horizontal plane;

"V.F.R." is the symbol used to designate the Visual Flight Rules prescribed in
Part XI;

"V.F.R. flight" means a flight conducted in accordance with Visual Flight
Rules prescribed in Part XI;

"V.F.R. operation" means an operation conducted under Visual Flight Rules
prescribed in Part XI;

"visibility" means the ability, as determined by atmospheric conditions and
expressed in units of distance, to see and identify prominent unlighted
objects by day and prominent lighted objects by night;

"V.M.C." is the symbol used to designate meteorological conditions equal to or
better than:

   (a)  where the flight is at a height of less than 5,000 feet-those
        specified in regulation 172; or

   (b)  in any other case-those specified in regulation 173.

(2) The Authority may direct that any part, equipment or apparatus for an
aircraft shall, for the purposes of these Regulations, be deemed not to be an
aircraft component.

(3) In Division 2 of Part X and in Parts XI and XII, unless the contrary
intention appears:

"landing" includes alighting on the water and "to land" has a corresponding
meaning;

"rule" means a rule prescribed by a regulation contained in that Division or
those Parts and "the rules" has a corresponding meaning;

"visible", in relation to lights, means visible on a dark night with a clear
atmosphere.

(4) For the purposes of Division 2 of Part X and Parts XI and XII, an aircraft
shall be deemed to be:
(a) "on the surface of the water" when any part of the aircraft is in contact
with the water;
(b) "making way" if, being under way in the air or on the surface of the
water, it has a velocity relative to the air or the water, as the case may be;
(c) "under command" when it is able to manoeuvre as required by the rules
contained in the provisions of Division 2 of Part X and in the provisions of
Parts XI and XII of these Regulations or by the International Regulations for
Preventing Collisions at Sea as set forth in Schedule 3 to the Navigation Act
1920;
(d) "under way" if, being in the air or on the surface of the water, it is not
aground or moored to the ground or to any fixed object on the land or in the
water.

(5) Where any rule contained in the provisions of Division 2 of Part X or in
the provisions of Parts XI and XII contains a provision similar to that of a
rule contained in the Rules of the Air adopted in pursuance of the Convention,
but a distance which in the last-mentioned rule is expressed by kilometres,
metres or centimetres (as the case may be) is in the first-mentioned rule
expressed in miles, feet or inches, an aircraft which, in respect of that
distance, complies with the last-mentioned rule shall also be deemed to comply
with the first-mentioned rule.

(6) For the purposes of these Regulations, an aircraft shall be classified in
accordance with the type of operations in which it is being employed at any
time, as follows:

   (a)  when an aircraft is being employed in aerial work operations, it shall
        be classified as an aerial work aircraft;

   (b)  when an aircraft is being employed in charter operations, it shall be
        classified as a charter aircraft;

   (c)  when an aircraft is being employed in regular public transport
        operations, it shall be classified as a regular public transport
        aircraft;

   (d)  when an aircraft is being employed in private operations, it shall be
        classified as a private aircraft.

(7) For the purposes of these Regulations:

   (a)  an aircraft that is flying or operating for a commercial purpose
        referred to in paragraph 206 (a) shall be taken to be employed in
        aerial work operations; (b) an aircraft that is flying or operating
        for a commercial purpose referred to in paragraph 206 (b) shall be
        taken to be employed in charter operations;

   (c)  an aircraft that is flying or operating for the commercial purpose
        referred to in paragraph 206 (c) shall be taken to be employed in
        regular public transport operations; and

   (d)  an aircraft that is flying or operating for the purpose of, or in the
        course of:

        (i)    the personal transportation of the owner of the aircraft;

        (ii)   aerial spotting where no remuneration is received by the pilot
               or the owner of the aircraft by any person or organisation on
               whose behalf the spotting is conducted;

        (iii)  agricultural operations on land occupied by the owner of the
               aircraft;

        (iv)   aerial photography where no remuneration is received by the
               pilot or the owner of the aircraft or by any person or
               organisation on whose behalf the photography is conducted;

        (v)    the carriage of persons or the carriage of goods without a
               charge for the carriage being made other than the carriage, for
               the purposes of trade, of goods being the property of the
               pilot, the owner or the hirer of the aircraft;

        (vi)   the carriage of goods otherwise than for the purposes of trade;

        (vii)  conversion training for the purpose of endorsement of an
               additional type or category of aircraft in a pilot licence; or

        (viii) any other activity of a kind substantially similar to any of
               those specified in subparagraphs (i) to (vi) (inclusive);
shall be taken to be employed in private operations.

(8) For the purposes of these Regulations, civil air operations are divided
into the classes of operations referred to in subregulation (7).

(9) Any reference in these Regulations to the owner of an aircraft, except in
regulation 8, 11, 24, 25, 27, 38, 46, 47 or 54, shall, where under a contract
of hire or charter agreement the control, maintenance and operation of the
aircraft is vested in the hirer, be read as a reference to the hirer.

(10) A reference in these Regulations to height shall be read as a reference
to:

   (a)  the vertical distance of a level or a point, or if an object is
        specified, that object considered as a point, measured from the datum
        specified in connection with the reference, or where no datum is
        specified, measured from the ground or water; or

   (b)  the vertical dimension of an object; as the case requires.

(11) For the purposes of these Regulations, any reference to endorsement in a
licence or other document shall be read as a reference to endorsement on the
document, and matter shall be deemed to be endorsed on a document if it is
written on any part of the document.

(12) A provision in these Regulations that requires, prohibits or authorises
the doing by an aircraft or a person of an act or thing at night or by night
shall be read as a provision that requires, prohibits or authorises, as the
case may be, the doing by the aircraft or the person of the act or thing when
the aircraft or person is at or over a place:

   (a)  if a period has been determined in accordance with regulation 310 in
        respect of the area in which the place is-at any time in that period;
        or

   (b)  in any other case-at any time after evening civil twilight at that
        place has ended and before morning civil twilight at that place next
        commences.