Commonwealth Numbered Regulations

1991 No. 382 CIVIL AVIATION REGULATIONS (AMENDMENT) - REG 16

16.1 Omit the regulation, substitute: Operating near other aircraft

"163. (1) An aircraft must not be flown so close to another aircraft as to
create a collision hazard. Penalty: $5,000.

"(2) An aircraft must not be operated on the ground in such a manner as to
create a hazard to itself or to another aircraft. Penalty: $5,000. Formation
flying

"163AA. (1) Aircraft must not be flown in formation unless:

   (a)  each of the pilots in command is qualified to fly in formation; and

   (b)  the formation is pre-arranged between the pilots in command; and

   (c)  the formation flight is conducted either:

        (i)    under the Visual Flight Rules by day; or

        (ii)   under an approval given by the Authority. Penalty: $5,000.

"(2) Unless otherwise approved by the Authority, a pilot in command is
qualified for the purposes of paragraph (1) (a) only if:

   (a)  the pilot has been certified by the holder of a flight instructor
        rating as being competent to fly in formation, being a rating that is
        appropriate to the category of aircraft to be flown in the formation;
        and

   (b)  the certification is entered in the pilot's log book.

"(3) For the purposes of this regulation, 2 or more aircraft are flown in
formation if:

   (a)  they are flown in close proximity to each other; and

   (b)  they operate as a single aircraft with regard to navigation, position
        reporting and control.

"(4) In determining whether aircraft are in close proximity to each other,
regard is to be had to the type of aircraft in the formation and the speed of
those aircraft.

"(5) In spite of subregulation (3), aircraft are to be taken to be in
formation:

   (a)  during any period when they are manoeuvring to achieve separation from
        each other in order to effect individual control; and

   (b)  during join-up and breakaway.".