Commonwealth Numbered Regulations

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TRANSPORT SAFETY INVESTIGATION REGULATIONS 2003 2003 No. 158 - REG 2.2

Definitions for Part 2

In this Part:

"aircraft system" means a part of an aircraft that consists of an integral network of related and inter-controlled devices designed to perform a specific function.

Examples
An aircraft's flight management system, hydraulic system, electrical system, flight guidance system and navigation system.

"airprox" means an occurrence in which 2 or more aircraft come into such close proximity that a threat to the safety of the aircraft exists or may exist, in airspace where the aircraft are not subject to an air traffic separation standard or where separation is a pilot responsibility.

"air transport operation" means a regular public transport operation or a charter operation.

"approved flight envelope", in relation to an aircraft, means the operating limitations and limiting atmospheric conditions applying to the aircraft, as shown in the aircraft's flight manual, cockpit placards or other operating documents approved by CASA or the appropriate authority of another country.

Examples
Limitations on the aircraft's centre of gravity, or its minimum or maximum speed.

"Australian Flight Information Region" means the Australian Flight Information Region specified in the Designated Airspace Handbook produced by Airservices Australia, as in force at the commencement of these Regulations.

"charter operation" means an operation for the purpose of:

(a)
the carriage of passengers or cargo for hire or reward to or from any place, other than carriage in accordance with fixed schedules to and from fixed terminals, or carriage of the kind permitted by subregulation 262AM (7) of the Civil Aviation Regulations 1988 ; or

(b)
the carriage, in accordance with fixed schedules to and from fixed terminals, of passengers or cargo or passengers and cargo in circumstances in which the accommodation in the aircraft is not available for use by persons generally.

Note
Subregulation 262AM (7) of the Civil Aviation Regulations 1988 provides:

`(7) A person may carry passengers in a limited category aircraft in circumstances where payment is made for carriage ... only if:
(a) the pilot in command holds a commercial pilot licence, or an air transport pilot licence, with appropriate ratings and endorsements for a flight of that kind; and
(b) the aircraft departs from and returns to the same aerodrome without landing anywhere else; and
(c) the flight does not involve training or flight testing, and is not a scenic flight; and
(d) the aircraft:
(i) is a replica aircraft, ex-military aircraft or historic aircraft; or
(ii) is being operated for the purpose of parachute jumping, mock combat or aerobatics; or
(iii) is being operated only to carry passengers as part of an intrinsically hazardous recreational activity; and
(e) each passenger has acknowledged in writing that the passenger has been told about the matters mentioned in subregulation (5).'.

"control area" means airspace that is determined to be a control area under paragraph 2.04 (1) (d) of the Air Services Regulations.

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

"control zone" means airspace that is determined to be a control zone under paragraph 2.04 (1) (e) of the Air Services Regulations.

"critical rejected take-off", in relation to an aircraft, means a take-off that is interrupted or prevented by a decision initiated either by the pilot involved or the air traffic service, after the aircraft has reached, or while it is approaching, take-off speed on the runway.

"flight crew member" means a licensed crew member who has duties essential to the flight management of an aircraft.

"fuel exhaustion", in relation to an aircraft, means the aircraft has exhausted its useable fuel.

"fuel starvation", in relation to an aircraft, means an interruption to the fuel supply to the aircraft's engines, although there is useable fuel on board the aircraft.

"ICAO" means the International Civil Aviation Organization referred to in the Convention on International Civil Aviation, done at Chicago on 7 December 1944.

"minimum altitude" means:

(a)
for aircraft operating in the Australian Flight Information Region — the altitude determined under regulation 178 of the Civil Aviation Regulations 1988 ; or

(b)
for aircraft operating outside the Australian Flight Information Region, and in a place where a local standard is in force at the commencement of these Regulations — the altitude specified in that standard, as in force at the commencement of these Regulations; or

(c)
for aircraft operating outside the areas mentioned in paragraphs (a) and (b) — the altitude specified in ICAO document 4444, as in force at the commencement of these Regulations.

"near-collision", in relation to an aircraft, means an occurrence in which the aircraft was required to manoeuvre to avoid a collision with another aircraft, or where an avoidance manoeuvre would have been appropriate.

"predicted performance", in relation to a take-off or initial climb of an aircraft, means the performance that the aircraft, or an aircraft of the same type and model, would be expected to achieve in the conditions applying at the time of take-off, based on information in the aircraft flight manual or information published by the aircraft manufacturer.

"redundant system" means one of 2 or more systems for performing a task if either of the systems alone would be sufficient, in the absence of system failure, to perform the task.

"regular public transport operation" means an operation for the purpose of transporting persons generally, or transporting cargo for persons generally, for hire or reward in accordance with fixed schedules to and from fixed terminals over specific routes with or without intermediate stopping places between terminals.

"runway incursion" means any intrusion of an aircraft, vehicle, person, animal or object on the ground within a runway strip or helicopter landing site that creates a collision hazard or results in a reduction of safety for aircraft.

"separation standard" means the separation standard specified in:

(a)
for aircraft operating in the Australian Flight Information Region — the Manual of Air Traffic Services produced by Airservices Australia and the Department of Defence, as in force at the commencement of these Regulations; or

(b)
for aircraft operating outside the Australian Flight Information Region, and in a place where a local standard is in force at the commencement of these Regulations — that standard, as in force at the commencement of these Regulations; or

(c)
for aircraft operating outside the areas mentioned in paragraphs (a) and (b) — ICAO document 4444, as in force at the commencement of these Regulations.

"traffic collision avoidance system resolution advisory" means manoeuvring advice given to a pilot by airborne collision avoidance system equipment to avoid conflict with another aircraft.

"violation of controlled airspace" means unauthorised entry of an aircraft into airspace for which clearance is required, or to which entry is prohibited.



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