Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1992 NO. 258

Statutory Rules 1992 No. 258

(Issued by the authority of the Minister for Shipping and Aviation Support)

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.

These Regulations amend the Civil Aviation Regulations by amending subregulation 2(1) and regulation 172.

Regulation 172 sets out the requirements that must be satisfied before a flight can be conducted under the Visual Flight Rules (referred to as V.F.R. flight). Subregulation 172(2) provides that the pilot in command must not conduct a V.F.R. flight unless the flight visibility during the flight, and the vertical and horizontal distances from cloud, are equal to or greater than the applicable distances determined by the Civil Aviation Authority (the Authority).

Subregulation 172(2) is subject to subregulations 172(4) and (5) which specify conditions for conducting a V.F.R. flight in a balloon.

The Authority has now prepared determinations under subregulation 172(2) specifying distances in relation to flight visibility and vertical and horizontal distances from cloud that will be applicable from 20 August 1992 to V.F.R. flights in balloons. Those determinations will replace the conditions specified in subregulations 172(4) and (5). Accordingly, the subregulations are no longer necessary and have been omitted.

The Regulations also amend the definition of "V.M.C." in subregulation 2(1). "V.M.C." is the symbol used to designate the visual meteorological conditions in which a V.F.R. flight may be conducted. The definition previously referred to subregulations 172(4) and (5) in relation to balloons. The omission of those subregulations makes those references unnecessary. Accordingly, the Regulations amend the definition of "V.M.C." to omit the references to subregulations 172(4) and (5).

The Regulations will commence on 20 August 1992.