Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1992 NO. 380

STATUTORY RULES 1992 No. 380

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 GovernorGeneral may make regulations for the purposes of the Act and in relation to the safety of air navigation.

The Regulations amend the provisions relating to the dropping of articles from aircraft and make a number of amendments of the flight crew licensing regulations which were made earlier this year and which come into force on 1 December 1992. The amendments of regulations 150 and 157 of the Civil Aviation Regulations relate to the dropping of articles from aircraft. The changes make clear the operations in the course of which packages, articles and substances may be dropped from aircraft and also identify dropping operations as a separate form of operation rather than in conjunction with, or as part of, another operation. The bulk of the proposed amendments relate to amendments of the flight crew licensing regulations which were made earlier this year (Statutory Rules 1992 No. 279) and are to commence in 1 December 1992. The amendments of the flight crew licensing regulations correct several oversights that have become evident since the regulations were made and correct several minor drafting errors.

Details of the amendments are as follows:

REGULATION 1

This regulation specifies the regulations which commence on 2 December 1992. The remainder came into operation on the date of gazettal.

REGULATION 2

This regulation provides that the Civil Aviation Regulations (the Regulations) are amended as set out in the Regulations.

REGULATION 3

This makes a number of amendments of the definitions in regulation 2 of the Regulations which were inserted into the Regulations by Statutory Rules 1992 No. 279. Those Statutory Rules also inserted a new Part 5 into the Regulations. That Part commences on 1 December 1992 and deals with the qualifications of flight crew and sets out certain aeronautical experience requirements that must be met before a person may be issued with a flight crew licence. The aeronautical experience is expressed as certain amounts of "recognised flight time". This time includes time flown by flight crew licence holders, the holders of licences issued by certain sport aviation bodies (such as the Gliding Federation of Australia) and the holders of licences issued by foreign aviation authorities. At present, however, it does not include flight time flown by a person as a member of a Defence Force although it was intended that such flight time should be recognised. The amendments of the definitions correct this oversight.

REGULATION 4

This regulation inserts a definition of "single place aircraft" into subregulation 5.01 (1) of the Regulations. This is necessary for the purposes of the amendment of regulation 5.23 made under the next regulation.

REGULATION 5

Regulation 5 inserts into regulation 5.23 (which deals with the issue of aircraft endorsements) a new subregulation (5). The subregulation empowers the Authority to permit persons to fly a single place aircraft without holding an aircraft endorsement for the aircraft if the flight is for the purpose of qualifying for the endorsement.

REGULATION 6

This regulation amends regulation 5.79 of the Regulations:

(a)       to make the terminology consistent with that of subregulation 5.23 (1); and

(b)       to authorise the holder of a private pilot (aeroplane) licence to fly a single place aeroplane as pilot in command without holding an aircraft endorsement for die aeroplane if the Authority has given permission under subregulation 5.23 (5).

REGULATIONS 7 TO 14 (INCLUSIVE)

These regulations make amendments of regulations 5.89, 5.97, 5.106, 5.122, 5.131, 5.152, 5.167 and 5.176 that are to the same effect as the amendment of regulation 5.79 made under regulation 6. Each amending regulation amends a Division of Part 5 that deals with a particular pilot licence such as private, commercial and air transport licences in relation to aeroplanes, helicopters and gyroplanes as well as the commercial pilot (airship) licence.

REGULATION 15

This regulation amends regulation 150 of the Regulations to make clear the operations in the course of which packages, articles and substances may be dropped from aircraft.

REGULATION 16

This amendment amends subregulation 157 (4) of the Regulations to identify dropping operations as a separate form of operation rather than in conjunction with, or as part of, another operation mentioned in the existing subregulation.

REGULATION 17

The amendment makes a technical drafting amendment of subregulation 265 (1) which is necessary as a result of amendments made by Statutory Rules 1992 No.279. Regulation 265 provides that the Authority may suspend a licence if the holder of the licence is required to undergo an examination under certain specified regulations. In most cases, it is the Authority that may require the holder of a licence to undergo the examination but, under regulation 5.38 (inserted by Statutory Rules 1992 No. 279), it is a senior flying operations inspector who may impose the requirement. The amendment makes this clear. The amendment also makes it clear that, while the flying operations inspector may require a licence holder to undergo an examination, it is the Authority and not the inspector who has the power to suspend the licence.

REGULATION 18

This amendment corrects 2 minor technical errors in the amendments of regulation 297A made by regulation 30 of Statutory Rules 1992 No. 279.