Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1992 NO. 418

Statutory Rules 1992 No. 418

(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.

A recent amendment of the Regulations inserted a new Part 5 dealing with the qualifications of flight crew. The amendment commenced on 1 December 1992. Under Part 5, the holder of a pilot licence is prohibited from exercising the authority given by the licence unless he or she completes a flight review every 2 years. Aeroplane, airship and balloon pilots were previously subject to this prohibition under the Civil Aviation Orders (the Orders). However. the Orders dealing with helicopter and gyroplane pilots did not impose such a restriction. The commencement of Part 5, and in particular of regulations 5.91, 5.99, 5.124, 5.133 and 5.178, has had the effect of prohibiting helicopter and gyroplane pilots from flying until they complete a flight review. Such a prohibition was intended to apply to helicopter and gyroplane pilots only after a 2 year transitional period.

Regulations 2, 3, 4, 5 and 7 amend regulations 5.91, 5.99, 5.124, 5.133 and 5.178 respectively to provide a period of 2 years before this prohibition comes into effect.

Regulation 5.142 of the Regulations prohibits the holder of a commercial pilot (balloon) licence from carrying out an activity for which a rating is required unless he or she holds the relevant rating.

Under subregulation 5.01 (2) of the Regulations, the activities for which a rating is required include flying by night under the Visual Flight Rules (the V.F.R.). This means that a balloon pilot must hold a night V.F.R. rating if he or she flies a balloon at night under the V.F.R. However, the Authority does not require a balloon pilot to hold the rating if the balloon he or she is flying is tethered. Regulation 6 amends regulation 5.142 to give effect to this policy.

The regulations commenced on Gazettal.