Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1993 NO. 221

STATUTORY RULES 1993 No. 221

Issued by the authority of the Minister for Transport and Communications

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.

The Regulations make a number of miscellaneous amendments of the Civil Aviation Regulations (the Regulations). The majority of the amendments are technical in nature. The major substantive change relates to amendments of regulation 24.

Regulation 24 deals with applications for airworthiness certificates and the requirements that an applicant must satisfy before the Authority can issue a certificate in relation to a particular aircraft.

Prior to this amendment, if an aircraft had been imported into Australia, an applicant was required to show that the appropriate authority of the country from which the aircraft was exported had issued a certificate of airworthiness or an export certificate of airworthiness in respect of the aircraft. A certificate of airworthiness or an export certificate of airworthiness can only be issued by a civil regulatory authority.

A number of problems had arisen in relation to aircraft which had been imported into Australia and for which the purchasers have been unable to obtain current certificates of airworthiness or export certificates of airworthiness from the exporting countries. There have been a number of reasons for the unavailability of these documents including.

(a)        the aircraft were in the military service of the exporting country and were never on the civil register;

(b)       the exporting country may require certificates of airworthiness to be renewed at short intervals and the certificate has recently expired.

To overcome these problems, arrangements on a case by case basis were made by issuing an exemption under regulation 308 of the Regulations for aircraft caught in this situation. The amendment of Regulation 24 will avoid the need for this in future.

DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:

REGULATION 1

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

REGULATION 2

Two new definitions are inserted into subregulation 2 (1) of the Regulations. The definition of "power-assisted sailplane" is required to differentiate this type of aircraft from an aeroplane. It is referred to in various regulations relating to flight crew licensing. The Schedule of minor amendments at the end of the Regulations makes changes in the references from "power assisted gliders" to "power-assisted sailplanes".

The definition of "time-in-service" is required for the purposes of regulation 43B of the Regulations which deals with the recording of time-in-service on maintenance releases. The definition is needed, in particular, to enable accurate control over aircraft components which must be serviced or replaced after a specified period of use. The definition makes it clear that, in relation to aircraft and aircraft components, time-in-service is limited to the time that the aircraft is actually in flight and does not include time on the ground when the aircraft engines may be running but the aircraft is taxiing or waiting for take off.

REGULATION 3

The amendment clarifies the intent of subregulation 16 (6) of the Regulations to make it clear that subregulation 16 (6) is not contravened if a direction under paragraph 134 (3) (d) allows an aircraft to fly without a nationality or registration mark.

REGULATION 4

This regulation makes a number of amendments of regulation 24 of the Regulations.

Subregulations 4.1, 4.3 and 4.5 deal with technical drafting changes to the regulation.

Subregulation 4.2 provides that the requirements of paragraph 24 (2) (b) are subject to the new subregulation 24 (2A) inserted by subregulation 4.6.

Subregulation 4.4 provides for 2 subparagraphs to replace the existing subparagraph 24 (2) (b) (iii). The changes clarify how recent a particular certificate of airworthiness must be.

Subregulation 4.6 inserts a new subregulation 24 (2A) in the Regulations. This provides that if an applicant satisfies the Authority that, in relation to an imported aircraft, a certificate required under paragraph 24 (2) (b) of the Regulations is not available and if the aircraft meets certain criteria then the applicant does not have to comply with the paragraph.

Subregulation 4.7 defines 3 terms used in the amendments made by subregulations 4.4 and 4.6.

REGULATION 5

This regulation deals with 2 amendments of regulation 30 of the Regulations to make it clear that, when certain material is supplied to the Authority, it must be in writing.

REGULATION 6

This amends regulation 43B of the Regulations to pick up the term "time-inservice" inserted in the definitions by regulation 2 of these amendments.

REGULATION 7

The regulation amends regulation 5.54 to provide for the situation where a person who is requested to produce evidence of his or her identity does not comply with the request. The amendments mean that if a person does not comply with a request the person will not receive a licence, certificate, rating or endorsement, will not be able to sit for an examination or undertake a duty in relation to an aircraft until the person complies with the request.

REGULATION 8

The 2 changes amend regulation 5.179 to effect a technical amendment as, under subregulation 5. 179 (2), a "circuit" includes take-offs and landings.

REGULATION 9

The amendment inserts a new regulation 6.06A which provides that a person may be asked to provide evidence of their identity before a medical examination.

REGULATION 10

This amendment inserts a new regulation 6.16A which makes it an offence to undertake flight crew duties in relation to an aircraft if a person's ability to do so efficiently is impaired. If the impairment persists over an extended period then a medical certificate will be required before a flight crew member resumes duties.

REGULATION 11

The amendment is a recast of the existing regulation 89S of the Regulations to make some technical drafting changes. The effect of the existing regulation has not been altered.

REGULATIONS 12 AND 13

These amendments remove references to regulation 99A which has been repealed.

REGULATION 14

The regulation amends regulation 235 to provide for a penalty for a contravention of a direction given under subregulation 235 (7).

REGULATION 15

This amendment makes a technical drafting amendment to the definition of "prescribed penalty" in regulation 296A of the Regulations.

REGULATION 16

This amendment amends regulation 297A to rearrange the paragraphs in the definition of "reviewable decision" into the same order as the regulations empowering the decisions appear in the Regulations.

REGULATION 17

This regulation amends regulation 299 to make it clear that the holder of a licence, certificate, permit or authority is required to advise the Authority each time he or she changes their address.

REGULATION 18

This regulation provides for a large number of minor technical amendments set out in the Schedule. These amendments are to correct obsolete references and headings. The main amendments relate to the deletion of "powered" in relation to aeroplanes as, by definition, an aeroplane must be powered. The heading to Part M is amended and the Division headings of the Part are renumbered.

REGULATION 19

This transitional provision is necessary to save the directions issued under regulation 895 before that regulation is amended as set out in regulation 11 of these Regulations.

The Regulations commenced on gazettal.