Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1998 NO. 288

Statutory Rules 1998 No. 288

(Issued by the authority of the Minister for Transport and Regional Development)

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.

Subsection 20AB (1) of the Act provides that a person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless the person holds an authorisation (however called) given under the Civil Aviation Regulations (the CARs) that authorises him or her to perform the duty or the person is authorised by, or under, the Regulations to perform the duty without holding the authorisation. Flight crew members perform duties essential to the operation of Australian aircraft during flight time.

Part 5 of the CARs sets out the general requirements that apply to flight crew licences and empowers CASA to make Civil Aviation Orders about the requirements that apply to flight crew ratings and aircraft endorsements. The Part establishes licences for pilots, flight engineers and radio operators. The Part provides for 4 levels of pilot licences for aeroplanes and helicopters. Each licence is dealt with in a separate Division that sets out the requirements for that licence, the authority given by the licence and the limitations on that authority.

The amending Regulations make a large number of amendments to die CARs. The purpose of the amendments is to provide for a more flexible regime and to up-date and clarify the general requirements that apply to flight crew licences.

The amendments cover a range of matters concerning various training requirements, examinations, tests, checks and reviews. A large number of the amendments clarify particular requirements or correct minor errors in the Regulations. A number of other amendments remove inappropriate requirements relating to flight crew licences that are no longer considered necessary in the interests of the safety of air navigation or remove unnecessary burdens imposed on industry.

It is not considered that the amendments will be detrimental to the safety of air navigation.

CASA consulted the Office of Regulation Review (ORR) in relation to the amendments. ORR agreed that a Regulation Impact Statement was not required in relation to the amendments.

Details of the amending Regulations are attached.

The amending Regulations commenced on gazettal.

ATTACHMENT

DETAILS OF THE AMENDING REGULATIONS

REGULATION 1

Regulation 1 provides that the CARs are amended as set out in the Regulations.

REGULATION 2

Regulation 2 inserts in subregulation 2 (1) of the CARs the definitions of "overseas authorisation" and "overseas medical certificate" and a new subregulation 2 (13). Both the terms "overseas authorisation" and "overseas medical certificate", currently defined in subregulation 5.05 (2), have a general application. New subregulation 2 (13) is an interpretative provision, making it clear that notes in square brackets included in the Regulations are included for information only.

REGULATION 3

Regulation 3 amends the definitions of "class endorsement" and "helicopter conversion training in regulation 5.01 of the CARs, consequential on the amendments relating to the training required for flying helicopters.

REGULATION 4

Regulation 4 amends regulation 5.05 of the CARs to omit the definitions; of "overseas authorisation" and "overseas medical certificate", consequential on the amendment to include those definitions in regulation 2.

REGULATION 5

Regulation 5 amends regulation 5.07 of the CARs, making it clear that a flight test or assessment of a person must not be conducted unless the person attempting the test or assessment holds an appropriate medical certificate issued in Australia or overseas.

REGULATION 6

Regulation 5.21 of the CARs deals with the approval of persons to give flying training (called "conversion training") in relation to aircraft endorsements. Conversion training is undertaken by pilots for the purposes of qualifying for particular aircraft endorsements. Regulation 6 amends regulation 5.21 enabling CASA to approve someone who holds a private pilot (aeroplane) licence or a private pilot (helicopter). licence to give the relevant training. For example, it would enable CASA to approve the holder of private pilot (aeroplane) licence to give conversion training in an amateur built aeroplane. Such training would usually be given by an approved commercial (aeroplane) pilot or an approved air transport (aeroplane) pilot. However, in such a case, there may be no commercial (aeroplane) pilots or air transport (aeroplane) pilots holding the appropriate aircraft endorsements to give the relevant training.

REGULATION 7

Regulation 7 amends regulation 5.22 of the CARs to empower CASA to give directions in Civil Aviation Orders classifying types of helicopters, as well as aeroplanes, into classes. The amendment allows certain helicopters to be grouped together similarly to aeroplanes for the purposes of the training requirements for particular aircraft endorsements. The revised requirements remove unnecessary repetition in the training requirements for flying different helicopters and should reduce industry training costs accordingly.

REGULATION 8

Regulation 8 amends regulation 5.27 of the CARs to allow CASA to set and conduct the certificate of validation examinations that CASA considers necessary in the interests of air safety. A certificate of validation examination must be based on examination materials published by CASA. The amendment adopts a flexible approach to provide for a number of different situations in relation to those examinations. Applicants have wide-ranging backgrounds and experience and in the interests of safety it is considered necessary for competency to be demonstrated as the case requires. The amendment clarifies the requirements for a certificate of validation by setting out all the relevant requirements in one regulation.

REGULATION 9

Regulation 9 amends regulation 5.30 of the CARs to on-lit the sign post definition of "overseas authorisation".

REGULATION 10

Regulation 10 amends regulation 5.31 of the CARs to omit the sign post definition of "overseas authorisation".

REGULATION 11

Regulation 11 amends regulation 5.32 of the CARs to omit the sign post definitions of "overseas authorisation" and "overseas medical certificate".

REGULATION 12

Regulation 12 amends regulation 5.33 of the CARs to omit the sign post definitions of "overseas authorisation" and "overseas medical certificate".

REGULATION 13

Regulation 13 amends paragraph 5.40 (2) (a) of the CARs in relation to the circumstances in which a person may fly an aircraft acting as pilot in command under supervision. The amendment provides for a more flexible regime, allowing the operator of an aircraft to permit a person to fly the aircraft as pilot in command under supervision if the person holds a commercial pilot licence or air transport pilot licence that authorises him or her to fly the aircraft, or a certificate of validation that has effect as if it were such a licence.

REGULATION 14

Regulation 5.41 of the CARs empowers CASA to set and conduct certain tests and examinations. Regulation 14 amends regulation 5.41 to add a basic aeronautical knowledge examination and a range of overseas conversion examinations to the list of examinations and tests CASA may set and conduct. The amendments amend the list of examinations to better reflect the various subjects examined for the purposes of particular qualifications.

REGULATION 15

Regulation 15 amends regulation 5.42 of the CARs to clarify the requirements to be met by an approved testing officer (a person to whom CASA has delegated its power to conduct flight tests) when he or she conducts a flight test. The new provisions dealing with flight test reports empower CASA to request any other documents that are in the possession and control of the officer and are reasonably required by CASA in relation to a flight test.

REGULATION 16

Regulation 16 amends regulation 5.56 of the CARs to omit the sign post definition of "overseas medical certificate".

REGULATION 17

Regulation 17 adds a reference to the flight radiotelephone operator syllabus in regulation 5.59 of the CARs. The amendment corrects the inadvertent omission of the reference from the original list of syllabuses of training included in the regulation.

REGULATION 18

Regulation 5.67 of the CARs requires a student to have received adequate training before an instructor may give him or her permission to fly as pilot in command. Regulation 18 amends regulation 5.67 making it clear that a student must not fly as pilot in command unless the instructor believes the student can safely do so on each flight. The amendment will enact the necessary safeguard.

REGULATION 19

Regulation 19 inserts a reference to a basic aeronautical knowledge examination in regulation 5.72 of the CARs. The amendment of regulation 5.72 clarifies the circumstances in which an instructor may permit a student to fly as pilot in command of an aircraft that is carrying passengers.

REGULATION 20

Regulation 20 amends regulation 5.77 of the CARs. The amendments update and clarify the qualifications a person must hold if he or she is to be issued a private pilot (aeroplane) licence.

The amendment to paragraph 5.77 (1) (b) allows a person who has passed the required examinations for the flight radiotelephone operator licence but who does not hold the licence to count a pass in those examinations for the purposes of qualifying for a private pilot licence. The amendment removes an unnecessary restriction in relation to the qualifications for the licence. The amendment to paragraph 5.77 (1) (c) broadens the qualifications to include a pass in a commercial pilot (aeroplane) licence theory examination. The amendment to subparagraph 5.77 (3) (a) (iii) replaces the reference to an "air law examination" with a reference to an "overseas conversion examination" better reflecting the subject matter of the examination. The amendments to paragraph 5.77 (3) (b) add a requirement for a pass in an overseas conversion examination. removing a burden on operators of a regular public transport service in relation to the carrying out of assessments of basic theoretical knowledge.

REGULATION 21

Regulation 5.80 of the CARs requires a private (aeroplane) pilot to hold a flight crew rating before carrying, out an activity for which a flight crew rating is required, except in the specified circumstances. Regulation 21 adds a new subregulation (3) to regulation 5.80. The amendment gives effect to operational policy regarding conversion training. If the holder of a private pilot (aeroplane) licence is approved under regulation 5.21 to give aeroplane conversion training, the licence authorises the holder to give the training without holding a flight instructor rating. Such training may be given in an aeroplane for which the holder also holds an aircraft endorsement and to a person who holds an aeroplane pilot licence.

REGULATION 22

Regulation 5.81 of the CARs requires a private (aeroplane) pilot to undertake a check of his or her aeroplane flying skills (known as an aeroplane flight review) every 2 years except in specified circumstances. Regulation 22 amends paragraph 5.81 (5) (c) by expressly providing that a flight instructor must hold an appropriate grade of rating to conduct aeroplane flight reviews.

REGULATION 23

This amendment is a technical amendment amending the notes following the heading to Division 6.

REGULATION 24

Regulation 5.87 of the CARs sets out the qualifications for a private pilot (helicopter) licence. Regulation 24 amends regulation 5.87 in relation to those qualifications, mirroring the amendments to regulation 5.77.

REGULATION 25

Regulation 5.89 of the CARs requires the holder of a private pilot (helicopter) to hold a type endorsement for the type of helicopter he or she proposes to fly except in specified circumstances. Regulation 25 amends regulation 5.89, replacing references to "type endorsement" with "aircraft endorsement". The amendments enable the holder of a helicopter pilot licence to hold type or class endorsements and remove unnecessary repetition in the training requirements accordingly.

REGULATION 26

Regulation 5.90 of the CARs deals with ratings on private pilot (helicopter) licences. Regulation 26 amends regulation 5.90 which deals with flight crew ratings. The amendments to regulation 5.90 mirror the amendments to regulation 5.80 in relation to the circumstances in which conversion training may be given.

REGULATION 27

Regulation 27 amends regulation 5.91 of the CARs which set out the requirements for regular flight reviews of private (helicopter) pilots. The amendments to regulation 5.91 mirror the amendments to regulation 5.81 in relation to flight reviews.

REGULATION 28

Regulation 5.94 of the CARs deals with private pilot (helicopter) licence flight tests. Regulation 28 amends paragraph 5.94 (1) (a), replacing a reference to "type endorsement" with a reference to "aircraft endorsement". The amendment is consistent with amendments to regulation 5.89 in relation to aircraft endorsements.

REGULATION 29

Regulation 5.95 of the CARs sets out the qualifications for a private pilot (gyroplane) licence. Regulation 29 amends regulation 5.95 in relation to those qualifications generally mirroring the amendments to regulations 5.77 and 5.87. The amendment to subparagraph 5.95 (3) (b) (ii) introduces a requirement for a pass in a private pilot (gyroplane) licence theory examination, mirroring the amendments to paragraph 5.77 (3) (b).

REGULATION 30

Regulation 30 amends regulation 5.104 of the CARs to clarify the aeronautical experience requirements for a commercial pilot (aeroplane) licence in relation to those persons who are commercially trained and those who are not.

The remaining amendments to regulation 5.104 concerning the qualifications for a commercial pilot (aeroplane) licence mirror amendments to regulations 5.77, 5.87and 5.95.

REGULATION 31

Regulation 5.107 of the CARs deals with ratings on commercial (aeroplane) pilot licences. Regulation 31 amends regulation 5.107 and the notes to the regulation. The amendments to regulation 5.107 mirror the amendments to regulations 5.80 and 5.90 in relation to the circumstances in which conversion training may be given.

REGULATION 32

Regulation 32 amends regulation 5.108 of the CARs which sets out the requirements for regular flight reviews of commercial (aeroplane) pilots. The amendments mirror the amendments to regulations 5.81 and 5.91 in relation to flight reviews.

REGULATION 33

Regulation 5.110 of the CARs sets out certain limitations on the authority given by a commercial pilot (aeroplane) licence if its holder is over 60 years of age. An aeroplane proficiency cheek referred to in regulation 5.110 means a check that is required by subregulation 217 (2). Regulation 33 amends regulation 5.110 by widening the existing requirements to provide an alternative to the aeroplane proficiency check. It gives the pilot the option of satisfactorily completing an aeroplane flight review in order to continue flying as pilot in command of an aeroplane that is engaged in commercial operations and is carrying passengers. The amendment recognises that not all such pilots are covered by regulation 217.

REGULATION 34

Regulation 34 makes a technical amendment to subregulation 5.111 (1) of the CARs, consequential on the amendments to regulation 5.104.

REGULATION 35

Regulation 35 makes technical amendments to subregulations 5.113 (1) and (3) of the CARs, consequential on the amendments to regulation 5.104;

REGULATION 36

Regulation 36 makes technical amendments to subregulations 5.114 (1) and (3) of the CARs, consequential on the amendments to regulation 5.104.

REGULATION 37

Regulation 37 makes technical amendments to subregulations 5.115 (1) and (3) of the CARs, consequential on the amendments to regulation 5.104.

REGULATION 38

This amendment is a technical amendment amending the notes following the heading to Part 5, Division 9.

REGULATION 39

Regulation 5.120 of the CARs sets out the qualifications for a commercial pilot (helicopter) licence. Regulation 39 amends regulation 5.120 in relation to those qualifications, essentially mirroring the amendments to regulations 5.77, 5.87, 5.95 and 5.104.

REGULATION 40

Regulation 5.122 of the CARs requires the holder of a commercial helicopter (pilot) licence to hold a type endorsement for the type of helicopter he or she proposes to fly, except in the specified circumstances. Regulation 40 amends regulation 5.122, replacing the references to "type endorsement" with references to "aircraft endorsement". The amendments mirror the amendment to regulation 5.89 in relation to aircraft endorsements.

REGULATION 41

Regulation 5.123 of the CARs deals with ratings on commercial pilot (helicopter) licences. Regulation 41 amends regulation 5.123 and the notes to the regulation. The amendments to subparagraph 5.123 (2) (a) (i) and subregulation 5.123 (3) replace the references to "type endorsement" with references to "aircraft endorsement". The amendments are consistent with amendments to regulations 5.89, 5.94 and 5.122 in relation to aircraft endorsements. The amendment to subparagraph 5.123 (2) (a) (ii) mirrors the amendments to regulations 5.80 and 5.90 in relation to the circumstances in which conversion training may be given.

REGULATION 42

Regulation 42 amends regulation 5.124 of the CARs which sets out the requirements for regular flight reviews for commercial (helicopter) pilots. The amendments mirror the amendments to regulations 5.81, 5.91 and 5.108 in relation to flight reviews.

REGULATION 43

Regulation 43 amends regulation 5.126 of the CARs which sets out certain limitations. on the authority given by a commercial pilot (helicopter) licence if its holder is over 60 years of age. The amendments mirror the amendments to regulation 5.110.

REGULATION 44

Regulation 5.128 of the CARs deals with commercial pilot (helicopter) licence flight tests. Regulation 44 amends regulation 5.128, replacing a reference to "type endorsement" with a reference to "aircraft endorsement". The amendments mirror the amendments to regulation 5.94 in relation to aircraft endorsements.

REGULATION 45

Regulation 5.129 of the CARs sets out the qualifications for a commercial pilot (gyroplane) licence. Regulation 45 amends regulation 5.129 in relation to those qualifications, essentially mirroring the amendments to regulations 5.77, 5.87, 5.95 and 5.120. The amendment to subparagraph 5.129 (3) (a) (11) corrects a technical error.

REGULATION 46

Regulation 46 amends regulation 5.135 of the CARs which sets out certain limitations on the authority given by a commercial pilot (gyroplane) licence if its holder is over 60 years of age. The amendments mirror the amendments to regulations 5.110 and 5.126.

REGULATION 47

Regulation 47 amends regulation 5.138 of the CARs correcting technical errors. The amendments add a commercial pilot (balloon) licence flight test to subparagraph 5.138 (2) (a) (ii) and a commercial pilot (balloon) licence theory examination to subparagraph 5.138 (2) (b) (iii). The amendment corrects the omission of those references from the respective paragraphs.

REGULATION 48

Regulation 5.150 of the CARs sets out the qualifications for a commercial pilot (airship) licence. Regulation 48 amends regulation 5.150 in relation to those qualifications, essentially mirroring the amendments to regulations 5.77, 5.87, 5.95, 5.104, 5.120 and 5.129 in relation to flight radiotelephone operator licences and overseas conversion examinations. The amendment to 5.150 also mirrors the amendment to regulation 5.104 concerning clarification of aeronautical experience.

REGULATION 49

Regulation 49 amends regulation 5.157 of the CARs which sets out certain limitations on the authority given by a commercial pilot (airship) licence if its holder is over 60 years of age. The amendments mirror the amendments to regulations 5.110, 5.126 and 5.135.

REGULATION 50

Regulation 50 makes a technical amendment to regulation 5.158 of the CARs consequential on the amendment to regulation 5.120.

REGULATION 51

Regulation 51 makes technical amendments to subregulations 5.160 (1) and (4) of the CARs consequential on the amendments to regulation 5.120.

REGULATION 52

Regulation 5.165 of the CARs sets out the qualifications for an air transport pilot (aeroplane) licence. Regulation 52 amends regulation 5.160 in relation to those qualifications, essentially mirroring the amendments to regulations 5.77, 5.87, 5.95, 5.104:, 5.120, 5.129 and 5.150 in relation to flight radiotelephone operator licences and overseas conversion examination. The amendment to paragraph 5.165 (1) (b) broadens the qualification for applicants for an air transport pilot (aeroplane) licence.

REGULATION 53

Regulation 5.168 of the CARs deals with ratings on air transport pilot (aeroplane) licences. Regulation 53 amends regulation 5.168 and the notes to the regulation. The amendments mirror the amendments to regulations 5.80, 5.90, 5.107 and .5.123 in relation to the circumstances in which conversion training may be given.

REGULATION 54

Regulation 54 amends regulation 5.169 of the CARs which sets out the requirements of regular flight reviews for air transport (aeroplane) pilots. The amendments mirror the amendments to regulations 5.81, 5.91, 5.108 and 5.124 in relation to flight reviews.

REGULATION 55

Regulation 55 amends regulation 5.170 of the CARs to omit the references to a test conducted for the purpose of the issue of an air transport pilot (aeroplane) licence as there is, no such test.

REGULATION 56

Regulation 56 amends regulation 5.171 of the CARs which sets out certain limitations on the authority given by an air transport (aeroplane) licence if its holder is over 60 years of age. The amendments mirror the amendments to regulations 5,110, 5.126, 5.135 and 5.157.

REGULATION 57

This amendment is a technical amendment amending the notes following the heading to Part 5, Division 14.

REGULATION 58

Regulation 5.174 of the CARs sets out the qualifications for an air transport pilot (helicopter) licence. Regulation 58 amends regulation 5.174 in relation to those qualifications, essentially mirroring the amendments to regulations 5.77, 5.87, 5.95, 5.104, 5.120, 5.129, 5.150 and 5.165 in relation to flight radiotelephone operator licences and overseas conversion examinations.

REGULATION 59

Regulation 5.176 of the CARs deals with limitations on the authority of an air transport pilot (helicopter) licence. Regulation 59 amends regulation 5.176, replacing a reference to "type endorsement" with "aircraft endorsement". The amendments mirror the amendments to regulations 5.89 and 5.122 in relation to aircraft endorsements.

REGULATION 60

Regulation 5.177 of the CARs deals with ratings on air transport pilot (helicopter) licences. Regulation 60 amends regulation 5.177 and the notes to the regulation. The amendment to subparagraph 5.177 (2) (a) (i) and subregulation 5.177 (3) replace the references to "type endorsement" with references to "aircraft endorsement" consistent with the amendments to regulations 5.89, 5.94, 5.122, 5.123, 5.128 and 5.176. The amendments to paragraph 5.177 (2) (a) (ii) mirror the amendments to regulations 5.80, 5.90, 5.107, 5.123 and 5.168 in relation to the circumstances in which conversion training may be given.

REGULATION 61

Regulation 61 amends regulation 5.178 of the CARs which sets out the requirements for regular flight reviews of air transport (helicopter) pilots. The amendments mirror the amendments to regulations 5.81, 5.91, 5.108, 5.124 and 5.169 in relation to flight reviews.

REGULATION 62

Regulation 62 amends regulation 5.179 of the CARs to omit the references to a test conducted for the purpose of the issue of an air transport pilot (helicopter) licence as there is no such test.

REGULATION 63

Regulation 63 amends regulation 5.180 of the CARs which sets out certain limitations on the authority given by an air transport (helicopter) licence if its holder is over 60 years of age. The amendments mirror the amendments to regulations 5.110, 5.126, 5.13 5, 5.15 7 and 5.17 1.

REGULATION 64

This amendment is a technical amendment amending the notes following the heading to Part 5, Division 16.

REGULATION 65

Regulation 5.190 of the CARs requires the holder of a flight engineer licence to hold a type endorsement for the aircraft which he or she proposes to perform the duties of a flight engineer, except in specified circumstances. Regulation 65 amends regulation 5.190, replacing a reference to "type endorsement" 'with a reference to "aircraft endorsement". The amendments enable the flight engineer to hold type or class endorsements and remove unnecessary repetition in the training requirements accordingly.

REGULATION 66

Regulation 66 amends regulation 5.192 of the CARs, making it clear that the time periods referred to in the regulation apply to all the recent experience requirements.

REGULATION 67

Regulation 67 amends regulation 5.194 of the CARs to allow a flight engineer licence flight test to be conducted in an aircraft or a flight simulator consistent with operational practice.

REGULATION 68

Regulation 68 adds a reference to a student pilot licence in paragraph 83 (1) (c) and subparagraph 83 (1) (d) (iii) of the CARs. The amendment corrects the inadvertent omission of the reference from those paragraphs.

EXPLANATORY MEMORANDUM

Minute No. 12 of 1998 - Minister for Transport and Regional Development

Subject - 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.

Subsection 20AB (1) of the Act provides that a person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless the person holds an authorisation (however called) given under the Civil Aviation Regulations (the Regulations) that authorises him or her to perform the duty or the person is authorised by, or under, the Regulations to perform the duty without holding the authorisation. Flight crew members perform duties essential to the operation of Australian aircraft during flight time.

Part 5 of the Regulations sets out the general requirements that apply to flight crew licences and empowers CASA to make Civil Aviation Orders about the requirements that apply to flight crew ratings and aircraft endorsements. The Part establishes licences for pilots, flight engineers and radio operators. The Part provides for 4 levels of pilot licences for aeroplanes and helicopters. Each licence is dealt with in a separate Division that sets out the requirements for that licence, the authority given by the licence and the limitations on that authority.

The proposed Regulations make a large number of amendments to the Regulations. The purpose of the amendments is to provide for a more flexible regime and to up-date and clarify the general requirements that apply to flight crew licences.

The amendments cover a range of matters and many of the proposed regulations deal with matters that fall under more than one following categories and are listed against each category as appropriate. The matters dealing with various training requirements, examinations, tests, checks and reviews are included in proposed regulations 5, 6, 8, 14, 15, 20, 22, 24, 27. 29, 30, 32, 33, 39, 42, 43, 45, 46, 47, 48, 49, 52, 54, 55, 56, 58, 61, 62 and 63. A second category includes a large number of the amendments that clarify particular requirements or correct minor errors in the Regulations (proposed regulations 6, 13, 14, 15, 17, 18, 19, 20, 23, 24, 29, 30, 34, 35, 36, 37, 38, 39, 45, 47, 48, 50, 51, 52, 55, 57, 58, 62, 64, 66, 67 and 68). The third category covers a number of other amendments which remove inappropriate requirements relating to flight crew licences that are no longer considered necessary in the interests of the safety of air navigation or remove unnecessary burdens imposed on industry (proposed regulations 7, 13, 20, 24, 29, 30, 39, 45, 48, 52, 58 and 65).

Details of the proposed Regulations are attached.

The Minute recommends that Regulations be made in the form proposed.

Authority: Subsection 98 (1) of the Civil Aviation Act 1988