STATUTORY RULE S. 1937. No.

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920-1936.*

T THE DEPUTY OF The GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the 1 ,

Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920-1936.

Dated this

day of , 1937.

141 Deputy of the Governor-General.

By His Excellency's Command,

Minister of State_ for Defence.

AIR NAVIGATION REGULATIONS. PART I.—PRELIMINARY.

These Regulations may be cited as the Air Navigation citation. Regulations.

'2.—(1.) These Regulations, except Part VII., shall take effectComm encementent•

and from the date of notification in the Gazette. (2.) Part VII. of these Regulations shall take effect on and from

the first day of October, 1937. 3. These Regulations are divided into Parts, as follows : Parts.

Part Part II.—Civil Aviation Board. Part III. Conditions of flight within Australian Territory.

Division 1.—General. Division 2.—Conditions as to Safety.

Part IV.—Registration and Marking of Australian Aircraft. Division 1.—Registration of Aircraft. Division 2.—Marking of Aircraft.

Part V.—Certificates of Airworthiness. Part VI.—Certificates of Competency and Licences. Part VII.—Public Transport Services. Part VIII.—Log-books. Part IX.—Wireless Telegraph Apparatus and Operators. Part X.—Investigation of Accidents. Part XI.—Aerodromes and Air Beacons. Part XII.—International Airways. Part XIII.—Suspension or Cancellation of Licences and

Certificates. Part XIV.—Miscellaneous.

* Notified in the Common wealth Gazette on , 1937.

3551.—PRICE 2s.

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4. The Air Navigation Regulations (being Statutory Rules 1936, Repeal.

No. 156, as amended by Statutory Rules 1936, No. 161 and Statutory Rules 1937, Nos. 41 and 53), the Air Navigation (Enquiry Committee) Regulations (being Statutory Rules 1929, No. 48), the Air Navigation (investigation of accidents) Regulations (being Statutory Rules 1927, No. 118, as amended by Statutory Rules 1931, No. 9) and the Civil Aviation Board Regulations (being Statutory Rules 1936, No. 45) are repealed.

5.-- (1.) In these Regulations, unless the contrary intention appears

" aerial work aircraft' means aircraft used for an industrial Or commercial purpose or any lucrative purpose other than transport of the kind specified in this regulation in the definition of " public transport aircraft ";

" aerodrome " means any definite ground or water area used or intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes the landing area, neutral zone, and building area included within such ground or water area;

aerodyne means an aircraft support in flight is mainly secured by aerodynamic reactions;

" aeroplane " means a mechanically-driven aerodyne supported in flight by aerodynamic reactions on wings remaining fixed in course of the same condition of flight;

" aerostat " means an aircraft whose support in flight is mainly secured by its buoyancy in air;

" aircraft " means any machine which can support itself in the atmosphere from the reactions of the air upon it, and includes balloons, whether fixed or free, airships, gyroplanes, aeroplanes, and, except in Parts 1V. and V., guiders and kites;

" airship " means a mechanically-driven aerostat with means of directional control;

" amphibian " means an aeroplane capable normally of taking off from and alighting on either land or water ;

" approved " means approved by the Boa' d; " Australian territory " includes the Commonwealth and the

Territories, the territorial waters of the Commonwealth and of the erritvu and the air space above such territory cud territorial waters;

" authorized " means authorized by the Board; " balloon " means an aerostat, either captive or free, non-

mechanically-driven ; "Contracting State " means any State which is for the time

being a party to the Convention; " glider " means a non-mechanically-driven aerodyne supported

in flight by aerodynamic reactions on surfaces remaining fixed under the same condition of flight;

"i kite " means a glider normally moored to the ground; " licensed " means licensed under these Regulations;

Definitions.

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"major damage in relation to an aircraft means— (a) the fracture or distortion of any structurally impor-

tant member of the airframe or controls; (b) the fracture or bending of an airscrew; or (c) the failure of any functionally important part of an

engine or of its essential accessories; " military aircraft " means naval, military or air force aircraft,

and includes any aircraft commanded by a person in the naval, military or air force service who is detailed to com-mand the aircraft;

" Notices to Airmen" means notices sent by the Board from time to time to persons who hold licences issued under these Regulations;

"operating crew," in relation to any aircraft, includes every person acting as commander, pilot, navigator, radio operator or flight engineer, and also includes the stewards and .stewardesses of the aircraft;

" passenger " means any person carried for hire or reward in any aircraft, and includes any person actually carried in a public transport aircraft, other than members of the operat-ing crew, licensed ground engineers and persons authorized to inspect aircraft or investigate matters connected with the operation thereof ;

private aircraft " means aircraft used for purposes other than those specified in this regulation in the definitions of " aerial work aircraft " and " public transport aircraft ";

" prohibited area " means any area declared by the Minister, by notice in the Gazette, to be a prohibited area for the purposes of these Regulations;

" proprietor of an aerodrome " includes any person responsible for the management of an aerodrome;

public transport aircraft " means all aircraft used for carrying persons or things for a remuneration of no matter what nature, or even without remuneration, if the transport is effected by an air transport undertaking;

"public transport service " means a service for the carriage of persons or goods for hire or reward;

" registered" means registered under these Regulations; " seaplane " means an aeroplane capable normally of taking off

from and alighting on water ; " serious injury " means an injury sustained by any person

which is certified to be serious by a duly qualified medical practitioner;

" the Board" means the Civil Aviation Board constituted under these Regulations;

" the Convention" means the Convention relating to the Regula-tion of Aerial Navigation signed in Paris on the thirteenth day of October, One thousand nine hundred and nineteen, and includes any amendments of the Convention made under article thirty-four thereof;

" the Minister " means the Minister of State for Defence, and includes any Minister or member of the Executive Council for the time being acting for or on behalf of such Minister;

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"the Secretary" means the Secretary to the Board, and includes any officer authorized for the time being to perform the duties of the Secretary;

" wireless telegraph apparatus" includes any apparatus for transmitting or receiving telegraphic or telephonic messages by means of electricity without a continuous metallic con-nexion between the transmitter and the receiver.

(2.) For the purposes of these Regulations (a) an aircraft shall be deemed to possess the nationality of

the Contracting State on the register of which it is entered; and

(b) all aircraft registered in pursuance of these .Regulations shall be deemed to be an Australian aircraft.

6.--(1.) The provisions of these Regulations, other than those ;t 1,;,'),11l1(;-,`=," of contained in the First Schedule, shall apply to--

(a) international t,ir navigation within Australian territory, (b) air n avigation in relation to trade and commerce with other

countries and among the States, (c) air navigation within the Territories,

and to aircraft engaged in such navigation and aerodromes open to public use by such aircraft.

(2.) The rules contained in the First Schedule to these Regulations shall apply to—

(a) all air navigation within Australian territory, (b) all aircraft engaged in such navigation, and (c) all aerodromes in Australian territory which are open to

public use, and shall apply to Australian aircraft when engaged in air navigation outside Australian territory.

(3.) Notwithstanding the preceding provisions of this regulation-- (a) these Regulations shall not apply to Australian military

aircraft or Royal .Australian Air Force aerodromes, and (b) Parts 1V., V., VI., VIII. and XIII.. of these Regulations

shall not apply to foreign aircraft. 7. (1.) The Minister may, by writing under his hand, delegate

any of his powers or functions under these Regulations (except this Board• power of delegation) in relation to any matter or class of matters. so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.

(2.) writing signed by the I d of th e Board, delegate any of its powers or functions under these Regulations

(except this power of delegation) in relation to any matter or class of matters, or in relation to tiny part of the Commonwealth or of a Territory, so that the. delegated powers or functions may be. exercised by the delegate with respect to the matter or class of matters, at' the part of the Commonwealth or Territory, specified in the instrument of delegation.

(3.) Every delegation under this regulation shall be revocable at will, and no delegation shall. prevent the exercise of any power or function by the Minister or the Board, as the case may be.

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PART AVIATION BOARD. 8. There shall be a Civil Aviation Board consisting of the officers

for the time being holding the following offices in the Department ofDefence :—

The Controller-General of Civil Aviation; The Controller of Operations, Civil Aviation; The Controller of Ground Organization, Civil Aviation;

and a Finance Member appointed by the Minister.

9.—(1.) The Board shall, subject to the directions of the Minister, Powers and

be charged with the administration of these Itlegulatiolls, and snail lt,l,n-t,lo"an,isidof exercise and perform such powers and functions as are conferred

the Board by these Regulations. (2.) The Board shall _maintain Ese liaison with the r Board ill

matters of common interest.

10. (1.) The Controller-General of Civil Aviation shall be the Chairman of

Chairman of the Board. the Board.

(2.) The Minister may appoint a member of the Board as Deputy Chairman and, in the event of the absence of the Chairman from any meeting, that member shall act as Chairman.

11. There shall be a Secretary to the Board, who shah be an officer of the Department of Defence assigned to that position by the Minister, and shall exercise and perform such functions and unties as the Board directs.

12.—(1.) The meetings of the Board shall be held at such times and places as the Board determines, and meetings of the Board may be summoned at any time by the Minister or by tile Chairman, or, in the absence of the Chairman, by the Deputy Chairman.

(2.) At all meetings of the Board, three members of the Board shall form a quorum.

13. The Board may invite any technical adviser or other person to inquire into and furnish a report to the Board in relation to any matter, or to attend any meeting of the Board in a consultative capacity.

14.—(1.) The Minister may, from time to time, assign duties to Distribution of each member of the Board. duties to

11 ,7,ngers of

(2.) In assigning duties to members, the Minister shad have regard 33

to the following principles:— (a) Matters relating to civil aviation policy, the administration

of Commonwealth civil aviation Legislation, international conventions relating to air navigation, and the develop-ment of new air transport services and other civil aviation activities shad be assigned to the Controller-General of Civil Aviation;

(b) Matters relating to air transport services and aero clubs, the control of aviation activities (including rise licensing of persons to act as members of the operating crew of aircraft, the issue of certificates of airworthiness and the inspection of aircraft), liaison with the Air Force on matters of common interest, and wireless and meteoro-logical facilities shall he assigned to the Controller of Operations, Civil Aviation;

Constitution of Civil Aviation

Boa rd

Secretary to the Board.

Meetings of the Board.

Attendance of technical advisers.

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(c) Matters relating to the selection, acquisition and main-tenance of landing grounds and buildings and the execu-tion and supply of works and services in connexion there-with the lighting of air routes and the preparation of route maps shall be assigned to the Controller of Ground Organization, Civil Aviation;

(d) Financial matters, including the control of, and accounting for, expenditure, the preparation of estimates of receipts and expenditure for the information of Parliament, and the review o f proposals for tie expenditure all be assigned to the Finance Member.

(3.) Any member to whom duties are assigned under this regulation may determine all matters which fall within the duties so assigned and are declared by the _Board to be matters of routine.

15.— (1. ) The decisions of the Board, and the decisions of indi- S>ecisiwis of the vidual members an important subjects, shall be signed by the Secretary members

to the Board and shall be promulgated in such manner as the Board thereof.

directs. (2.) A copy of every decision and recommendation made by the

Board at any meeting shall be sent, immediately after the meeting, to the Minister and to the Secretary to the Department of Defence.

16. The Board shall refer for determination by the Minister— Consideration of matters

(a) any matters for which the approval of the Minister is b y the Minister. required by legislation;

(b) any matters in respect of which the members of the Board are divided in opinion, or which, for any other reason, the Board considers it desirable to refer to the Minister ; and

(c) such other matters as the Minister directs.

PART M.—CONDITIONS OF FLIGHT WITHIN Au STRALIAN TERRITORY. D ivision 1.--G ener al.

17 .—(1.) An aircraft -to which these Regulations apply shall not r.iteriiier.at fly within Australian territory unless—

fyigconditions of

(a) it is registered and has a nationality mark and registration mark painted on or affixed to it in accordance with the requirements of Annex A to the Convention;

(b) it is certified as airworthy in accordance with the conditions set forth in Annex B to the Convention, and complies with the conditions of its certificate of airworthiness;

(c) it complies with the conditions contained in Annex E to the Convention in respect of the numier and description of, and the holding of certificates of competency and licences by, the operating crew ;

(d) it carries the documents specified in regulation 18 of these Regulations; and

(e) it complies with the rules contained in the First Schedule to these Regulations:

Provided that- (i) paragraphs (a), (b) and (d) of this sub-regulation shall not

apply to aircraft flown, in accordance with the permission and directions of the Board. for the purpose of experi-ment or test only, within 3 miles of a licensed aerodrome or an approved aerodrome; and

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(ii) paragraph (c) of this sub-regulation, in so far as it relates to the licensing of the pilot, shall not apply within 3 miles of a licensed aerodrome or an approved aerodrome, in the case of a person making practice flights necessary for the purpose of qualifying for the issue or renewal of a pilot's licence or undergoing official tests for that purpose:

Provided further that the Minister may permit the flight within Australian territory of an aircraft which does not possess the nationality of a Contracting State subject to such conditions as to the duration of the flight as he thinks fit, and to such other conditions as are necessary to ensure compliance with the general principles contained in the Convention and that the rights of the Contracting States are not infringed.

(2.) An Australian aircraft shall be deemed to comply with the requirements of paragraphs (a), (b) and (c) of the last preceding sub-regulation if—

(a) it is registered and has a nationality mark and registration mark painted on or affixed to it in accordance with Part IV. of these Regulations;

(b) it is certified as airworthy in accordance with Part V. of these Regulations, and complies with the conditions of its certificate of airworthiness; and

(a) it complies with these Regulations in respect of the number and description of, and the holding of certificates of com-petency and licences by, the operating crew.

18. Every aircraft shall, when flying, carry the following documents Documents to

with respect to the aircraft or the operating crew thereof (except when he carried.

any such document has been forwarded to the Board in pursuance of these Regulations) :-

(a) the certificate of registration; (b) the certificate of airworthiness; (c) the certificate of safety referred to in regulation 16 of these

Regulations; (d) the licences of the operating crew; (e) log-books in accordance with Part VIII. of these Regula-

tions; (f) the licence (if any) to use wireless apparatus in the aircraft; (g) a list of the names of any passengers carried; and (is) the bills of lading and manifest in respect of any goods

carried.

19. A foreign military aircraft shall not fly over or land on Foreign

Australian territory except on the express invitation or with the express military

permission of the Minister, but any aircraft so flying or landing on such invitation or with such permission shall be exempt from the provisions of these Regulations except to such extent as is specified in the invitation or permission.

'20 . Except for the purposes permitted under the First Schedule to Carriage of these Regulations— explosives.

(a) an aircraft engaged in international navigation shall not carry explosives, arms of war or munition's of war; and

(b) a foreign aircraft shall not carry explosives, arms of war or munitions of war between any two points within Australian territory-.

21.—(1.) An aircraft shall not fly over any prohibited area. Flights over prohibited (2.) If the person in charge of any aircraft finds that the aircraft

is above a prohibited area, he shall, as soon as possible after becoming forbidd en.

aware of the fact, give the signal of distress provided for in rule 23 in the First Schedule to these Regulations, and land at one of the nearest aerodromes outside the prohibited area.

Division 2. Conditions as to Safely.

22. No article other than ballast in the form of fine sand or water Articles not to he dropped

shall be dropped from any aircraft in the air; from aircraft.

Provided that the Board may, subject to such conditions as it thinks fit, authorize the dropping of packages or other articles from aircraft.

23.—(1.) An aircraft shall not fly over any city or town or other Flight Over

populous area except at such an altitude as would enable the aircraft i opnio IS areas.

to land outside the city, town or populous area, in the event of the means of propulsion failing through any cause.

(2.) Without prejudice to the last preceding sub-regulation an aircraft shall not fly over

(a) any city, town or populous area at a lower altitude than 1,500 feet; or

(5) any other area at a lower altitude than 500 feet, unless through stress of weather or other unavoidable cause it is essential that a lower altitude should be maintained.

(3.) Nothing; in this regulation shall apply to an aircraft which is departing from, or about to land at, a licensed aerodrome or an aero-drome under the control and management of the Board, whilst the aircraft is within a distance of one mile from the nearest boundary of the aerodrome.

24. A person shall not in any aircraft— (a) engage in any trick flying or exhibition flying over any

city, town or populous area; (b) except with the permission in writing of the Board, engage

in any trick flying or exhibition flying over any regatta, race meeting or meeting for public games or sports;

(c) engage in any flying, which by reason of low altitude or proximity to persons, shipping or buildings, is dangerous; or

except with the permission in writing of the Board, fly over any regatta, race meeting or any public gathering over which flight has been prohibited by direction of the Board notified in Notices to Airmen.

(d)

Trick Hying.

25.—(1.) Every aircraft in use on international public transport carriage of shall have on board— navigator.

(a) a navigator who holds a first or second class navigator's licence if the aircraft has to fly without landing-

(i) by day, more than 100 miles over inhabited regions, or more than 100 miles but not more than 620 miles entirely over the high seas or uninhabited regions; or

(ii) by night, more than 15 miles but not more than 620 miles;

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a navigator who holds a first class navigator's licence if the aircraft has to fly without landing-

(i) by day, more than 620 miles entirely over the high seas or uninhabited regions, Or

(ii) by night, more than 620 miles.

(2.) A commercial pilot who holds the necessary navigator's licence may, even if he is alone on board, fulfil the duties of navigator in the casef 0--

(a) day flights over inhabited regions, (b) day flights of not more than 620 miles over the high seas or

uninhabited regions, or (c) night flights over routes suitably marked and recognized as

air traffic routes by the Board.

(3.) Unless a second pilot is on board who is authorized and com-petent to take charge of the aircraft, the duties of navigator shall not be performed by a pilot—

(a) on a continuous day flight of more than 620 miles over the high seas or uninhabited regions, or

(b) on a night flight, except when the route followed is suitably marked and recognized as an air traffic route by the Board.

(4.) When an aircraft is required to have on board another member of the operating crew in addition to the pilot, the duties of navigator may be performed by the additional member of the operating crew, provided he holds a navigator's licence.

(5.) For the purposes of this regulation- " flight over the high seas " means a flight in the course of which

an aircraft may find itself at a distance of more than 62 miles from the coast;

"night " means the period commencing one hour after sunset and terminating one hour before sunrise; and

" uninhabited region" means a region where, in consequence of the sparsity of the population and of the absence of natural landmarks or the insufficiency of the maps, the difficulties of navigation are similar to those met with over the high seas.

PART IV.—REGISTRATION AND MARKING OF AUSTRALIAN AIRCRAFT.

Division 1.—Registration of Aircraft.

26.—(1.) The Board shall keep a register of Australian aircraft rceerafircatesn of and may issue to the owner of any aircraft (other than a glider or ofgaITCraft.

kite) a certificate of registration in respect of the aircraft.

(2.) The entry in the register and the certificate of registration shall contain a description of tile aircraft and shall indicate the number or other identification mark given to it by the manufacturer, the nationality and registration marks referred to in regulation 33 of these Regulations, the usual station of the aircraft, the full name, nationality and residence of the owner and the date of registration.

(b)

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(3.) The certificate of registration shall be in accordance with the form set out in Annex A to the Convention.

27. The Board may require the applicant for a certificate of tration to make and subsremainatutory declaration as to the of the facts sec out in the application.

regis- Applications trut h for registration to be supported by statutory declarations.

28. Subject to these Regulations, a certificate of registration shall - Duration of -

'?;efiaain in force until cancelled or suspended by the Board in accordance certificates.

with these Regulations.

29.—(1.) Where there is any change in the ownership of a registered Change of

aircraft, the registered owner of the aircraft shall forthwith forward () ,,‘,`'.,",e.V.̀ 11 '''' to the Secretary—

(a) a notification of the change of ownership, setting out the name, address and nationality of the new owner, and the date of change of ownership, and

(b) the certificate of registration of the aircraft, and the certificate of registration shall then be cancelled and an appropriate entry made in the register.

(2.) Upon application by the new owner of the aircraft, the Board may issof aircrafta fresh certificate of registration and register him as the owner of the aircraft.

30. When a registered aircraft has been destroyed or permanently Destruction, withdrawn from use, the owner of the aircraft shah forthwith forward ae. of aircraft.

to the Secretary— (a) a notification of the destruction or withdrawal from use, and (b) the certificate of registration of the aircraft,

and the certificate of registration shall then be cancelled and an appropriate entry made in the register.

31. The register of Australian aircraft shall be open to inspection inspection of

at such times and subject to such conditions as the Board dire2.-Ma rking of aircraft.

An aircraft shall not be registered under this Part while it is Air

registrationregistered in any other country, in the he registered

Commonwealth if registered elsewhere.

Nationality and registration marks.

Division 2.-3iarlcifig of Aircraft.

33.—(1.) A registered aircraft shall bear a nationality mark and a :.egistration mark, and shah carry, affixed to the fuselage in a prominent position, a metal plate inscribed with the name and aVHess of the owner and the nationality and registration marks.

(2.) The nationality and registration marks borne by aircraft shall be constituted by a group of five letters;

(3.) The nationality mark for Australian aircraft shall be the capital letters VII in Roman characters.

(4.) 'idle registration mark shall be that assigned to it by the Board and shall consist of a group of three capital letters in Roman characters.

(5.) A hyphen equal to the width of one of the letters shall be placed immediately after the nationality mark.

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34.—(1.) Except as otherwise provided in these Regulations, the nationality mark and the registration mark shall be painted on the aircraft in the following manner :—

(a) In the ease of aerostats being- (i) airships, the marks shall be painted near the

maximum cross-section so as to appear on both sides and on the upper surface equidistant from the letters on the sides;

(ii) spherical balloons, the marks shall be painted twice near the maximum horizontal circumference of the balloon and shall be placed as far as possible from one another; and

(iii) non-spherical balloons, the marks shall be painted near the maximum cross-section on both sides immediately above the rigging band on the points of attachment at the basket suspension cables;

(b) In the case of aeroplanes, the marks shall be painted (i) once on the lower surface of the main plane

structure and once on the upper surface of the main plane structure, the top of the letters to be towards the leading edge; and

(ii) along each side of the fuselage or body between the main planes and the tail planes;

(c) In the case of other aerodynes, the provisions of paragraph (b) shall be applicable in so far as the aerodynes comprise corresponding elements on which marks can be placed.

(2.) In the case of all aerostats, the side marks shall be so placed as to be visible both from the sides and from the ground.

(3.) For the purposes of this regulation, a mark shall be deemed to be painted if it is affixed to an aircraft by such means as will ensure that the mark will be as permanent as if painted on the aircraft.

35.—(1.) Nationality marks and registration marks shall be dis- marks to be

played to the best possible advantage having regard to the constructional ady4llegaet:o features of the aircraft, and shall be of such a colour in relation to the colour of the background on which they are painted as will render them clearly legible.

(2.) The marks shall always be kept clean and visible.

36. Subject to regulation 37, the height of the letters to be painted nitivist: of on aircraft shall be as follows :—

(a) In the case of aerostats being- (i) airships and non-spherical balloons, the height of

the marks shall be equal to at least one-twelfth of the perimeter of the airship or balloon at its maximum cross-section;

(ii) spherical balloons, the height of the marks shall be equal to at least one-fifteenth of the maximum horizontal circumference of the balloon;

(b) In the case of aeroplanes, the marks to be painted on the wings and on the fuselage or body of an aeroplane shall, as

Manner of painting or affixing marks.

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regards each group of marks, be formed of letters of equal height, as large as possible, without however touch-ing the visible outline of the wings or of the fuselage or body:

Provided that it shall not be necessary for the letters of the nationality and registration marks on any aircraft to exceed 8 feet in height.

37. Where the constructional features of an aircraft do not admit of compliance with any of the pro -visions of regulations 34 and 36 applicable to that aircraft, the nationality mark and registration mark shall be painted on or affixed to the aircraf t in such manner, and the letters constituting the marks shall be of stair height, as is approved by the Board.

38. As nearly as the constructional features of the aircraft adroit, the following. provisions with respect to the letters in a nationality mark or registration mark shall be complied with:

(a) The width of the letters shall be two-thirds of their height; (1)) The thickness of the letters shall be one-Sixth of their height; (c) Except as expressly prescribed in any other regulation, a

space equal to one-half the width of the letters shall be left between the letters ; and

(d) The letters shall be in plain block type of a uniform shape and size.

39. Every Australian aircraft shall bear clearly painted upon it in 'Weight of aircraft to a prominent position marks indicating be painted

(a) the weight thereof when empty (including water in th e thereon.

radiators when fitted with liquid cooled engines and all fixed equipment and fixed portions of wireless or other equipment) as ascertained at its last previous weighing; and

(Li) the maximum total weight authorized for it, as shown for the time being in its certificate of airworthiness.

PART V.—CERTIFICATES OF AIRV% [ORTHINESS. 4G.—(1.) The Board may issue to a manufacturer of aircraft, air-

craftAIRWORTHINESSrews or other components of an aircraft a certificate of type approval:

Provided that a certificate shall not be issued under this regulation unless the Board is satisfied that the type complies with the minimum requirements fixed in pursuance of Annex B to the Convention.

(2.) An application for a certificate of type approval shall be supported by—

(a) such drawings and data 'relating to the design as the Board requires;

(b) satisfactory evidence that the design complies with the air-worthiness requirements fixed in pursuance of Annex B to the Convention and any additional requirements deter-mined by the Board; and

(c) such information regarding the manufacturing facilities available as the Board requires.

(3.) The drawings and data constituting the design shall bear the signature of a responsible engineer.

('ertilivIth, of type approval.

Affixing of marks in exceptional cases.

Width and

thicCertificatesers in ,narks, Sc,

41.—(1.) A certificate of airworthiness may be issued in respect Certificates of of an aircraft constructed under a certificate of type approval if the a .

affrwroarftthi nesa of

following conditions have been fulfilled to the satisfaction of the Constructed under Board:— certificates of

type approval. (a) The aircraft has been constructed-

(i) in accordance with the terms of the certificate of type approval and the drawings and data con-stituting the design specified in that certificate, or

(ii) where the design has been modified and the draw-ings and data relating to the modification have been supplied by the manufacturer and approved by the Board, in accordance with the terms of the certificate and the drawings and data con-stituting the design as so modified;

The construction of the aircraft is satisfactory as regards workmanship and materials used;

The aircraft is fitted with suitable instruments and equip-ment for safe navigation; and

(d) The aircraft has been subjected to flying trials in accordance with the directions of the Board.

(b)

(c )

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(2.) The Board may at any time require any additional tests, inspections or reports which are, in its opinion, necessary to prove the airworthiness of the aircraft.

42.—(1.) A certificate of airworthiness may be issued in respect certificates of of an aircraft (other than an aircraft referred to in the next succeeding aaiiii:sc7aftthiToetss of

regulation) which is not constructed under a certificate of type approval cimsetrruccetreileate if all the requirements specified in paragraphs (b), (c) and (d) of of type approval. the last preceding regulation have been complied with to the satisfaction of the Board, and the design of the aircraft is in accordance with the airworthiness requirements fixed in pursuance of Annex B to the Con-vention and any additional requirements determined by the Board.

(2.) An application for the issue of a certificate of airworthiness under this regulation in respect of any aircraft shall be accompanied by such drawings and data as would be required for the issue of a certificate of type approval.

43. Where application is made for the registration by the Common- certificate airworthiness

wealth of an aircraft in respect of which a certificate of airworthiness of aircraft has been issued by the competent authority in any other country and ere marteea the certificate is, at the time of application, still in force, the Board may, if satisfied as to the airworthiness of the aircraft and compliance with the requirements of Annex B to the Convention, issue a certificate of airworthiness for the aircraft subject to such conditions and limita-tions as it thinks fit.

44.—(1.) A certificate of airworthiness shall contain conditions in Conditions ceates ooff accordance with the requirements of the Convention and such other airworthiness.

conditions as the Board considers necessary, shall remain in force for

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the period specified therein not exceeding twelve months, and may be renewed from time to time by the Board for any period not exceeding twelve months:

Provided that— (a) if at any time the Board considers that any modifications are

necessary in order to ensure the safety of the aircraft, the Board may require the modifications to be carried out as a condition of the certificate remaining in force,

(b) the conditions of a certificate of airworthiness may be varied at any time by the Board if it is satisfied that those con-

ditions do not afford a sufficient margin of safety, and (c) if at any time the Board is satisfied that reasonable doubt

exists as to the safety of the aircraft or of the type to which the aircraft belongs, the Board may, in accordance with Part XIII. of these Regulations, suspend or cancel the certificate of airworthiness issued in respect of the aircraft.

(2.) Before any certificate of airworthiness is renewed, the applicant shall furnish to the Board such evidence as to the condition of the aircraft as the Board requires.

45.—(1.) The owner of an aircraft in respect of which a certificate Modification . by solute; electing_ of airworthiness is in force shall not, without first obtaining the approval

of the Board, carry out any modifications (including changes of equip- aircraft.

meat or installation) which affect, or are likely to affect, the safety of the aircraft.

(2.) Before any such approval is granted, the owner shall furnish such drawings and data relating to the design and such reports on tests as the Board requires.

det,datt,e, 46. (1.) A certificate of airworthiness issued under this Part shall eeeertei,i-t be deemed to be suspended during any period during which the following suspended in

circumstances exist :— ci certain

rcumstances.

(a) The aircraft has not, within the prescribed period prior to a flight, been inspected and certified as safe for flight in accordance with this regulation; or

(b) The aircraft has landed owing to a defect which is not such as would, in accordance with ordinary aeronautical practice, be remedied by the pilot or crew, and has not subsequently been inspected and certified in accordance with this regulation:

Provided that paragraph (a) of this sub-regulation shall not apply to an aircraft which, atter leaving- the place where it was last so certified, has been accidentally delayed through sonic cause other than a defect mentioned in paragraph (b) of this sub-regulation and is proceeding to a destination which but for the delay it would have reached within the prescribed period since it was so certified:

Provided further that this sub-regulation shall not be construed as requiring an aircraft which is actually in flight to land for the purposes of inspection.

(2.) Every inspection of an aircraft shall be made, in accordance with any directions issued by the Board, by a ground engineer or ground engineers licensed for that purpose.

15

(3.) If the result of the inspection is satisfactory, a certificate stating that the aircraft is .safe for flight (in this Part referred to as a ". certificate of safety ") shall be signed in duplicate by the ground engineer or ground engineers who made the inspection, and counter-signed by the pilot in charge of the aircraft, and the time and date of certification shall be shown thereon.

(4.) The ground engineer shall deliver the certificate of safety to the pilot in charge of the aireraft and shall send the duplicate copy of the certificate to the owner of the aircraft.

(5.) For the purposes of this regulation, "the prescribed period" shall be—

(a) in the case of a public transport aircraft—a period of 24 hours;

(b) in the ease of an aerial work aircraft—a period of 7 days; (c) in the case of an aircraft other than a public transport

or aerial work aircraft—a period of 30 days; and every such period shall be reckoned from the time and date stated in the certificate as the time and date when the inspection was completed.

47.—(1.) Every certificate of safety shall be carried in the aircraft custody of s .a.ifettn.yK:ates of until a further certificate of safety is issued in respect of the aircraft.

(2.) The owner of the aircraft shall keep the duplicate copy of every certificate of safety for six months from the date of the certificate.

(3.) Every certificate of safety and every duplicate copy of any such certificate shall, on demand, be produced for inspection by an authorized person.

48.—(1.) Every Australian aircraft shall carry exhibited in a Weight schedule to be

prominent position inside the aircraft a weight schedule setting forth— exhibited inside aircraft.

(a) the nationality and registration marks of the aircraft; (b) the weight of the aircraft when empty (including water in

the radiators when fitted with liquid cooled engines and all fixed equipment and fixed portions of wireless or other equipment) as ascertained at its last previous weighing;

(c) a list of the items included in the weight stated in pursuance of the last preceding paragraph;

(d) the weights of all items of equipment (or portions thereof) regarded as removable, exclusive of wireless equipment (or portions thereof); and

(e) the weights of all items of wireless equipment (or portions thereof) regarded as removable.

(2.) The weight schedule shall be in such form as the Board directs.

49.—(1.) The Board may from time to time require that any air- Board may

craft in respect of which a certificate of airworthiness has been issued 1 . 46! 4! L ueer,ion and under this Part shall be inspected, either in whole or in part, by— repair of

aircraft. (a) a ground engineer or ground engineers appointed by the

owner or the user of the aircraft and licensed for the purpose under regulation 53; or

(b) a person authorized for that purpose by the Board; and that a report be furnished to the Board by the ground engineer or engineers or the authorized person as to the airworthiness of the aircraft.

16

(2.) Upon consideration of the report, the Board may require that a further inspection and report be made or that the aircraft be over-hauled and repaired or modified in such manner as is, in the opinion of the Board, necessary to ensure the airworthiness of the aircraft.

50.—(1.) When a registered aircraft in respect of which a certifi- Major damage

sate of airworthiness has been issued under this Part sustains major to aircraft.

damage, the certificate of airworthiness shall thereupon be suspended until such time as the aircraft has been inspected, repaired and certified as airworthy by a ground engineer or engineers licensed to certify to the airworthiness of such aircraft after overhaul.

(2.) he certificate of the ground engineer or engineers shall be forwarded forthwith by the owner of the aircraft to the Secretary.

51.—(1.) When a registered aircraft in respect of which a certifi- minor dama g e cate of airworthiness has been issued under this Part sustains minor to aircraft. damage, the certificate of airworthiness shall thereupon be suspended until such time as it has been inspected, repaired and certified as airworthy by a ground engineer or engineers licensed to certify to the airworthiness of such aircraft after overhaul:

Provided that the aircraft may be flown, before being so certified, if this is necessary for the purpose of taking the aircraft to the nearest place where it can be properly repaired and no persons other than the operating crew are carried during the flight.

( 2.) The certificate of the ground engineer or engineers shall be forwarded forthwith by the owner of the aircraft to the Secretary.

(3.) For the purposes of this regulation, "minor damage," in rela-tion to all aircraft, means such damage to any structurally important part of the aircraft or its accessories as is not included within the meaning of the expression " major damage ".

52.—(1.) _Every overhaul, modification, or repair of a nature likely orerhaul. ,-(, -, to affect the safety of an aircraft in respect of which a certificate of taaea ,ma" airworthiness has been issued under this Part shall be made by or

tfrensetl mound under the supervision of a ground engineer licensed to certify to enginecrs. such work.

(2.) The ground engineer shall, after any such overhaul, modifica-tion or repair, certify to the airworthiness of the aircraft, aircraft engine, part or accessory, as the case may be.

53. (1.) The Board may, on compliance with such conditions as t.,,,,a ng of appear to the Board to be necessary, issue to competent persons licences to act as ground engineers for the purposes of this Part.

(2.) Licences under this regulation may be issued for any or all of the following purposes:—

A. Inspection and certification of aircraft after overhaul. 13. Inspection and certification of aircraft engines after overhaul. C. Inspection, maintenance and certification of aircraft before

flight. D. Inspection, maintenance and certification of aircraft engines

before flight. X. Other duties as specified in the licence.

(3.) A ground engineer's licence may be limited to such particular type or types of aircraft engines as the Board specifies.

(4.) A ground engineer s licence shall be issued for a period not exceeding twelve mouths and may be renewed from time to time for any period not exceeding twelve months.

17

54.—(1.) An applicant for a ground engineer's licence shall— Qualifications for around

(a) be at least 21 years of age; engineers.

(b) have passed an approved technical examination; and (c) produce satisfactory evidence of such practical experience

or knowledge and experience as is prescribed. (2.) Unless the Board otherwise directs, it shall be necessary for

an applicant for a licence for purpose A, B, C or D mentioned in the last preceding regulation to have had satisfactory practical experience for at least two years in aircraft construction, aircraft engine construc-tion, aircraft maintenance or aircraft engine maintenance, respectively.

(3.) An applicant for a licence for purpose X mentioned in the last preceding regulation shall have such knowledge and experience and access to such facilities as, in the opinion of the Board, are neces-sary to enable him to perform satisfactorily the duties for which the licence is required.

55.—(1.) Aircraft, aircraft engines, parts and accessories, which Cancellation,

have been inspected and certified as required by this Part by a licensed send== ground engineer, or any overhaul, modification or repair performed or 1,1_ egrn°gunieders' certified by a licensed ground engineer, may be examined by a person licences.

or persons authorized by the Board. (2.) If it appears to the Board, after considering the report of

such examination, that the inspection, certification, overhaul, modifica-tion or repair was not carried out in a careful and competent manner by the licensed ground engineer, the Board may endorse his licence, or suspend or cancel it in accordance with Part XIII. of these Regulations.

56.—(1.) Whenever the Board considers it necessary, it may require Re-examination of licensed a licensed ground engineer to undergo re-examination. gannet

(2.) If the result of such examination is unsatisfactory, the Board may suspend or cancel the ground engineer's licence in accordance with Part XIII. of these Regulations.

57. When an Australian aircraft is engaged in air navigation in Ground

a country outside Australia • , any certificate which is required by this jeliTilfierceatse Part to be signed by a ground engineer licensed under this Part may beIfe.;Zttl: signed by a ground engineer in that country who possesses qualifica- outside

Ii011S which are accepted by the Board as sufficient for the purpose. Australia.

PART VI.—CERTIFICATES OF COMPETENCY AND LICENCES.

58. A person shall not act as the pilot, navigator, or radio operator operating crew

of an Australian aircraft unless he holds a licence in respect of the to be licensed.

capacity in which he is acting issued or rendered valid in pursuance of these Regulations:

Provided that this regulation, in so far as it relates to the licensing of a pilot, shall not apply within three miles of a licensed aerodrome or an approved aerodrome in the case of a person making practice flights necessary for the purpose of qualifying for the issue or renewal of a pilot's licence or undergoing official tests for that purpose.

59.—(1.) The Board may issue certificates of competency and licences required for the purposes of these Regulations and may renew ii eenenewel°f

such licences from time to time.

engineers.

18

(2.). Every licence issued or renewed in pursuance of this regula-tion shall be subject to compliance with the eonditions laid down in Annex E to the Convention, and to such other conditions as the Board directs.

60. The following classes of licences may be issued by the Board Classification of

under this Part :— licences.

(a) Pilots' licences- (i) Private pilots' licences, being licences to fly private

aircraft (Class A licences) ; (ii) Commercial pilots' licences, being licences to fly

public transport and aerial work aircraft (Class B licences) ;

(b) Navigators' licences — (i) First class navigators' licences; (ii) Second class navigators' licences;

(c) Radio operators' licences- (i) First class radiotelegraph operators' licences;

(ii) Second class radiotelegraph operators' licences; (iii) Third class radiotelegraph operators' licences; (iv) Radiotelephone operators' licences.

61.—(1.) Subject to Part XIII. of these Regulations, a licence nuiatio u or issued under this Part shall remain in force for such period as is bc"' specified in the licence, but not exceeding—

(a) in the case of a private pilot's licence-42 months; (b) in the case of a commercial pilot's licence 6 months, if the

holder is a male, or 4 months if the holder is a female; (c) in the case of a navigator's licence-42 months; (d) in the case of a radio operator's licence-12 months.

(2.) Any such licence may be renewed from time to time for any period not exceeding that mentioned in the last preceding sub-regulation in respect of the issue of such licence.

62.— (1. ) An applicant for a private pilot's licence shall not be Ag„f

less than 17 years of age. applicants,

(2.) An applicant for a commercial pilot's licence shall not be less than 19 years nor more than 45 years of age.

(3.) An applicant for any navigator's licence shall not be less than 19 years nor more than 50 years of age.

(4.) An applicant for any radio operator's licence shall not be less `tan 19 years of age.

63. An applicant for a private pilot's licence shall— QU anti cations of

(a) pass a medical examination in accordance with the require- aplitrenakig ments of paragraph 8 of Annex E to the Convention; licence.

(b) pass such practical flying tests and theoretical examinations as are directed by the Board in accordance with the requirements of paragraph 17 of Annex E to the Con-vention; and

(c) produce evidence that he has had satisfactory recent flying experience in the type of aircraft for which a licence is required.

19

Conditions precedent to

64. A person shall not be permitted to undergo the practical flying tests for the issue of a private pilot's licence unless he— undergoing

(a) produces satisfactory evidence that he has completed at flying tests

least ten hours flying practice, during three hours of which he has been in sole charge of an aircraft; and

(b) furnishes a certificate signed by a licensed flying instructor that he has, without assistance from his instructor, caused an aircraft to spin and to recover from the spin on three separate occasions.

65. A private pilot's licence shall be issued as valid for solo flying Private pilot's licence limited

only: to solo flying unless othcrwise Provided that the Board may vary the terms of a private pilot's statcd.

licence to permit the holder to carry non-paying passengers on the production by the pilot of—

(a) a certificate signed by a licensed flying instructor that the pilot has successfully completed an advanced training course and a cross country flight of at least fifty miles, and

(b) satisfactory evidence that the pilot has had twenty-five hours flying whilst in sole charge of an aircraft.

66. A person shall not at any time fly a public transport or aerial public 't' iansport work aircraft unless he holds a commercial pilot's licence issued or or acrial work

rendered valid under these Regulations. aircraft to have commercial

67. An applicant for a commercial pilot's licence pilot's licence.

Qualificaticns (a) pass a medical examination in accordance with the require- of applicants

ments of paragraph 9 of Annex E to the Convention • for commercial pilot's liccnce.

(b) pass such practical flying tests and theoretical examinations as are directed by the Board in accordance with the requirements of paragraph 1S of Annex E to the Con-vention; and

(e) produce evidence- (i) that he has had satisfactory recent flying experience

in the type of aircraft for which a licence is required; and

(ii) that he has completed one hundred hours flying in sole charge of an aircraft.

68. (1.) A pilot's licence shall be issued only for such types of .it', 1,°)tliic ccsneee aircraft as the applicant has produced satisfactory evidence of his typesofart4cillyia.V ability to fly.

(2.) The types of aircraft for which a licence is valid shall be specified in the licence.

(3.) The holder of a pilot's licence in respect of any particular type of aircraft may apply to have any other type of aircraft specified in his licence.

(4.) The Board may cause such other type of aircraft to be specified hi the pilot's licence if he produces satisfactory evidence that—

(a) in the case of a seaplane or amphibian—he has carried out, whilst in sole charge of the aircraft, three hours flying and six landings, including in the case of an aircraft capable of carrying three or more persons three landings with the aircraft fully loaded with ballast, and has had in addition sufficient experience in taking off from and alighting on water; or

20

(b) in the case of any other aircraft—he has carrienewalwhioft in sole charge of the aircraft, two Lours' flying and six landings, including, in the case of an aircraft capable of carrying three or more persons, three landings with the aircraft fully loaded with ballast,

and the Board is satisfied that he has himmediatelyt flying experience of that type of aircraft.

69. If the holder of a commercial pilot's licence completes periods of flying amounting in the aggregate to one hundred hours or more within ally period of less than thirty days he shall undergo a further medical examination forthwith, and lie shall not fly any aircraft there-after until be is informed by the Secretary, by notice in writing, that the medical examination shows him to be medically fit.

Further medical examination nT eomme, Mal Pilots.

70. An applicant for the renewal of any pilot's licence RItenewal oP

(a) pass a medical examination under the conditions laid down pilots in Section IV. of Chapter I. of Annex E to the Conven-tion; and

(b) produce evidence that he has completed three hours' flying in sole charge of an aircraft within the period of six months inmiediately preceding the date of his application for renewal of his licence.

71.—(l.) The Board may issue a licence to a pilot to act as a livin g flying: instructor for the purpose of giving practical instruction in

flying. (2.) A licence under this regulation may be endorsed on the pilot's

licence. (3.) An applicant for a licence to act as a flying instructor shall

produce satisfactory evidence that (a) he is the holder of a commercial pilot's licence; and (b) lie has completed not less than three hundred hou

flightsole charge of aircraft; and shall pass such practical flying tests and theoretical examinations as the Board directs.

(4.) Subject to Part XIII. of these Regulations, a licence to give practical instruction in flying shall remain in force for a pe

licencc.

exceeding twelve months and may be renewed, from time to time, under such conditions and for such period as the Board directs:

Provided that a licence under this regulation shall not remain in force during the suspension of, or upon the expiration or cancellation of, the pilot's licence.

(5.) Aircraft to which these Regulations apply shall not be used for the purpose of giving- practical instruction in flying. unless the person instructing is licensed by the Board under this regulation.

7-0.) A person who is undergoing instruction in flying or s.0 0 mmt .flights b y qualifying for the renewal of a pilot's licence shall not fly solo in an 147,;,7,l;.,„g Pr

aircraft to which these Regulations apply unless he has undergone , issu"r renewal of

within the period of twelve months prior to such solo flight, a medical paws licence. examination and has been notified by the Secretary that he is medically fit to hold a pilot's licence.

(2.) A person who is undergoing instruction in flying for the pur-pose of obtaining a pilot's licence shall not fly solo unless lie has had not less than five hours' dual instruction by a licensed flying instructor,

21

73.—(1.) An applicant for a first class navigator's licence shall— Requirements • for navigator's (a) pass a medical examination in accordance with the require- licence.

ments of paragraph 14 of Annex E to the Convention ; (5) produce satisfactory evidence that he has completed not less

than two hundred hours' flying as a member of the operating crew of an aircraft, and has performed the duties of navigator for at least one hundred hours, includ-ing fifteen hours by night; and

(c) pass a theoretical examination in accordance with the requirements of paragraph 24 of Annex E to the Convention.

(2.) An applicant for a second class navigator's licence shall— (a) pass a medical examination in accordance with the require-

ments of paragraph 14 of Annex E to the Convention; (5) produce satisfactory evidence that he has completed not less

than fifty hours' flying as a member of the operating crew of an aircraft ; and

(c) pass practical tests and a theoretical examination in accord-ance with the requirements of paragraph 23 of Annex E to the Convention.

74.—(1.) An applicant for a radiotelegraph operator's licence or a Radio telegraph

radiotelephone operator's licence shall— operators licence.

(a) pass a medical examination in accordance with the require- ments of paragraph 15 of Annex E to the Convention;

(5) pass practical tests and theoretical examinations in accord-ance with the requirements of paragraph 25, 26, 27 or 28, as the case may be, of Annex E to the Convention; and

(a) perform radioelectric duties in an aircraft in flight in accordance with the requirements of paragraph 29 of Annex E to the Convention.

(2.) Where an applicant has complied with the requirements of sub-regulation (1.) of this regulation a licence may be issued to him.

(3.) Where an applicant has complied with the requirements of paragraphs (a) and (b) but not those of paragraph (c) of sub-regulation (1.) of this regulation, a temporary licence may be issued to him.

,4.) A temporary licence shall be valid for a period of one year during which period the holder shall comply with the requirements of paragraph (a) of sub-regulation (1.) of this regulation.

75. Every medical examination under this Part shall be conducted Aredw by an approved medical practitioner in accordance with the require- examinations.

ments of the Board and of Section IV. of Annex E to the Convention.

76.—(1.) In the event of any person who holds a licence under this Part suffering injury or illness necessitating the services of a medical practitioner, he shall furnish to the Secretary, as soon as possible, a report from the medical practitioner upon the injury or illness, and shall not thereafter act in the capacity specified in the licence until he receives a notice in writing from the Secretary that medical examina-tion shows him to be medically fit.

Illness or injury of persons holding licences.

22

(2.) The licence of any such person shall be suspended from the time of the injury or illness until the receipt of the notice referred to in the last preceding sub-regulation.

77. Where any person who is the holder of a licence issued by the Licenses competent authority in any other country and in force sard=lics the Board that he has complied with the minimum conditions set forth cgii 'lleoitil,,,e idth

in Annex E to the Convention, the Board may, subject to such conditions and limitations and for such period as it thinks fit, confer on the licence the same validity for the purpose of flying Australian aircraft as if it had been issued under these Regulations.

78.—(1.) Whenever the Board considers it necessary, the holder tif.exarninfil 16n of a licence under this Part may be required to pass any medical °r holders et examination or practical test or theoretical examination which is required to be passed for the issue of the licence which he holds.

(2.) If the result of any such examination or test is unsatisfactory, the Board may suspend or cancel the licence in accordance with the provisions of Part XIII. of these Regulations,

PART VIE—PUBLIC TRAnsPoRT SERVICE.

79.—(1.) Aircraft shall not be used by any person in the opera- Licensing, of tion (if a regular public transport service except under the authority T ‘,1.1 1,Tierttransr'rt of, and in accordance with, a licence issued to that pe_ sou by the Board.

(2.) An applicant for any such licence shall furnish such informa-tion in relation to the proposed service as the Board requires.

(3.) The Board shall, if satisfied as to the safety of the proposed service, issue a licence (in these Regulations referred to as " an air line licence '') subject to such conditions, in addition to compliance with these Regulations, as the Board considers necessary to ensure the safety of the aircraft and of the persons to be carried by the aircraft.

(4.) Subject to Part XIII. of these Regulations, an air line licence shall remain in force for a period of one year from the date of issue, and may, from time to time, be renewed by the Board for a further period not exceeding one year.

PART VILL—Log BOOKS, 80. (1.) The following log books shall be kept and carried on Log books to ire

aircraft kept. (a) For every aircraft-

(i) an aircraft log book, and (ii) an engine log book in reipect of each engine

installed in the aircraft ;

(b) For every aircraft engaged in international navigation and every public transport aircraft and aerial work air-craft—

( i) an aircraft log book, (ii) an engine log book in respect of each engine

installed in the aircraft, and (iii) a journey log book;

23

(c) For every aircraft engaged in international navigation which is carrying passengers or goods for hire and every aircraft engaged in a regular public transport service-

(i) an aircraft log book, (ii) an engine log book in respect of each engine

installed in the aircraft, (iii) a journey log book, and (iv) a signal log book.

(d) For the wireless apparatus (if any) installed on the aircraft, a wireless log book; and

(e) For every airscrew in which provision is made for adjust-ment or variation of the pitch of the blades, an airscrew log book.

(2.) Every licensed pilot shall keep a pilot's log book. (3.) All entries in log books shall be made in ink, and entries in any

log book relating to overhauls, modifications, replacements or repairs to aircraft shall be signed by the person responsible for the work.

(4.) Log books shall be preserved for not less than two years after the date of the last entry therein,

81. The aircraft log shall contain the following particulars :— (a) The classification of the aircraft; its nationality and regis-

tration marks; the full name, nationality and residence of the owner; the name of the constructor of the aircraft, and the total maximum weight authorized for the air-craft;

(b) The type and series numbers of the engines; and the type of the airscrews, showing number, pitch, diameter and constructor's name;

(c) The type of wireless telegraph apparatus fitted on the aircraft;

(d) A table setting out all necessary information as to the adjustment and rigging of the aircraft structure, together with details of any peculiar rigging features;

(e) A fully detailed engineering record of the life of the air-craft, including all acceptance tests, overhauls, replace-ments, repairs and all work of a like nature, and all inspections made and certificates issued in respect of the aircraft.

82.—(1.) A separate engine log shall be kept for each engine and shall always accompany the engine.

(2.) The engine log shall contain the following particulars:— (a) The type of the engine, series number, constructor's name,

international (or special) power and international (or special) number of revolutions of engine, date of produc-tion and date when first put into service;

(b) The registration mark and type of aircraft in which the engine has been installed; and

(c) A fully detailed engineering record of the life of the engine, including all acceptance tests, hours run, overhauls, replacements, repairs and all work of a like nature, and all inspections made and certificates issued in respect of the engine.

Engine log.

A irernft,

21

83. The journey log shall contain a description of the aircraft, and Journey log.

the following particulars shall be entered in respect of each journey (a) The point of commencement and the terminal point of the

journey, (0 The names and duties of operating crew; (c) Incidents and observations, date and times of departure

and arrival at each intermediate landing; (d) Signal and wireless communications; and (e) Particulars of navigation.

84. The signal log shall contain the following particulars:— Signal log.

(a) The classification of the aircraft; its nationality and registration marks; the full name, nationality and residence of the owner;

(b) The place, date, and time of the transmission or reception of any signal, and an indication of the nature of the signal ; and

(c) The name or other indication of the person or station to whom a signal is sent or from whom a signal is received.

85. The wireless log shall contain the following particulars:— D

Airsercw

on of the type and series number of the wireless telegraph apparatus installed in the aircraft, constructor's name, date of production and when first put into service ;

(b) Registration mark and type of aircraft in which the apparatus is installed; and

(c) A fully detailed record of maintenance adjustments, repairs and tests in connexion with the functioning of the apparatus.

Wireless log.

86_ The airscrew log shall contain the following particulars in Airserew log.

respect of each airscrew:— (a) Name of manufacturer, diameter, number of blades, range

of pitch adjustment, and in respect both of hub and blades, model number, serial number and type approval, including any particular restrictions imposed in respect of engine characteristics;

(b) Table of maximum and minimum pitch settings for each particular engine installation on which the airscrew is fitted; and

(c) A fully detailed engineering record of the life of the air-screw and accessories, including hours run, overhauls, replacements, repairs and all work of a like nature.

87. The pilot's log shall contain the following particulars:— (a) . The full name, address and date of birth of the pilot; (b) The number of licence, date of expiration, date of last

medical examination, and result; (c) Name and address of present employer; (d) Past experience as a pilot; and (e) A record of flights.

Wircless

Pilot's log.

25

PART IX.—WIRELESS TELEGRAPH APPARATUS AND OPERATORS.

88. Wireless telegraph apparatus shall not be installed on an aircraft wireless1ti it,,eiiex,, in stallation .0 without a special licence issued by the country whose nationality the

aircraft possesses.

89.—(1.) Every aircraft which is capable of carrying ten or more

tins Carriage of wirel persons (including the operating crew) and is engaged in international rigarfttiaus on

air navigation and used in a public transport service shall be equipped with wireless telegraph apparatus capable of sending and receiving Morse or spoken messages and in condition for normal working during flight.

(2.) Every aircraft of a total maximum authorized weight of 4400 pounds or more which is engaged in international air navigation shall be equipped with wireless telegraph apparatus capable of sending or receiving Morse or spoken messages, in condition for normal working during flight, when it has to effect a journey—

(a) entirely by day for a projected distance of more than 100 miles without landing;

(b) entirely or partially by night; or (c) in the course of which the aircraft will, at any point, be

over the sea at a distance of more than 15 miles from any coast.

(3.) Every _Australian aircraft used on a public transport service shall be equipped with wireless telegraph apparatus capable of sending and receiving Morse or spoken messages. and of receiving wireless trans-missions arranged to provide aids for navigation and landing and in condition for normal working during flight:

Provided that the Minister may, if he thinks fit, exempt an aircraft either wholly or in part from the operation of this sub-regulation.

(4.) In the case of Australian aircraft, the wireless telegraph apparatus referred to in this regulation shall be of a type approved by the Board, its installation shall be approved by the Board, and it shall be used in accordance with any directions issued by the Board.

(5.) The -wireless telegraph apparatus installed in an aircraft in pursuance of this regulation shall be maintained at all times in good order and condition, and shall be inspected and certified as efficient by an authorized person at such times as the Board directs.

90.—(1.). Every aircraft compulsorily fitted with wireless telegraph apparatus shall have on board during flight .a person who is the holder of an appropriate licence as required by this Part unless the Board is satisfied that, owing to the absence of land radioelectric facilities available for air traffic, the employment of such apparatus would serve no useful purpose, and issues to the owner of the aircraft a certificate of exemption from the 'requirements of this regulation.

(2.) The radiotelegraph service of the station of an aircraft in respect of which the installation of wireless telegraph apparatus is compulsory under these Regulations may be carried out, whether or not such station participates in the international service of public corres-pondence, by the holder of a first or second class radiotelegraph operator's licence issued by the Board.

(3.) The radiotelephone service of the station of an aircraft, whether or not such station participates in the international service of

Carriage of wircless operator.

26

public correspondence, and whatever the power of the installation may be with which the station is provided, may be carried out by the holder of a first class radiotelegraph operator's licence:

Provided that, in the case of a station provided with a radio-telephone installation of a power of the carrier wave in the aerial not exceeding 100 watts, and when the station is used solely for telephony, the service may be carried out by an operator holding a second class radiotelegraph operator's licence or a radiotelephone operator's licence.

(4.) The radiotelegraph service of the station of an aircraft in respect of which the installation of wireless telegraph apparatus is not compulsory under these Regulations may be carried out by the holder of a third-class radiotelegraph operator's licence (special certificate), provided that if the station participates in the international service of public correspondence it shall be necessary for the operator's licence to be specially endorsed as required by Annex E to the Convention.

91.—(1.) An aircraft engaged in international air navigation shall, can sign for

when transmitting or receiving signals by radiotelegraphy or by any aircraft. other method of communication, except visual signals when the Morse Code is not being used, use as its call sign the complete group of five letters constituting its nationality and registration marks preceded, in the case of radiotelephony, by the name of the owner of the aircraft :

Provided that, after communication has been established by means of the call sign, the aircraft may use an abridged sign as follows:—

(a) In the case of signals transmitted by radiotelegraphy, the first and last letters of the complete call sign of five letters may be used;

(b) In the case of signals transmitted by radiotelephony, the whole or part of the name of the owner of the aircraft followed by the last two letters of the complete call sign of five letters may be used.

(2.) An Australian aircraft not engaged in international air naviga-tion shall, when transmitting or receiving signals by radiotelegraphy or radiotelephony, use as its call sign—

(a) in the case of signals by radiotelegraphy, the call sign as set out for radiotelegraphy in sub -regulation (1.) of this regulation;

(b) in the case of signals by radiotelephony, such call sign as the Board directs.

92.—(1.) Aircraft engaged in international air navigation shall, Aircraft to when flying above Australian territory, observe the "Regulations con- nsoeprtveed rules

cerning the employment of radiocommunication apparatus in air- Internati onal craft and the " Regulations for the international radioelectric service Commission.

of air navigation " as adopted by the International Commission for Air Navigation.

(2.) Aircraft engaged in air. navigation solely above Australian territory shall observe the rules contained in the publications referred to in sub-regulation (1.) of this regulation, subject to any modifications made by the Board in order to simplify and expedite the passage of messages and notified in Notices to Airmen..

27

PART X.—INVESTIGATION OE ACCIDENTS.

93. In this Part- " accident " means an accident occurring to an aircraft 10 which

these Regulations apply between the time when the engine of the aircraft is started or the pilot takes his seat and the time when the aircraft and its engine are brought to rest; and

" forced landing " means any landing made by an aircraft to which these Regulations apply (including a landing on an aerodrome) which is rendered necessary through the failure or partial failure during flight of any part of the aircraft, including the engine, or through insufficiency of fuel.

94.—(1.) For the purpose of investigating accidents and forced land- Constitution

ings, there shall be an Air Accidents Investigation Committee (in this Accidents

Part referred to as " the Committee ") consisting of a Chairman and isnitacteion

two members to be appointed by the Minister. (2.) The Minister may, if he thinks it desirable, appoint one or

more additional members to act as members of the Committee for the purpose of the investigation of any particular accident,

95.—(1.) In the case of an accident or forced landing which occurs forced and edlapionirtmer in Australian territory, and involves death or serious injury to ally to b e

re

person or major damage to an aircraft, the owner, hirer or pilot shall forthwith send notice of the accident or forced landing to the Secretary by 'telegram.

(2.) In the case of any other accident or forced landing, which occurs in Australian territory, or any accident or forced landing involv-ing an Australian aircraft which occurs outside Australian territory, the owner, hirer or pilot of the aircraft shall forthwith send notice in writing to the Secretary.

(3.) The Secretary shall, on receipt of notiee of the accident or forced landing, report it to the Minister and to the Committee.

(4.) The notice required to be sent to the Secretary under this regulation shall state—

(a) the nationality and registration marks of the aircraft; (b) the name of the owner and hirer (if any) of the aircraft; (c) the name of the pilot of the aircraft; (d) the place where the accident or forced landing occurred; (e) the date and time when the accident or forced landing

occurred; (f) the nature and cause of the accident or forced landing; (g) whether death or serious injury was caused by the accident

or forced landing, and if so, to whom; and (h ) the nature and extent of the damage to the aircraft.

96. Where an accident or forced landing occurs in Australian Aircraft not to be removed territory, and involves death or serious injury to any person carried without

in the aircraft— permission.

(a) the aircraft shall not, except under the authority of the Committee, be removed_ or otherwise interfered with, until the expiration of three days after notice of the accident or forced landing has been given in accordance with these

Definitions.

23

Regulations, and the Committee may in any particular case direct that it shall not be 'removed or otherwise interfered with until the expiration of such longer period as the Committee specifies: Provided that-

(i) the aircraft or any parts thereof may be removed or interfered with so far as is necessary for the purpose of extricating persons or animals involved, removing any mails carried by the air-craft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public;

(ii) if an aircraft is wrecked on the water, the aircraft and its contents may be removed to a place of safety;

(iii) goods or baggage may be removed from the air-craft under the supervision of an officer of police, but, in the case of an aircraft which has come from a place outside Australian territory the goods or baggage shall not be removed from the vicinity of the aircraft except on clearance by or with the consent of an officer of Customs;

(b) the Committee may authorize any person, so far as is neces-sary for the purpose of any investigation under these Regulations, to take measures for the preservation of the aircraft and to have access to, examine, remove or other-wise deal with the aircraft.

97. The Committee may investigate any accident or forced landing i(\■ i,ffilt■iitlfeee may

with a view to determining the cause thereof and recommending to the atcl('Ients ' and Minister such action as the Committee considers should be taken to forced landings prevent recurrence.

98. If the Minister so directs, the sittings of the Committee for Hearin g of the purpose of hearing evidence in connexion with the investigation of imbile n.

cin

any particular accident or forced landing shall be held in public.

99. For the purpose of the investigation of accidents or forced land- lugs, the Committee may, by writing under the hand of the Chairman 'witnesses, &c. of the Committee, summon any person to attend before the Committee at a time and place named in the summons, and then and there to give evidence and to produce any books, documents, or writings in his custody or control which he is required by the summons to produce.

100. Any of the members of the Committee may administer an oath Power to

to any person appearing as a witness before the Committee, whether ,c,1'',',"L' ee,„ . the witness has been summoned or appears without having been sum-

moned, and may examine the witness upon oath or upon affirmation.

101. If any person served with a summons to attend before the Coln- }41,,Lli drc ats° mittee, whether the summons is served personally or by being left at his witncss. usual place of abode, fails without reasonable excuse to attend before the Committee, he shall be guilty of an offence.

29

102. If any person appearing as a witness before the Committee Refusal to be

refuses to be sworn or to make an affirmation or to answer any question sp7,Tirer _ relevant to the investigation put to him by any member et. the Com documents.

mittee, or refuses to produce any documents, books, or writings in his custody or control, he shall le guilty of an of

103. Any witness before the Committee who knowingly gives false rivin g false

testimony in any evidence given by him to the Committee shall be es testimony guilty of an offence.

104. For the purpose of the investigation of any accident committee to have right of

or forced landing, the Committee shall have the right of access to any access to aircraft establishment, and of examination of any aircraft , equipment a i rcraft establishments. or process in that establishment.

105.—(1.) The Committee may, by writing under the hand of the,c,,,,oitfc,oh, authorize person 1)e eamrnsaoyn

Chairman of the Committee, authorize any member of the Committee, or any person generally or specially appointed for the purpose by the investigation.

Committee, to conduct an investigation into any matter connected with any accident or forced landing.

(2.) An investigation under this regulation shall be so conducted that if a charge is made or is likely to be made against anv person, that person shall have an opportunity of being present and of making a statement, or giving evidence, and producing witnesses on his behalf.

(3.) Upon concluding his investigation the member or person authorized to conduct the investigation shall forward a report thereon in writing to the Chairman, Air Accidents Investigation Committee, covering the whole of the investigation made by him and shall forward with the report all signed statements or other documents which have come into his possession in the course of the investigation.

106. Nothing in this Part shall be deemed to affect or restrict the Police powers of State not exercise by any State Government of the Police powers of the State. affected.

PART XI.—AERODROMES AND AIR BEACONS. 107.—(1.) Upon application by the proprietor of any place, the Aerodrome

Board may issue to him an aerodrome licence authorizing the use of licences.

the place as an aerodrome open to public use by aircraft to which these Regulations apply.

(2.) An aerodrome licence shall be issued subject to such conditions as the Board considers necessary to ensure compliance with the Conven-tion and the safety of aircraft using the aerodrome.

(3.) The proprietor of any place shall not permit it to be used as an aerodrome open to public use by aircraft to which these Regula-tions apply except under the authority of, and in accordance with the conditions of, an aerodrome licence issued under this regulation.

(4.) Where any place in a Territory is used as au aerodrome by aircraft engaged in the carriage of passengers, but does not come within the terms of the last preceding sub-regulation, the proprietor of the place shall, if so required by the Board, take out an aerodrome licence under this regulation.

(5.) This regulation shall not apply to aerodromes under the control and management of the Board.

30

108. Aerodromes licensed tinder this Part and open to public use Compliance shall be open to any aircraft which possesses the nationality of a r'''yeicituhirements of

Contracting State, and the tariff of charges, including charges for ' article 24 of

landing and length of stay at such aerodromes, shall be applicable alike Convention to Australian aircraft and foreign aircraft.

109.—(1.) The rules contained in the First Schedule to these compliance with rulesto Regulations shall be observed in respect of all aerodromes licensed under '1',„ 1 this Part and all aerodromes under the control and management of the and air traffic.

Board. (2.) Any person who contravenes or fails to comply with any such

rule shall be guilty of an offence.

110. All aircraft belonging to or employed in the service of His Majesty shall have access, at all times, to any licensed aerodrome.

111.—(1.) Whenever any light is exhibited in the neighbourhood of an aerodrome open to public use by aircraft engaged in inter-national air navigation or in air navigation within a Territory, or in the neighbourhood of an aerial lighthouse or beacon in a Territory, and, in the opinion of the Minister, the light is likely to endanger the safety of aircraft, whether by reason of glare, or by causing confusion with, or preventing clear reception of, the lights or signals prescribed in the First Schedule to these Regulations, the Minister may authorize a notice to be served upon the owner of the place where the light is exhibited or upon the person having charge of the light directing that owner or person, within a reasonable time to be specified in the notice, to extinguish or effectually screen the light and to refrain from exhibiting any similar light in the future.

(2.) The notice may be served either personally or by post or by i affixing it in some conspicuous place near to the light to which the

notice relates. (3.) If any owner or person on whom a notice is served under this

regulation fails, without reasonable cause, to comply with the directions contained in the notice, he shall be guilty of an offence.

(4.) If any owner or person on whom a notice under this regulation is served fails, within the time specified in the notice, to extinguish or effectually to screen the light mentioned in the notice, the Minister may authorize an officer, with such assistance as he requires, to enter the place where the light is and extinguish or screen the light, and may recover the expenses incurred by him in so doing from the owner or person on whom the notice has been served.

PART XIII.—INTERNATIONAL AIRWAYS.

112. An aircraft arriving in, or departing from, the Commonwealth Aircraft

or a Territory shall comply with the provisions of these Regulations af;irTleal,nAti for: and of all other laws for the time being in foroc in the Commonwealth overseas or that Territory, and, in particular, with such of those laws as relate to the Customs and to quarantine and immigration.

113. An international airway shall not be established or a regular Establishment it of international international air navigation line operated over through or into Aug- airways.

tralian territory without the express permission of the Minister.

Access of official aircraft to aerodromes.

Dangerous lights.

31

PART XIII.—SuSPENtION OR CANCELLATION OF LICENCES AND CERTIFICATES.

114.—(1.) Any licence or certificate issued under these Regulations saspenOon orof may be suspended or cancelled by the Board whenever it is satisfied licences and

that such action is necessary or desirable in order to ensure compliance cieoliZates by

with the provisions of the Convention and of these Regulations, or in the interests of public safety.

(2.) Where any person is convicted of an offence against these regulations, the Board may suspend or cancel any licence or certificate issued to that person.

(3.) The suspension of a licence or certificate under this regulation may be for a specified period or pending further investigation.

(4.) The suspension or cancellation shall take effect immediately or from such time as the Board directs, and notice of the suspension or cancellation shall forthwith be given to the holder of the certificate or licence, together with a statement of the 'reason for the suspension or cancellation.

(5.). Within fourteen days after the receipt of the notice of suspen-sion or cancellation, the holder of the licence or certificate may request the Board to revoke or vary the suspension or cancellation, and may submit a statement in writing setting forth the grounds upon which his request is based.

(6.) The Board shall consider the request and statement and any other evidence which it considers relevant to the matter, and shall confirm, revoke or vary the suspension or cancellation.

(7.) The Secretary shall forthwith forward to the holder of the licence or certificate notice in writing of the Board's decision.

115. if the holder of the licence or certificate is aggrieved by Application

the Board's decision as indicated in the notice forwarded to him iii for of sus

referencc suspension

pursuance of sub-regulation (7.) of the last preceding regulation, he or cancellation to Appeal

may, 'within fourteen days after the receipt of the notice, apply in the Board.

prescribed manner to have the question of the suspension or cancellation of his licence or certificate referred for consideration by an Appeal Board consisting of

(a) the Controller-General of Civil Aviation or a member of the Board nominated by him (who shall act as Chair-man);

(b) an officer of the Attorney-General's Department qualified to practice as a barrister or solicitor of the High Court or the Supreme Court of a State, who shall be nominated by the Attorney-General OT by the Solicitor-General, either in respect of a particular appeal or in respect of appeals to be heard in any State or Territory; and

(c) a person having knowledge and experience of air navigation, who shall be nominated by the Minister, either in respect of a particular appeal or in respect of appeals to be heard in any State or Territory, but shall not be an employee of the Commonwealth.

116. An application under the last preceding regulation shall be manner of in writing signed by the holder of the licence or certificate, and shall 4lak'.. application for be lodged with the Secretary together with a deposit of Twenty pounds. reference to

Appeal Board,

32

The Appeal Board shall fix a time and place for con- afoozattridetnion. o sideration of the question of the suspension or cancellation of the csusp6Igi on

licence or certificate, and the Secretary shall give notice thereof to the or cancellation

holder of the licence or certificate, who may appear before the Board Board.

and submit evidence in support of his request that the suspension or cancellation should be revoked or varied, or may submit a statement in writing for consideration by the Board.

(2.) If the holder of the licence or certificate so requests, or the Appeal Board so directs, the hearing shall be open to the public.

(3.) The Appeal "Board shall consider the evidence or statement submitted by the holder of the licence or certificate and any evidence submitted on behalf of the Civil Aviation Board, and may confirm, vary or reverse the decision of that Board.

(4.) If the members, of the Appeal Board are divided in opinion as to the decision to be given, the question shall be decided according to the decision of the majority.

(5.) The decision of the Appeal Board shall be final. (6.) If the Appeal Board does not confirm the decision of the

Board, the sum of Twenty pounds deposited under the last preceding regulation by the holder of the licence or certificate shall be returned to him.

(7.) If the Appeal Board confirms the decision of the Board, the sum of Twenty pounds deposited by the holder of the licence or certificate shall he forfeited and paid into the Consolidated Revenue Fund unless the Appeal Board otherwise directs.

118. When any licence or certificate has been suspended or cancelled Entrics and

by the Board endorsements , and relating to

(a) the holder of the licence Or certificate has not, within the stl,".„1(',eelat„(ni prescribed time, taken action in accordance with these Regulations to have the suspension or cancellation revoked or varied, or

(b) upon the conclusion of the prescribed procedure relating to such revocation or variation, the decision of the Board has been confirmed or varied,

an appropriate entry shall be made in any register in which particulars relating to the licence or certificate are entered, and a note of the suspension or cancellation shall be endorsed on the licence or certificate.

119. The Commonwealth or the Board shall not be liable for any Liability for expense incurred, or claims made, because of or arising out of the 'l=rlsi"ic g cancellation or suspension of any certificate or licence issued by the cancellation

or suspcnsion Board under these Regulations. of certificates,

P ear XIV.--AITSCELL„A NEous

120. Every application for the issue or renewal of any licence, A pplications

certificate, permit, authority or other document- under these Regulations V,: la"„ncs ,.s. shall be made to the Secretary, and, where necessary, shall be accom-

panied by such fee to cover expenditure in connexion therewith as is specified in the Second Schedule to these Regulations.

121. Finless the Board otherwise directs, a licence or certificate Licences, &c.,

required under these Regulations shall not be issued to any person =L b: who is not a British subject. aliens

122.—(1.) The Board may by notice in writing require the holder surrcnder

of any licence, certificate or other document issued under these Regula- documents of

tions, or any person having the possession or custody of any such

33

licence, certificate or document, to surrender to the Board, within. the time specified in the notice, any such licence, certificate or document for cancellation, suspension, endorsement or variation in accordance kith the provisions of these Regulations.

(2.) Any person who fails to comply with any such requirement -within the time so specified shall be guilty of an offence against these Regulations.

123.—(1.) Any person required under these Regulations to be the holder of a licence or permit shall, on demand, produce his licence or permit, and, in the case of a pilot, his pilot's log-book, for inspection by any person authorized for the purpose by the Board.

(2.) The owner, hirer or person in charge of any aircraft shall, in demand, produce or cause to be produced for inspection by any person authorized for the purpose by the Board, any certificates, licences or log-books relating to the aircraft and, if it carries passengers or

goods, the list of names of the passengers or the bills of lading and the manifest, as the ease may be.

124. Any authorized person shall, at all reasonable times, have Access " au thorized access to any place to which access is necessary for the purpose of persons to

carrying out any powers and functions vested in him in pursuance aircraft, fic. of these Regulations, and, in particular—

shall have access at all times to any licensed aerodrome for the purpose of inspecting the aerodrome;

shall, during the construction, overhaul, modification, repair or assembly of an aircraft to which these Regulations apply, have access at all times during working hours to-

(i) those portions of the workshops in which the air-craft or any part thereof is being constructed, overhauled, modified, repaired or assembled; and

(ii) the drawings of the aircraft or of any such part; (c) shall , at all reasonable times, have access to any aircraft for

the purpose of inspecting the aircraft.

125. The Board or an officer shall not be liable for any loss or damage

for

damage to an aircraft whioh occurs while the aircraft is in the custody aircraft,

of the Board for the purpose of official flying trials or otherft,

of tP official

tests, or in the course of transit to and from the place fixed for those ials or tests, or during any inspection by an officer in pursuance of

these Regulations.

126. Before commencing any flight, the pilot or commander of Precaution

an aircraft shall satisfy himself that the aircraft is safe for flight prior to flying.

in all respects as required by these Regulations.

127. An Australian aircraft other than a seaplane or au amphibian shall not leave Australian territory on a flight over the sea, whilst carrying passengers, if at any time during the flight the aircraft

ill be at a distance greater than twenty-five miles from the coast, unless permission for the flight has been obtained from the Board prior to the commencement of the flight, and shall not enter Australian territory after having made any such flight without the permission of the Board.

Production of licences, &c., and log-books.

(a)

(b)

Flights over the sea.

34

128.—(1.) Whenever an aircraft is carrying passengers, the owner Smoking on

of the aircraft shall cause to be exhibited and to be kept exhibited ' raft ' in a conspicuous place in the aircraft a legible notice stating whether, or to what extent, smoking is permitted in the aircraft.

(2.) Any such notice shall not state that smoking is permitted in the aircraft unless, or except in so far as, smoking therein is authorized by the aircraft's certificate of airworthiness.

(3.) A person shall not smoke in any such aircraft unless, or except in so far as, smoking is stated by the notice to be permitted.

129. A person shall not commit any act, whether by interference with any member of the operating crew, or by tampering with the air-craft or its equipment, or by disorderly conduct or otherwise, which is likely to imperil the safety of any aircraft or its passengers or crew.

130. A person shall not be carried on the wings or undercarriage earriage . on the gung of any aircraft or on or in any other part of the aircraft which is carnage,

not designed for the accommodation of the operating Crew or passengers, or on or in anything attached to the aircraft:

Provided that nothing in this regulation shall prevent a member of the operating crew having temporary access to—

(a) any part of the aircraft for the purpose of executing repairs or adjustments to the airoraft or its equipment, or for the purpose of doing anything which may be necessary for the safety of the aircraft or of any persons or goods carried therein; or

(1)) any part of the aircraft in which goods or stores are being carried and to which proper means of access is provided.

131.—(1.) A person shall not, while in a state of intoxication, enter Intoxicated to or be in any aircraft. persons not

act, as pilots, (2.) A person acting as a member of the operating crew of an tci:jZ o n

aircraft or carried in the aircraft for the purpose of so acting aircraft.

shall not, while so acting or carried, be in a state of intoxication or

in a state in which, by reason of his having taken or used any sedative, narcotic or stimulant drug or preparation, his capacity so to act is impaired.

132.—(1.) Except in a case of emergency or in accordance with the Parachute

conditions contained in a permit issued by the Board, a person shall descents.

not descend from an aircraft by means of a parachute. (2.) A permit under this regulation may at any time be cancelled

by the Board by notice to the holder of the permit.

133. Nothing in these Regulations shall be construed as conferring Alighting on

on any aircraft, as against the owner of any land or any person Ppqaetrcty,,tc. interested therein, the right to alight on that land, or as prejudicing the

rights or remedies of any person in respect of any injury to persons or property caused by the aircraft.

134. The issue of a licence or certificate by the Board under these Patent rights.

Regulations shall not relieve the licensee or holder of the certificate of any responsibility for any infringement of any patent for an inven-tion, but an aircraft which possesses the nationality of a Contracting State shall be exempt from seizure on the ground of infringement of

Imperilling the safety of aircraft.

35

patent, design or model ; subject to the deposit of security the amount of which, in default of amicable agreement, shall be fixed by the Minister or some person thereto authorized by the Minister.

135.—(1.) Where an airoraft flies in contravention of, or fails to o ffences and comply with, any of these Regulations (including the rules contained penaltis.

inthe First Schedule to these Regulations) the owner or hirer of the aircraft (if other than the Crown) and the pilot or commander in charge of the aircraft shall be guilty of an offence against these Regulations.

(2.) Any person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence against these Regulations.

(3.) Any person who obstructs or impedes any other person acting in the exercise or performance of any powers or duties conferred on him by or under these Regulations shall be guilty of an offence against these Regulations.

(4.) Unless it is otherwise expressly provided, the penalty for an offence against these Regulations shall be a fine not exceeding Two hundred pounds or imprisonment for any term not exceeding six months, or both.

(5.) It shall be a good defence to any proceedings for an offence against these Regulations if the offence is proved to have been due to stress of weather or other unavoidable cause.

(6.) It shall be a good defence to any proceedings against the owner, hirer, pilot or commander of an aircraft for an offence against these Regulations to prove that the offence took place without his actual fault or privity.

136.—(1.) In any proceedings under these Re gulations in any Proof of

Court-- certificates and signatures in (a) any certificate, notice or other document bearing the written, court

stamped or printed signature of the Secretary shall, until proceedings.

the contrary is proved, be deemed to have been duly signed by the person by whom it purports to have been signed; and

(5) any such certifioate certifying to- (i) the registration or non-registration, suspension or

cancellation of registration of any aircraft ; (ii) the issue or non-issue, suspension or cancellation of

the certificate of airworthiness of any aircraft; (iii) the licensing or non-licensing, suspension, cancella-

tion or endorsement of licences of persons under these Regulations;

(iv) the licensing or non-licensing of aerodromes or air lines; or

(v) the issue or non-issue of any permit, permission or authority required by the-se Regulations,

shall be prima facie evidence of the facts stated in the certificate. (2.) Judicial notice shall be taken of such signature and of the

fact that the person whose signature it purports to be holds or has held the office of Secretary to the Civil Aviation Board.

137. The owner or hirer of any aircraft shall furnish to- the. Board Returns. such statistical returns or other information relating to- the aircraft and the crew thereof, to passengers and goods carried, and to journeys made by the aircraft as the Board from time to time requires.

36

THE SCHEDULES.

THE FIRST SCHEDULE. RULES AS TO LIGHTS AN]) SIGNALS AND RULES FOR AIR TRAFFIC.

PART 1.—PRELIMINARY.

1.—(1.) In this Schedule, unless the contrary inten last mentioned

" by day " means between sunrise and sunset; by night" means between sunset and sunrise;

" landing" includes alighting on water and " to land " has a corresponding. meaning;

" landing area" means that part of an aerodrome which is reserved for the departure and landing of aircraft;

" plane of symmetry," in relation to an aircraft, means the plane of symmetry passing through the longitudinal axis of the aircraft;

" rule" means a ride contained in this Schedule; "visible," in relation to lights, means visible on a dark night with a

clear atmosphere.

(2.) For the purposes of this Schedule, an aircraft shall be deemed to be—

(a) "on the surface of the water " when any part of the aircraft is in contact with the water;

(b) " under way" if, bein! . in the air or on the surface of the water, it is not moored to the ground or to any fixed object on the land or in the water;

(c) " making way " if, being under way in the air or on the surface of the water, it has a velocity relative to the air or the water, as the case may be; and

(d) not "under control" when it is unab'e to manoeuvre as required by the rules contained in this Schedule or by the regulations for preventing collisions at sea.

(3.) In this Schedule, unless the cbeingy intention appears, the prescribed angular limits, as shown in the sketch plan of lights hereunder, shall lie deter-mined when the aircraft is in its normal attitude for flying on a rectilinear horizontal course.

SKETCH PLAN OF LIGHTS

Interpretation.

Aft Fore

(4.) Where any rule in this Schedule contains a provunablesimilar to a provision contained hi a rule contained in Annex D to the Convention. but a distance which in the lastmentioned rule is expressed in kilometres, metres or centimetres (as the case may be) is in the firstmentioned rule expressed in miles, feet or inches, all aircraft which, in respect of that distance, complies with the rule in Annex D shall also be deemed to comply with the rule contained in this Schedule,

37

PART II.—RULES AS TO LIGHTS AND VISUAL SIGNALS TO BE DISPLAYED BY AIRCRAFT AND SOUND SIGNALS TO BE MADE BY AIRCRAFT.

Division I.—Preliminary.

2.—(1.) The provisions of these Rules with respect to lights to be displayed c ompliance by aircraft shad be complied with in ail weathers awing the period with rules as

to sunrise to lights. sunrise (2.) During such period, no other lights shall be displayed which may be

mistaken for the lights required to be displayed in pursuance of this Part. (3.) The lights required to be displayed shad not be dazzling.

3.—(1.) In the event of the failure of any light which is required by the Failure of rules of this Part to be displayed by aircraft in flight, toe aircraft concerned lights.

shall, if the light cannot immediately be repaired or replaced, land as soon as it can do so without danger.

(2.) Where, owing to the difficulty of producing lamps to meet the require-ments of the rules of this Part as regards sector lights, an overlap of these lights is unavoidable, the overlap shall be kept as small as possible, and a light shall be visible in every sector.

4.—(1.) Nothing in the rules contained in this Part shall interfere with the Special rules operation of any special rules prescribed with respect to additional signal or fT71 177/

aircra station lights for aircraft exclusively employed in the service of the Common- wealth or a State or aircraft in group formation, or with respect to the exhibi-tion of recognition signals adopted by owners of aircraft.

Division 2.--Lights and Visual Signals to be Displayed by Aircraft.

5.— (1.) Every mechanically-driven aerodyne, whether in the air or on the Mechanically-landing area of a land aerodrome, shall display lights as prescribed by this driven

nos .

aerodyne in rule. thc air or on (2.) The aerodyne shall display, on the right side, a green light, fixed so talrieealanding

as to show an unbroken light visible at a distance of at least 5 miles throughout a dihedral angle of 110° formed by two vertical planes, one of which is parallel to the plane of symmetry and directed dead ahead, and the other is directed to- the right.

(3.) The aerodyne shall display, on the left side, a red light, fixed so as to show an unbroken light visible at a distance of at least 5 miles throughout a dihedral angle of 110° formed by two vertical planes one of which is parallel to the plane of symmetry and directed dead ahead and the other is directed to the left.

(4.) The aerodyne shall display, at the rear, a white light, fixed so as •Lo show astern an unbroken light visible at a distance of at least 31 miles through-out a dihedral angle of 140° formed by two vertical planes and bisected by the plane of symmetry.

(5.) In the case where, in order to fulfil the above conditions. the singe light has to be replaced by several lights, the field of visibility of each of these lights shall be so limited that only one can be seen at a time.

(6.) In the case of an aerodyne with a maximum span of less than 05 feet. the lights prescribed in this rule may be combined in one or snore lamps placed centrally, provided that the requirements of this rule as to colour and visibility are

6.-0.) Every mechanically-driven aerodyne under way on the surface of the Mechanically-water shall display lights as prescribed by this rule, driven

(2.) If the aerodyne is under control, and is not being' towed, the aerodyne w ay aerodynes

theeunder shall display the lights as specified in rule 5 and in addition, forward, a white surface of the

light fixed so as to show forward an unbroken light visible at a distance of at water. least 31 miles throughout a dihedral angle of 220° formed by two vertical planes and bisected by the plane of symmetry.

(3.) If the aerodyne is being toi,wid, tire aerodyne shall display the lights specified in rule 5.

38

(4.) If the aerodyne is not under control, the aerodyne shall display two red lights, placed where they can best be seen, one - vertically over the other not less than 31- feet apart and both visible so far as practicao.c all round 'the horizon at a distance of at least 2 miles and, in addition--

(a) if it is making way, the _fights specified in rung 5; or (b) if it is not Making way, the lights specified in sub-rate (4.) of

rule 5.

(5.) If the aerodyne is towing another aerodyne, the towing aerodyne shall display the lights specified in rule 5 and in addition, forward, two white lights placed wsub-ruley can best be seen, one vertically over the miler, not -less ;Alan

6 feet apart, and visible at a distance of at least 31 miles throughout a dihedral ang_e of 220li formed by two vertica. planes and bisect2d b -uy the plane of symmetry.

Every 1110211alliCaily - driven aerodyne, whether at anchor or moored on the surface ofni the water, shall display lights as prescribed by this rule.

(2.) In every ease, the aerodyne shall display, forward centrady where it can best be seen. a -white light, visible all round the horizon at a distance of at least it miles.

(3.) If the airc83t is 147 feet or upwards in length, the aircraft shall display a white light at or near its stern at a lower height than the forward light, and visible all round the horizon at a distance of at least it miles.

(4.) If the maximum lateral dimension of the aircraft is 147 feet or more, the aircraft shall display, in addition to any other lights required by this rule, a white light on each side -placed in such a manner as to demarcate the maximum lateral dimension of the aircraft, and visible so far -as practicable all round the horizon at a distance of at least ld miles.

S. In all cases in which, under cableules contained in this Part mechanically-driven aerodynes are required to display lights, gliders shall display a red light visible so far as pra.etcable in allat intervalsons.

9. A free balloon shall display a red light .placed at least 164 and at most 32 feet below the basket and visible, so far as practicable in all directions, at a distance of at least :nmiles.

Ifechanieally-driven aecodynes anelict or mooted on the surface of the water.

Gliders.

P'tee balloon,.

1.0.—(1.) A captive balloon or a kite, when flown at an altitude exceeding captive balloons 196 feet above the ground, or at any altitude if it is less than 3 mi_es from an and kites. aerodrome or from a recognized air route, shall display a white light placed 13 -feet vertically above a red light,practicablets being- visible so far as practicable in all directions at a. 'distance of at least 2 miles. The white light shall be placed at least 16i and at most 32 feet belo -,: the basket or, sub-rulere is n9 basket, below the lowest part of the balloon or kite.

(2.) In addition to the specified in sub-rune of this rule, there shall be displayed, from the mooring cable, at intervals of 1,000 feet measured from the group of two lights prescribed in that sub-rule, similar groups of two lights, white and red. If the lowest group of lights is obscured by clouds, one additional group shall -bbisectedyybelow the cloud base.

(3.) The posimechanicallyct to which the balloon or kite is moored on the ground shallgniaddition he marked by a group of three flashing lights arranged on a horizontal plane at the apexes of a triangcentrallyximately equilateral and measuwhitet least 8:3 feet on each side. The side of this triangle, perpendicular to the horizontal projection of the cable, shall be delimited -by two red lights; the third light shall be a green light placed opposite the direction of the cable. . (4.) By day, the mooring cable of a captive balloon shall have attached 'to

it at intervals of not more than 650 feet measured from the basket or, if there is no basket, from the lowest part of the balloon, tubular streamers not less than 16 inches in diameter and 7 feet long, and marked with alternate bands of white and red, 20 inches in width.

(5.) By clay, the mooring eabic of a kite shall be marked— (a) in the manner prescribed in the last preceding sub-rule for the

mooring cable of a captive balloon; or (b) by streamers of stout. paper at.intervals of 330 feet measured from

the lowest part of thpracticable streamectionsat least 32 inches long and at least one foot wide at their wideSt part and marked with alternate bands, 4 inches in width, of white and red.

(6.) By way of exception to the provisions of this

Ifechanieally-driven

authorize c

anclict

balloons and kites used for meteorological observfrees., which,

39

owing to their insufficient static lift, cannot display the lights and signals prescribed in this rule, to be flown, but only over areas which are notified as winger areas nr ••■ ooces to f,Airiiien. ui eve, j case the position of the object to which the balloon or kite is moored to the ground snail be marked as provided for in sub-rule (3.) of this rule.

11.—(1.) Except as provided hi rule 12, an airship when under way shall Airships -under display lights as prescribed by this rule, way.

(2.) Tile airship shall display, forward, a white light, fixed so as to show forward an unbroken light visible at a distance of at least 5 miles throughout a dihedral angle of 220' formed by two vertical planes and bisected by the plane of symmetry.

(3.) The airship shall display, on the right side, a green light, fixed so as to show an unbroken light visible at a distance of at least 5 miles throughout a dihedral angle of 110u formed by two vertical planes, one of which planes is parallel to the plane of symmetry and directed dead ahead, and the other is directed to the right.

(4.) On the left side, the airship shah display a red light, fixed so as to show an unbroken light visible at a distance of at least 5 miles throughout a dihedral angle of 110° formed by two vertical planes, one of -which planes is parallel to the plane of symmetry, and directed dead ahead, and the other is directed to the left.

(5.) At the rear, the airship shall display a white light fixed so as to show astern an unbroken light visible at a distance of at least 3i miles throughout a dihedral angle of 140° formed by two vertical planes and bisected by the plane of symmetry.

(6.) In the case where, in order to fulfil the requirements of this rule, the single light has to be replaced by several lights, the field of visibility of each of these lights shall be so limited that only one can be seen at a time.

12.—(1.) An airship which is under way, and which is not under control, Airships under or which has voluntarily stopped its engines, or which is being towed, shall way but not

(2.) and (5.) of rule Tler control, (n display the forward and rear lights specified in sub-rules and, in addition, below the airship, two red lights placed one vertically below the other, 13 feet apart, the top light being 26 feet below the control car and both visible, so far as practicable, in all directions at a distance of not less than 21,- miles.

(2.) In addition to the lights specified in the last preceding sub-rule, the airship shall, if making way, but not otherwise, display the side lights specified in sub-rules (3.) and (4.) of rule 11. (3 .) By day, the airship shall display two black balls or shapes, each at least

24 inches in diameter . placed one vertically below the other 13 feet apart, the upper one being 26 feet below the control. car, and both visible so far as prac-ticable in all directions. Where necessary, to comply with these conditions, these signals may be duplicated

13.—(1.) An airship when moored to a mooring mast shall display at or Modred near the rear a white light visible so far as practicable in all directions at a airships. distance of at least 31

(2.) Every airship moored to the ground or the surface of the water by a cable shall display forward the white light specified in sub-rule (2.) of rule 11, and at the rear, the white light specified in sub-rule (5.) of rule 11. In addition, the airship and the mooring cable shall be lighted or marked in accordance with the requirements of rule 10 for a captive balloon.

(3.) An airship while picking up its moorings shall, although under way and not being under control, display only the lights specified in rule 11, until it is finally made fast.

Division 3.—Sound Signals.

14. In fog, mist, falling snow or heavy rainstorm, whether by day or night, Signals in all aircraft on the water shall make the following sound signals:— fog, drn.

(a) If not anchored or moored, a sound at intervals of not more than two minutes, consisting of two blasts of about five seconds' duration with an interval of about one second between them: or

(b) If at anchor or moored, the rapid ringing of an efficient bell or eon , for -about five seconds, at intervals of not more than one

PART III. --RULES AS TO GROUND MARKINGS AND SIGNALLING. Division 1.--Preliminary.

15. The ground markings, lights and signals mentioned in this Part shall not be used to indicate any fact other than those mentioned in this Part.

40

Division 2.--Ground Markings, Lights and Signals at and in the -Vicinity of Aerodromes open to Public Use.

10. At every land aerodrome open to public use, the following requirements Marking of

acrodromes.shall be complied with:—

(1) The boundaries of the landing area shall, by means of suitable mark-ings, be rendered clearly visible both to aircraft in the air and to aircraft manoeuvring on the landing area.

(2) A marking in the form of a circle shall be placed on or near the centre of the landing area.

(3) All obstructions existing on the landing area shall be clearly marked. (4) In the event of any part of the marked landing- area becoming- unfit

for use, the part unfit for use shall be delimited by clearly visible ground markings or flags.

17. At every aerodrome open to public use the following- requirements shall be Wind complied with:— ground

(1) The direction of the wind at the landin g area shall be

clearly 1, ;■ e1ar'Zirlo'giLsat. indicated by one or more of the follow m -n ing ethods, amely, a land-

ing T, -conical streamer (wind sleeve) or smudge fire indicating wind direction.

(2) If there is a banding- T-

(a) it shall indicate the compulsory direction for landing and taking-off, even should such direction not correspond to the direction of the wind;

(b) normally, the landing- T shall be so placed that the shaft of the T lies along the direction of the wind, with the cross arm set at that end of the shaft from which the wind is blowing;

(c) in the event of there being no wind or a slight irregular wind, the landing T may be fixed in the direction in which landing or departure is to be made, and the fact that it is fixed shall be signalled by the presence of a ball, mounted on a mast on the signal area and clearly visible both to aircraft in 'flight and to those manoeuvring on the landing area.

-

(3) When, by way of exception, at certain aerodromes the landing- area is, with the approval of the Board, to be regarded as divided into two approximately equal zones, one for departure and the other for landing, as provided for in rule 57 of this Schedule, this special arrangement shall be indicated by a full star of Tice points ( con - sti tuted by a regular non-convex pentagon which could be inscribed

- in a circle of not less than 50 feet diameter) as illustrated below-

(4) When, in conformity with rule 49 of this Schedule, the Board, in respect of any specified aerodrome, temporarily suspends, either wholly or-in part, the application of the rules contained in Part VI. of this Schedule, such suspension shall be indicated by a red square panel, placed horizontally, each, side of which measures at least ten feet, as illustrated below-

41

(5) If, during this temporary suspension of the rules, it is prescribed in addition that circuits outside the landing area and those for taking off and landing, which are referred to in rule 51 and rule 55 of this Schedule, must be right-handed, the red square panel, prescribed in paragraph (4) of this ru'e shall, along two of its sides be bordered by a red rectangular panel at least 31 feet in width, separated from the central panel by at least 34 feet. At the extremity of one of the rectangular panels shall be placed a red triangle so as to indicate that the direction of the circuit must be right-handed, as illustrated below—

Provided that if the only object of this temporary suspension of the rules is that the circuits outside the landing area and those for taking off and landing must be right-handed, the red square panel shall not be displayed.

(6) When special circumstances call for a prohibition to land liable to be prolonged, the fact shall be indicated by a red square panel, placed horizontally, each side of which measures at least 10 feet and the diagonals of which are covered by yellow strips at least 20 inches in width, arranged in the form of an X, as illustrated below-

(7) When the bad state of the landing area or any other reason calls for the observance of certain precautions in landing, that fact may be indicated by a red square panel, placed horizontally, each side of which measures at least 10 feet and one of the diagonals of which is covered by a yellow strip at least 20 inches in width, as illustrated below-

1Y/

42

(8) When a landing by means of a radioelectric guide is taking place, that fact may be signalled by hoisting on a mast a yellow triangular equilateral pyramid, each side of which measure at least 7 feet. as illustrated below—

(-9) The use of the signals provided for in paragraphs (7) and (8) of this rule is optional.

(10) The signals mentioned in this rule shall be placed, so far as practic-able, in a special part of the aerodrome selected as a signal area by way of exception, the wind indicators and the landing T referred to in paragraphs (I ) and (2) of this rule may be located elsewhere on the aerodrome.

18. At every aerodrome open to public use during periods of poor visibility, the lights existing on the landing area for night lighting shall be operated by day whenever possible and in so

landing as necessary.

19. At every aerodrome open to public the and used for night flying, the following provisions shall apply during the working- hours of the nigh t service:—

(a) As to dangerous lights—

Lights, which might endanger the safety of aircraft, -whether by reason of glare, or by causing confusion NV i ill or pre yen dug clear visual reception of the lights or signals prescribed in this Schedule, shall not be exhibited at or in the neighbourhood of un aerodrome. •

(b) As to aerodrome beacon— The position of the aerodrome may be indicated by a luminous

beacon.

Opcration of Light lighting

by day when visibility poor.

Aerodromes used for night flying.

20. At every land aerodrome open to public 1.16C and used for night dying, the following provisions shall apply during the working hours of the night service:—

(a) As to lighting of obstruction.,—

Fixed red lights shall be exhibited-

(i) on all obstructions within the landing area which constitute a danger to aircraft moving On the landing area

(ii) as far as possible, on all obstructions within 1,100 yards: of the boundary of the landing area and constituting a danger to aircraft approaching or leaving the aerodrome in a normal manner. Where it is not possible to exhibit fixed red lights on such obstructions, the horizontal p*0- jection and the centre of the obstruction shall, as far as possible, be clearly indicated by synchronized red flash-ing or occulting lights, placed oil a level with or near to the ground.

(b) As to lighting of landing T and of wind indicators— The landing T, if used, and at least one of the wind indicators,

shall he illuminated with fixed lighting, preferably -white.

(c) As to lighting of signals— The signals displayed ill the signal area shall be suitably

illuminated.

Lighting for night flying at Land aerodromes opcn to public use.

43

(d ) AS to lighting of landing area— The landing area or the part of the landing area on which land-

ings should be made shall be illuminated during landing manoeuvres either by-

( i ) a floodlight or floodlight system ; or (ii) one of the following methods :--

irst method.—A line of lights spaced 55 yards apart shall be placed on the ground, consisting of a central section of six white lights to indicate that landings should be made on the adjacent portion of the landing area and on either side of this line. Two green lights shall be placed at one end and two red lights at the other end of the line of white lights to indicate that landings should be made from the direction of the green lights towards the red lights.

Second method.—Lights shall be placed on the ground in the form of a T, the shaft of which shall be composed of at least four lights hi a line not less than 275 yards in length. The light at the foot of the T shall indicate the place where the aerodyne should first make contact with the ground and the cross arm of the T shall indicate the place where it should finish its run. Landings may be made on either side of the long arm of the T, but always parallel to that arm : Provided that, in the event of the area situated , on either side of the shaft of the T becoming obstructed, the light indicating the cross arm of the T on that side shall be removed and landing shall be effected on the opposite side.

The direction of landing and take-off shall be given by the two alternative methods ref erred to above. The lauding T shall not, therefore, be used.

(e) As to approach lighting—

The most favorable sectors of approach to the lauding area may be indicated by green lights.

As to boundary lighting—

The, boundary of the landing area shall be marked by fixed yellow -orange lights, normally laid out 110 yards apart :

Provided that-

( i ) when there are obstructions on the boundary of the land-ing area, the lights serving to mark such obstructions may take the place of boundary lights ;

(ii) when the boundary lights are in the form of strips the colour may be red;

( ) when local conditions render unavoidable the use of gas boundary lights they may be given an intermittent character ;

( iv ) when the boundary of the landing area cannot be marked, only the extremities of such landing area between which aircraft may move without danger shall be indicated by fixed yellow -orange lights.

the provisions of rule 20 of this Part shall apply, except in cases where con- 21. At every water aerodrome open to public use and used for night flying, Lighting for iio

pliance therewith is obviously impossible. aerodromes open to public use.

Division 3.—Distress, Urgency and Safety Signals.

22. The following general provisions shall apply to all distress, urgency and Transmission safety signals :— of signals.

( a) The signals in this Division shall be transmitted only with the authorization of the commander or person responsible for the aircraft.

(b ) When these signals are sent by radiotelegraphy or radiotelephony, the group or spoken expression shall be sent three times and followed by the group DE and the call sign, also sent three times, of the aircraft which sends it. In the case of " safety " messages, the frequency to be employed is that for " distress " messages.

( f )

44

23. When an aircraft is threatened by grave and imminent danger and Distress signals . requests immediate assistance, the following signals shall be used or displayed, either together or separately. before the sending of a message:—

(a) By radiotelegraphy, the signal SOS (- - ). (When this signal is sent by radiotelegraphy on 500 ke/s

(GOO no), it shall, when possible, in order to be received by auto-matic maritime apparatus, he followed by the automatic alarm signal consisting of a series of twelve dashes of four seconds each, separated by all interval of one second.)

(b) By radiotelephony, the spoken expression " MAYDAY " (corresponding to the French pronunciation of the expression " m'aider ").

(e) By visual signalling- (i) The signal SOS ( ) made with signalling

apparatus; (ii) A succession of red pyrotechnical lights fired at short

intervals; ( iii) The two-nag signal corresponding- to the letters NC of the

International Code of Signals; (iv) ) The distant signal, consisting of a square flag having - , either

above or below it, a ball or anything resembling a ball. (d) By sound signalling

re signal SOS (- ) made with any sound apparatus;

(ii) A continuous sounding with any wound apparatus.

The signals referred to in sub-paragraphs (iii) and (iv) of paragraph (e), and sub-paragraph (ii) of paragraph (di, of this rule are normally for use by sea-planes on the surface of the water, but they may also be used by aircraft in the air.

24.— (1, ) When an aircraft wishes to give notice of difficulties which compel rrr it to land Without lit requiring immediate to assistance, the following signals shall be sig" s ' used, either together or separately, before the sending of a message:—

(a) By radiotelegraphy, the group I' AN (- — ) sent with the letters well separated so that the signals A N may not be transformed into one signal P.

(b) By radiotelephony- (i) the spoken expression F A N (corresponding to the French

pronunciation of the word " panne ") ; (ii) in cases where, owing to the rapidity of the manoeuvres to

he executed, the aircraft is unable to transmit the intended message by radiotelegraphy or radiotelephony, the signal 1' A N not followed by a message retains this meaning.

(e) By visual signalling- (i) by day, a succession of white pyrotechnical lights;

(ii) by night, a succession of white pyrotechnical lights or a succession of short and intermittent flashes with the navigation lights.

(2.) When an aircraft has a very urgent message to transmit concerning its own safety or that of an aircraft, ship or other vehicle, or the safety of any person on board or within sight, the following signals, which as a general rule should be addressed to a specific authority, shall be used, either tog ether or Separately, before the sending of the message:—

(a ) By radiotelegraphy, the group N N N (— - - — — - - — — - - —) with the letters of each group and the successive groups clearly separated from each other;

( b) By visual signalling, a succession of green pyrotechnical lights, or a succession of green flashes made with signalling- apparatus.

25. When.. an aircraft is about to transmit a message concerning the safety of navigation or giving important meteorological warnings, the following signals shall be used, either together or separately, before the sending - of a message :--

(a) by radiotelegraphy, the group 'I T T (— ), with the letters of each group and the successive groups clearly separated from each other.

(b) By radiotelephony. the French word " SECURITE " (corresponding to the English pronunciation of the syllables SAY - cURE-E-TAY).

(c) By visual signalling-, the International visual signalling procedure, signalling apparatus or flags.

Safety signals.

45

Division 4.—Other Signals to or from Aircraft.

26.—(1.) At aerodromes open to public use, when there is an officer con- Visual signals

trolling the traffic, the provisions of this rule shall apply. to he used by the o Mcer

(2.) By day and by night the °film . controlling the traffic shall, except as controlling permitted by sub-rule (3.) of this rule, use the following visual signals:— tro

(a) To authorize movement on the landing area, other than authorization to take-off, the officer controlling the traffic shall direct at the aircraft all intermittent white luminous beam;

(b ) To authorize taking off, the officer. controlling the traffic shall direct at the aircraft a continuous white luminous beam;

(a) To prohibit taking-off or any movement on the landing area, the officer controlling the traffic shall direct at the aircraft an inter-mittent red luminous beam;

(d) The signals referred to in paragraphs (a), (b) and (a) of this sub-rule may be preceded by the last three letters of the registration group of the aircraft to which the signal is addressed; these three letters shall be sent in the international Morse Code, by using a luminous beam of the same colour as the signal which is to be sent.

(3.) By day, when there is an officer controlling the traffic, he may use the following signals :-

(a) To authorize movement on the landing area. other than authorization to take off, lie shall wave a small white flag in the direction to be followed, as shown in the diagram below:—

(b) To authorize taking off, be snail lower a small white flag in the direction of taking off, as shown in the diagram below:—

(c) To prohibit taking-off or movement towards the taking-off point, he shall raise a small red flag ifs shown in the diagram below:—

46

(d) To prohibit landing, he shall wave a small red flag vertically above his head, as shown in the diagram below:—

v 27.-0.) At aerodromes, open to public use and having. a ground control, oluntary an aircraft wishing to land at night, without being compelled to do so shall, landings at before landing, ask permission to land by a signal made either by radiotelegraphy ndtt"'"" at or radiotelephony or by means of a lamp or a projector. The use of the navigation lights for this purpose is not permitted.

(2.) If the permission to land is requested by visual signal, the signal shall consist of the last three letters of the registration group of the aircraft sent by International Morse Code and repeated for as long as may be necessary.

(3.) The reply from the aerodrome to a request sent by visual signal shall be given by visual signal consisting of a repetition of the same three-letter sign made with the signalling lights of the aerodrome. Green signalling lights shall be used to denote permission to land and red signalling lights to prohibit landing.

(4.) The signalling lights of the aerodrome shall be constituted either by a group of lights arranged on a horizontal plane at the apexes of an equilateral triangle, each side of which measures from three to ten feet, or by a luminous beam directed at the aircraft.

28.—(1.) At every aerodrome, the firing of a. red pyrotechnical light or the instructions to display of a red flare from the ground, whether by day or by night and aircraft not to notwithstanding any previous permission, shall be taken as an instruction to land ' aircraft in flight that they are not to land for the moment and to aircraft manoeuvring on the landing area that they are to stop moving.

(2.) At aerodromes provided with the triangular device specified in sub-rule (4.) .,of rule 27, the emission by such device of intermittent red lights shalt, whether by day or by night and notwithstanding any previous permission, instruct aircraft in flight that they are not to land for the moment.

29.—(1.) To require an aircraft to land, the following signals shall be to used:— air craft to laud.

(a ) By day, a series of projectiles discharged at intervals of ten seconds, each showing on bursting black smoke.

(b) By night, a series of projectiles discharged at intervals of ten seconds, snowing on bursting unite iigms or stars.

(2.) In addition to the signals specified in the last preceding sub-rule, if it is necessary to distinguish amongst several the aircraft which is to land, an inter-mittent white Mutinous beam shall be directed at that -aircraft which is to land:

Provided that, when the authority who desires to give the order to land is able to establish a radio_electric communication with the aircraft, this order may be given by using radioelectric means of communication.

30. The following signals, when used, shall indicate that an aircraft is in the vicinity of a prohibited area and should change its course:—

(a) By day, a series of projectiles discharged at intervals of ten seconds, - each showing on bursting orange smoke;

(b) By night, a series of projectiles discharged at intervals of ten seconds, showing on bursting orange lights or stars:

Provided that, when the authority who desires to prescribe the change of course referred to in this rule is able to establish a radioelectric communication with the aircraft, this order may be given by using radioelectric means of communication.

warning_ to aircraft ncar prohibited area.

47

PART IV.—GENERAL RULES FOR AIR TRAfFIC.

31. Subject to the provisions of rules 38 and 45 of this Schedule, mechanically- Right of way. driven aerodynes shan always give way to non-mechanically-driven aerodynes and to aerostats, and mechanically-driven aerostats to nonmiecaanically-driven aerostats and to aerodynes•.

32. An airship wince is under way and which is not under control or which Airship, net has voluntarily stopped its engines snail, lot the purposes of tile application of under control.

the rues -contained en this Part, be classed as a free balloon.

33.--(1.) Risk of collision with another aircraft may, when circumstances Ascertainment

permit, be ascertained by carefully watching the successive compass bearings ettsikmilif and angles of elevation of the latter aircraft. If neither the bearing nor the angle or elevation appreciably change and if the distance between the two aircraft diminishes, risk of collision shall be deemed to exist.

(2.) 'Lae term " risk of collision " shall include all risk of accident due to undue proximity of other aircraft.

34. Every aircraft which is required by rules 31, 32 and 33 of this _Part to Aircraft give way to another aircraft to avoid collision, shall having rail keep a safe distance, havi regard to the circumstances of the case.

35. While observing the rules regarding risk of collision contained in rules manoeuring o mechanically 33 and 34, a mechanically-driven aircraft shall always manoeuvre according to f

driven ;lani

aircraft the rules contained in rules 36 to 40 of this Part, as soon as it is apparent that, if it pursued its .course, it wou.d not pass clear of another aircraft.

36. When two mechanicany-driven aircraft are meeting end on or nearly end Mechanically-oh, each shall, without prejudice to the application of rune 31, alter its course to drive!' Aircraft

meeting end on. the right.

37. Subject to the application of thc provisions of rules 31 and 47, when -two mechanicany-driven aircraft are on courses which cross, the aircraft which has the other on its own right side shall keep out of the way of the other.

38.—(1.) An aircraft overtaking another aircraft shall keep out of the way of the overtaken aircraft by altering its own course to the right, and shall riot pass by diving.

(2.) Every aircraft coming up with another aircraft from any direction more than 110 degrees from ahead of the latter, that is to say, in such, a position with reference to the aircraft which it is overtaking that at night it would be unable to see either of that aircraft's side lights, shall be deemed to be an overtaking aircraft, and no subsequent alteration of the bearing between the two aircraft shall make the overtaking aircraft a crossing aircraft within the meaning of these rules, or relieve it of the duty of keeping clear of the overtaken aircraft until it is finally past and clear.

(3.) As by day the overtaking aircraft cannot always know with certainty whether it is forward or abaft the direction mentioned in the last preceding sub-rule, from the other aircraft, the aircraft shall, if in doubt, assume that it is an overtaking aircraft and keep out of the way.

39. Every aircraft which is required by these rules to keep out of the way Airc

i.

net

of another aircraft shall, if the circumstances of the case admit, avoid passing chr,t: ,.a

nraft

Light over or under the other aircraft or crossing ahead of it. avoid crossing.

40.—(1.) Where, by any of these rules, one of two aircraft is to keep out Action to be

of the way, the other shall keep its course and speed. takcn by having

(2.) When, however, in consequencc of thick wcather or other causes, the tar right of way.

craft

aircraft having the right of way finds itself so close that collision cannot be avoided by the action of the giving-way aircraft alone, it shall take such action as will best aid to avert collision.

41.—(1.) Every aircraft in a cloud, fog, mist or other conditions of bad Aircraft visibility shall proceed with caution, having- careful regard to the existing °mid ' feg ' circumstances.

(2.) Every aircraft when flying- beneath clouds shall always do so, as far as it is safe and practicable, at such a distance below the clouds as will enable it readily to see and be seen.

42.— (1.) In order to obviate the increased risk of collision which exists on Air traffic air traffic routes, the following rules shall be observed by aerodynes and airships routes when flying on or in the vicinity of such routes:—

(a) Every aircraft when flying by compass along the straight line (rhumb line) joining two points on an air traffic route in common use, shall keep such line at least 1,100 yards on its left;

Mechanically-driven aircraft crossing.

Aircraft overtaking anothcr,

43

(I)) Every aircraft following either an air traffic route, which has been officially recognized, or a route frequented by aircraft and indicated on the ground by a line of landmarks such as a road, railway, river, canal or coastline, or the like, shall keep such route at mast 350 yards on its left;

(c) An aircraft shall not fly keeping any of the lines or routes referred to in this rule on its right, except at a distance therefrom sufficient to avoid aircraft following such tines or routes in accordance with the provisions of this rule;

(d) When crossing one of the lines or routes referred to in this rule, an - aircraft shall cross it at right angles as rapidly as possible; and

( e ) In the case of pre-arranged flights in group formation, the aircraft of the leader of the group shall lead the flight in such a manner that every aircraft in tine group complies with tine provisions of this rule.

(2.) The Board may from time to time determine that certain air traffic routes shall be officially recognized and the Boards determination and particulars of such routes shall be published iii _Notices to Airmen.

43. To facilitate the application of the rules for air traffic contained in this Position of

nueeni Schedule, the pilot of a mechanically-driven aerodyne shall, save in exceptional pilots iii circumstances, he placed either in the plane of symmetry of the aerodyne or oil (hive.micaily-

the lcft-hand side of such pane.aerodynes.

PART V.—SpEcial RULES FOR AIR TRAFFIC ON AND IN The VICINITY OF ALL AERODROMES.

44. The rules contained in this Part shall apply on and in the vicinity of APPlication of all aerodroMes. Part V.

45. Aircraft about to land on an aerodrome shall be given free way. Free way to aircraft about to land.

46. An aircraft about to take off shall not attempt to do so until there is no Aircraft not risk of collision WILD another aircraft. to "take olf"

if risk of _ 47. In the case of two mechanically-driven aerodynes approaching an aero collision exists.

appro drone for the purpose of landing. tire aerodyne hying at the greater 'might ,hail Aerodynes

be responsible for avoiding the aerodyne at toe lower height, but tire latter aerod aching an romc for

shall, if the contingency arises, comply with tire provisions of rule 38 of this the purpose of Schedule. landing.

PART Ni1.—SpECIAL RULES FOE. ,AIR TRAFFIC ON AND IN THE VICINITY OF aerodroMES OPEN TO I- public USE.

Division 1.—Pre iaainar y.

land .and water aerodromes open to public use for mechanically-driven aerodynes (which are referred to in this Part by the single term " aerodynes ").

4n1.—(1.) The rules contained in this Part apply on and in the vicinity of Part VI. Application of

(2.) Non-mechanically-driven aerodynes on and in the vicinity of aerodromes open to public use shall comply with the rules of this Part as far as possible.

49.—(1.) The Board may, in respect of any specified aerodrome, temporarily TemPorarY suspchd, either wholly or in part, the application of the rules contained in this rs,uile.m-jun on Part.

(2.) Every such suspcnsion shall be indicated by the use of the signal specified in paragraph (4) of rule 17.

50.—(1.) At land aerodromes along- the perimeter and at the approaches to 1\"cntfi lid zone the hangars, a neutral zone shall be set apart for aircraft manoeuvring on the :eh;• dromes. ground.

(2.) The ncutral zone, if not marked, shall be deemed to extend for a distance of 60 yards from the perimeter of the aerodrome.

Division 2.--Flight Over of in the Vicinity of the Landing Area. 51.— (J.) An aerodyne shall not, except when departing or lauding, fly over Height of ,

an aerodromc at a lower height than 2,300 feet. Hight, OA cl

(2.) Every aerodyne Hying outside thc landing area at a distance of less landing

than 1 miles from the nearest point of such area shall, unless it is flying - at a greater height than 2,300 feet, keep the landing area on its left.

49

52. Aerodynes shall not engage in aerial aerobatics in the vicinity of aero-dromes, at a distance of less than 21 miles from the nearest point of the peri-meter of the aerodrome, unless they are flying at a greater height than 6,000 feet.

53. When an aerodyne is about to land by means of a radioelectric guide, other aerodynes, in order to avoid collision, must conform to any rules made by the proprietor of the aerodrome, approved by the Board and published in :Notices to Airmen. In default of any such rules other aerodynes shall fly as low as possible below the clouds.

54. Except with the authority of the Board first obtained, a fixed balloon or kite shall not be elevated within the vicinity of an aerodrome.

Division 3.—Rules to be Observed for Departures and Landings.

55. If an aerodyne starting from or about to land on an aerodrome makes a circuit or partial circuit, the turning shall be made clear of the landing area and shall be left-handed (anti-clockwise) so that during the circuit the landing area shall always be on the left of the aerodyne:

Provided that when the signal indicated in paragraph (5) of rule 17 of this Schedule is displayed, the turning shall be right-handed (clockwise).

'56.—( I.) Every aerodyne taking off from or landing at an aerodrome shall do so upwind, except when the natural conditions of the aerodrome do not permit. lf, however, there is a landing T, the aerodyne shall take off or land in the direction indicated by this T by following the direction of the shaft of the T towards the cross arm of that V•

(2.) Landings shall be preceded by a descent in a straight line, commencing at least 330 yards outside the perimeter of the landing area.

(3.) Every aerodyne landing at an aerodrome shall leave clear on its left any aerodyne which has already landed or is already landing, or which is taking off or about to take off.

(4.) Every aerodyne taking off from an aerodrome shall leave clear on its left any aerodyne which is already taking off.

(5.) In observing the requirements of tills rule, every aerodync, when landing or taking off, shall leave a reasonable space on its right for other aerodynes to land or take off.

(6.) Two or more aerodynes shall not take off from or land at an aerodrome simultaneously unless by pre-arrangemcnt.

(7.) For the purposes of this rule, two or more aerodynes taking off or lauding simultaneously by pre-arrangement shall be regarded as a single aerodyne.

57.— (I.) By way of exception, at such aerodromes as may be approved by the Board and marked as provided for in paragraph (3) of rule 17 of this Schedule, the landing area shall be regardcd as divided into two approximately equal zones by a vertical pane bearing in the direction of dcparture and landing defined in sub-rule (1.) of rule 56. For an observer facing in the direction towards which departures and landings are to he made, the zone on the right will be the one reserved for landings and the zone on the left the one reserved for departures.

(2.) Every aerodyne landing at one of these aerodromes shall do so in conformity with the provisions of sub-rules (1.) and (2.) of rule 56, as far as possible to the left in the zone reserved for that purpose, but leaving clear on its left any other aerodyne which has already landed or which is landing;

(3.) Every aerodyne taking off from one of these aerodromes shall do so hi conformity with the provisions of sub-rule (1.) of rule 56, as far as possible to the left in the zone reserved for that purpose, but leaving clear on its left any other aerodynes which are already taking off.

58. At land aerodromes having a ground control, an aerodyne, after having Permission to proceeded on to the landing area with the intention of taking off, shall not take take off to be

off until it has received permission to do so by the signal prescribed in paragraph received.

(b) of sub -rule (2.) of rule 26 or paragraph (b) of sub-rule (3.) of rule 26 of this Schedule.

Aerial aerobatics.

Landing by radioelectrIc guide.

Fixed balloons net to be elevated ncar aerodroms.

Turnings to bc left banded.

Aerodynes

taking off or landing.

Departure and landing zones at certain aerodromes.

Division 4.—Rules to be Observed for Manoeuvring on the around. 59. Every aerodyne moving on the ground in the landing area of a land

aerodrome shah normally do so in the direction of landing: Provided that, at aerodromes having a ground control, an aerodyne may,

subject to any directions of the officer controlling the traffic, in order to shorten its course, cross the landing area to reach its point of taking off or the boundary, if in the course of snch movement turns are always made to the left, that the aerodyne gives free way to every aircraft landing or taking off, and that the aerodyne conforms to the air traffic rules :36, 37, 38, 39 and 40 of this Schedule.

60. The requirements of rule 59 shall be complied with by aerodynes moving Man oeuvring on the surface of water aerodromes subject to the provisions of rule 62 of this aanoromdtenr,

Schedule.

61. At aerodromes having a ground control, in addition to complying with Permission to rules 59 and 60 of this Schedule, an aerodyne shall not proceed on to the landing l oa lbaen g

area until it has received permission to do so by the signal prescribed in pares- given.

graph (a) of sub-rule (2.) of rule '26 or paragraph (a) of sub-rule (3.) of rule 26 of this Schedule.

PART VIL—RULES RELATING TO AIRCRAFT ON THE SURFACE OF THE WATER.

62.—(1.) Every air-craft martcouvring under its own power on the water shall conform to the Regulations for Preventing Collisions at Sea.

(2.) For the purposes of those Regulations, the aircraft shall be deemed to be a steam-vessel, but the aircraft shall carry only the lights specified in the rules contained hi Part II. of this Schedule, and not those specified for steam-vessels in the Regulations for Preventing Collisions at Sea, and shall not use, except as specified in rule 14 and paragraph (d) of rule 23 of this Schedule, or be deemed to hear, the sound signals specified in the Regulations for Preventing Collisions at Sea.

(3.) In conforming with the Regulations for Preventing Collisions at Sea, due regard shall be had to the fact that steam vessels in narrow channels are not able to manoeuvre so as to avoid collisions with aircraft.

Prevention of collisions at sea.

PART VIII.—ALLSCELLANEOUS PROVISIONS.

63. No ballast other than fine sand or water shall be dropped from aircraft Ballast. In the air.

64. In conf

thc

ing with the rules -contained in Parts IV., V. and VI. of this In conforming

Schedule, due regard shall be had to all clangers of JohNstoNon and collision and ,7.,"igtahn'ites to he to any special circumstances which may render a departure from these rules had to dangers necessary in order to avoid immemanoeuvring. of navigation,

65. Nothing- in this Schedule shall exonerate any aircraft, or the owner, pilot co„„,„,„„,,„ of or crew thereof, from the consequences of any neglect in the use of lights or neglecl. of signals, or of any neglect to keep a proper lookout, or of the neglect of any rules as to precaution required by the ordinary practice of the air, or by the special circum- Vic.

stances of the case.

66. When an Australian aircraft is in the territory of a non-contracting- State, Australia,, the rules of this Schedule shall apply to that aircraft only in so far as such "'Illft tiying

rules do not conflict with the laws of the country over whose territory the over foreign aircraft is flying.

THE SECOND SCHEDULE. Regulation 120.

FEES, £ s. d.

For theoretmanoeuvrcination for navigator's licence .. .. 2 2 0 For flying tests for pilot's licence .. .. .. .. 1 1 0 For flying tests and theoretical examinations for flying- instructor's

licence .. .. .. .. .. .. .. 2 2 0

By Authority: L. F. JanNsIoN Commonwealth Government Printer, Canberra.

Manoeuvring on land aerodromes.