CIVIL AVIATION REGULATIONS (AMENDMENT) 1991 NO. 54 

CIVIL AVIATION REGULATIONS (AMENDMENT) 1991 NO. 54 
- TABLE OF PROVISIONS

1.. Amendment   
2.. Regulation 233 (Responsibility of pilot in command before flight)  
3.. Regulation 234 (Fuel requirements)   
4.. Regulation 308 (Exemption of certain aircraft from specified provisions of these Regulations)  
5.. Savings   


CIVIL AVIATION REGULATIONS (AMENDMENT)  1991 No. 54
- REG 1. Amendment 

1.1The Civil Aviation Regulations are amended as set out in
these Regulations.

CIVIL AVIATION REGULATIONS (AMENDMENT)  1991 No. 54
- REG 2. Regulation 233 (Responsibility of pilot in command
before flight)

2.1Paragraph 233 (1) (d):
Omit the paragraph, substitute:
    "(d)    the fuel supplies are sufficient for the particular flight;".

CIVIL AVIATION REGULATIONS (AMENDMENT)  1991 No. 54
- REG 3. Regulation 234 (Fuel requirements) 

3.1Omit the regulation, substitute:
Fuel requirements
    "234.(1)    The pilot in command of an aircraft must not commence a flight within
Australian territory, or to or from Australian territory, unless he or she has
taken reasonable steps to ensure that the aircraft carries sufficient fuel and
oil to enable the proposed flight to be undertaken in safety.
Penalty: $5,000.
    "(2)    An operator of an aircraft must take reasonable steps to ensure that an
aircraft does not commence a flight as part of the operator's operations unless
the aircraft is carrying sufficient fuel and oil to enable the proposed flight
to be undertaken in safety.
Penalty: $5,000.
    "(3)    For the purposes of these Regulations, in determining whether fuel and
oil carried on an aircraft in respect of a particular flight was sufficient
within the meaning of subregulations (1) and (2), a court must, in addition to
any other matters, take into account the following matters:
    (a)    the distance to be travelled by the aircraft on the flight to reach the
proposed destination;
    (b)    the meteorological conditions in which the aircraft is, or may be
required, to fly;
    (c)        the possibility of:
            (i)    a forced diversion to an alternative aerodrome; and
                (ii)    a delay pending landing clearance; and
            (iii)    air traffic control re-routing the flight after commencement of the
flight; and
            (iv)    a loss of pressurisation in the aircraft; and
            (v)    where the aircraft is a multi-engined aircraft - an engine     failure;
    (d)    any guidelines issued from time to time by the Authority for the purposes
of this regulation.".

CIVIL AVIATION REGULATIONS (AMENDMENT)  1991 No. 54
- REG 4. Regulation 308 (Exemption of certain aircraft from
specified provisions of these Regulations)

4.1Omit the regulation, substitute:
Authority may grant exemptions
    "308.(1)    The Authority may, in relation to a particular aircraft or specified
type or category of aircraft, do either or both of the following by instrument
in writing:
    (a)    exempt that aircraft or aircraft of the specified type or category, as the
case may be, from compliance with specified provisions of these Regulations;
    (b)    exempt persons from compliance with specified provisions of these
Regulations while they are in, on, or otherwise associated with the operation
of, that aircraft, or aircraft or the specified type or category, as the case
may be.
    "(2)    Before the Authority decides to exempt under subregulation (1) an
aircraft or person from compliance with specified provisions of these
Regulations, the Authority must take into account any relevant considerations
relating to the interests of safety.
    "(3)    An exemption under subregulation (1) is subject to the aircraft or
persons exempted complying with such conditions (if any) as the Authority
specifies in the instrument as being necessary in the interests of safety
(having regard to those interests and the exemption concerned).
    "(4)    An instrument under subregulation (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act 1901.".

CIVIL AVIATION REGULATIONS (AMENDMENT)  1991 No. 54
- REG 5. Savings 

5.1     An exemption in force immediately before the commencement of these
Regulations, that was made, or is taken to have been made, under the old
regulation, has effect on and after the commencement of these Regulations as if
it was made under the new regulation.
5.2     In this regulation:
"new regulation" means regulation 308 of the Civil Aviation Regulations
as in force immediately after the commencement of these Regulations;
"old regulation" means regulation 308 of the Civil Aviation Regulations
as in force immediately before the commencement of these Regulations.
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1.    Notified in the Commonwealth of Australia Gazette on 28 March
1991.
2.    Statutory Rules 1988 No. 158 as amended by Statutory Rules 1988 Nos. 209,
373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310,
331, 332 and 466.


CIVIL AVIATION REGULATIONS (AMENDMENT) 1991 NO. 54
- NOTES
Compilation Information
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the Civil Aviation Act 1988.
    Dated 21 March 1991.
                                         BILL HAYDEN
                                        Governor-General
    By His Excellency's Command,
BOB COLLINS
Minister of State for Shipping 
and Aviation Support
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