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CAR 1988: regulation 2 — definitions



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In these Regulations, unless the contrary intention appears:

AA means the body called Airservices Australia established by subsection 7 (1) of the Air Services Act 1995.

acrobatic flight means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed.

adopted in pursuance of the Convention means adopted by the International Civil Aviation Organization in pursuance of Article 37 of the Convention.

aerodrome control service means an air traffic control service for aerodrome traffic.

aerodrome meteorological minima means the minimum heights of cloud base and minimum values of visibility which are determined in pursuance of regulation 257 for the purpose of determining whether an aerodrome may be used for take-off or landing.

aerodrome reference point, in relation to an aerodrome, means the geographical location of the aerodrome:

(a)
determined in accordance with the document known as the Rules and Practices for Aerodromes that is published by CASA; or

(b)
specified by a flying school in its operations manual.

aerodrome traffic means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome.

aerodyne means an aircraft whose support in flight is derived dynamically from the reaction on surfaces in motion relative to the air.

Aeronautical Information Publications or AIP has the meaning given by regulation 4.12 of the Air Services Regulations.

aeronautical mobile radio service means a radio service between aircraft radio stations and land stations and between two or more aircraft radio stations.

aeroplane means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight, but does not include a power-assisted sailplane.

aeroplane flight review means a test of the aeronautical skills and aeronautical knowledge relevant to aeroplane flight of the person undertaking the review.

aeroplane pilot licence means:

(a)
a private pilot (aeroplane) licence; or

(b)
a commercial pilot (aeroplane) licence; or

(c)
an air transport pilot (aeroplane) licence.

aeroplane pilot rating means:
(a)
a flight instructor (aeroplane) rating; or

(b)
an aeroplane grade of night V.F.R. rating; or

(c)
a command (multi-engine aeroplane) grade of instrument rating; or

(d)
a command (single engine aeroplane) grade of instrument rating; or

(e)
a co-pilot (aeroplane) grade of instrument rating; or

(ea)
a multi-engine aeroplane grade of private I.F.R. rating; or

(eb)
a single-engine aeroplane grade of private I.F.R. rating; or

(f)
an aeroplane grade of agricultural rating; or

(g)
an aeroplane grade of night V.F.R. agricultural rating.

aeroplane proficiency check means a check:
(a)
that tests the aeronautical skills and aeronautical knowledge relevant to aeroplane flight of the person undertaking the check; and

(b)
that is required by:

(i)
subregulation 217 (2); or
(ii)
if the person flies aeroplanes for an operator who is based in a Contracting State — by the operator or the responsible authority of the State.
agricultural operations means the broadcasting of chemicals, seeds, fertilizers and other substances from aircraft for agricultural purposes, including purposes of pest and disease control.

airborne weather radar system means a radar system installed in an aircraft for the purpose of detecting potentially hazardous weather conditions in the flight path of the aircraft.

aircraft component means:

(a)
any part or equipment for an aircraft that, when fitted to, or provided in an aircraft may, if it is not sound or functioning correctly, affect the safety of the aircraft, its occupants or its cargo or cause the aircraft to become a danger to person or property; or

(b)
flotation equipment, evacuation equipment, ration packs, portable breathing apparatus, fire-fighting equipment, or any other equipment or apparatus, fitted to, or provided in, an aircraft for use in an emergency;

but does not include any part, equipment or apparatus for an aircraft in respect of which a direction is in force under subregulation (2).

aircraft log book means a log book kept for the purposes of subregulation 50A (1).

aircraft maintenance engineer licence means an aircraft maintenance engineer licence in force under regulation 31.

aircraft maintenance record means:

(a)
an aircraft log book; or

(b)
an approved alternative maintenance record.

aircraft material means a material (including a fluid) for use in the manufacture, maintenance, servicing or operation of an aircraft or of an aircraft component, but does not include an aircraft component.

aircraft welding authority means an authority granted under regulation 33D.

air law examination means an examination of a person's knowledge of:

(a)
the requirements of the Act, these regulations and the Civil Aviation Orders; and

(b)
the information and instructions published in AIP or NOTAMS;

set and conducted by CASA under subregulation 5.41 (3).

airline means the operator of a regular public transport service.

airship means a power-driven lighter-than-air aircraft.

airship ground party means a person appointed by the operator of an airship to assist in the arrival and departure of an airship.

airship instructor means a person appointed by CASA under regulation 5.34.

airship proficiency check means a check:

(a)
that tests the aeronautical skills and aeronautical knowledge relevant to airship flight of the person undertaking the check; and

(b)
that is required by:

(i)
subregulation 217 (2); or
(ii)
if the person flies airships for an operator who is based in a Contracting State — by the operator or the responsible authority of the State.
air traffic means aircraft:
(a)
in flight; or

(b)
operating on the manoeuvring area of an aerodrome.

air traffic control means:
(a)
AA in its capacity as a provider of air traffic control services; or

(b)
the Defence Force in its capacity as a provider of air traffic control services; or

(c)
a person who provides an air traffic control service in cooperation with AA in accordance with paragraph 11 (3) (b) of the Air Services Act 1995 or by arrangement with AA in accordance with paragraph 11 (3) (c) of that Act.

air traffic control clearance means an authorisation given by a person performing duty in air traffic control for an aircraft to proceed under conditions specified in the authorisation.

air traffic control instructions means directions given by a person performing duty in air traffic control for an aircraft to conduct its flight in the manner specified in the directions.

air traffic controller licence means a licence granted under regulation 102.

air traffic control service means a service provided for the purpose of:

(a)
preventing collisions:

(i)
between aircraft; and
(ii)
on the manoeuvring area between aircraft and obstructions; and
(b)
expediting and maintaining an orderly flow of air traffic.

Note   The definition is essentially that in Annex 11, Air Traffic Services, to the Chicago Convention.

air transport (aeroplane) pilot means the holder of an air transport pilot (aeroplane) licence.

air transport (helicopter) pilot means the holder of an air transport pilot (helicopter) licence.

air transport pilot licence means:

(a)
an air transport pilot (aeroplane) licence; or

(b)
an air transport pilot (helicopter) licence.

airworthiness authority means an authority under regulation 33B.

airworthiness directive means:

(a)
an airworthiness directive that has been issued by CASA under regulation 39.001 of CASR and has effect; or

(b)
an airworthiness directive that was issued by CASA under regulation 37A (as previously in force) and continues to have effect because of regulation 202.170 of CASR.

alternate aerodrome means an aerodrome specified in the flight plan to which a flight may proceed when it becomes inadvisable to land at the aerodrome of intended landing.

altitude means the vertical distance of a level or a point, or an object considered as a point, measured from mean sea level.

approach control service means an air traffic control service for arriving or departing flights of aircraft.

approved means approved by CASA.

approved alternative maintenance record means a record kept for the purposes of subregulation 50B (3) or (4).

approved check radio operator means:

(a)
a person who holds:

(i)
a commercial pilot licence or an air transport pilot licence; and
(ii)
a flight instructor rating; or
(b)
a person:

(i)
employed by, or working under an arrangement with, a training and checking organisation established for the purposes of regulation 217; and
(ii)
approved by the manager of the organisation to conduct a flight radiotelephone theory examination, a flight practical test, an aircraft radiotelephone certificate examination and an aircraft radiotelephone certificate practical test.
approved maintenance data, in relation to an aircraft, aircraft component or aircraft material, has the meaning given by regulation 2A.

approved system of certification of completion of maintenance means a system of certification of completion of maintenance for which an approval under regulation 42ZG is in force.

approved system of maintenance, in relation to an Australian aircraft, means a system of maintenance for the aircraft in relation to which an approval under regulation 42M is in force.

approved testing officer, for the purposes of a provision in which that expression occurs, means:

(a)
if the provision mentions a particular kind of flight test — a person to whom the Director has delegated the Authority's power under regulation 5.19 or subregulation 5.41 (4) to conduct a flight test of that kind; or

(b)
in any other case — a person to whom the Director has delegated the Authority's power under regulation 5.19 or subregulation 5.41 (4) to conduct a flight test.

apron means that part of an aerodrome to be used:
(a) for the purpose of enabling passengers to board, or disembark from, aircraft;

(b) for loading cargo on to, or unloading cargo from, aircraft; or

(c) for refuelling, parking or carrying out maintenance on aircraft.

area control service means an air traffic control service for flights of aircraft in control areas.

authorised means authorised by CASA or by a person, or a person included in a class of persons, appointed by CASA to give the authority concerned.

authorised flight instructor means a person who:

(a) in relation to an aircraft that is not an airship — holds a current flight instructor rating that:

(i)
is appropriate to the aircraft; and
(ii)
authorises the holder to give the training concerned; and
(b)
in relation to an airship — is an airship instructor; and

(c)
either:

(i)
is the holder of an Air Operator's Certificate that authorises flying training; or
(ii)
is employed to instruct by, or instructs under an arrangement with, a person who is the holder of an Air Operator's Certificate that authorises flying training.
authorised person, for the purposes of a provision in which that expression occurs, means:
(a)
a person appointed under regulation 6 to be an authorised person for the purposes of that first-mentioned provision; or

(b)
a person included in a class of persons appointed under regulation 6 to be authorised persons for the purposes of that first-mentioned provision.

aviation authority means:
(a)
in relation to Australia — CASA; and

(b)
in relation to any other country — the authority that has responsibility for regulating the airworthiness standards of civil aircraft in the country.

balloon means a non-power-driven lighter-than-air aircraft.

balloon flight instructor means a person who holds a flight instructor (balloon) rating.

balloon flight review means a test of the aeronautical skills and aeronautical knowledge of the person undertaking the review that are relevant to the safe flight of balloons in aerial work, or charter, operations.

balloon proficiency check means a check:

(a)
that tests the aeronautical skills and aeronautical knowledge relevant to balloon flight of the person undertaking the check; and

(b)
that is required by subregulation 217 (2).

car, in relation to a lighter-than-air aircraft, means basket whenever, in the case of any particular type of such aircraft, a basket is a constructional feature of that type.

cargo means things other than passengers carried in aircraft.

CASA flying operations inspector means a person employed by CASA as:

(a)
a flying operations inspector (however called); or

(b)
a senior flying operations inspector (however called).

CASA maintenance schedule means the schedule of maintenance set out in Schedule 5.

CASA system of certification of completion of maintenance means the system of certification of completion of maintenance set out in Schedule 6.

CASR means the Civil Aviation Safety Regulations 1998.

ceiling means the height above the ground or water of the base of the lowest layer of cloud below twenty thousand feet covering more than one-half of the sky.

centre of gravity, in relation to an aircraft at any time, means the centre of gravity of the aircraft at that time estimated in accordance with the method set out in a direction in force under subregulation 235 (1).

certificate of airworthiness means a certificate of airworthiness issued under regulation 21.176 of CASR.

certificate of approval means a certificate of approval in force under regulation 30.

certificate of type approval means a certificate of type approval continued in force under regulation 313 or a type certificate issued under regulation 21.013A or 21.029 of CASR.

certificate of validation means a certificate issued under regulation 5.27.

channel means the part of a water aerodrome that is navigable and cleared for the safety of aircraft taking-off or landing in a given direction.

check flight engineer means a person to whom the Director has delegated the Authority's power under subregulation 5.41 (4) to conduct a flight engineer flight test.

chief flying instructor means a person:

(a)
who holds a current flight instructor rating; and

(b)
who is appointed by a flying school to supervise the flying training given by the school; and

(c)
whose appointment is approved by CASA under regulation 5.58.

Civil Aviation Orders means orders issued by CASA under regulation 5.

class A aircraft means an Australian aircraft, other than a balloon, that satisfies either or both of the following paragraphs:

(a) the aircraft is certificated as a transport category aircraft;

(b) the aircraft is being used, or is to be used, by the holder of an Air Operator's Certificate which authorises the use of that aircraft for the commercial purpose referred to in paragraph 206 (1) (c).

Note   Subregulation 2 (2C) sets out how an aircraft is certificated as a transport category aircraft.

class B aircraft means an Australian aircraft that is not a class A aircraft.

class of airspace means a class of airspace determined under paragraph 2.04 (1) (b) of the Air Services Regulations.

commercial (aeroplane) pilot means the holder of a commercial pilot (aeroplane) licence.

commercial (airship) pilot means the holder of a commercial pilot (airship) licence.

commercial (balloon) pilot means the holder of a commercial pilot (balloon) licence.

commercial (gyroplane) pilot means the holder of a commercial pilot (gyroplane) licence.

commercial (helicopter) pilot means the holder of a commercial pilot (helicopter) licence.

commercial operations means civil air operations other than private operations.

commercial pilot licence means:

(a)
a commercial pilot (aeroplane) licence; or

(b)
a commercial pilot (helicopter) licence; or

(c)
a commercial pilot (gyroplane) licence; or

(d)
a commercial pilot (balloon) licence; or

(e)
a commercial pilot (airship) licence.

Commonwealth aircraft means an aircraft, other than a military aircraft, that is in the possession or under the control of the Commonwealth or an authority of the Commonwealth or is being used wholly or principally for a purpose of the Commonwealth.

constable has the same meaning as in the Crimes Act 1914.

control area means airspace to which a determination under paragraph 2.04 (1) (d) of the Air Services Regulations applies.

controlled aerodrome means an aerodrome to which a determination under paragraph 2.04 (1) (a) of the Air Services Regulations applies.

controlled airspace means a control area or a control zone.

control zone means airspace to which a determination under paragraph 2.04 (1) (e) of the Air Services Regulations applies.

co-pilot means a pilot serving in any piloting capacity other than the pilot in command.

crew member means a person assigned by an operator for duty on an aircraft during flight time, and any reference to crew has a corresponding meaning.

cross-country flight time means flight time during which the pilot of an aircraft applies a particular method to determine the aircraft's position and course by geometry, topography or radio navigation aids while the aircraft is flying along a route segment.

cross-country training means flight for the purpose of practising the navigation sequences set out in a syllabus.

cruising level, in relation to an aircraft in flight, means the height above ground or water, or above an atmospheric datum, at which the aircraft flies when it is not climbing or descending.

current certificate holder means a person who holds a private pilot certificate (balloons) that is in force.

current flight plan means the flight plan, with any changes brought about by subsequent air traffic control clearances and air traffic control instructions.

daily inspection, in relation to an aircraft, means:

(a) if the aircraft is maintained in accordance with the CASA maintenance schedule — the inspection referred to in Part 1 of the schedule; and

(b) if the aircraft is not maintained in accordance with the CASA maintenance schedule — the inspection required to be carried out under:

(i)
the manufacturer's maintenance schedule; or
(ii)
the aircraft's approved system of maintenance;
before the start of flying operations on each day that the aircraft is to be flown.

danger area means an area declared under regulation 2.07 of the Air Services Regulations to be a danger area.

dangerous lights means any lights which may endanger the safety of aircraft, whether by reason of glare, or by causing confusion with or preventing clear visual reception of aeronautical lights or signals.

design standard means:

(a)
a design standard in force under regulation 21 or 21A; or

(b)
a design standard (however described) identified in:

(i)
a type certificate; or
(ii)
a type acceptance certificate; or
(iii)
a supplemental type certificate: or
(iv)
an Australian Parts Manufacturer Approval issued under subregulation 21.303 (9) of CASR; or
(v)
an Australian Technical Standard Order mentioned in paragraph 21.601 (2) (a) of CASR.
dual flying means flying in an aircraft fitted with fully functioning dual controls for the purpose of receiving flying training from a person who is authorised by these regulations to give the training.

elevation means the vertical distance of a point or a level on or affixed to the surface of the earth, measured from mean sea level.

engage in conduct means:

(a)
do an act; or

(b)
omit to perform an act.

examination means an examination by way of a test of theoretical knowledge or a practical test of knowledge and skill.

expected approach time means the time at which it is expected that an arriving aircraft will be cleared to commence approach for a landing.

experimental aircraft means an aircraft for which a special certificate of airworthiness is in force under regulation 21.195A of CASR.

FAA means the Federal Aviation Administration of the United States of America.

facilities, in relation to an air route or airway, has the same meaning as in subregulation 1.03 (1) of the Air Services Regulations.

Federal airport has the same meaning as in the Federal Airports Corporation Act 1986.

flight control system, in relation to an aircraft, includes:

(a) the aircraft's main control surfaces and associated operating mechanisms and control systems; and

(b) the aircraft's lift and drag devices and associated operating mechanisms and control systems; and

(c) the aircraft's trim and artificial feel systems and associated operating mechanisms and control systems; and

(d) the aircraft's flight control lock system and associated operating mechanisms and control systems; and

(e) the aircraft's yaw system and associated operating mechanisms and control systems; and

(f) if the aircraft is a rotorcraft — the aircraft's pitch control systems; and

(g) if the aircraft is an airship — the aircraft's ballonet system and associated operating mechanisms and control systems.

flight crew licence means a licence of a kind referred to in regulation 5.08 and issued under regulation 5.09.

flight crew member means a licensed crew member charged with duties essential to the operation of an aircraft during flight time, and any reference to flight crew has a corresponding meaning.

flight crew rating means a rating of a kind mentioned in regulation 5.13.

flight engineer means the holder of a flight engineer licence.

flight engineer proficiency check means a check that would be required under regulation 217 if the flight engineer was a member of an operating crew of an operator to which that regulation applies.

flight engineer time means flight time during which a person performs the duties of a flight engineer in an aircraft, whether or not the person performs the duties under supervision.

flight information area means airspace to which a determination under subparagraph 2.04 (1) (c) (i) of the Air Services Regulations applies.

flight information service means a service provided by air traffic control or Flight Service for the purpose of giving advice and information for the safe and efficient conduct of flights.

flight level 290, in relation to a flight of an aircraft, means the height at which the aircraft's altimeter, if it were adjusted to a reading on the subscale of 1013.2 hectopascals, would show a height of 29 000 feet.

flight manual has the meaning given by regulation 54.

flight navigator time means flight time during which a person carries out the duties of a flight navigator.

flight plan means specified information, provided to air traffic control, relative to the intended flight of an aircraft.

flight radiotelephone practical test means a test set by CASA under subregulation 5.41 (5).

Flight Service means flight advisory services provided by AA.

flight service officer licence means a licence granted under regulation 112.

Note   For definitions of flight simulator and flight training device, see the CASR Dictionary.

flight test means a practical test of a person's aeronautical knowledge and practical flying skill set by CASA.

flight time means:

(a)
in the case of a heavier-than-air aircraft — the total time from the moment at which the aircraft first moves under its own power for the purpose of taking-off until the moment at which it comes to rest after landing; and

(b)
in the case of a lighter-than-air aircraft — the total time from the moment at which the aircraft first becomes airborne until it comes to rest on the ground, excluding any time during which the aircraft is moored.

flight visibility means the average range of visibility forward from the cockpit of an aircraft in flight.

flying school means a school for which there is an Air Operator's Certificate that authorises the school to conduct flying training.

flying training means any training given during flight time in an aircraft for the purpose of increasing a person's skill in flying the aircraft.

flying training aircraft means an aircraft that is used by a flying school to give flying training.

flying training area, in relation to an aerodrome, means an area that is specified in a flying school's operations manual as the flying training area for the aerodrome.

foreign aircraft means an aircraft registered:

(a) in a Contracting State or in a foreign country other than a Contracting State; or

(b) under a joint registration plan or an international registration plan.

free flight time, in relation to a balloon, means any part of the flight time in the balloon during which it is not tethered.

general flight time means flight time that is not:

(a) cross-country flight time; or

(b) flight time in flying for the purpose of training in an activity for which a flight crew rating is required.

Note   The activities for which a flight crew rating is required are set out in subregulation 5.01 (2).glider means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight.

grant, in relation to a licence or certificate, means grant of the licence or certificate, either by way of initial issue or by renewal from time to time.

gross weight, in relation to an aircraft at any time, means the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time, estimated in accordance with the method set out in a direction in force under subregulation 235 (1).

ground radar, in relation to a secondary surveillance radar transponder, means an installation on the ground which:

(a)
emits radio signals; and

(b)
may, in response to its signal, receive data signals from a secondary surveillance radar transponder; and

(c)
may direct the data signals to an air traffic control radar display.

group A ultralight means an aircraft that is classified by Recreational Aviation Australia Inc. as a group A ultralight.

gyroplane means a heavier-than-air aircraft:

(a) that is supported in flight by the reaction of the air on rotors that are not power-driven but rotate when the aircraft is moving because of the action of the air; and

(b) that has a power-driven propulsion system that is independent of the rotors.

gyroplane flight review means a test of the aeronautical skills and aeronautical knowledge relevant to gyroplane flight of the person undertaking the review.

gyroplane pilot licence means:

(a)
a private pilot (gyroplane) licence; or

(b)
a commercial pilot (gyroplane) licence.

gyroplane pilot rating means:
(a)
a flight instructor (gyroplane) rating; or

(b)
a gyroplane grade of night V.F.R. rating.

gyroplane proficiency check means a check:
(a)
that tests the aeronautical skills and aeronautical knowledge relevant to gyroplane flight of the person undertaking the check; and

(b)
that is required by:

(i)
subregulation 217 (2); or
(ii)
if the person flies gyroplanes for an operator who is based in a Contracting State — by the operator or the responsible authority of the State.
hazardous weather conditions means:
(a)
a thunderstorm; or

(b)
wind shear; or

(c)
any other similar meteorological activity;

that may endanger the safety of aircraft or aircraft operations.

heading means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic or compass).

heavier-than-air aircraft is the generic term for aircraft deriving their lift in flight chiefly from aerodynamic forces.

helicopter means a heavier-than-air aircraft supported in flight by the reaction of the air on one or more normally power-driven rotors on substantially vertical axes.

helicopter flight review means a test of the aeronautical skills and aeronautical knowledge relevant to helicopter flight of the person undertaking the review.

helicopter pilot licence means:

(a)
a private pilot (helicopter) licence; or

(b)
a commercial pilot (helicopter) licence; or

(c)
an air transport pilot (helicopter) licence.

helicopter pilot rating means:
(a)
a flight instructor (helicopter) rating; or

(b)
a helicopter grade of night V.F.R. rating; or

(c)
a command (multi-engine helicopter) grade of instrument rating; or

(d)
a command (single engine helicopter) grade of instrument rating; or

(e)
a co-pilot (helicopter) grade of instrument rating; or

(ea)
a multi-engine helicopter grade of private I.F.R. rating; or

(eb)
a single-engine helicopter grade of private I.F.R. rating; or

(f)
a helicopter grade of agricultural rating; or

(g)
a helicopter grade of night V.F.R. agricultural rating.

helicopter proficiency check means a check:
(a) that tests the aeronautical skills and aeronautical knowledge relevant to helicopter flight of the person undertaking the check; and

(b) that is required by:

(i)
subregulation 217 (2); or
(ii)
if the person flies helicopters for an operator who is based in a Contracting State — by the operator or the responsible authority of the State.
holder, in relation to a licence or a certificate granted or issued under these regulations, means a person to whom the licence or the certificate has been granted or issued.

horizontal plane in relation to an aeroplane, means the plane containing the longitudinal axis and perpendicular to the plane of symmetry of the aeroplane.

hot air airship means an airship given buoyancy by hot air.

ICAO Doc. 9574-AN/934 means Doc. 9574-AN/934 (Manual on Implementation of a 300 m (1 000 ft) Vertical Separation Minimum Between FL 290 and FL 410 Inclusive) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

I.F.R. is the symbol used to designate the Instrument Flight Rules prescribed in Part 12.

I.F.R. flight means a flight conducted in accordance with the Instrument Flight Rules prescribed in Part 12.

I.F.R. operation means an operation conducted in accordance with the Instrument Flight Rules prescribed in Part 12.

I.M.C. is the symbol used to designate meteorological conditions other than those designated by the symbol V.M.C.

instrument flight time means flight time during which a person is flying an aircraft solely by reference to instruments and without external reference points.

instrument ground time means time during which a person practices simulated instrument flight in a synthetic flight trainer that has been approved by CASA under regulation 5.60.

instrument rating means a rating mentioned in paragraph 5.13 (g).

international air service means an air service which passes through the airspace over the territory of more than one country.

international operating agency means an international operating agency referred to in Article 77 of the Convention.

international registration plan means a plan for the registration by an international organisation of aircraft operated, or to be operated, by an international operating agency, being a plan approved by the Council by a determination made in pursuance of Article 77 of the Convention.

International Telecommunications Convention means:

(a) the International Telecommunications Convention signed at Buenos Aires on 22 December 1952; and

(b) the Radio Regulations annexed to that Convention.

jet-propelled aircraft includes an aircraft that is propelled by one or more engines of the following kinds, namely, turbofan engines, turbojet engines, unducted fan engines or rocket engines, but does not include an aircraft that is propelled solely by conventional propeller engines.

joint registration plan means a plan for joint registration by Contracting States constituting an international operating agency of aircraft operated, or to be operated, by the agency, being a plan approved by the Council by a determination made in pursuance of Article 77 of the Convention.

landing area means the part of the manoeuvring area primarily intended for landing or take-off of aircraft.

landing strip means a rectangular portion of the landing area, specially prepared for the take-off and landing of aircraft in a particular direction.

land station means a radio station, not capable of being moved, which performs a mobile service.

licensed means licensed under these regulations.

lighter-than-air aircraft is the generic term for aircraft supported chiefly by their buoyancy in the air.

long-range radio navigation system means a navigation system which:

(a)
is carried on, or installed in, an aircraft; and

(b)
is used to determine the position of the aircraft by simultaneously interpreting radio signals transmitted by a network of ground-based or satellite-based radio transmitters.

maintenance means:
(a)
in relation to an aircraft:

(i)
the doing of any work (including a modification or repair) on the aircraft that may affect the safety of the aircraft or cause the aircraft to become a danger to person or property; or
(ii)
the making of a test or an inspection for the purpose of ascertaining whether the aircraft is in a fit state for flying; or
(b)
in relation to an aircraft component or aircraft material:

(i)
the doing of any work (including a modification or repair) on the aircraft component or aircraft material that may affect its soundness or correct functioning; or
(ii)
the making of a test or an inspection for the purpose of ascertaining whether the aircraft component or aircraft material is sound or functioning correctly.
maintenance controller means a person:
(a)
appointed under regulation 42ZV; and

(b)
whose appointment:

(i)
is approved under regulation 42ZW; and
(ii)
is not suspended or cancelled under regulation 42ZX.
maintenance control manual means a maintenance control manual mentioned in regulation 42ZY.

maintenance instruction means an instruction that is issued by:

(a)
CASA or an authorised person in writing under regulation 38; or

(b)
the manufacturer of an aircraft, aircraft component or aircraft material; or

(c)
the designer of a modification or repair of an aircraft or aircraft component;

but does not include an instruction issued by a manufacturer or designer if it is clear from the terms of the instruction that the manufacturer or designer regards compliance with the instruction as optional.

maintenance release means a maintenance release in force under regulation 43.

maintenance schedule, in relation to a class B aircraft, means the maintenance schedule referred to in regulation 42A, 42B or 42C that applies to the aircraft.

major damage, in relation to an aircraft, means damage of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to person or property.

major defect, in relation to an aircraft, means a defect of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to person or property.

manned balloon means a balloon that is:

(a)
capable of carrying one or more persons; and

(b)
equipped with controls that enable control of the altitude of the balloon.

manual welding means welding carried out and controlled completely by hand.

manufacturer's maintenance schedule, in relation to an aircraft, means a schedule issued by the manufacturer of the aircraft that sets out what maintenance should be carried out on the aircraft and when it should be carried out.

maximum landing weight, in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum landing weight.

maximum take-off weight, in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum take-off weight.

meteorological information means all classes of meteorological reports, analyses, forecasts, warnings, advices and revisions or amendments thereto which may be required in connection with the operation of air routes.

meteorological minima means the minimum values of meteorological elements as determined by CASA in respect of specified types of flight operation.

meteorological observation means the qualitative or quantitative evaluation by instrumental or visual means of one or more meteorological elements at a place at a given time.

meteorological observer means a person authorised by the Director of Meteorology to make or record meteorological observations or a person approved by CASA for that purpose.

meteorological report means a statement, presented in plain language or in code, either orally, in written form or by telecommunication, of past or present meteorological conditions at ground level or in the free air as observed from a given place.

mile means an International Nautical Mile, being 1,852 metres.

military aerodrome means an aerodrome under the control of any part of the Defence Force.

military aircraft means aircraft of any part of the Defence Force (including any aircraft that is being constructed for any part of the Defence Force), other than any aircraft that is registered under these regulations as an Australian aircraft.

moored, in relation to lighter-than-air aircraft, means the aircraft:

(a)
is tethered; and

(b)
is not occupied by any person.

movement area means that part of an aerodrome to be used for the surface movement of aircraft, including manoeuvring areas and aprons.

movement area, in relation to an aerodrome, has the same meaning as in subregulation 1.03 (1) of the Air Services Regulations.

navigation system, in relation to an aircraft, means a system by which the aircraft can be navigated.

night flight means flight during night.

Notices to Airmen or NOTAMS has the meaning given by regulation 4.12 of the Air Services Regulations.

operating crew means any person who:

(a)
is on board an aircraft with the consent of the operator of the aircraft; and

(b)
has duties in relation to the flying or safety of the aircraft.

Note   This definition includes persons:

(a) who are conducting flight tests; or

(b) who are conducting surveillance to ensure that the flight is conducted in accordance with these regulations; or

(c) who are in the aircraft for the purpose of:

(i) receiving flying training; or

(ii) practising for the issue of a flight crew licence.operational information service means a service for the provision of advice and information to assist in the safe and efficient conduct of flights, including the provision of advice and information at the request of a pilot in command of an aircraft.

operator means a person, organisation, or enterprise engaged in, or offering to engage in, an aircraft operation.

overseas authorisation means an authorisation (whether called an authority, licence, certificate, rating or endorsement, or some other name) that:

(a)
authorises the holder to perform duties essential to the operation of aircraft during flight time; and

(b)
is issued by the responsible authority of a Contracting State.

overseas engineer licence means a licence (whether it is called a licence, certificate or authority, or is known by some other name):
(a) that authorises the holder of the licence to act as an engineer member of the operating crew of an aircraft; and

(b) that was issued by the responsible authority of a Contracting State.

overseas medical certificate, in relation to an overseas authorisation, means a certificate that:
(a)
is issued by the responsible authority of the Contracting State that issued the authorisation; and

(b)
indicates that its holder meets the medical standard set by the responsible authority; and

(c)
authorises its holder to exercise the authority given by the authorisation in the Contracting State.

overseas pilot licence means a licence (whether it is called a licence, certificate or authority, or is known by some other name):
(a) that authorises the holder of the licence to act as a pilot member of the operating crew of an aircraft; and

(b) that was issued by the responsible authority of a Contracting State.

overseas radio licence means a licence (whether it is called a licence, certificate or authority, or is known by some other name) issued in accordance with Annex 1 to the Chicago Convention by a country that is a signatory to the International Telecommunications Convention.

passenger means any person who is on board an aircraft other than a member of the operating crew.

permissible unserviceability, in relation to an aircraft, means a defect in, or damage to, the aircraft of a kind approved by CASA under regulation 37 as a permissible unserviceability in relation to the aircraft.

personal log book means the log book required by regulation 5.51.

pilot licence means:

(a)
private pilot (aeroplane) licence;

(b)
private pilot (helicopter) licence;

(c)
private pilot (gyroplane) licence;

(d)
commercial pilot (aeroplane) licence;

(e)
commercial pilot (helicopter) licence;

(f)
commercial pilot (gyroplane) licence;

(g)
commercial pilot (balloon) licence;

(h)
commercial pilot (airship) licence;

(i)
air transport pilot (aeroplane) licence;

(j)
air transport pilot (helicopter) licence.

position report means a message, in a specified form, containing information on the position and progress of an aircraft.

positive position fix, in relation to an aircraft in flight, is the point on the surface of the earth vertically below the aircraft as established by:

(a)
in the case of a V.F.R. flight:

(i)
visual observation; or
(ii)
use of a radio navigation system or systems; or
(iii)
use of an approved self-contained navigation system; or
(iv)
use of an approved long-range radio navigation system; and
(b)
in the case of an I.F.R. flight:

(i)
use of a radio navigation system or systems; or
(ii)
use of an approved self-contained navigation system; or
(iii)
use of an approved long-range radio navigation system.
power-assisted sailplane means an aircraft that the Gliding Federation of Australia has registered as a power-assisted sailplane.

private (aeroplane) pilot means the holder of a private pilot (aeroplane) licence.

private (gyroplane) pilot means the holder of a private pilot (gyroplane) licence.

private (helicopter) pilot means the holder of a private pilot (helicopter) licence.

private I.F.R. rating means a rating mentioned in paragraph 5.13 (ga).

private pilot certificate (balloons) means a certificate that is issued by the Australian Ballooning Federation Ltd.

private pilot licence means:

(a)
a private pilot (aeroplane) licence; or

(b)
a private pilot (helicopter) licence; or

(c)
a private pilot (gyroplane) licence.

prohibited area means an area declared under regulation 2.07 of the Air Services Regulations to be a prohibited area.

provisionally certificated aircraft means an aircraft for which a provisional certificate of airworthiness is in force.

publications means Aeronautical Information Publications or Visual Flight Guides published by the Aeronautical Information Service, and includes any amendments of those publications published by that Service from time to time.

public transport service means a service for the carriage of persons or cargo for hire or reward.

radiocommunication system means equipment that is capable of maintaining two-way voice communication through the aeronautical mobile radio service.

radio navigation aid means an installation on the ground that emits radio signals on specified frequencies.

radio navigation system means equipment carried on, or installed in, an aircraft for the purpose of navigating the aircraft by reference to the signals emitted by a radio navigation aid.

radiotelephonic language means:

(a)
the words and phrases that CASA has directed under regulation 82A must be used in communicating by radiotelephone; and

(b)
the voice techniques commonly applied to radiotelephonic communication;

with, or in relation to, an aircraft.

recognised aeroplane means an aeroplane:
(a)
that is on the register of aircraft kept by a Contracting State; or

(b)
that is operated by the Defence Force of Australia or of a Contracting State.

recognised flight time means flight time that is:
(a) in the case of flight time in a registered aeroplane, or a recognised aeroplane — flown by the holder of:

(i)
an aeroplane pilot licence; or
(ii)
a student pilot licence; or
(iii)
an overseas pilot licence that authorises the holder to fly aeroplanes; or
(iv)
a pilot qualification issued by the Defence Force of Australia, or of a Contracting State, that authorises the holder to fly aeroplanes;
as pilot in command or in dual flying; or

(b)
in the case of flight time in a helicopter — flown by the holder of:

(i)
a helicopter pilot licence; or
(ii)
a student pilot licence; or
(iii)
an overseas pilot licence that authorises the holder to fly helicopters; or
(iv)
a pilot qualification issued by the Defence Force of Australia, or of a Contracting State, that authorises the holder to fly helicopters;
as pilot in command or in dual flying; or

(c)
in the case of flight time in a gyroplane — flown by the holder of:

(i)
a gyroplane pilot licence; or
(ii)
a student pilot licence; and
(iii)
an overseas pilot licence that authorises the holder to fly gyroplanes; or
(iv)
a pilot qualification issued by the Defence Force of Australia, or of a Contracting State, that authorises the holder to fly gyroplanes;
as pilot in command or in dual flying; or

(d)
in the case of flight time in a glider, or power-assisted sailplane:

(i)
flown by the holder of an FAI Silver C Certificate, or a higher certificate, issued by the Gliding Federation of Australia; and
(ii)
recorded in the holder's log book and certified by a member of the Gliding Federation of Australia who is authorised by the Federation to certify flight time; or
(e)
in the case of flight time in a group A ultralight:

(i)
flown by the holder of a pilot certificate, either before or after the certificate was issued to the holder, being a pilot certificate, other than a student certificate, issued by Recreational Aviation Australia Inc.; and
(ii)
recorded in the holder's logbook and certified by a member of Recreational Aviation Australia Inc. who is authorised by that body to certify flight time.
Regional Air Navigation Agreement means a Regional Air Navigation Agreement approved by decision of the Council of the International Civil Aviation Organisation.

regular aerodrome means an aerodrome which is listed in the flight plan as an aerodrome of intended landing.

relevant airworthiness standards means:

(a)
for an aircraft that conforms to a type certificate issued, or taken to have been issued, under regulation 21.013A or 21.029 of CASR — the airworthiness standards included in the type certification basis for the aircraft; or

(b)
for an aircraft for which a type acceptance certificate has been issued, or is taken to have been issued, under regulation 21.029A of CASR — the airworthiness standards that the aircraft had to meet for the issue of the foreign type certificate that was the basis for issuing the type acceptance certificate.

Note   For type certification basis and foreign type certificate see the Dictionary at the end of CASR.

relevant NAA, for an aircraft manufactured in a foreign country, means the NAA of the country whose airworthiness standards make up the relevant airworthiness standards for the aircraft.

Note   For NAA see the Dictionary at the end of CASR.

reporting point means a specified geographical location in relation to which the position of an aircraft can be reported.

reserve time means a period during which a flight crew member is required by an operator to hold himself available for a tour of duty.

responsible authority, in relation to a Contracting State, means the authority that has responsibility for the licensing of persons to perform duties essential to the operation of civil aircraft in the State.

responsible organisation means:

(a)
the responsible authority of a Contracting State; or

(b)
the Defence Force of Australia, or of a Contracting State; or

(c)
a sport aviation body.

rest period means a period of time during which a flight crew member is relieved by an operator of all duties associated with his employment.

restricted area means an area declared under regulation 2.07 of the Air Services Regulations to be a restricted area.

restricted flight engineer means the holder of a restricted flight engineer licence.

restricted flight engineer proficiency check means a check:

(a) designed to test the competency of a restricted flight engineer; and

(b) approved for the purposes of regulation 217.

rotorcraft means a heavier-than-air aircraft supported in flight by the reaction of the air on one or more rotors on substantially vertical axes.

route sector means a route, or portion of a route, flown without an intermediate landing.

route segment means a route, or portion of a route, usually flown without an intermediate stop.

RVSM airspace means any of the following:

(a)
the airspace, at or above flight level 290, identified in AIP to be airspace where a vertical separation minimum of 1 000 feet applies;

(b)
the airspace, at or above flight level 290, designated, or otherwise recognised, by the competent authority of a foreign country to be airspace where a vertical separation minimum of 1 000 feet applies;

(c)
airspace, at or above flight level 290, where a vertical separation of 1 000 feet applies under the terms of a Regional Air Navigation Agreement.

RVSM airworthiness approval has the meaning given by regulation 181C.

RVSM airworthiness approved aircraft means:

(a) an Australian aircraft for which an RVSM airworthiness approval is in force; or

(b) a foreign aircraft for which an RVSM foreign airworthiness approval is in force.

RVSM foreign airworthiness approval has the meaning given by regulation 181D.

RVSM operational approval has the meaning given by regulation 181E.

secondary surveillance radar transponder means equipment that:

(a) is carried on, or installed in, an aircraft; and

(b) can respond to radio signals transmitted to the aircraft by ground radar and relay information about the aircraft's operations including the following:

(i)
the identity of the aircraft;
(ii)
the position of the aircraft;
(iii)
the altitude of the aircraft.
self-contained navigation system means a navigation system which:
(a)
is carried on, or installed in, an aircraft; and

(b)
determines the position of the aircraft without reference to externally generated radio signals.

servicing, in relation to an aircraft, means preparing the aircraft for flight, and includes providing the aircraft with fuel and other fluids that are necessary for its operation, but does not include any work that is maintenance.

signal area means a selected part of an aerodrome used for the display of ground signals so that they will be visible to aircraft in the air.

special pilot licence means a pilot licence issued under regulation 5.198.

specific subject means a subject for examination under these regulations, being a subject related to the maintenance of a particular type of aircraft, engine, electrical installation, instrument installation or radio system, declared by CASA, by notification published in Civil Aviation Orders, to be a specific subject for the purposes of these regulations.

sport aviation body means:

(a)
Recreational Aviation Australia Inc.; or

(b)
the Australian Ballooning Federation Ltd; or

(c)
the Gliding Federation of Australia; or

(d)
the Hang-gliding Federation of Australia; or

(e)
the Australian Parachute Federation; or

(f)
a body established in a Contracting State to administer sport aviation in that State.

State includes the Northern Territory.

student flight engineer means the holder of a student flight engineer licence.

student pilot means the holder of a student pilot licence.

student pilot area limit, in relation to a flight undertaken by a student pilot, means:

(a)
a traffic pattern; or

(b)
the area within 10 miles from the aerodrome reference point of the aerodrome from which the flight commenced; or

(c)
a flying training area associated with the aerodrome from which the flight commenced; or

(d)
the most direct route between the aerodrome from which the flight commenced and a flying training area associated with the aerodrome.

syllabus means a syllabus of training published under regulation 5.59.

synthetic flight trainer means a flight simulator, a flight training device, or a synthetic trainer.

Note 1   For definitions of flight simulator and flight training device, see the CASR Dictionary.
Note 2   Standards for flight simulators and flight training devices are set out in the document called `Manual of Standards (MOS) - Part 60' published by CASA.
Note 3   Standards for synthetic trainers are set out in the document called `FSD-2 Operational Standards and Requirements - Approved Synthetic Trainers' published by CASA.

synthetic trainer means a ground training device, other than a flight simulator or a flight training device, that simulates or represents flight conditions, aircraft characteristics and a cockpit environment.

taxi speed means the speed at which an aeroplane manoeuvres on the surface of an aerodrome under its own power when it is neither taking-off nor landing.

Territory does not include the Northern Territory.

tethered, in relation to a lighter-than-air aircraft, means attached to the ground, or an object on the ground, by flexible restraints that limit the movement of the aircraft.

tethered flight time, in relation to a balloon, means any part of the flight time in the balloon during which the balloon is tethered.

the Act means the Civil Aviation Act 1988.

the Convention means the Chicago Convention.

the Director of Meteorology means the Director of Meteorology under the Meteorology Act 1955.

theory examination means an examination of a person's aeronautical knowledge set and conducted by CASA under subregulation 5.41 (1).

these regulations includes CASR.

time-in-service means:

(a)
in relation to an aircraft — the period starting when the aircraft takes off on a flight and ending when the aircraft lands at the end of the flight; and

(b)
in relation to an aircraft component — the period:

(i)
during which the component is fitted to or provided in an aircraft; and
(ii)
starting when the aircraft takes off on a flight and ending when the aircraft lands at the end of the flight.
time-lifed aircraft component means an aircraft component (including an engine or propeller) that:
(a)
the manufacturer of the component; or

(b)
if the component has been modified — the designer of the modification; or

(c)
CASA;

has instructed must be retired or overhauled or removed from an aircraft within a particular period.

tour of duty means a period from the time at which a flight crew member commences any duties associated with his employment before making a flight or series of flights until the time at which he is finally relieved of all such duties after the termination of the flight or flights, and includes a period during which a flight crew member is required by an operator to hold himself available at an aerodrome for the performance of any such duties.

track means the projection on the earth's surface of the path of an aircraft, the direction of which at any point is usually expressed in degrees from North (true or magnetic).

traffic advisory service means a service provided by air traffic control for the purpose of giving traffic information and advice, except traffic avoidance advice, to help a pilot avoid a collision.

traffic avoidance advice means advice provided by air traffic control specifying manoeuvres to help a pilot avoid a collision.

traffic information means information issued by air traffic control or Flight Service to alert the pilot of an aircraft to other aircraft that may be close to the position, or the intended route, of his or her aircraft, so as to help the pilot avoid a collision.

traffic pattern means the path over the ground of aircraft in flight in the vicinity of an aerodrome during the execution of take-offs and landings and their paths when manoeuvring on the manoeuvring area.

training flight engineer means a flight engineer employed by, or working under an arrangement with, an approved training and checking organisation to carry out training and supervision of flight engineers.

TSO followed by the letter `C' and a number means the Technical Standard Order so numbered issued by the Administrator of the FAA.

unlawful interference with aviation has the same meaning as in section 3AE of the Air Navigation Act 1920.

vertical plane, in relation to an aeroplane, means a plane perpendicular to the horizontal plane.

V.F.R. is the symbol used to designate the Visual Flight Rules prescribed in Part 12.

V.F.R. flight means a flight conducted in accordance with Visual Flight Rules prescribed in Part 12.

V.F.R. operation means an operation conducted under Visual Flight Rules prescribed in Part 12.

visibility means the ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night.

V.M.C. is the symbol used to denote meteorological conditions in which the flight visibility and distances from cloud during a flight are equal to, or greater than, the applicable distances determined by the Authority under subregulation 172 (2).




(2) The Authority may direct that any part, equipment or apparatus for an aircraft shall, for the purposes of these regulations, be deemed not to be an aircraft component.

(2A)
A reference in these regulations to maintenance on an aircraft includes a reference to maintenance on aircraft components and aircraft materials.

(2B)
A reference in these regulations to an aircraft component, or aircraft material, included in an aircraft includes a reference to an aircraft component or aircraft material that is usually included in the aircraft but that has been temporarily removed from the aircraft for any purpose (including for the purpose of having maintenance carried out).

(2C)
For the purposes of these regulations, an aircraft is certificated as a transport category aircraft if:

(a)
there is a certificate of airworthiness in force in relation to the aircraft; and

(b)
the certificate includes a statement to the effect that the certificate is issued in the transport category.

(2D)
For the purposes of these regulations, the categories of maintenance are as follows:

(a)
maintenance on aircraft airframes;

(b)
maintenance on aircraft engines;

(c)
maintenance on aircraft radio systems;

(d)
maintenance on aircraft electrical systems;

(e)
maintenance on aircraft instruments.

(3)
In Division 2 of Part 11 and in Parts 12 and 13, unless the contrary intention appears:

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

rule means a rule prescribed by a regulation contained in that Division or those Parts and the rules has a corresponding meaning.

visible, in relation to lights, means visible on a dark night with a clear atmosphere.

(4) For the purposes of Division 2 of Part 11 and Parts 12 and 13, 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)
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;

(c)
under command when it is able to manoeuvre as required by the rules contained in the provisions of Division 2 of Part 11 and in the provisions of Parts 12 and 13 of these regulations or by the International Regulations for Preventing Collisions at Sea as set forth in Schedule 3 to the Navigation Act 1920;

(d)
under way if, being in the air or on the surface of the water, it is not aground or moored to the ground or to any fixed object on the land or in the water.

(5)
Where any rule contained in the provisions of Division 2 of Part 11 or in the provisions of Parts 12 and 13 contains a provision similar to that of a rule contained in the Rules of the Air adopted in pursuance of the Convention, but a distance which in the last-mentioned rule is expressed by kilometres, metres or centimetres (as the case may be) is in the first-mentioned rule expressed in miles, feet or inches, an aircraft which, in respect of that distance, complies with the last-mentioned rule shall also be deemed to comply with the first-mentioned rule.

(6)
For the purposes of these regulations, an aircraft shall be classified in accordance with the type of operations in which it is being employed at any time, as follows:

(a)
when an aircraft is being employed in aerial work operations, it shall be classified as an aerial work aircraft;

(b)
when an aircraft is being employed in charter operations, it shall be classified as a charter aircraft;

(c)
when an aircraft is being employed in regular public transport operations, it shall be classified as a regular public transport aircraft;

(d)
when an aircraft is being employed in private operations, it shall be classified as a private aircraft.

(7)
For the purposes of these regulations:

(a)
an aircraft that is flying or operating for a commercial purpose referred to in paragraph 206 (1) (a) shall be taken to be employed in aerial work operations;

(b)
an aircraft that is flying or operating for a commercial purpose referred to in paragraph 206 (1) (b) shall be taken to be employed in charter operations;

(c)
an aircraft that is flying or operating for the commercial purpose referred to in paragraph 206 (1) (c) shall be taken to be employed in regular public transport operations; and

(d)
an aircraft that is flying or operating for the purpose of, or in the course of:

(i)
the personal transportation of the owner of the aircraft;
(ii)
aerial spotting where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the spotting is conducted;
(iii)
agricultural operations on land owned and occupied by the owner of the aircraft;
(iv)
aerial photography where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the photography is conducted;
(v)
the carriage of persons or the carriage of goods without a charge for the carriage being made other than the carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft;
(va)
the carriage of persons in accordance with subregulation (7A);
(vi)
the carriage of goods otherwise than for the purposes of trade;
(vii)
conversion training for the purpose of endorsement of an additional type or category of aircraft in a pilot licence; or
(viii)
any other activity of a kind substantially similar to any of those specified in subparagraphs (i) to (vi) (inclusive);
shall be taken to be employed in private operations.

(7A)
An aircraft that carries persons on a flight, otherwise than in accordance with a fixed schedule between terminals, is employed in a private operation if:

(a)
public notice of the flight has not been given by any form of public advertisement or announcement; and

(b)
the number of persons on the flight, including the operating crew, does not exceed 6; and

(c)
no payment is made for the services of the operating crew; and

(d)
the persons on the flight, including the operating crew, share equally in the costs of the flight; and

(e)
no payment is required for a person on the flight other than a payment under paragraph (d).

(7B)
For these Regulations, an unmanned aircraft that is operating in accordance with Part 101 of CASR, or an approval granted by CASA under that Part, is employed in an aerial work operation.

(8)
For the purposes of these regulations, civil air operations are divided into the classes of operations referred to in subregulation (7).

(9)
Any reference in these regulations to the owner of an aircraft must, where under a contract of hire or charter agreement the control, maintenance and operation of the aircraft is vested in the hirer, be read as a reference to the hirer.

(10)
A reference in these regulations to height shall be read as a reference to:

(a)
the vertical distance of a level or a point, or if an object is specified, that object considered as a point, measured from the datum specified in connection with the reference, or where no datum is specified, measured from the ground or water; or

(b)
the vertical dimension of an object;

as the case requires.

(11)
For the purposes of these regulations, any reference to endorsement in a licence or other document shall be read as a reference to endorsement on the document, and matter shall be deemed to be endorsed on a document if it is written on any part of the document.

(12)
A provision in these regulations that requires, prohibits or authorises the doing by an aircraft or a person of an act or thing at night or by night shall be read as a provision that requires, prohibits or authorises, as the case may be, the doing by the aircraft or the person of the act or thing when the aircraft or person is at or over a place:

(a)
if a period has been determined in accordance with regulation 310 in respect of the area in which the place is — at any time in that period; or

(b)
in any other case — at any time after evening civil twilight at that place has ended and before morning civil twilight at that place next commences.

(13)
Notes in square brackets in these regulations are included for information only and do not form part of the regulations.