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Civil Aviation Act 1990 - Civil Aviation (Amendment) Regulations 1996

LAWS OF TONGA

CIVIL AVIATION (AMENDMENT) REGULATIONS 1996

GS 5A of 1996

CIVIL AVIATION ACT 1990

In exercise of the powers conferred on him by section 7 of the Civil Aviation Act 1990, the Minister of Civil Aviation, with the consent of Cabinet, makes the following Regulations:

1.

(1). These Regulations may be cited as the Civil Aviation (Amendment) Regulations 1996, and shall be read together with and deemed part of the Civil Aviation Regulations 1992 (hereinafter referred to as the principal regulations).

(2). These Regulations shall come into force on the 14th day after the date of their publication in the Gazette.

2.

The principal regulations are hereby amended by inserting after regulation 1 the following:

"PROMULGATION OF ORDERS AND NOTICES

1. A.

(1). Notwithstanding any provisions of these Regulations to the contrary, wherever in these Regulations the Minister is empowered or required to issue any order, requirement or instruction, or to prescribe any procedure or condition, or to exercise any act or authority having a like or general effect, the Minister shall publish a document containing the order, requirement, instruction, or other matter in such of the publications referred to in paragraph (4) of this regulation as he may determine as appropriate to the circumstances.

(2). The fact that any document referred to in paragraph (1) of this regulation has been so published shall be conclusive evidence of the matter contained therein having been promulgated for the purposes of these Regulations.

(3). Any order, requirement, instruction, or other matter contained in the publications referred to in paragraph (4) of this regulation or promulgated as provided for in paragraph (1) of this regulation shall be deemed to have been issued by the Minister pursuant to these Regulations and shall be complied with by all persons affected thereby.

(4). For the purposes of giving effect to these Regulations and for the amplification of content the Minister may from time to time issue the following:

Civil Aviation Notices (CAN) - relating to the registration of aircraft, maintenance, operation, flight or manoeuvre of aircraft, or the use of any aerodrome or navigational facility, or for the purpose of promulgating orders or procedures in respect of air traffic control or in respect of requirements for persons holding or applying for licences, ratings, certificates, approvals, or other authorities under these Regulations."

3. Regulation 2 of the principal regulations is hereby amended by inserting the following definitions in alphabetical order:

""approved" means approved in writing by the Minister".

""foreign type certificate" is a document granting design approval to an aircraft, aircraft engine or propeller and identifying the applicable airworthiness design standards and aircraft operating limitations, issued by a foreign aviation authority responsible for regulating airworthiness standards of civil aircraft in that country".

Civil Aviation (Amendment) Regulations 1996 Regulation 4

4. Regulation 5 of the principal regulations is hereby amended by inserting, after regulation 5(6), the following:

"(7). An aircraft intended for operation in the transport, aerial work or private category shall not be eligible for Tongan registration unless there is in force at the time of application, a foreign type certificate relating to that particular aircraft, complying with airworthiness design standards as specified in Civil Aviation Notices".

5. Regulation 14 of the principal regulations is hereby amended by inserting after regulation 14(2)(b), the following:

"(c). there being in force at the time of application, a foreign type certificate for the aircraft in compliance with airworthiness design standards as specified in Civil Aviation Notices and if he so requires, the associated type data.".

6. Regulation 94 of the principal regulations is hereby repealed and replaced by the following:

"94.

(1). Subject to the provisions of these Regulations, no aircraft shall be flown over any city, town, settlement or populous area at a lower height than 1,000 ft; or any other area at a lower height than 500 ft.

(2). Notwithstanding paragraph (1) above, no aircraft shall be flown over any city, town, settlement or populous area except at such altitude as will enable the aircraft to complete a safe landing should engine failure or other cause necessitate a forced landing.

(3). The height specified in paragraph (1) hereof, is the height above the highest point of the terrain or any obstacle thereon, within a radius of one nautical mile.

(4). The provisions of paragraphs (1) and (2) of this regulation shall not apply if:

(a). through stress of weather encountered en route or any other unavoidable cause, it is essential that a lower altitude be maintained; or

(b). the aircraft is engaged in an operation of a nature which necessitates low flying and approval has been given by the Minister either for all flights or for a specific flight or flights to be made at a lower altitude and the flight is in accordance with such conditions as the Minister may prescribe; or

(c). the aircraft is being flown in an area designated by the Minister for use as a low-flying area by the operator of an aircraft and the flight is in accordance with such conditions as the Minister may prescribe; or

(d). the aircraft is taking off or landing.

(5). Notwithstanding the provisions of paragraphs (1) and (2) of this regulation an aircraft engaged in IFR flight shall comply with the provisions of Regulation 112".

Dated this 6th day of August, 1996.

Minister of Civil Aviation