Civil Aviation (Offences) Amendment Regulations 2015

2015/258

Coat of Arms of New Zealand

Civil Aviation (Offences) Amendment Regulations 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 9th day of November 2015

Present:
The Right Hon John Key presiding in Council

Pursuant to section 100 of the Civil Aviation Act 1990, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Civil Aviation (Offences) Amendment Regulations 2015.

2 Commencement

These regulations come into force on 10 December 2015.

3 Principal regulations

These regulations amend the Civil Aviation (Offences) Regulations 2006 (the principal regulations).

4 Schedule 1 amended

(1)

In Schedule 1, item relating to Part 101, replace Gyrogliders and parasails; and unmanned balloons, kites, rockets, and model aircraft—operating rules with Gyrogliders and parasails, unmanned aircraft (including balloons), kites, and rockets—operating rules.

(2)

In Schedule 1, items relating to the following rules, replace “aerodrome operating certificate” with “aerodrome operator certificate”:

(1)

rule 139.5(a):

(2)

rule 139.17(b):

(3)

rule 139.101(1):

(4)

rule 139.101(2):

(5)

rule 139.101(3):

(6)

rule 139.101(4):

(7)

rule 139.105:

(8)

rule 139.109:

(9)

rule 139.111(a):

(10)

rule 139.111(b):

(11)

rule 139.111(e):

(12)

rule 139.111(f):

(13)

rule 139.111(g):

(14)

rule 139.113:

(15)

rule 139.115(a):

(16)

rule 139.115(b):

(17)

rule 139.117:

(18)

rule 139.119:

(19)

rule 139.121:

(20)

rule 139.127(a):

(21)

rule 139.127(b):

(22)

rule 139.127(c):

(23)

rule 139.127(d):

(24)

rule 139.127(f):

(25)

rule 139.127(g):

(26)

rule 139.127(h):

(27)

rule 139.203(a):

(28)

rule 139.203(d):

(29)

rule 139.205.

(3)

In Schedule 1, revoke the items relating to the following rules:

(a)

rule 19.105(a):

(b)

rule 101.209:

(c)

rule 101.213:

(d)

rule 101.215:

(e)

rule 139.11(c):

(f)

rule 139.11(d):

(g)

rule 139.103(b):

(h)

rule 139.103(c):

(i)

rule 139.107:

(j)

rule 139.125(a):

(k)

rule 139.303:

(l)

rule 139.305:

(m)

rule 139.307:

(n)

rule 139.309(a):

(o)

rule 139.309(b):

(p)

rule 139.309(c).

(4)

In Schedule 1, replace the items relating to the following rules with the corresponding items set out in Part 1 of the Schedule of these regulations:

(a)

rule 101.7(a):

(b)

rule 101.7(b):

(c)

rule 101.9:

(d)

rule 101.11:

(e)

rule 101.13:

(f)

rule 101.15:

(g)

rule 101.205(a):

(h)

rule 101.205(b):

(i)

rule 101.207:

(j)

rule 101.211:

(k)

rule 139.101(5):

(l)

rule 139.103(a):

(m)

rule 139.123.

(5)

In Schedule 1, insert in their appropriate numerical order the items set out in Part 2 of the Schedule of these regulations.

(6)

In Schedule 1, insert in their appropriate numerical order the items set out in Part 3 of the Schedule of these regulations.

Schedule Amendments to Schedule 1

r 4(4)–(6)

Part 1 Items relating to Parts 101 and 139 replaced in Schedule 1

Fines and fees ($)
ConvictionInfringement fee
ProvisionBrief descriptionIndividualBody corporateIndividualBody corporate
Rule 101.7(a)Person must not operate unmanned aircraft, kite, rocket, gyroglider, or parasail within restricted area unless they have approval of responsible administering authority.2,50015,0001,0006,000
Rule 101.7(b)Person must not operate unmanned aircraft, kite, rocket, gyroglider, or parasail within military operating area unless they have approval of responsible administering authority.2,50015,0001,0006,000
Rule 101.9Person must not operate unmanned aircraft, kite, rocket, gyroglider, or parasail within low flying zone.5,00030,0002,00012,000
Rule 101.11Person must not operate unmanned aircraft, kite, rocket, gyroglider, or parasail in controlled airspace without prior authorisation from responsible ATC unit.5,00030,0002,00012,000
Rule 101.13Person must not operate unmanned aircraft, kite, rocket, gyroglider, or parasail without taking all practicable steps to minimise hazards to other aircraft, persons, and property.5,00030,0002,00012,000
Rule 101.15Person operating unmanned aircraft, kite, rocket, gyroglider, or parasail must not allow object to be dropped in flight if it creates hazard to other persons or property.5,00030,0002,00012,000
Rule 101.205(a)Responsibilities of person operating remotely piloted aircraft or free flight model aircraft within 4 km of aerodrome.1,2507,5005003,000
Rule 101.205(b)No person may operate remotely piloted aircraft, control line model aircraft, or free flight model aircraft on or over active movement area or active runway strip of aerodrome.1,2507,5005003,000
Rule 101.207(c)Responsibilities of person operating remotely piloted aircraft more than 4 km from aerodrome boundary and above 400 feet above ground level.1,2507,5005003,000
Rule 101.211Responsibilities of person operating remotely piloted aircraft or free flight model aircraft at night.2,50015,0001,0006,000
Rule 139.101(5)Holder of aerodrome operator certificate must notify Director of change of address for service, telephone number, or other contact details within prescribed period.1,2507,5005003,000
Rule 139.103(a)Holder of aerodrome operator certificate must establish maintenance programme.5,00030,0002,00012,000
Rule 139.123Holder of aerodrome operator certificate must give notice of aerodrome operational condition that may affect safe operation of aircraft.5,00030,0002,00012,000

Part 2 Items relating to Parts 101 and 139 inserted in Schedule 1

Fines and fees ($)
ConvictionInfringement fee
ProvisionBrief descriptionIndividualBody corporateIndividualBody corporate
Rule 101.12Person operating unmanned aircraft, kite, rocket, gyroglider, or parasail must be aware of airspace designation or applicable airspace restrictions, or be under supervision of person who does.2,50015,0005003,000
Rule 101.207(a)(1)(i)Person operating remotely piloted aircraft must avoid operating in airspace above person who has not given consent for aircraft to operate in that airspace.2,50015,0005003,000
Rule 101.207(a)(1)(ii)Person operating remotely piloted aircraft must avoid operating in airspace above property unless prior consent has been obtained from any persons occupying that property or property owner.2,50015,0005003,000
Rule 101.207(a)(2)Person operating remotely piloted aircraft must maintain observation of whole surrounding airspace in which aircraft is operating.2,50015,0005003,000
Rule 101.207(a)(3)Person operating remotely piloted aircraft must not operate aircraft at any height above 400 feet above ground level.2,50015,0005003,000
Rule 101.209Responsibilities of person operating remotely piloted aircraft or free flight model aircraft in relation to visual line of sight operation.1,2507,5005003,000
Rule 101.213(a)Responsibilities of person operating remotely piloted aircraft or control line model aircraft to give way to, and remain clear of, manned aircraft.5,00030,0002,00012,000
Rule 101.213(b)Responsibilities of person operating free flight model aircraft to remain clear of all manned aircraft on the ground and in flight during operation of aircraft.5,00030,0002,00012,000
Rule 101.215(b)Responsibilities of person operating remotely piloted aircraft with gross mass of between 15 kg and 25 kg.2,50015,0005003,000
Rule 139.5A(b)Person may not operate qualifying aerodrome except as authorised by qualifying aerodrome operator certificate.5,00030,0002,00012,000
Rule 139.21(d)(3)Person operating aerodrome, other than certificate holder, must provide aeronautical study meeting prescribed requirements when requested by Director.5,00030,0002,00012,000
Rule 139.76AApplicant for aerodrome operator certificate must establish procedures for ensuring works carried out on aerodrome do not endanger aircraft operations.5,00030,000
Rule 139.103(b)(1)Holder of aerodrome operator certificate must establish aerodrome maintenance programme that provides for keeping paved manoeuvring areas clear of loose objects or debris.2,50015,0001,0006,000
Rule 139.103(b)(2)Holder of aerodrome operator certificate must establish aerodrome maintenance programme that provides for maintaining paved runways in prescribed condition.2,50015,0001,0006,000
Rule 139.125Holder of aerodrome operator certificate must establish procedures for restricting or prohibiting aircraft operations where unsafe condition exists on aerodrome.5,00030,0002,00012,000
Rule 139.451(1)Holder of qualifying aerodrome operator certificate must hold current and complete copy of aerodrome certification exposition on aerodrome.1,2507,5005003,000
Rule 139.451(2)Holder of qualifying aerodrome operator certificate must comply with exposition.5,00030,0002,00012,000
Rule 139.451(3)Holder of qualifying aerodrome operator certificate must make exposition available to personnel.1,2507,5005003,000
Rule 139.451(4)Holder of qualifying aerodrome operator certificate must continue to meet prescribed standards and requirements.5,00030,0002,00012,000
Rule 139.451(5)Holder of qualifying aerodrome operator certificate must notify Director of change of address for service, telephone number, or other contact details within prescribed period.1,2507,5005003,000
Rule 139.453Holder of qualifying aerodrome operator certificate must establish procedures for restricting aircraft operations where unsafe condition exists on aerodrome.5,00030,0002,00012,000
Rule 139.455(a)Holder of qualifying aerodrome operator certificate must ensure exposition remains current.2,50015,0001,0006,000
Rule 139.455(b)Holder of qualifying aerodrome operator certificate must ensure amendments to exposition meet requirements and comply with amendment procedures—
(a)

where offence is failing to ensure amendments meet prescribed requirements:

2,50015,0001,0006,000
(b)

where offence is failing to ensure amendment complies with amendment procedures.

6253,7502501,500
Rule 139.455(c)Holder of qualifying aerodrome operator certificate must provide Director with copy of each amendment to exposition.2,50015,0001,0006,000
Rule 139.455(d)Holder of qualifying aerodrome operator certificate must notify Director and obtain acceptance of certain changes.5,00030,0002,00012,000
Rule 139.455(f)Holder of qualifying aerodrome operator certificate must comply with conditions prescribed on changes.5,00030,0002,00012,000
Rule 139.455(g)Holder of qualifying aerodrome operator certificate must forward certificate to Director for amendment where required.1,2507,5005003,000
Rule 139.455(h)Holder of qualifying aerodrome operator certificate must amend exposition as Director considers necessary in interest of safety.5,00030,0002,00012,000
Rule 139.503Prescribed persons must establish procedures to restrict or prohibit aircraft movements where unsafe condition exists on aerodrome.5,00030,0002,00012,000
Rule 139.505Prescribed persons must provide specified data to Director.5,00030,0002,00012,000

Part 3 Items relating to Part 102 inserted in Schedule 1

Fines and fees ($)
ConvictionInfringement fee
ProvisionBrief descriptionIndividualBody corporateIndividualBody corporate
Part 102Unmanned aircraft operator—certification
Rule 102.7Person must not perform unmanned aircraft operation except under authority of, and in accordance with, unmanned aircraft operator certificate.5,00030,0002,00012,000
Rule 102.17Operator of unmanned aircraft must ensure compliance with conditions of certificate.5,00030,0002,00012,000
Rule 102.21(a)Responsibilities of unmanned aircraft operator certificate holder to comply with conditions of unmanned aircraft operator certificate.5,00030,0001,0006,000
Rule 102.23(a)(1)Responsibilities of unmanned aircraft operator certificate holder to ensure exposition is current and that amendments to exposition meet requirements.2,50015,0001,0006,000
Rule 102.23(a)(2)Responsibilities of unmanned aircraft operator certificate holder to provide Director with copy of amendment to exposition.2,50015,0001,0006,000
Rule 102.23(a)(3)Responsibilities of unmanned aircraft operator certificate holder to amend exposition as Director considers necessary.2,50015,0001,0006,000
Rule 102.23(b)Unmanned aircraft operator certificate holder must obtain approval of Director for specified changes to exposition.2,50015,0001,0006,000

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 10 December 2015, amend Schedule 1 of the Civil Aviation (Offences) Regulations 2006 (the principal regulations). The principal regulations prescribe the breaches of the Civil Aviation Rules (the rules) that are summary offences and the breaches of those rules that are infringement offences, and prescribe the fines and infringement fees in respect of those offences. The amendments—

  • replace the heading relating to Part 101 to read: Gyrogliders and parasails, unmanned aircraft (including balloons), kites, and rockets—operating rules:

  • replace, in rules relating to Part 139, the references to aerodrome operating certificate with references to aerodrome operator certificate:

  • revoke the item relating to rule 19.105(a):

  • revoke certain items, replace certain items, and insert new items relating to Part 101 of the rules, which specifies offences and penalties relating to gyrogliders and parasails, unmanned aircraft (including balloons), kites, and rockets—operating rules:

  • revoke certain items, replace certain items, and insert new items relating to Part 139 of the rules, which specifies offences and penalties relating to aerodromes—certification, operation, and use:

  • insert new items relating to Part 102 of the rules, which specifies offences and penalties relating to unmanned aircraft operator—certification.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 12 November 2015.

These regulations are administered by the Ministry of Transport.