Part 104 - Consultation
Note: This statement does not form part of the rules contained in Part 104. It provides details of the consultation undertaken in making the rules.
Background to the Rules
In April 1988 the Swedavia-McGregor Report on civil aviation regulation in New Zealand was completed. Following the recommendations contained in that report, the Civil Aviation Authority (CAA) (formerly the Air Transport Division of the Ministry of Transport) commenced a complete review of all existing civil aviation legislation. The existing legislation that is still appropriate is being rewritten into the new Rules format. New legislation is being generated where necessary for the areas not presently covered.
Considerable research was carried out to determine the format for the new legislation. It was decided that the legislative framework should incorporate the advantages of the regulatory system of the Federal Aviation Administration (FAA) of the United States of America and the system being developed by the European Joint Aviation Authorities and published as Joint Aviation Requirements (JAR).
The new rules are structured in a manner similar to the Federal Aviation Regulations (FAR) of the FAA, and aim to achieve maximum harmonisation whilst allowing for national variations. Close co-operation is also being maintained with the Civil Aviation Safety Authority of Australia to ensure maximum harmonisation with their regulatory code.
New Zealand’s revised legislation is published as Civil Aviation Rules (CAR) which is divided into Parts. Each Part contains a series of individual rules which relate to a particular aviation activity.
Accompanying most Parts will be at least one associated Advisory Circular (AC) which will expand, in an informative way, specific requirements of the Part and acceptable means of compliance. For instance an AC may contain examples of acceptable practices or procedures which would meet the requirements of a particular rule.
The CAR numbering system is based on the FAR system. As a general principle the subject matter of a rule Part will be the same or similar to the FAR although the title may differ to suit New Zealand terminology. Where a CAR Part does not readily equate with a FAR number code, a number has been selected that does not conflict with any existing FAR Part.
The objective of the new rules system is to strike a balance of responsibility between the State authority and those who provide services and exercise privileges in the civil aviation system. This balance must enable the State authority to set standards for, and monitor performance of, aviation participants whilst providing the maximum flexibility for the participants to develop their own means of compliance.
Section 12 of the Civil Aviation Act 1990 requires participants in the aviation system to carry out their activities safely and in accordance with the relevant prescribed safety standards and practices. Section 28 of the Act allows the Minister to make ordinary rules.
Notice of Proposed Rule Making
To provide public notice of, and opportunity for comment on the proposed new rules, the Authority issued Notice of Proposed Rule Making 95-11 under Docket Number 1028 on 20 December 1995. This Notice proposed the introduction of Civil Aviation Rules Part 104 to provide a regulatory safety boundary for the operation of gliders.
All comments made on the Notice of Proposed Rule Making are available in the rules docket for examination by interested persons. A report summarising each substantive contact with the Civil Aviation Authority contact person concerning this rule making has been filed in the docket.
Availability of the Document
Any person may view a copy of these rules at the Civil Aviation Authority, Level 15 Asteron Centre, 55 Featherston St, Wellington 6140. Copies may be obtained from the Civil Aviation Authority of New Zealand, PO Box 3555, Wellington 6140.
Summary of Comments on Docket Number 1028 NPRM
The New Zealand Gliding Association made very extensive submissions throughout the consultative process; and worked very closely within the rules drafting process, culminating in an agreement on the final draft.
Civil Aviation Authority response is to recognise the major contribution made by the NZGA in developing the agreed final draft of this Part 104.
Airways Corporation of New Zealand Limited say "It is noted that these rules become additions to or exceptions from those rules in Part 91 covering the operation of aircraft, and that those persons operating gliders must therefore also consider Part 91. Care must also be taken that those elements that lie within Part 104 that are of interest to those affected by Part 91, are also advised to Part 91 readers. These elements include a reduced separation from cloud criteria that applies to gliders and is an exception to the meteorological criteria specified in Part 91. (Those) readers should therefore be aware of the fact that they may well encounter gliders at less than the normal distance from cloud."
Civil Aviation Authority notes these points and will address them in the AIP.
Airways Corporation of New Zealand Limited pointed out an incorrect reference to Part 91 in the NPRM.
Civil Aviation Authority has corrected this reference.
Airways Corporation of New Zealand Limited said "aerobatic flight" requires a definition including, if necessary a separate definition for gliders.
Civil Aviation Authority has defined this term in Part 1.
Airways Corporation of New Zealand Limited made detailed comments about flight by gliders in controlled airspace.
Civil Aviation Authority response is that this detail no longer appears in Part 104 because it neither adds to, nor excepts from, any requirements in Part 91.
Airways Corporation of New Zealand Limited commented that Part 104 does not require gliders to carry transponders saying "This is an essential piece of equipment required for flight in transponder mandatory airspace" and "This would inhibit gliders from operating in transponder mandatory airspace in New Zealand airspace and should therefore be addressed".
Civil Aviation Authority response is that the carriage of transponders by gliders is already covered by Part 91, and Part 104 is unable to vary this.
Nelson Gliding Club made a detailed submission on flight by gliders in controlled airspace explaining that the equipping of gliders with transponders and radio had been to enhance their use of restricted air spaces. The submission included proposals for conditions to allow gliders to operate as of right within TMAs and UTAs.
Civil Aviation Authority response is that the rights and obligations of gliders are the same as for other aircraft and are therefore already fully covered in Part 91.
Rural Aviation (1963) Ltd said "Part 104.107(2)(iii) [of the NPRM] requires the pilot to make position reports every 30 minutes when within the TMA or UTA. We question whether this rule is required. With transponders in common use it should be left to the ATS to decide what level of position reporting is required".
Civil Aviation Authority has removed this detail which is already covered in Part 91.
Rural Aviation (1963) Ltd said "The requirement for an oil quantity indicator in 104.153(7)(iv) [of the NPRM] appears a little excessive. Most G.A. aircraft would have difficulty meeting this requirement so why should it be required for gliders".
Civil Aviation Authority has removed this requirement.
Rural Aviation (1963) Ltd said "The content of 104.59 and 104.113 [of the NPRM regarding use of aerodromes and minimum height] are both fully supported. Perhaps the same wording could be looked at for helicopter operations".
Civil Aviation Authority has re-examined the exception of 104.59 and removed it as an unnecessary exception. 104.113 is a rule to allow ridge soaring which is not normally practised by helicopters.
Wakatipu Aero Club Inc said "Whilst I applaud the revision pertaining to Ground Signals to only require under the new rule such a signal when winch or auto tow landings is in progress I remain unconvinced as to the effectiveness of ground signals. Unless a pilot is specifically looking for one they just do not see them. As ground signals have become less in use so has the pilots awareness or look-out reduced for such information".
Civil Aviation Authority response has been to recognise this reality by amending the rule to state what the ground signal means, rather than require it to be used.
Wakatipu Aero Club Inc said that in 104.107(2)(I) of the NPRM "It would seem that the word "and" should be deleted and replaced with "or" to permit glider operations in a TMA or UTA. Whilst "and" remains such flight except in a designated GFA would not be permitted".
Civil Aviation Authority response is that this detail has now been removed from Part 104.
An individual commentator made a detailed case for a CPL(G) to hold a Class 2 medical certificate rather than a Class 1 certificate.
Civil Aviation Authority response was that the CPL(G) is issued under Part 61 as a professional licence but the relativity points made by this submission will be considered during the revision of Part 61.
List of Consultants
- Airways Corporation of New Zealand Limited
- Brent Higgins of Nelson
- Nelson Gliding Club
- The New Zealand Gliding Association
- Rural Aviation (1963) Ltd
- Wakatipu Aero Club Inc
The following regulations will be affected by this rule Part commencement—
- Civil Aviation Safety Order 17:
Regulation 19A of the Civil Aviation Regulations 1953.
Section 14(2) of the Civil Aviation Amendment Act 1991 (as amended by section 34 of 1996 No. 91) deems the Civil Aviation Regulations 1953 that are continued in force by section 8 of that Act to be revoked on the close of 31 March 1997.
Section 14(3) states that any order, notice, requirement, circular, or other publication continued in force by section 8 shall expire on the close of 31 March 1997.
It is concluded from this consultation that the majority of those involved with gliding activities are in agreement with the proposed final rule.
The comments and background material used in developing the rules are held on the docket file and are available for public scrutiny. Persons wishing to view the docket file should call at the Civil Aviation Authority, Level 15 Asteron Centre, 55 Featherston St, Wellington 6140, and ask for docket file 1028.