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Air Law and IFR rule question

  • Unusualattitude
  • Topic Author

Unusualattitude created the topic: Air Law and IFR rule question

Hi,
I have two questions that I am not sure what is the right answer. If anyone can clarify the answers for these two questions that would be great.

1. The rules of the air shall apply to
a.Aircraft of all states wherever they may be
b.Aircraft of all states while operating in controlled airspace
c.Aircraft of all ICAO contracting states wherever they may be
d.Aircraft of all ICAO contracting states while operating in controlled airspaces
Based on ANNEX 2, I think the correct answer is C because all countries are under ICAO regulations?

2.An aircraft in flight in accordance with and instrument flight rules shall be in compliance with
a.The instrument flight rules
b.The instrument flight rules and general rules
c.The instrument flight rules and visual flight rules
d.The instrument flight rules, the visual flight rules, and in addition the general rules
An aircraft under IFR rule is compliance with IFR rules only.

Cheers
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  • Unusualattitude
  • Topic Author

Unusualattitude replied the topic: Re: Air Law and IFR rule question

Can someone please clarify the answers with me?
Cheers
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  • Richard

Richard replied the topic: Re: Air Law and IFR rule question

Q1: Air Navigation Act 1920: Article 12. Rules of the air.

Each contracting State undertakes to adopt measures to insure that every aircraft flying over or manoeuvring within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and manoeuvre of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable.

"Contracting State" means a country, other than Australia, that is a party to the Chicago Convention.
"the International Civil Aviation Organization" means the organization, so named, formed under Article 43 of the Chicago Convention.



International Standards, Rules of the Air, Annex 2 to the Convention on International Civil Aviation

2.1 Territorial application of the rules of the air
2.1.1 The rules of the air shall apply to aircraft bearing the nationality and registration marks of a Contracting State, wherever they may be, to the extent that they do not conflict with the rules published by the State having jurisdiction over the territory overflown.


The answer is C.

Extracts are taken from these references:

ANO:
www.austlii.edu.au/au/legis/cth/consol_act/ana1920148/sch1.html

Annex 2:
www2.tech.purdue.edu/at/courses/at300/Documents/Annex2.pdf



Q2: CAR 175 (1) A flight conducted in accordance with the provisions of this Division is classed as a flight under the Instrument Flight Rules.

The answer is A.

Cheers,

Rich
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