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Civil Aviation Regulations 1988

Authoritative Version
  • - F2005C00349
  • In force - Superseded Version
  • View Series
SR 1988 No. 158 Regulations as amended, taking into account amendments up to SLI 2005 No. 137
Registered 21 Jun 2005
Start Date 18 Jun 2005
End Date 24 Oct 2005
Table of contents.

Civil Aviation Regulations 1988

Statutory Rules 1988 No. 158 as amended

made under the

This compilation was prepared on 20 June 2005
taking into account amendments up to SLI 2005 No. 137

This document has been split into five volumes
Volume 1 contains Parts 1 to 4D
Volume 2 contains Part 5
Volume 3
contains Parts 7 to 20,
Volume 4 contains the Schedules
Volume 5 contains the Notes
Each volume has its own Table of Contents

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department,
Canberra


Contents

Part 7                    Navigation logs

                       78  Navigation logs                                                                 12

                       79  Form of logs                                                                     12

                       80  Retention of logs                                                              13

                       81  Directions under this Part                                                  13

Part 8                    Radio systems for use in, or in connection with, aircraft

                       82  Equipment of Australian aircraft with radiocommunication systems        14

                    82A  Use of radiocommunication systems: words and phrases to be used      14

                       83  Use and operation of radiocommunication systems by Australian aircraft            15

                    83A  Aircraft radiotelephone operator certificate of proficiency: issue  17

                    83B  Aircraft radiotelephone operator certificate of proficiency: notice of decision         17

                    83C  Aircraft radiotelephone operator certificate of proficiency: conditions       17

                    83D  Aircraft radiotelephone operator certificate of proficiency: duration          18

                    83E  Aircraft radiotelephone operator certificate of proficiency: qualifications   18

                     83F  Aircraft radiotelephone operator certificate of proficiency: conduct of examination and test            19

                       84  Use and operation of radiocommunication systems by foreign aircraft     19

                       85  Directions under Part 8                                                     20

Part 9                    Aerodromes

Division 8                Use of aerodromes

                       90  Access of official aircraft to aerodromes                              21

                       91  Use of aerodromes by aircraft of Contracting States             21

                       92  Use of aerodromes                                                           21

                    92A  Use of aerodromes in regular public transport operations      22

                       93  Protection of certain rights                                                 24

Division 9                Removal or marking of obstructions or other hazards

                       94  Dangerous lights                                                              25

                       95  Removal or marking of objects which constitute obstructions or potential hazards to air navigation                                                                                    26

                       96  Dumping of rubbish                                                           28

Part 10                  Air Traffic Services and other services

Division 1                Air Traffic Services

                  99AA  Air Traffic — Services, directions and instructions                30

                    99A  Broadcasts to be made at certain aerodromes                    31

                     100  Compliance with air traffic control clearances and air traffic control instructions   32

                     101  Procedure when air traffic control not in operation                33

                     105  Temporary medical unfitness of holder of licence                 33

                     115  Medical unfitness of holder of licence                                 33

Division 2                Meteorological services

                     120  Weather reports not to be used if not made with authority    34

Division 3                Statistical returns

                     132  Statistical returns                                                             34

Part 11                  Conditions of flight

Division 1                General

                     133  Conditions to be met before Australian aircraft may fly         36

                     135  Foreign aircraft of Contracting States                                  37

                   135A  Special flight authorisation                                                 37

                     136  Foreign state aircraft                                                         38

                     138  Pilot to comply with requirements etc of aircraft’s flight manual etc         38

                     139  Documents to be carried in Australian aircraft                     39

                     140  Prohibited, restricted and danger areas                               40

                     141  Low flying etc in flying training areas                                  41

                     143  Carriage of firearms                                                           41

                     144  Discharge of firearms in or from an aircraft                          42

                     145  Emergency authority                                                         42

                     146  Liability as to neglect of rules regarding lights etc                43

                     147  Australian aircraft in or over territory of a State which is not a Contracting State  43

Division 2                Flight rules

                     149  Towing                                                                             43

                     150  Dropping of articles                                                           44

                     151  Picking up of persons or objects                                        45

                     152  Parachute descents                                                          45

                     153  Flight under simulated instrument flying conditions              46

                     155  Acrobatic flight                                                                 46

                     156  Flying over public gatherings                                              48

                     157  Low flying                                                                        48

                     158  Reports at designated points or intervals                             50

                     159  Procedure on radio failure                                                  50

                   159A  Power of CASA to issue instructions                                  50

                   159B  Manner of notifying instructions                                          50

Part 12                  Rules of the air

Division 1                General

                     160  Interpretation                                                                    51

                     161  Right of way                                                                     51

                     162  Rules for prevention of collision                                          51

                     163  Operating near other aircraft                                              53

                163AA  Formation flying                                                                53

                   163A  Responsibility of flight crew to see and avoid aircraft            54

Division 2                Operation on and in the vicinity of aerodromes

                     164  Responsibility for compliance with rules of this Division        55

                     165  Temporary suspension of rules                                          55

                     166  Operation on and in the vicinity of an aerodrome                  55

                     167  Procedure at controlled aerodromes                                   56

                     168  Aerodromes at which the operation of aircraft is not restricted to runways           57

                     169  Preventing collisions on water                                            58

Division 3                Visual flight rules

                     170  Interpretation                                                                    60

                     171  V.F.R. flight                                                                     60

                     172  Flight visibility and distance from cloud                               60

                     173  Cruising level to be appropriate to magnetic track                62

                     174  Determination of visibility for V.F.R. flights                          62

                   174A  Equipment of aircraft for V.F.R. flight                                  63

                   174B  V.F.R. flights at night                                                        64

                   174C  Qualifications for night flying under V.F.R.                           65

                   174D  Navigation of aircraft on V.F.R. flight                                   66

Division 4                Instrument flight rules

                     175  I.F.R. flight                                                                       67

                   175A  Restriction on I.F.R. flights by single engine aircraft             68

                     176  Qualification of pilot in command                                        69

                   176A  Determination of visibility and cloud base for I.F.R. flights     69

                     177  Equipment of aircraft for I.F.R. flight                                    70

                     178  Minimum height for flight under I.F.R.                                 71

                     179  Authorised instrument approach procedures to be used       73

                   179A  Navigation of aircraft on I.F.R. flight                                    74

                     180  Cruising levels for I.F.R. flights                                           75

                     181  Flight procedure for I.F.R. flight where cruising level cannot be maintained          75

Division 5                Operations in RVSM airspace

Subdivision 1            Preliminary

                   181A  What this Division does                                                     76

                   181B  Definitions for this Division                                                 76

                   181C  What is an RVSM airworthiness approval?                          76

                   181D  What is an RVSM foreign airworthiness approval?               76

                   181E  What is an RVSM operational approval?                             76

Subdivision 2            RVSM airworthiness approvals

                   181F  Application for RVSM airworthiness approval                       77

                  181G  RVSM airworthiness approval                                            77

                   181H  How long RVSM airworthiness approvals remain in force      78

                    181I  Notice to RVSM airworthiness approval holder to show cause 78

                   181J  Cancellation of RVSM airworthiness approval                      79

                   181K  Cancellation at request of holder                                        80

Subdivision 3            RVSM operational approvals

                   181L  Application for RVSM operational approval                          80

                  181M  RVSM operational approval                                                80

                   181N  How long RVSM operational approvals remain in force         81

                  181O  Notice to RVSM operational approval holder to show cause  81

                   181P  Cancellation of RVSM operational approval                         82

                  181Q  Removal of aircraft from RVSM operational approval — cancellation of airworthiness approval       83

                181QA  Removal of aircraft from RVSM operational approval — holder ceasing to operate aircraft  84

                   181R  Cancellation at request of holder                                        84

                   181S  Requirements of Australian operator using Australian aircraft 84

                   181T  Requirements of Australian operator using foreign aircraft     85

                   181U  Monitoring height-keeping                                                  85

                   181V  Telling CASA about cancellation of RVSM foreign airworthiness approval            86

Subdivision 4            Miscellaneous

                   181X  New registration marks                                                     86

Part 13                  Signals for the control of air traffic

Division 1                Aerodrome traffic

                     182  Use of prescribed signals                                                  87

                     183  Responsibility for complying with this Part                          87

                     184  Two-way radiotelephony communication                             88

                     185  Visual signals                                                                  88

                     186  Pilot in command to maintain look out for visual signals       88

                     187  Light signals                                                                    89

                     188  Pyrotechnic signals                                                          89

                     189  Ground signals                                                                 89

Division 2                Special signals relating to danger areas, prohibited areas and restricted areas

                     190  Warning signal                                                                 89

Division 3                Emergency signals

                     191  Transmission of signals                                                     90

                     192  Distress signals                                                               90

                     193  Urgency signals                                                               91

                     194  Safety signal                                                                    92

Division 4                Lights to be displayed by aircraft and lights and markings to be displayed on mooring cables

                     195  Compliance with rules about lights                                     92

                     196  Aeroplanes in flight or on the manoeuvring area of land aerodromes        93

                     197  Aeroplanes under way on the surface of water                     94

                     198  Aeroplanes at anchor or moored on the surface of water       95

                     199  Aeroplanes aground on the surface of the water                   96

                     200  Gliders                                                                            96

                     203  Airships                                                                           97

Part 14                  Air service operations

Division 1                General

                     206  Commercial purposes (Act, s 27 (9))                                  98

                     207  Requirements according to operations on which Australian aircraft used 99

                     208  Number of operating crew                                                100

                     209  Private operations                                                           100

                     210  Restriction of advertising of commercial operations            101

Division 2                Requirements to ensure the safety of commercial operations

                     212  Operator                                                                        101

                     213  Organisation                                                                   101

                     214  Training of maintenance personnel                                    102

                     215  Operations manual                                                          102

                     216  Flight time records                                                          104

                     217  Training and checking organisation                                   104

                     218  Route qualifications of pilot in command of a regular public transport aircraft       105

                     219  Route qualifications of pilot in command of a charter aircraft 106

                     220  Fuel instructions and records                                           107

                     221  Facilities and safety devices for public                              108

                     222  Proving tests                                                                  108

Division 3                Conduct of operations

                     223  Operator to ensure employees and flight crew familiar with local laws and regulations      109

                     224  Pilot in command                                                            110

                     225  Pilots at controls                                                            110

                     226  Dual controls                                                                  111

                     227  Admission to crew compartment                                      112

                     228  Unauthorised persons not to manipulate controls               113

                     229  Aircraft not to be taxied except by pilot                             114

                     230  Starting and running of engines                                        114

                     231  Manipulation of propeller                                                  116

                     232  Flight check system                                                       116

                   232A  Operational procedures in relation to computers                117

                     233  Responsibility of pilot in command before flight                  118

                     234  Fuel requirements                                                           120

                     235  Take-off and landing of aircraft etc                                    121

                   235A  Minimum runway width                                                    123

                     238  Icing conditions                                                              125

                     239  Planning of flight by pilot in command                               125

                     240  Authority may issue instructions in relation to flight planning 126

                     241  Flight plans — submission to air traffic control in certain cases  126

                     242  Testing of radio apparatus                                                127

                     243  Listening watch                                                              128

                     244  Safety precautions before take-off                                     128

                     245  Tests before and during the take-off run                             129

                     246  Movement on manoeuvring area                                       130

                     247  Meteorological conditions observed en route                      130

                     248  Reporting of defects                                                        131

Division 4                General provisions relating to the operation of aircraft

                     249  Prohibition of carriage of passengers on certain flights        131

                     250  Carriage on wings, undercarriage etc                                132

                     251  Seat belts and safety harness                                          133

                     252  Provision of emergency systems etc                                135

                   252A  Emergency locator transmitters                                       135

                     253  Emergency and life-saving equipment                               138

                     254  Exits and passageways not to be obstructed                    139

                     255  Smoking in aircraft                                                          140

                     256  Intoxicated persons not to act as pilots etc or be carried on aircraft        141

                256AA  Offensive and disorderly behaviour                                    143

                   256A  Carriage of animals                                                         143

                     257  Aerodrome meteorological minima                                    145

                     258  Flights over water                                                            146

                     259  Manned free balloons                                                      146

                     260  Manned fixed balloons and kites                                      147

                     262  Carriage of examiners                                                     147

Division 5                Airborne collision avoidance systems

                262AA  Definitions                                                                      148

                262AB  Meaning of approved TCAS II                                           149

Subdivision 1            Australian aircraft

                262AC  ACAS requirements — turbine-powered commercial aeroplanes 149

                262AD  ACAS must be activated during flight                                150

                262AE  Reporting unserviceable ACAS during flight                       150

                 262AF  Reporting unserviceable ACAS before flight                       151

Subdivision 2            Foreign aircraft

                262AG  ACAS requirements — turbine-powered commercial aeroplanes 151

                262AH  ACAS must be activated during flight                                152

                  262AI  Reporting unserviceable ACAS during flight                       153

                 262AJ  Reporting unserviceable ACAS before flight                       153

Division 6                Operating limitations for aircraft certificated in certain categories and experimental aircraft

                262AK  Application of this Division                                               154

                 262AL  Restricted category aircraft — operating limitations            154

                262AM  Limited category aircraft — operating limitations                156

                262AN  Approved organisations                                                   160

                262AO  Provisionally certificated aircraft — operating limitations     161

                262AP  Experimental aircraft — operating limitations                     163

                262AQ  Primary category aircraft — operating limitations               166

                262AR  Intermediate category aircraft — operating limitations         167

                262AS  Where aircraft may be flight tested                                   167

Part 16                  Refusal to grant, and suspension and cancellation of, licences, certificates and authorities

                     263  Interpretation                                                                  169

                     264  Refusal to grant licence or certificate                                170

                     265  Suspension of licence or authority for purpose of examination 170

                     266  Cancellation at request of holder                                      171

                     267  Variation at request of holder                                           171

                     269  Variation, suspension or cancellation of licence, certificate or authority   172

                     270  Effect of effluxion of time in relation to the suspension of licence, certificate or authority   173

                   272A  Effect of cancellation of licence, certificate or authority       174

Part 17                  Penal provisions and prosecutions

Division 1                Penal provisions

                     282  Offences in relation to licences, certificates and authorities 175

                     286  Stowaways                                                                    176

                     287  Power of Court to order returns etc to be furnished             176

                     288  Detention of aircraft                                                         176

                     289  Creation of fire hazard                                                     177

                     290  Firearms — Federal airports                                            177

                     291  Stationary aircraft within precincts of an aerodrome            178

                     292  Aircraft on movement area to be reported                          178

                     293  Removal of aircraft from movement area                            179

                     294  Prohibition of entry etc on prohibited area                          179

Division 2                Prosecutions

                     296  Time for commencing prosecutions                                  180

Division 3                Infringement notices

                   296A  Definitions for Division 3 of Part 17                                    181

                   296B  When can an infringement notice be served?                     181

                   296C  Can an infringement notice be withdrawn?                         181

                   296D  How are infringement notices and withdrawals of notices to be served?   182

                   296E  What must be included in an infringement notice?             183

                   296F  What happens if you pay the prescribed penalty?              184

                  296G  Evidentiary matters                                                         184

                   296H  Can there be more than one infringement notice for the same offence?   185

                    296I  What if payment is made by cheque?                               185

                   296J  This Division does not prevent a matter being prosecuted in a court and does not mean that an infringement notice must be served in all cases               185

Part 18                  Evidence

                     297  Evidence                                                                        187

Part 19                  Miscellaneous

                   297A  Review of decisions                                                         189

                     298  Application for licences etc                                              192

                   298A  Cheating by examination candidates                                192

                   298B  Examination misconduct by persons other than examination candidates            195

                   298C  Personation at examinations                                            196

                   298D  Person not permitted to sit examination until Tribunal decides 198

                   298E  Sitting examination when not permitted                             198

                     299  Change of address                                                          198

                     301  Surrender of documents                                                  199

                     302  Production of licences                                                     199

                     303  Conditions subject to which licences or certificates are granted 200

                   303A  Power to impose conditions                                             200

                     304  Directions and instructions — section 23 of the Act           201

                     305  Access of authorised persons                                          201

                     306  Liability for damage to aircraft during official tests              203

                     308  Authority may grant exemptions                                       203

                     309  Powers of pilot in command                                             204

                   309A  Instructions about activities on board aircraft                     204

                     310  Variation of meaning of night                                            205

Part 20                  Transitional

                     311  Transitional                                                                    206

                     312  Definition                                                                        207

                     313  Transitional: certificates of type approval                           208

                     314  Transitional: certificates of airworthiness                           208

                     315  Transitional: suspension of a certificate of airworthiness     208

                     317  Transitional: permission to fly                                           209

                   317A  Transitional: design standards                                          209

                     318  Transitional: certificates of approval                                  209

                     319  Transitional: approval to manufacture amateur-built aircraft  210

                     320  Transitional: suspension of certificate of approval               210

                     321  Transitional: notices of events                                          210

                     322  Transitional: changes to flight manuals for Australian aircraft 211

                     323  Transitional: documents to be carried in Australian aircraft  212

                   323A  Transitional — determinations under regulation 178            213

                     324  Transitional: certain warnings                                           214

                     325  References to Parts, Divisions or Subdivisions renumbered by Civil Aviation Amendment Regulations 1999 (No. 6)                                                                 214

 

 


Part 7                 Navigation logs

  

78            Navigation logs

         (1)   The pilot in command of an aircraft shall keep a log of such navigational data as is required to enable him or her to determine the geographical position of the aircraft at any time while the aircraft is in flight.

Penalty:   10 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   The log shall be kept in chronological order and, in the case of an Australian aircraft engaged on an international flight, shall include the following information:

                (a)    points of departure and destination;

               (b)    required track;

                (c)    wind velocity used for calculations;

               (d)    headings flown;

                (e)    true airspeed;

                (f)    position lines, fixes and pinpoints obtained;

                (g)    times of alteration of headings;

                (h)    estimated times of arrival at turning points and destination; and

                 (i)    such other information relevant to the navigation of the aircraft as CASA directs.

79            Form of logs

         (1)   A log kept under this Part shall be kept in accordance with such form, and in such manner, as CASA directs.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

80            Retention of logs

         (1)   CASA may give directions specifying the period during which a log kept under this Part is to be retained by the person keeping it.

         (2)   The person keeping the log must not contravene a direction.

Penalty:   5 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (4)   It is a defence to a prosecution under subregulation (2) if the defendant had a reasonable excuse.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

81            Directions under this Part

                A direction given under this Part does not have effect in relation to a person until it has been served on the person.


 

Part 8                 Radio systems for use in, or in connection with, aircraft

  

82            Equipment of Australian aircraft with radiocommunication systems

         (1)   An Australian aircraft engaged in a regular public transport service, and such other Australian aircraft as CASA directs, shall be equipped with such radiocommunication systems as CASA approves to ensure the safety of air navigation.

Penalty:   25 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   In approving a radiocommunication system for the purposes of subregulation (1), CASA shall have regard to:

                (a)    the suitability and efficiency of the system for use in conjunction with the air route and airway facilities provided under the Air Services Act 1995; and

               (b)    in the case of a system installed, or to be installed, in an aircraft engaged in international air navigation — the suitability and efficiency of the system in the conditions in which it is likely to be used.

         (3)   CASA may, subject to such conditions as CASA considers necessary, exempt an aircraft (other than an aircraft engaged in an international public transport service) from any requirement of this regulation.

82A         Use of radiocommunication systems: words and phrases to be used

         (1)   CASA may give directions in relation to the words and
phrases to be used in communicating with, or in relation to, aircraft, using radiocommunication systems approved under subregulation 82 (1).

         (2)   A direction must be published in AIP or NOTAMS.

83            Use and operation of radiocommunication systems by Australian aircraft

         (1)   Subject to subregulation (1A), the pilot in command of an Australian aircraft in which a radiocommunication system approved under subregulation 82 (1) is installed, other than an aircraft that is in a foreign country, must not do any of the following:

                (a)    use, or permit the use of, the radiocommunication system if the use is not in accordance with the directions of CASA;

                (c)    permit the operation of the radiocommunication system during flight time in the aircraft by a person who does not hold a flight radiotelephone operator licence or a student pilot licence;

               (d)    operate the radiocommunication system while the aircraft is on the ground if the pilot does not hold:

                          (i)    an aircraft radiotelephone operator certificate of proficiency; or

                         (ii)    a flight radiotelephone operator licence; or

                         (iii)    a licence issued under the Radiocommunications Act 1992 that authorises the holder of the licence to operate a radiocommunication system of the kind concerned; or

                        (iv)    a student pilot licence;

                (e)    permit the operation of the radiocommunication system while the aircraft is on the ground by a person who is not the holder of a certificate or licence of a kind referred to in paragraph (d).

Penalty:   10 penalty units.

      (1A)   Subregulation (1) does not apply to the operation of a radiocommunication system under subregulation 5.66 (1).

         (2)   The owner of a radiocommunication system used to ensure the safety of air navigation, but not installed in, or carried on, an aircraft:

                (a)    must not operate the radiocommunication system if he or she is not the holder of a certificate or licence of a kind referred to in paragraph (1) (d); and

               (b)    must not permit the operation of the radiocommunication system by a person who is not the holder of a certificate or licence of a kind referred to in paragraph (a).

Penalty:   10 penalty units.

         (3)   Subject to subregulation 5.66 (1), a person must not operate, for the purpose of ensuring the safety of air navigation, a radiocommunication system that is:

                (a)    not installed in, or carried on, an aircraft; or

               (b)    installed in, or carried on, an aircraft that is on the ground;

if the person does not hold:

                (c)    an aircraft radiotelephone operator certificate of proficiency; or

               (d)    a flight radiotelephone operator licence; or

                (e)    a licence issued under the Radiocommunications Act 1992 that authorises the holder of the licence to operate a radiocommunication system of the kind concerned.

Penalty:   10 penalty units.

         (4)   The pilot in command of an Australian aircraft:

                (a)    in which a radiocommunication system approved under subregulation 82 (1) is installed or carried; and

               (b)    that is in a foreign country;

must not use, or permit the use of, the radiocommunication system except in accordance with the law of that country.

Penalty:   10 penalty units.

         (5)   An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

83A         Aircraft radiotelephone operator certificate of proficiency: issue

         (1)   A person may apply to CASA, in writing, for the issue of an aircraft radiotelephone operator certificate of proficiency.

         (2)   Subject to subregulation (3), CASA must issue an aircraft radiotelephone certificate of proficiency to an applicant if, and only if:

                (a)    the applicant possesses a knowledge of the English language that is sufficient to enable him or her to safely exercise the authority given by the certificate; and

               (b)    the applicant is qualified to hold the certificate.

         (3)   CASA must not issue an aircraft radiotelephone operator certificate of proficiency to an applicant if the applicant:

                (a)    has knowingly or recklessly made a false or misleading statement in relation to the application; or

               (b)    does not satisfy the requirements of subregulation (2).

83B         Aircraft radiotelephone operator certificate of proficiency: notice of decision

         (1)   CASA must, in writing, notify an applicant for an aircraft radiotelephone operator certificate of proficiency of CASA’s decision in relation to the application.

         (2)   If CASA decides not to issue the certificate, CASA must include in the notice required by subregulation (1), a statement of the reasons for that decision.

83C         Aircraft radiotelephone operator certificate of proficiency: conditions

         (1)   CASA may issue an aircraft radiotelephone operator certificate of proficiency subject to any condition that is necessary in the interests of the safety of air navigation.

         (2)   A person must not contravene a condition subject to which his or her certificate is issued.

Penalty:   10 penalty units.

         (3)   A condition must be set out in:

                (a)    the notice under subregulation 83B (1); or

               (b)    the certificate; or

                (c)    Civil Aviation Orders under regulation 303.

         (4)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

83D         Aircraft radiotelephone operator certificate of proficiency: duration

                An aircraft radiotelephone operator certificate of proficiency remains in force until it is suspended or cancelled.

83E         Aircraft radiotelephone operator certificate of proficiency: qualifications

         (1)   For the purposes of subregulation 83A (2), a person is qualified to hold an aircraft radiotelephone operator certificate of proficiency if:

                (a)    an approved check radio operator or a CASA flying operations inspector is satisfied that the person can use and understand radiotelephonic language safely in:

                          (i)    a normal situation; and

                         (ii)    an emergency situation; and

               (b)    the person has received instruction in all operating and fault finding procedures relating to a radiocommunication system used for the purpose of ensuring the safety of air navigation; and

                (c)    the person has been awarded a pass in:

                          (i)    an aircraft radiotelephone certificate oral examination; and

                         (ii)    an aircraft radiotelephone certificate practical test.

         (2)   In spite of subregulation (1), a person is qualified to hold an aircraft radiotelephone operator certificate of proficiency if the person holds or has held:

                (a)    a flight radiotelephone operator licence; or

               (b)    an overseas radio licence.

         (3)   CASA may set and conduct:

                (a)    an aircraft radiotelephone certificate oral examination; and

               (b)    an aircraft radiotelephone certificate practical test.

83F         Aircraft radiotelephone operator certificate of proficiency: conduct of examination and test

         (1)   An aircraft radiotelephone operator oral examination and an aircraft radiotelephone operator practical test must be conducted only by a CASA flying operations inspector or an approved check radio operator.

         (2)   If:

                (a)    a person attempts an aircraft radiotelephone certificate oral examination or an aircraft radiotelephone certificate practical test; and

               (b)    the requirements of subregulation (1) are not satisfied in relation to the examination or test;

the person is taken not to have been awarded a pass in the examination or test.

84            Use and operation of radiocommunication systems by foreign aircraft

         (1)   The pilot in command of a foreign aircraft in which a radiocommunication system is installed, or carried, and that is in Australian territory:

                (a)    must not use, or permit the use of, the radiocommunication system if there is not in force a licence to install and operate the radiocommunication system issued by the appropriate authority of the country of nationality of the aircraft;

               (b)    must not operate the radiocommunication system if the pilot is not the holder of an appropriate licence issued by the appropriate authority of the country of nationality of the aircraft; and

                (c)    must not permit the operation of the radiocommunication system by a person who is not the holder of a licence of a kind referred to in the last preceding paragraph.

Penalty:   10 penalty units.

         (2)   Subregulation (1) applies only to a radiocommunication system installed or carried for the purpose of ensuring the safe navigation of the aircraft.

         (3)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

85            Directions under Part 8

                A direction given under this Part does not have effect in relation to a person until it has been served on the person.


 

Part 9                 Aerodromes

Division 8              Use of aerodromes

90            Access of official aircraft to aerodromes

                Notwithstanding anything contained in this Part, all aircraft belonging to or employed in the service of the Crown shall have access, at all times, to any licensed aerodrome.

91            Use of aerodromes by aircraft of Contracting States

         (1)   Aerodromes established under the Air Navigation Regulations or licensed under this Part and open to public use shall be open to any aircraft which possesses the nationality of a Contracting State.

         (2)   Subject to these regulations, an aircraft which possesses the nationality of a Contracting State shall be entitled to use the aerodromes and all air navigation facilities, including radio and meteorological services, which are provided for public use for the safety and expedition of air navigation.

92            Use of aerodromes

         (1)   A person must not land an aircraft on, or engage in conduct that causes an aircraft to take off from, a place that does not satisfy one or more of the following requirements:

                (a)    the place is an aerodrome established under the Air Navigation Regulations;

               (b)    the use of the place as an aerodrome is authorised by a certificate granted, or registration, under Part 139 of CASR;

                (c)    the place is an aerodrome for which an arrangement under section 20 of the Act is in force and the use of the aerodrome by aircraft engaged in civil air navigation is authorised by CASA under that section;

               (d)    the place (not being a place referred to in paragraph (a), (b) or (c)) is suitable for use as an aerodrome for the purposes of the landing and taking-off of aircraft;

and, having regard to all the circumstances of the proposed landing or take-off (including the prevailing weather conditions), the aircraft can land at, or take-off from, the place in safety.

Penalty:   25 penalty units.

         (2)   CASA may, in relation to an aerodrome, issue directions relating to the safety of air navigation.

         (3)   A person must not contravene a direction.

Penalty:   25 penalty units.

         (4)   An offence against subregulation (1) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

92A         Use of aerodromes in regular public transport operations

         (1)   Subject to subregulation (2), the pilot in command of an aircraft that:

                (a)    is employed in a regular public transport operation; and

               (b)    has a maximum carrying capacity, for that operation, that exceeds 30 seats or 3,400 kilograms;

must not engage in conduct that causes the aircraft to land at, or take off from, a place that is not a licensed aerodrome.

Penalty:   10 penalty units.

         (2)   The aircraft may land at, or take-off from, an aerodrome that is not a licensed aerodrome, if:

                (a)    the aircraft does so in accordance with subregulation (4); and

               (b)    the aerodrome is:

                          (i)    a military aerodrome; or

                         (ii)    an aerodrome outside Australian territory; or

                         (iii)    an alternate aerodrome.

         (3)   Except in an emergency, an aircraft that:

                (a)    is employed in a regular public transport operation; and

               (b)    has a maximum carrying capacity, for that operation, equal to, or less than, 30 seats or 3,400 kilograms;

must not land at, or take-off from, an aerodrome, except in accordance with subregulation (4) or (4A).

         (4)   The pilot in command of an aircraft must not land the aircraft at, or engage in conduct that causes the aircraft to take off from, an aerodrome that is not a licensed aerodrome if each of the following requirements is not satisfied:

                (a)    the aerodrome meets the requirements of subregulation (5);

               (b)    the aerodrome operator has arrangements to warn the aircraft operator or pilot in command of any occurrence of the kind referred to in subregulation 139.155 (1) of CASR.

Penalty:   10 penalty units.

      (4A)   The operator of an aircraft must not permit the aircraft to land at or take off from an aerodrome that is not a licensed aerodrome if each of the following requirements is not satisfied:

                (a)    the aerodrome meets the requirements of subregulation (5);

               (b)    the aerodrome operator has arrangements to warn the aircraft operator or pilot in command of any occurrence of the kind referred to in subregulation 139.155 (1) of CASR.

Penalty:   10 penalty units.

         (5)   For the purposes of paragraphs (4) (a) and (4A) (a), despite the repeal of Division 4 of this Part by the Civil Aviation Amendment Regulations 2003 (No. 1), the requirements are those of subregulation 92A (5), as in force on 1 May 2003.

Note   The text of that subregulation, as in force on 1 May 2003, is available on SCALEplus at http://scaleplus.law.gov.au/html/histreg/6/3203/rtf/CivilAviation1988Vol2.rtf.

      (5A)   An aerodrome or an aerodrome operator is taken to comply with a requirement of subregulation 92A (5) (as in force on 1 May 2003) if:

                (a)    the aerodrome or the operator complies with a requirement of Part 139 of CASR that corresponds to the requirement of that subregulation; or

               (b)    under Subpart 202.GA of CASR, the aerodrome or the operator is taken to so comply.

Note   Regulation 202.705 of CASR provides for the continuation in force of certain exemptions granted under regulation 89ZD.

         (6)   This regulation does not affect the operation of regulation 224 or any other provision with which the operator or pilot in command of an aircraft landing at, or taking off from, an aerodrome is required to comply.

         (7)   An offence against subregulation (1), (4) or (4A) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (8)   It is a defence to a prosecution under subregulation (1) if the landing or take-off occurred in an emergency.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (8) (see subsection 13.3 (3) of the Criminal Code).

93            Protection of certain rights

                Nothing in these regulations shall be construed as conferring on any aircraft, as against the owner of any land or any person interested therein, the right to alight on that land, or as prejudicing the rights or remedies of any person in respect of any injury to persons or property caused by the aircraft.

Division 9              Removal or marking of obstructions or other hazards

94            Dangerous lights

         (1)   Whenever any light is exhibited at or in the neighbourhood of an aerodrome, or in the neighbourhood of an air route or airway facility on an air route or airway, and the light is likely to endanger the safety of aircraft, whether by reason of glare, or by causing confusion with, or preventing clear reception of, the lights or signals prescribed in Part 13 or of air route or airway facilities provided under the Air Services Act 1995; CASA may authorise a notice to be served upon the owner of the place where the light is exhibited or upon the person having charge of the light directing that owner or person, within a reasonable time to be specified in the notice, to extinguish or to screen effectually the light and to refrain from exhibiting any similar light in the future.

         (2)   An owner or person on whom a notice is served under this regulation must comply with the directions contained in the notice.

Penalty:   25 penalty units.

      (2A)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

      (2B)   It is a defence to a prosecution under subregulation (2) if the defendant had a reasonable excuse.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (2B) (see subsection 13.3 (3) of the Criminal Code).

         (3)   If any owner or person on whom a notice under this regulation is served fails, within the time specified in the notice, to extinguish or to screen effectually the light mentioned in the notice, CASA may authorise an officer, with such assistance as is necessary and reasonable, to enter the place where the light is and extinguish or screen the light, and may recover the expenses incurred by CASA in so doing from the owner or person on whom the notice has been served.

95            Removal or marking of objects which constitute obstructions or potential hazards to air navigation

         (1)   Subject to subregulation (6), whenever any object which is located on or within the defined limits of an aerodrome open to public use by aircraft engaged in international air navigation or air navigation within a Territory and which projects above the surfaces specified in subregulation (5) constitutes an obstruction or a potential hazard to aircraft moving in the navigable air space in the vicinity of an aerodrome, CASA may authorise a notice to be served upon the owner of the property in which the object is located directing the owner, within such reasonable time as is specified in the notice:

                (a)    to remove the object or such portion of it specified in the notice as is practicable and necessary; or

               (b)    to install and operate lights on the object and mark it in accordance with the requirements of the Convention.

         (2)   The notice may be served either personally or by post or by affixing it in some conspicuous place near to the object to which the notice relates.

         (3)   A person is guilty of an offence if:

                (a)    CASA serves on the person a notice under this regulation; and

               (b)    the person fails to comply with the directions contained in the notice.

Penalty:   25 penalty units.

      (3A)   If CASA serves a notice on a person under this regulation and the person does not comply with the directions in the notice, CASA may authorise an officer, with such assistance as is necessary and reasonable:

                (a)    to enter the place where the object is located; and

               (b)    to carry out the directions contained in the notice.

      (3B)   An offence against subregulation (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (4)   All reasonable expenses and the amount of any actual loss or damage incurred and suffered by any person in complying with the directions contained in a notice served upon him in pursuance of this regulation may be recovered from CASA.

         (5)   For the purposes of this regulation, the defined limits of an aerodrome means the area enclosed by the perimeter of the surface specified in paragraph (a), and the surfaces referred to in subregulation (1) are:

                (a)    the surface 45 metres above the elevation of the nearest limit of the landing area and extending horizontally outward for a distance of 3,000 metres;

               (b)    the surface extending outward from the end of a landing strip having the following dimensions and slopes:

                          (i)    in the case of an aerodrome open only to aircraft making non-instrument approaches — the width of the landing strip at the landing strip end; a width of 750 metres at a point 3,000 metres outward from the end of the landing strip and a slope of 1 in 40 rising outward from the end of the landing strip; or

                         (ii)    in the case of an aerodrome open to aircraft making instrument approaches — the width of the landing strip at the landing strip end, a width of 1,200 metres at a point 3,000 metres outward from the end of the landing strip and a slope of 1 in 50 rising outward from the end of the landing strip;

                (c)    the surface sloping upwards and outwards from the edge of the surface specified in paragraph (b) to the intersection with the surface specified in paragraph (a) and having a slope of 1 in 7; and

               (d)    the surface sloping upwards and outwards from the boundary of the landing area to the intersection with the surface specified in paragraph (a) and having a slope of 1 in 7.

         (6)   This regulation does not apply to or in relation to an aerodrome referred to in a plan in a Schedule to the Civil Aviation (Buildings Control) Regulations.

96            Dumping of rubbish

         (1)   In this regulation, aerodrome means:

                (a)    an aerodrome established under the Air Navigation Regulations;

               (b)    a place the use of which as an aerodrome is authorised by a certificate granted, or registration, under Part 139 of CASR; or

                (c)    an aerodrome in respect of which an arrangement under section 20 of the Act is in force.

         (2)   Where CASA is satisfied that the presence of waste foodstuffs in the vicinity of an aerodrome constitutes or may constitute such an attraction to birds as to create a hazard or a potential hazard to aircraft using that aerodrome or flying in the vicinity of that aerodrome, CASA may, by notice in the Gazette, declare that area to be an area of land to which this regulation applies.

         (3)   A person shall not leave waste foodstuffs on, or bring waste foodstuffs onto, an area of land to which this regulation applies.

Penalty:   50 penalty units.

         (4)   CASA may, by notice in writing, require the owner of land on which waste foodstuffs are, being land within an area of land to which this regulation applies, to remove, within a time specified in the notice, the waste foodstuffs from his or her land to a place outside an area of land to which this regulation applies or to deal, within a time, and in a manner, specified in the notice, with the waste foodstuffs.

         (5)   A notice under subregulation (4) may be served personally or by post.

         (6)   A person shall not fail to comply with the requirements of a notice served on him or her under subregulation (4).

Penalty:   50 penalty units.

      (6A)   An offence against subregulation (3) or (6) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (7)   If a person on whom a notice under subregulation (4) is served fails to comply with the requirements of the notice, an officer authorised for the purpose by CASA may, with such assistance as is necessary and reasonable, enter upon the land and remove or deal with the waste foodstuffs.


 

Part 10               Air Traffic Services and other services

Division 1              Air Traffic Services

99AA      Air Traffic — Services, directions and instructions

         (3)   A pilot in command of an aircraft must not engage in a V.F.R. flight in airspace designated as belonging to Class A airspace without CASA’s approval.

Penalty:   50 penalty units.

         (5)   CASA may give directions or instructions about the use of a class of airspace, a controlled aerodrome, a control area or a control zone by either or both of the following:

                (a)    aircraft engaged in I.F.R. flights;

               (b)    aircraft engaged in V.F.R. flights.

      (5A)   If:

                (a)    an area of Australian territory has been declared to be a restricted area or a danger area; and

               (b)    the airspace above that area is, or is part of, a class of airspace;

CASA may give directions or instructions about the use of the airspace above that area that are different from instructions it gives under subregulation (5) about the use of the class of airspace.

         (6)   A direction, instruction or particulars of a service must be given by means of Civil Aviation Orders or published in AIP or NOTAMS.

      (6A)   A direction or an instruction under subregulation (5) or (5A) that is not given by means of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

         (7)   A pilot in command of an aircraft must not engage in a flight, or part of a flight, in contravention of a direction or instruction under subregulation (5) or (5A).

Penalty:   50 penalty units.

         (8)   An offence against subregulation (3) or (7) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

99A         Broadcasts to be made at certain aerodromes

         (1)   CASA may:

                (a)    designate an aerodrome as an aerodrome at which broadcast requirements apply; and

               (b)    designate airspace within defined horizontal and vertical limits as an area in which broadcast requirements apply.

         (3)   CASA may give directions specifying:

                (a)    the broadcast requirements that apply; and

               (b)    the radio frequency on which broadcasts must be made;

at a particular aerodrome, or in a particular area, designated under subregulation (1).

         (4)   If CASA gives a direction, it must publish a notice setting out the details of the direction in AIP or NOTAMS.

         (5)   A pilot in command of an aircraft that is operating at an aerodrome or area designated under subregulation (1) must not contravene a direction that applies to that aerodrome or area.

Penalty:   50 penalty units.

         (6)   An offence against subregulation (5) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (7)   It is a defence to a prosecution under subregulation (5) if the defendant had a reasonable excuse.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (7) (see subsection 13.3 (3) of the Criminal Code).

100         Compliance with air traffic control clearances and air traffic control instructions

         (1)   The pilot in command of an aircraft must comply with air traffic control instructions.

Penalty:   50 penalty units.

         (2)   The pilot in command of an aircraft must not allow the aircraft to:

                (a)    enter, operate in, or leave a control area;

               (b)    operate outside a control area as a result of a diversion out of that control area in accordance with air traffic control instructions; or

                (c)    enter, operate in, or leave a control zone or operate at a controlled aerodrome;

if the movement or operation is not in accordance with an air traffic control clearance in respect of the aircraft.

Penalty:   50 penalty units.

      (2A)   Subregulation (2) does not apply if the movement or operation:

                (a)    is authorised by:

                          (i)    air traffic control; or

                         (ii)    a notification in Aeronautical Information Publications or NOTAMS; or

               (b)    is made in an emergency in accordance with subregulation (3).

         (3)   If an emergency arises that, in the interests of safety, necessitates a deviation from the requirements of an air traffic control clearance or air traffic control instructions, the pilot in command may make such deviation as is necessary but shall forthwith inform air traffic control of the deviation.

Penalty:   5 penalty units.

         (4)   An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

101         Procedure when air traffic control not in operation

                An aircraft operating in a control zone or at a controlled aerodrome shall not be required to comply with the provisions of paragraph 100 (2) (c) during any period in which air traffic control is not in operation in respect of that control zone or controlled aerodrome.

105         Temporary medical unfitness of holder of licence

         (1)   If:

                (a)    the holder of an air traffic controller licence; or

               (b)    a person referred to in paragraph 65.035 (3) (a) or (d) of CASR;

suffers an incapacity resulting from illness or injury (even if only a temporary incapacity resulting from a common minor ailment) that is likely to impair his or her efficiency in performing the duties that he or she is licensed or authorised to perform, he or she shall not, during the period of incapacity, perform those duties.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

115         Medical unfitness of holder of licence

                Where a person, being:

                (a)    the holder of a flight service licence; or

               (b)    a person referred to in paragraph 65.050 (3) (a) or (d) of CASR;

suffers an incapacity resulting from illness or injury (even if only a temporary incapacity resulting from a common minor ailment) that is likely to impair his or her efficiency in performing the duties that he or she is licensed or authorised to perform, he or she shall not, during the period of incapacity, perform those duties.

Division 2              Meteorological services

120         Weather reports not to be used if not made with authority

         (1)   The operator or pilot in command of an aircraft must not use weather reports of actual or forecasted meteorological conditions in the planning, conduct and control of a flight if the meteorological observations, forecasts or reports were not made with the authority of:

                (a)    the Director of Meteorology; or

               (b)    a person approved for the purpose by CASA.

Penalty:   5 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Division 3              Statistical returns

132         Statistical returns

         (1)   The owner of any aircraft shall furnish to CASA, or to an authorised officer, such statistical returns or other information relating to the aircraft and the crew thereof, the goods carried, other work performed by the aircraft, the journeys made by the aircraft, and the development of defects or failures in the aircraft, its engines or its accessories as CASA from time to time directs.

Penalty:   10 penalty units.

         (2)   An airline, or the owner of an aircraft engaged in public transport service, which uses any air route or airway facility maintained and operated by AA must give CASA or an authorised officer any traffic reports that CASA requires.

Penalty:   5 penalty units.

         (3)   A person must not disclose information received under subregulation (2) if the disclosure is not:

                (a)    in the course of duty to another person performing duties under these regulations;

               (b)    with the consent of the airline or owner of the aircraft; or

                (c)    in pursuance of subregulation (4).

Penalty:   5 penalty units.

      (3A)   An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (4)   In accordance with Article 67 of the Convention, CASA shall transmit to the Council of the International Civil Aviation Organization such of the particulars supplied in accordance with subregulation (2) as relate to the international operations of Australian airlines engaged in such operations.


 

Part 11               Conditions of flight

Division 1              General

133         Conditions to be met before Australian aircraft may fly

         (1)   Subject to regulation 317 and regulation 21.197 of CASR, the pilot in command of an Australian aircraft must not commence a flight if each of the following requirements is not satisfied:

                (a)    the aircraft has a nationality mark and a registration mark painted on, or affixed to, it in accordance with Part 45 of CASR;

                (c)    the flight is not in contravention of any condition that:

                          (i)    is set out or referred to in the maintenance release or in any other document approved for use as an alternative to the maintenance release for the purposes of regulation 49, or subregulation 43 (10); or

                         (ii)    is applicable to the maintenance release by virtue of a direction given under regulation 44;

               (d)    any maintenance that is required to be carried out before the commencement of the flight, or that will be required to be carried out before the expiration of the flight, to comply with any requirement or condition imposed under these regulations with respect to the aircraft has been certified, in accordance with regulation 42ZE or 42ZN, to have been completed;

                (e)    the aircraft complies with these regulations in respect of the number and description of, and the holding of licences and ratings by, the operating crew.

Penalty:   50 penalty units.

         (2)   Paragraph (1) (d) does not apply to any maintenance that was required to be carried out before:

                (a)    the issue of the maintenance release in force, or the last maintenance release that was in force, for the aircraft; or

               (b)    if the maintenance release was not a maintenance release issued because of paragraph 43 (7) (a) — the issue of the last maintenance release for the aircraft issued because of that paragraph.

         (3)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

135         Foreign aircraft of Contracting States

         (1)   Subject to regulation 135A, the pilot in command of an aircraft possessing the nationality of a Contracting State must not allow the aircraft to fly within, or depart from, Australian territory if the aircraft does not comply with the provisions of these Regulations that are expressed to apply to such aircraft and the requirements of the Convention in respect of:

                (a)    its nationality mark and registration mark;

               (b)    its certificate of airworthiness;

                (c)    the number and description of, and the holding of licences and ratings by, the operating crew;

               (d)    the documents to be carried;

                (e)    the flight and manoeuvre of aircraft; and

                (f)    the provision of radio apparatus.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

135A       Special flight authorisation

         (1)   An aircraft to which regulation 135 applies may be operated without the certificate of airworthiness mentioned in paragraph 135 (b) if a special flight authorisation for the operation is issued under this regulation.

         (2)   A person may apply to CASA for a special flight authorisation for an aircraft that possesses the nationality of a Contracting State.

         (3)   An application for a special flight authorisation must be in a form and manner acceptable to CASA.

         (4)   CASA may issue the authorisation subject to the conditions (if any) that CASA considers necessary for the safety of other airspace users and persons on the ground or water.

         (5)   Any conditions imposed under this regulation must be in writing and set out in, or attached to, the authorisation.

         (6)   A person must not contravene a condition of a special flight authorisation.

Penalty:   50 penalty units.

Source   FARs section 91.715 modified.

         (7)   An offence against subregulation (6) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

136         Foreign state aircraft

                A state aircraft other than an Australian military aircraft shall not fly over or land on Australian territory except on the express invitation or with the express permission of CASA, but any aircraft so flying or landing on such invitation or with such permission shall be exempt from the provisions of these regulations except to such extent as is specified in the invitation or permission.

138         Pilot to comply with requirements etc of aircraft’s flight manual etc

         (1)   If a flight manual has been issued for an Australian aircraft, the pilot in command of the aircraft must comply with a requirement, instruction, procedure or limitation concerning the operation of the aircraft that is set out in the manual.

Penalty:   50 penalty units.

         (2)   If a flight manual has not been issued for an Australian aircraft and, under the relevant airworthiness standards for the aircraft, the information and instructions that would otherwise be contained in an aircraft’s flight manual are to be displayed either wholly on a placard, or partly on a placard and partly in another document, the pilot in command of the aircraft must comply with a requirement, instruction, procedure or limitation concerning the operation of the aircraft that is set out:

                (a)    on the placard; or

               (b)    on the placard or in the other document.

Penalty:   50 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

139         Documents to be carried in Australian aircraft

         (1)   Subject to subregulation (2), the pilot in command of an aircraft, when flying, must carry on the aircraft:

                (a)    its certificate of registration;

               (b)    its certificate of airworthiness;

                (c)    unless CASA otherwise approves, its maintenance release and any other document approved for use as an alternative to the maintenance release for the purposes of a provision of these regulations;

               (d)    unless CASA otherwise approves, the licences and medical certificates of the operating crew;

                (e)    the flight manual (if any) for the aircraft;

                (f)    any licence in force with respect to the radio equipment in the aircraft;

                (g)    if the aircraft is carrying passengers — a list of the names, places of embarkation and places of destination of the passengers;

                (h)    if the aircraft is carrying cargo — the bills of lading and manifests with respect to the cargo.

Penalty:   10 penalty units.

         (2)   An aircraft operating wholly within Australian territory is not required, when flying, to carry a document specified in paragraph (1) (a), (b), (f) or (g).

         (3)   An aircraft that is operated under an AOC need not carry its flight manual when flying if it carries on board an operations manual that:

                (a)    contains the information and instructions that are required, under the relevant airworthiness standards for the aircraft, to be included in the flight manual; and

             (b)    does not contain anything that conflicts with the information or instructions.

         (4)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (5)   It is a defence to a prosecution under subregulation (1) if the flight was authorised by:

                (a)    a permission to fly under regulation 317; or

               (b)    a special flight permit issued under regulation 21.197 of CASR.

Note   A defendant bears an evidential burden in relation to the matters in subregulation (5) (see subsection 13.3 (3) of the Criminal Code).

140         Prohibited, restricted and danger areas

         (4)   The pilot in command of an aircraft must not fly the aircraft over a prohibited area.

Penalty:   25 penalty units.

         (5)   The pilot in command of an aircraft must not fly the aircraft over a restricted area if the flight is not in accordance with conditions specified in the notice declaring the area to be a restricted area.

Penalty:   25 penalty units.

         (6)   If the pilot in command of an aircraft finds that the aircraft is over a prohibited area or a restricted area in contravention of subregulation (4) or (5), the pilot must:

                (a)    immediately have the aircraft flown to a position where it is not over the area; and

               (b)    when the aircraft reaches a position where it is not over the area, report the circumstances to air traffic control; and

                (c)    land at such aerodrome as is designated by air traffic control and, for that purpose, obey any instructions given by air traffic control as to the movement of the aircraft.

Penalty:   25 penalty units.

         (7)   An offence against subregulation (4), (5) or (6) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

141         Low flying etc in flying training areas

         (1)   CASA may authorise low flying or acrobatic flying over a specified part of a flying training area for the purposes of flying training.

         (2)   A person must not engage in low flying or acrobatic flying in a flying training area for the purposes of flying training if the flying is not in accordance with an authorisation issued under subregulation (1).

Penalty:   50 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

143         Carriage of firearms

         (1)   A person, including a flight crew member, must not carry a firearm in, or have a firearm in his or her possession in, an aircraft other than an aircraft engaged in charter operations or regular public transport operations.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   It is a defence to a prosecution under subregulation (1) if the person had the written permission of CASA to have the firearm in the aircraft.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

144         Discharge of firearms in or from an aircraft

         (1)   A person, including a flight crew member, must not discharge a firearm while on board an aircraft.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   It is a defence to a prosecution under subregulation (1) if:

                (a)    the person had the written permission of CASA to discharge the firearm while on board the aircraft; and

               (b)    the firearm was discharged in accordance with the conditions (if any) specified in the permission.

Note   A defendant bears an evidential burden in relation to the matters in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

145         Emergency authority

                In conforming with the rules contained in the provisions of Division 2 of this Part and in the provisions of Parts 12 and 13, the pilot in command of an aircraft shall pay due regard to all dangers of navigation and collision and to any special circumstances which may render a departure from those rules necessary in order to avoid immediate danger.

146         Liability as to neglect of rules regarding lights etc

                Nothing in the rules contained in the provisions of Division 2 of this Part and in the provisions of Parts 12 and 13 shall exonerate any aircraft or the owner or hirer or pilot in command or crew thereof from the consequence of any neglect in the use of lights and signals, of any neglect to keep a proper lookout, or of the neglect of any precaution required by the ordinary practice of the air or the special circumstances of the case.

147         Australian aircraft in or over territory of a State which is not a Contracting State

                When an Australian aircraft is in or over the territory of a State which is not a Contracting State, the rules contained in the provisions of Division 2 of this Part and the provisions of Parts 12 and 13 shall apply to the aircraft only in so far as those rules do not conflict with the laws of that State.

Division 2              Flight rules

149         Towing

         (1)   Subject to this regulation, the pilot in command of an aircraft in flight shall not permit anything to be towed by the aircraft.

Penalty:   50 penalty units.

         (2)   Nothing in this regulation shall prevent the reasonable use or display from an aircraft in flight of radio aerials, or any signal apparatus, equipment or article required or permitted to be displayed or used by or from an aircraft in flight in accordance with the rules contained in the provisions of this Division and in the provisions of Parts 12 and 13.

         (3)   Instruments for experimental purposes may be towed if the prior approval of CASA has been given.

         (4)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (5)   It is a defence to a prosecution under subregulation (1) if:

                (a)    the pilot in command had the written permission of CASA for the towing; and

               (b)    the towing was done in accordance with the directions (if any) specified in the permission.

Note   A defendant bears an evidential burden in relation to the matters in subregulation (5) (see subsection 13.3 (3) of the Criminal Code).

150         Dropping of articles

         (1)   Subject to this regulation, the pilot in command of an aircraft in flight shall not permit anything to be dropped from the aircraft.

Penalty:   25 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   Nothing in this regulation shall prevent:

                (a)    the dropping of packages or other articles or substances:

                          (i)    in the course of agricultural operations; or

                         (ii)    in the course of cloud seeding operations; or

                         (iii)    in the course of firefighting operations; or

                        (iv)    to initiate controlled burning; or

                         (v)    in the course of search and rescue operations; or

                        (vi)    to deliver emergency medical supplies; or

                        (vii)    to deliver emergency food supplies; or

                       (viii)    in the course of other operations;

                        in accordance with directions issued by CASA:

                        (ix)    to ensure the safety of the aircraft as far as practicable; and

                         (x)    to minimise hazard to persons, animals or property;

               (b)    the dropping of ballast in the form of fine sand or water;

                (c)    the use of apparatus solely for the purpose of navigating an aircraft where the approval of CASA to the type of apparatus and the method of use has previously been notified; or

               (d)    in an emergency, the jettisoning of liquid fuel or cargo over areas where hazard to persons or property on the ground or water is not created.

151         Picking up of persons or objects

         (1)   The pilot in command of an aircraft in flight must not allow persons or objects to be picked up by the aircraft.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   It is a defence to a prosecution under subregulation (1) if:

                (a)    CASA gave prior written authority for the person or object to be picked up while the aircraft was in flight; and

               (b)    the person or object was picked up in accordance with the conditions (if any) specified in the authority.

Note   A defendant bears an evidential burden in relation to the matters in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

152         Parachute descents

         (1)   A person must not make a parachute descent if the descent is not:

                (a)    authorised in writing by CASA; and

               (b)    conducted in accordance with the written specifications of CASA.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   It is a defence to a prosecution under subregulation (1) if the parachute descent was a necessary emergency descent.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

153         Flight under simulated instrument flying conditions

         (1)   The pilot must not fly an aircraft under simulated instrument flying conditions if each of the following requirements is not satisfied:

                (a)    fully functioning dual controls are installed in the aircraft;

               (b)    a competent pilot occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions and:

                          (i)    the safety pilot has adequate vision forward and to each side of the aircraft; or

                         (ii)    if the safety pilot’s field of vision is limited, a competent observer in communication with the safety pilot occupies a position in the aircraft from which his or her field of vision supplements that of the safety pilot.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

155         Acrobatic flight

         (1)   A pilot in command of an aircraft must not do any of the following:

                (a)    fly the aircraft in acrobatic flight at night;

               (b)    fly the aircraft in acrobatic flight that is not in V.M.C.;

                (c)    fly the aircraft in a particular kind of acrobatic flight if the certificate of airworthiness, or the flight manual, for the aircraft does not specify that the aircraft may perform that kind of acrobatic flight.

Penalty:   25 penalty units.

         (2)   For the purposes of subregulation (1), straight and steady stalls or turns in which the angle of bank does not exceed 60 degrees shall be deemed not to be acrobatic flight.

         (3)   A person must not engage in acrobatic flight in an aircraft:

                (a)    at a height lower than 3,000 feet above the highest point of the terrain, or any obstacle thereon, within a radius of 600 metres of a line extending vertically below the aircraft; or

               (b)    over a city, town, populous area, regatta, race meeting or meeting for public games or sports.

Penalty:   25 penalty units.

         (4)   Before engaging in acrobatic flight, the pilot of an aircraft shall take such action as is necessary to ensure that:

                (a)    any loose articles are removed from the aircraft or made secure in the aircraft;

               (b)    all locker and compartment doors of the aircraft are fastened;

                (c)    the safety harness or seat belt of any vacant seat is made secure so as to avoid the fouling of the controls of the aircraft;

               (d)    the dual controls (if any) of the aircraft are removed from the aircraft or rendered inoperative, unless the control seats are occupied in accordance with regulation 226 or the dual control seat is vacant; and

                (e)    every person in the aircraft is secured with correctly adjusted safety harness or seat belt.

Penalty:   25 penalty units.

         (5)   An offence against subregulation (1), (3) or (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (6)   It is a defence to a prosecution under paragraph (3) (a) if CASA gave written permission for the acrobatic flight at that height.

         (7)   It is a defence to a prosecution under paragraph (3) (b) if CASA gave written permission for the acrobatic flight over that place.

Note   A defendant bears an evidential burden in relation to the matters in subregulations (6) and (7) (see subsection 13.3 (3) of the Criminal Code).

156         Flying over public gatherings

         (1)   The pilot in command of an aircraft must not fly the aircraft over a regatta, race meeting or public gathering if:

                (a)    the pilot does not have the written permission of CASA for the flight; and

               (b)    the flight is not in accordance with the conditions specified in the permit.

Penalty:   10 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   Nothing in subregulation (1) shall apply to an aircraft passing over a regatta, race meeting or public gathering in the process of:

                (a)    arriving at or departing from an aerodrome in the course of its normal navigation for so doing; or

               (b)    passing from place to place in the ordinary course of navigation.

157         Low flying

         (1)   The pilot in command of an aircraft must not fly the aircraft over:

                (a)    any city, town or populous area at a height lower than 1,000 feet; or

               (b)    any other area at a height lower than 500 feet.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   A height specified in subregulation (1) is the height above the highest point of the terrain, and any object on it, within a radius of:

                (a)    in the case of an aircraft other than a helicopter — 600 metres; or

               (b)    in the case of a helicopter — 300 metres;

from a point on the terrain vertically below the aircraft.

      (3A)   Paragraph (1) (a) does not apply in respect of a helicopter flying at a designated altitude within an access lane details of which have been published in the AIP or NOTAMS for use by helicopters arriving at or departing from a specified place.

         (4)   Subregulation (1) does not apply if:

                (a)    through stress of weather or any other unavoidable cause it is essential that a lower height be maintained; or

               (b)    the aircraft is engaged in private operations or aerial work operations, being operations that require low flying, and the owner or operator of the aircraft has received from CASA either a general permit for all flights or a specific permit for the particular flight to be made at a lower height while engaged in such operations; or

                (c)    the pilot of the aircraft is engaged in flying training and flies over a part of a flying training area in respect of which low flying is authorised by CASA under subregulation 141 (1); or

               (d)    the pilot of the aircraft is engaged in a baulked approach procedure, or the practice of such procedure under the supervision of a flight instructor or a check pilot; or

                (e)    the aircraft is flying in the course of actually taking-off or landing at an aerodrome; or

                (f)    the pilot of the aircraft is engaged in:

                          (i)    a search; or

                         (ii)    a rescue; or

                         (iii)    dropping supplies;

                        in a search and rescue operation; or

                (g)    the aircraft is a helicopter:

                          (i)    operated by, or for the purposes of, the Australian Federal Police or the police force of a State or Territory; and

                         (ii)    engaged in law enforcement operations; or

                (h)    the pilot of the aircraft is engaged in an operation which requires the dropping of packages or other articles or substances in accordance with directions issued by CASA.

158         Reports at designated points or intervals

         (1)   If radio apparatus is fitted to an aircraft, and a Flight Plan has been submitted in respect of the flight, the time and altitude of passing each reporting point designated by air traffic control, together with any other required information, shall be reported by the pilot in command by radio as soon as possible to air traffic control, and, in the absence of designated reporting points, position reports shall be made at intervals specified by air traffic control.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

159         Procedure on radio failure

         (1)   If a radio failure or failure of radio navigation aid equipment precludes compliance with these regulations, the pilot in command of the aircraft must comply with any relevant instructions issued by CASA under regulation 159A.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

159A       Power of CASA to issue instructions

                CASA must issue written instructions specifying the procedures to be followed by a pilot in command of an aircraft in the event of the failure of the aircraft’s radio or radio navigation aid equipment.

159B      Manner of notifying instructions

                Instructions issued under regulation 159A must be published in the AIP and NOTAMS.


 

Part 12               Rules of the air

Division 1              General

160         Interpretation

                In this Division, an overtaking aircraft means an aircraft that approaches another aircraft from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter, that is to say, an aircraft that is in such a position with reference to another aircraft that at night it would be unable to see either of the forward navigation lights of the other aircraft.

161         Right of way

         (1)   An aircraft that is required by the rules in this Division to keep out of the way of another aircraft shall avoid passing over or under the other, or crossing ahead of it, unless passing well clear.

         (2)   The pilot in command of an aircraft that has the right of way must maintain its heading and speed, but nothing in the rules in this Division shall relieve the pilot in command of an aircraft from the responsibility of taking such action as will best avert collision.

Penalty:   25 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

162         Rules for prevention of collision

         (1)   When 2 aircraft are on converging headings at approximately the same height, the aircraft that has the other on its right shall give way, except that:

                (a)    power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons;

               (b)    airships shall give way to gliders and balloons;

                (c)    gliders shall give way to balloons; and

               (d)    power-driven aircraft shall give way to aircraft that are seen to be towing other aircraft or objects.

         (2)   When two aircraft are approaching head-on or approximately so and there is danger of collision, each shall alter its heading to the right.

         (3)   An aircraft that is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending, or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear.

         (4)   An overtaking aircraft shall not pass the aircraft that it is overtaking by diving or climbing.

         (5)   An aircraft in flight, or operating on the ground or water, shall give way to other aircraft landing or on final approach to land.

         (6)   When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the greater height shall give way to aircraft at the lesser height, but the latter shall not take advantage of this rule to cut-in in front of another that is on final approach to land, or overtake that aircraft.

         (7)   Notwithstanding anything contained in subregulation (6), power-driven heavier-than-air aircraft shall give way to gliders.

         (8)   An aircraft that is about to take-off shall not attempt to do so until there is no apparent risk of collision with other aircraft.

         (9)   The pilot in command of an aircraft must give way to another aircraft that is compelled to land.

Penalty:   25 penalty units.

       (10)   The pilot in command of an aircraft must comply with the rules in subregulations (1) to (8).

Penalty:   25 penalty units.

       (11)   An offence against subregulation (10) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

163         Operating near other aircraft

         (1)   The pilot in command of an aircraft must not fly the aircraft so close to another aircraft as to create a collision hazard.

Penalty:   50 penalty units.

         (2)   The pilot in command of an aircraft must not operate the aircraft on the ground in such a manner as to create a hazard to itself or to another aircraft.

Penalty:   50 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

163AA    Formation flying

         (1)   A pilot must not fly an aircraft in formation if each of the following requirements is not satisfied:

                (a)    each of the pilots in command is qualified to fly in formation;

               (b)    the formation is pre-arranged between the pilots in command;

                (c)    the formation flight is conducted either:

                          (i)    under the Visual Flight Rules by day; or

                         (ii)    under an approval given by CASA.

Penalty:   50 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   Unless otherwise approved by CASA, a pilot in command is qualified for the purposes of paragraph (1) (a) only if:

                (a)    the pilot has been certified by the holder of a flight instructor rating as being competent to fly in formation, being a rating that is appropriate to the category of aircraft to be flown in the formation; and

               (b)    the certification is entered in the pilot’s log book.

         (3)   For the purposes of this regulation, 2 or more aircraft are flown in formation if:

                (a)    they are flown in close proximity to each other; and

               (b)    they operate as a single aircraft with regard to navigation, position reporting and control.

         (4)   In determining whether aircraft are in close proximity to each other, regard is to be had to the type of aircraft in the formation and the speed of those aircraft.

         (5)   In spite of subregulation (3), aircraft are to be taken to be in formation:

                (a)    during any period when they are manoeuvring to achieve separation from each other in order to effect individual control; and

               (b)    during join-up and breakaway.

163A       Responsibility of flight crew to see and avoid aircraft

                When weather conditions permit, the flight crew of an aircraft must, regardless of whether an operation is conducted under the Instrument Flight Rules or the Visual Flight Rules, maintain vigilance so as to see, and avoid, other aircraft.

Division 2              Operation on and in the vicinity of aerodromes

164         Responsibility for compliance with rules of this Division

                When operating an aircraft on or in the vicinity of an aerodrome the pilot in command shall be responsible for compliance by the aircraft with the rules contained in this Division.

165         Temporary suspension of rules

                CASA may, in respect of any specified aerodrome, temporarily suspend, either wholly or in part, the application of the rules contained in this Division.

166         Operation on and in the vicinity of an aerodrome

         (1)   The pilot in command of an aircraft which is being operated on or in the vicinity of an aerodrome shall:

                (a)    observe other aerodrome traffic to avoid collision;

               (b)    conform with or avoid the pattern of traffic formed by other aircraft in operation;

                (c)    when approaching an aerodrome, other than a controlled aerodrome, for the purpose of landing, join the pattern of traffic in use for the landing direction in the up-wind, cross-wind or down-wind leg, as the case may be;

               (d)    make all turns to the left when approaching for a landing or after taking-off, if neither of the following applies:

                          (i)    CASA has directed otherwise for a particular aerodrome;

                         (ii)    air traffic control directs otherwise, either by radio, visual signal or signals displayed in the signal square;

                (e)    land and take-off, in so far as practicable, into the wind if air traffic control does not direct otherwise;

                (f)    before landing, descend in a straight line commencing at such a distance from the perimeter of an aerodrome as is common to the ordinary course of navigation for the aircraft type concerned, the commencement of that straight line not being nearer the perimeter of an aerodrome than 500 metres; and

                (g)    after take-off, not alter heading from the take-off heading at a height less than 500 feet above the terrain, if the alteration was not:

                          (i)    directed by air traffic control; or

                         (ii)    necessary due to the terrain.

Penalty:   25 penalty units.

         (2)   The provisions of paragraph (1) (c) do not apply to an aircraft conducting an instrument approach in I.M.C. if the instrument approach procedure requires the aircraft to join the pattern of traffic at any other point.

         (3)   The pilot in command of an aircraft that is being operated on or in the vicinity of an aerodrome shall not take the aircraft off from, or land the aircraft on, a part of the aerodrome outside the landing area of the aerodrome.

Penalty:   25 penalty units.

         (4)   An offence against subregulation (1) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

167         Procedure at controlled aerodromes

         (1)   If aerodrome control is in operation at an aerodrome, the pilot in command of an aircraft forming part of the aerodrome traffic shall:

                (a)    maintain a continuous listening watch on the radio frequency authorised for communications with aerodrome control service, or, if this is not possible, keep a watch for instructions which may be issued by visual signals; and

               (b)    obtain, either by radio or visual signals, prior authorisation for any manoeuvre preparatory to or associated with taxi-ing, landing or taking-off.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

168         Aerodromes at which the operation of aircraft is not restricted to runways

         (1)   Subject to this regulation, at aerodromes where the operation of aircraft is not restricted to prepared runways, the pilot in command of an aircraft must, as far as possible, observe the following rules when landing and taking off:

                (a)    aircraft, when landing, shall land on the right of any aircraft which has already landed or is about to land, or which is taking-off or about to take-off;

               (b)    aircraft, when taking-off, shall take-off on the right of any aircraft which is already taking-off;

                (c)    aircraft, when landing or taking-off, shall leave a reasonable space on the right for other aircraft to land or take-off;

               (d)    aircraft, when manoeuvring on the ground, shall normally do so in the direction of landing, but aircraft may cross the landing area if, in the course of the crossing, all turns are made to the left and the aircraft gives free way to all aircraft landing and taking-off.

Penalty:   25 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   The rules specified in paragraphs (1) (a), (b), (c) and (d) do not apply at an aerodrome at which they would otherwise apply:

                (a)    where CASA has directed that those rules are not to apply at that aerodrome;

               (b)    where a person performing duty in air traffic control has, by radio, directed that those rules are not to apply at that aerodrome; or

                (c)    where a right-handed arrow of conspicuous colour is displayed in the signal area or at the end of the runway or strip in use at that aerodrome.

         (3)   At an aerodrome at which a ground signal of the kind referred to in paragraph (2) (c) is displayed, aircraft, when landing and taking-off, as far as possible shall observe the rules specified in paragraphs (1) (a), (b) and (c) as if the references in those paragraphs to ‘the right’ were references to ‘the left’ and shall observe the rule specified in paragraph (1) (d) as if the reference in that paragraph to ‘the left’ was a reference to ‘the right’.

169         Preventing collisions on water

         (1)   The pilot in command of an aircraft in flight, or in the process of manoeuvring near the surface of the water, must, as far as possible:

                (a)    keep clear of all vessels; and

               (b)    not impede their navigation.

Penalty:   25 penalty units.

         (2)   Subject to this regulation, the pilot in command of an aircraft on the water must comply with the International Regulations for Preventing Collisions at Sea as set out in Schedule 3 to the Navigation Act 1912.

Penalty:   25 penalty units.

         (3)   In conforming with the International Regulations for Preventing Collisions at Sea, the pilot in command of an aircraft must give due regard to the fact that in narrow channels stem vessels cannot manoeuvre to avoid collision, and must, as far as possible:

                (a)    keep clear of such vessels; and

               (b)    not impede their navigation.

Penalty:   25 penalty units.

         (4)   Notwithstanding anything contained in the International Regulations for Preventing Collisions at Sea, the pilot in command of an aircraft must observe the following rules with respect to other aircraft and vessels:

                (a)    when aircraft, or an aircraft and a vessel are approaching one another and there is a risk of collision, the aircraft shall proceed with careful regard to existing circumstances and conditions including the limitations of the respective craft;

               (b)    an aircraft which is converging with another aircraft or a vessel on its right shall give way so as to keep well clear of that aircraft or vessel;

                (c)    an aircraft approaching another aircraft or a vessel head-on, or approximately head-on, shall alter its heading to the right so as to keep well clear of that aircraft or vessel;

               (d)    an aircraft or vessel which is being overtaken has the right of way, and the one overtaking shall alter its heading to keep well clear of the aircraft or vessel being overtaken.

Penalty:   25 penalty units.

         (5)   At a water aerodrome which is a controlled aerodrome, the following additional rules shall apply:

                (a)    the pilot in command of an aircraft must not take off or alight if the alighting area:

                          (i)    has not been swept; or

                         (ii)    is not clear of floating debris dangerous to the navigation of the aircraft;

               (b)    the pilot in command of an aircraft shall ensure that operations are conducted on the swept part of a water aerodrome by commencing his or her take-off or landing run from such a position that the control launch is on his or her left at no greater distance than seventy-five yards.

Penalty:   25 penalty units.

      (5A)   Paragraph (5) (a) does not apply in an emergency to an aircraft landing in the safest part of the alighting area without delay.

      (5B)   An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (6)   At a water aerodrome which is a controlled aerodrome, the swept part of an alighting area shall be indicated by the control launch which shall take up position at the leeward and on the left side of the area and shall head into the direction of an aircraft taking-off or landing.

Division 3              Visual flight rules

170         Interpretation

                In this Division, flight level 200, in relation to a time and place, means such a height above the ground or water that, if an aircraft were flying at that height at that time and place and had an altimeter adjusted to a reading on the sub-scale of 1013.2 millibars, the altimeter would show a height of 20,000 feet.

171         V.F.R. flight

         (1)   A flight conducted in accordance with the provisions of this Division is classed as a flight under the Visual Flight Rules.

         (2)   Where an aircraft cannot be flown in accordance with the Visual Flight Rules, the pilot in command shall comply with the Instrument Flight Rules contained in Division 4 of this Part or land at the nearest suitable aerodrome.

Penalty:   25 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

172         Flight visibility and distance from cloud

         (1)   The pilot in command of an aircraft must not conduct a V.F.R. flight at a height of, or less than, 2 000 feet above ground or water if:

                (a)    the pilot is not able to navigate by reference to the ground or water; and

               (b)    CASA has not directed that the flight may be conducted at a height of 2 000 feet or less.

Penalty:   50 penalty units.

         (2)   Subject to subregulation (4), the pilot in command must not conduct a V.F.R. flight if:

                (a)    the flight visibility during that flight is not equal to or greater than the applicable distance determined by CASA; and

               (b)    the vertical and horizontal distances from cloud are not equal to or greater than the applicable distances determined by CASA.

Penalty:   50 penalty units.

   (2AA)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

      (2A)   CASA may determine applicable distances for the purposes of subregulation (2).

      (2B)   CASA must notify the distances determined under subregulation (2A) in AIP or NOTAMS.

         (3)   When determining applicable distances, CASA may do so by reference to a class of airspace.

         (4)   In spite of subregulation (2), the pilot in command of an aircraft may conduct a special V.F.R. flight if:

                (a)    air traffic control gives permission for the flight; and

               (b)    the flight is conducted in accordance with any conditions to which the permission is subject.

         (5)   In this regulation:

special V.F.R. flight means a V.F.R. flight:

                (a)    conducted in a control zone; or

               (b)    conducted in a control area next to a control zone for the purpose of entering or leaving the zone;

when the flight visibility or distances from cloud are less than the applicable distances determined under subregulation (2).

173         Cruising level to be appropriate to magnetic track

         (1)   When a V.F.R. flight is conducted at a height of 5,000 feet or more above mean sea level, the pilot in command must, subject to any contrary air traffic control instructions, ensure that the cruising level of the aircraft is appropriate to its magnetic track.

Penalty:   25 penalty units.

         (2)   When a V.F.R. flight is conducted at a height less than 5,000 feet above mean sea level, the pilot in command must, subject to any contrary air traffic control instructions, ensure that the cruising level of the aircraft is, whenever practicable, appropriate to its magnetic track.

Penalty:   25 penalty units.

      (2A)   CASA must notify in AIP or NOTAMS the cruising levels appropriate to an aircraft’s magnetic track.

         (3)   The pilot in command of an aircraft must not conduct a V.F.R. flight at a height above flight level 200 if the pilot does not have CASA’s approval to conduct the flight at a height above that level.

Penalty:   25 penalty units.

         (4)   An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

174         Determination of visibility for V.F.R. flights

         (1)   Flight visibility shall be determined by the pilot in command from the cockpit of the aircraft while in flight.

         (3)   Subject to regulation 257, the pilot in command of an aircraft operating under the Visual Flight Rules is responsible for determining the visibility for the take-off and landing of the aircraft.

         (4)   In determining visibility for the purposes of this regulation, the pilot in command shall take into account the meteorological conditions, sunglare and any other condition that may limit his or her effective vision through his or her windscreen.

174A       Equipment of aircraft for V.F.R. flight

         (1)   CASA may issue instructions specifying:

                (a)    the radiocommunication systems; or

               (b)    the radio navigation systems; or

                (c)    the secondary surveillance radar transponder equipment;

that must be carried on, or installed in, an aircraft before it undertakes a V.F.R. flight.

      (1A)   Subject to subregulation (3), the pilot in command of an aircraft must not fly the aircraft under the V.F.R. if the aircraft is not equipped with:

                (a)    suitable flight instruments as directed by CASA; and

               (b)    the equipment specified in instructions issued under subregulation (1) in relation to the aircraft.

Penalty:   25 penalty units.

      (1B)   If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been:

                (a)    served on the person; or

               (b)    published in NOTAMS or AIP.

      (1C)   An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

         (2)   Subject to subregulation (4), the pilot in command of an aircraft must not fly the aircraft under the V.F.R. at night if, in addition to the equipment referred to in subregulation (1A), it is not also equipped with:

                (a)    a landing light;

               (b)    illumination for all instruments and equipment used by the flight crew, being instruments and equipment that are essential for the safe operation of the aircraft;

                (c)    lights in all passenger compartments;

               (d)    an electric torch for each crew member; and

                (e)    such other equipment as CASA directs in the interests of safety.

Penalty:   25 penalty units.

         (3)   In respect of an aircraft that is not equipped as referred to in subregulation (1A), CASA may give permission, subject to such conditions (if any) as are specified in the permission, for the aircraft to be flown under the V.F.R.

         (4)   In respect of an aircraft that is not equipped as referred to in subregulation (2), CASA may give permission, subject to such conditions (if any) as are specified in the permission, for the aircraft to be flown at night under the V.F.R.

         (5)   The pilot in command of an aircraft must not fly the aircraft in contravention of a condition of a permission given under this regulation.

Penalty:   25 penalty units.

         (6)   An offence against subregulation (1A), (2) or (5) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

174B      V.F.R. flights at night

         (1)   The pilot in command of an aircraft must not fly the aircraft at night under the V.F.R. at a height of less than 1 000 feet above the highest obstacle located within 10 miles of the aircraft in flight if it is not necessary for take-off or landing.

Penalty:   25 penalty units.

         (2)   The pilot in command of a single engine aircraft must not fly the aircraft at night under the V.F.R. if the flight is not in one of the following operations:

                (a)    private operations;

               (b)    aerial work operations;

                (c)    charter operations that do not involve the carrying of passengers for hire or reward;

               (d)    charter operations that involve the carrying of passengers for hire or reward, if:

                          (i)    the operator is approved in writing by CASA to conduct the operations; and

                         (ii)    the operations are conducted in a turbine powered aeroplane approved in writing by CASA for those operations.

Penalty:   25 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (4)   It is a defence to a prosecution under subregulation (1) if CASA gave permission for the flight.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

174C      Qualifications for night flying under V.F.R.

         (1)   Subject to this regulation, a person other than:

                (a)    in the case of agricultural operations — the holder of a licence on which a night V.F.R. agricultural rating has been endorsed; or

               (b)    in the case of any other flight — the holder of a licence on which a night V.F.R. rating has been endorsed; or

                (c)    a student pilot, or holder of a private pilot licence, commercial pilot licence or air transport pilot licence, permitted under Part 5 to fly an aircraft in a traffic pattern at night under the V.F.R;

shall not fly an aircraft at night under the V.F.R.

Penalty:   25 penalty units.

      (1A)   A pilot who holds a licence on which an instrument rating for a category of aircraft has been endorsed may fly an aircraft of the same category at night under the V.F.R.:

                (a)    using the types of navigation aids endorsed in the pilot’s log book for use with that rating; and

               (b)    subject to compliance with any conditions that CASA issues in Civil Aviation Orders in relation to aeronautical experience and recent experience.

      (1B)   CASA may give directions in Civil Aviation Orders setting out conditions for paragraph (1A) (b).

      (1C)   A pilot must not contravene a direction under subregulation (1B).

Penalty:   25 penalty units.

         (2)   CASA may give a pilot who does not hold a licence on which a night V.F.R. rating or a night V.F.R. agricultural rating has been endorsed permission to fly an aircraft at night under the V.F.R. on such terms and conditions as CASA may direct.

      (2A)   A pilot to whom permission has been given must not contravene a term or condition of the permission.

Penalty:   25 penalty units.

         (3)   In this regulation, a reference to flying an aircraft includes a reference to conducting a flight as pilot in command.

         (4)   An offence against subregulation (1), (1C) or (2A) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

174D      Navigation of aircraft on V.F.R. flight

         (1)   CASA may issue instructions in relation to V.F.R. flights specifying:

                (a)    the method by which an aircraft is to be navigated; or

               (b)    how a positive position fix for an aircraft is to be obtained; or

                (c)    how often a positive position fix is to be obtained.

         (2)   Subject to subregulation (4), the pilot in command of an aircraft must not fly the aircraft under the V.F.R. if it is not equipped:

                (a)    for navigation; and

               (b)    to obtain positive position fixes;

in accordance with instructions issued under subregulation (1).

Penalty:   25 penalty units.

      (2A)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been:

                (a)    served on the person; or

               (b)    published in NOTAMS or AIP.

      (3A)   An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

         (4)   CASA may give permission, subject to the conditions specified in the permission, for an aircraft to be flown under the V.F.R. if the aircraft is not equipped as required under subregulation (2).

Division 4              Instrument flight rules

175         I.F.R. flight

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

         (2)   Subject to subregulation (3), the pilot in command of an aircraft that is flying in weather conditions other than V.M.C. must comply with the I.F.R.

Penalty:   25 penalty units.

         (3)   Subregulation (2) does not apply to a pilot in command of an aircraft that is flying for the purpose of landing at the nearest suitable aerodrome under subregulation 171 (2).

         (4)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

175A       Restriction on I.F.R. flights by single engine aircraft

         (1)   The pilot in command of a single engine aircraft must not fly the aircraft under the I.F.R. if the flight is not in one of the following operations:

                (a)    private operations;

               (b)    aerial work operations;

                (c)    charter operations that do not involve the carrying of passengers for hire or reward;

               (d)    charter or regular public transport operations that involve the carrying of passengers for hire or reward, if:

                          (i)    the operator is approved in writing by CASA to conduct the operations; and

                         (ii)    the operations are conducted in a turbine powered aeroplane approved in writing by CASA for those operations.

Penalty:   25 penalty units.

         (2)   CASA may issue directions to an operator to ensure that any of the following matters do not affect the safety of a regular public transport operation to which paragraph (1) (d) refers:

                (a)    seasonal influences;

               (b)    the conduct of operations by night;

                (c)    adverse weather patterns;

               (d)    the terrain below, or in the proximity of, the route used in the operation.

         (3)   An operator who is bound by a direction must not contravene it.

Penalty:   10 penalty units.

         (4)   A direction under subregulation (2) does not bind an operator until it is served on the operator.

         (5)   An offence against subregulation (1) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

176         Qualification of pilot in command

         (1)   The pilot in command of an aircraft must not fly the aircraft under the I.F.R. unless he or she holds:

                (a)    an instrument rating; or

               (b)    a private I.F.R. rating.

         (2)   Notwithstanding anything contained in this regulation, CASA may give the pilot in command of an aircraft who does not hold an instrument rating permission to conduct a flight under Instrument Flight Rules on such terms as CASA may designate.

      (2A)   A pilot in command to whom permission has been given must not contravene a term of the permission.

Penalty:   50 penalty units.

         (3)   An offence against subregulation (2A) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (4)   It is a defence to a prosecution under subregulation (2A) if the defendant had a reasonable excuse.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

176A       Determination of visibility and cloud base for I.F.R. flights

         (1)   Subject to regulation 257, the pilot in command of an aircraft operating under the Instrument Flight Rules is responsible for determining the visibility and cloud base for the take-off and landing of the aircraft.

         (2)   In determining visibility, the pilot in command of an aircraft must take into account the meteorological conditions, sunglare and any other condition that may limit his or her effective vision through the windscreen of the cockpit of the aircraft.

         (3)   In determining the cloud base, the pilot in command of an aircraft must:

                (a)    for take-off — take into account the current available weather forecasts and reports; and

               (b)    for landing — determine the cloud base from the cockpit of the aircraft while in flight.

177         Equipment of aircraft for I.F.R. flight

         (1)   CASA may issue instructions specifying:

                (a)    the radiocommunication systems; or

               (b)    the radio navigation systems; or

                (c)    the secondary surveillance radar transponder equipment; or

               (d)    the airborne weather radar system; or

                (e)    the self-contained or long-range radio navigation systems;

that must be carried on, or installed in, an aircraft before it undertakes an I.F.R. flight.

      (1A)   Subject to subregulation (3), an aircraft must not be flown under the I.F.R. unless it is equipped with:

                (a)    suitable flight instruments as required by CASA; and

               (b)    the equipment specified under subregulation (1) in relation to the aircraft.

      (1B)   If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been:

                (a)    served on the person; or

               (b)    published in NOTAMS or AIP.

      (1C)   An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

         (2)   Subject to subregulation (4), an aircraft shall not be flown under the Instrument Flight Rules by night, unless, in addition to the equipment referred to in subregulation (1A), it is equipped with:

                (a)    2 landing lights;

               (b)    illumination for all instruments and equipment, used by the flight crew, that are essential for the safe operation of the aircraft;

                (c)    lights in all passenger compartments;

               (d)    an electric torch for each crew member; and

                (e)    such other equipment as CASA requires in the interest of safety.

         (3)   In respect of an aircraft that is not equipped as referred to in subregulation (1A), CASA may give permission, subject to such conditions (if any) as are specified in the permission, for the aircraft to be flown under the I.F.R.

         (4)   In respect of an aircraft that is not equipped as referred to in subregulation (2), CASA may give permission, subject to such conditions (if any) as are specified in the permission, for the aircraft to be flown at night under the I.F.R.

         (5)   The pilot in command of an aircraft to which subregulation (3) or (4) applies must not fly the aircraft in contravention of a condition specified in the permission.

Penalty:   25 penalty units.

         (6)   An offence against subregulation (5) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

178         Minimum height for flight under I.F.R.

         (1)   Subject to subregulation (4), the pilot in command of an aircraft flown along a route segment for which there is a published lowest safe altitude must not fly the aircraft at a height lower than the published lowest safe altitude.

Penalty:   50 penalty units.

         (2)   Subject to subregulation (4), the pilot in command of an aircraft flown along a route segment for which there is no published lowest safe altitude must not fly the aircraft at a height lower than the lowest safe altitude calculated in accordance with a method for determining a lowest safe altitude that is determined by CASA under subregulation (6).

Penalty:   50 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

         (4)   An aircraft may be flown along a route segment at a height less than the height that is applicable under subregulation (1) or (2):

                (a)    during take-off or landing; or

               (b)    during arrival or departure, if the aircraft is being flown:

                          (i)    at a safe height above the terrain; and

                         (ii)    in accordance with any instructions published in AIP; or

                (c)    during an authorised instrument departure procedure or authorised instrument approach procedure; or

               (d)    if the aircraft is being flown by day in V.M.C.; or

                (e)    if the aircraft is being flown in accordance with instructions from air traffic control.

         (5)   This regulation has effect subject to regulation 157.

         (6)   For the purposes of these Regulations, CASA may, in writing, determine any or all of the following:

                (a)    a method of calculating a lowest safe altitude;

               (b)    an instrument approach procedure;

                (c)    an instrument departure procedure.

         (7)   In this regulation:

arrival means the time during which an aircraft is descending for a landing at a rate that is reasonable under the circumstances.

authorised instrument approach procedure means an instrument approach procedure that:

                (a)    either:

                          (i)    is designed by a certified designer or authorised designer; and

                         (ii)    is published in the AIP or given to CASA under Part 173 of CASR; or

               (b)    is determined by CASA under subregulation (6).

authorised instrument departure procedure means an instrument departure procedure that:

                (a)    either:

                          (i)    is designed by a certified designer or authorised designer; and

                         (ii)    is published in the AIP or given to CASA under Part 173 of CASR; or

               (b)    is determined by CASA under subregulation (6).

departure means the time during which an aircraft is climbing after take-off at a rate that is reasonable under the circumstances.

published lowest safe altitude means a lowest safe altitude that:

                (a)    is calculated in accordance with a method determined by CASA under subregulation (6); and

               (b)    is published in the AIP or NOTAMS.

179         Authorised instrument approach procedures to be used

         (1)   The pilot in command of an aircraft when conducting an I.F.R. flight must follow the authorised instrument approach procedures (within the meaning of regulation 178) for the aerodromes used.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   It is a defence to a prosecution under subregulation (1) if air traffic control authorised the pilot not to follow the instrument approach procedures for the aerodrome.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

179A       Navigation of aircraft on I.F.R. flight

         (1)   CASA may issue instructions in relation to I.F.R. flights specifying:

                (a)    the method by which an aircraft is to be navigated; or

               (b)    how a positive position fix for an aircraft is to be obtained; or

                (c)    how often a positive position fix is to be obtained.

         (2)   Subject to subregulation (4), the pilot in command of an aircraft must not fly the aircraft under the I.F.R. if it is not equipped:

                (a)    for navigation; and

               (b)    to obtain positive position fixes;

in accordance with instructions issued under subregulation (1).

Penalty:   25 penalty units.

      (2A)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been:

                (a)    served on the person; or

               (b)    published in NOTAMS or AIP.

      (3A)   An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

         (4)   CASA may give permission, subject to the conditions specified in the permission, for an aircraft to be flown under the I.F.R. if the aircraft is not equipped as required under subregulation (2).

180         Cruising levels for I.F.R. flights

         (1)   The pilot in command of an aircraft being flown under the I.F.R. must fly the aircraft:

                (a)    within controlled airspace — at a cruising level authorised for the flight by air traffic control; or

               (b)    outside controlled airspace — at a cruising level appropriate to its magnetic track as notified by CASA in Aeronautical Information Publications.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

181         Flight procedure for I.F.R. flight where cruising level cannot be maintained

         (1)   If an aircraft conducting an I.F.R. flight is unable for any reason to comply with the requirements of paragraph 180 (b), the pilot in command shall:

                (a)    notify air traffic control of the cruising level at which the aircraft is flying and of all subsequent changes of that level; and

               (b)    in the event of the risk of a collision with another aircraft which is complying with that regulation, give way to that aircraft or fly at a cruising level authorised by that regulation until the other aircraft is past and clear.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Division 5              Operations in RVSM airspace

Subdivision 1              Preliminary

181A       What this Division does

                This Division sets out the requirements for getting an RVSM airworthiness approval or an RVSM operational approval and provides for the administrative control of such approvals.

181B      Definitions for this Division

                In this Division:

Australian operator means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory.

181C      What is an RVSM airworthiness approval?

                An RVSM airworthiness approval is an approval given, under regulation 181G, for an Australian aircraft indicating that it is suitable to be operated in RVSM airspace.

181D      What is an RVSM foreign airworthiness approval?

                An RVSM foreign airworthiness approval is an approval (however described) given for a foreign aircraft by the competent authority of the country in which the aircraft is registered indicating that the aircraft is suitable to be operated in RVSM airspace.

181E       What is an RVSM operational approval?

                An RVSM operational approval is an approval given, under regulation 181M, to an Australian operator approving the operator to operate the aircraft covered by the approval in RVSM airspace.

Subdivision 2              RVSM airworthiness approvals

181F       Application for RVSM airworthiness approval

         (1)   The operator of an Australian aircraft may apply to CASA for an RVSM airworthiness approval for the aircraft.

         (2)   An application must be in writing and must be accompanied by:

                (a)    documents that identify the aircraft; and

               (b)    enough information to show that the aircraft is equipped with the following:

                          (i)    2 independent altitude measurement systems;

                         (ii)    a secondary surveillance radar transponder that has an altitude-reporting system that can be switched to operate from either of the altitude measurement systems;

                         (iii)    an altitude alert system;

                        (iv)    an automatic altitude control system; and

                (c)    enough information to show that the equipment mentioned in paragraph (b) meets the requirements of ICAO Doc. 9574-AN/934; and

               (d)    enough information to show that the aircraft is of a type that meets the requirements of ICAO Doc. 9574-AN/934.

         (3)   If CASA reasonably needs more information to enable it to consider an application, CASA may give the applicant a written notice asking for the information that:

                (a)    is described in the notice; and

               (b)    is in the possession, or control, of the applicant.

         (4)   CASA may refuse or cease to consider the application until the applicant complies with the notice.

181G      RVSM airworthiness approval

         (1)   CASA must approve an application for an RVSM airworthiness approval for an Australian aircraft if:

                (a)    the aircraft is equipped with the equipment mentioned in paragraph 181F (2) (b); and

               (b)    the equipment meets the requirements of ICAO Doc. 9574-AN/934; and

                (c)    the aircraft is of a type that meets the requirements of ICAO Doc. 9574-AN/934.

         (2)   CASA must give the applicant written notice setting out:

                (a)    its decision about the applicant’s application; and

               (b)    any other information CASA thinks should be included.

Note   Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.

181H      How long RVSM airworthiness approvals remain in force

         (1)   An RVSM airworthiness approval remains in force until it is cancelled.

         (2)   However, an RVSM airworthiness approval is not in force during any period of suspension.

181I        Notice to RVSM airworthiness approval holder to show cause

         (1)   CASA may give the holder of an RVSM airworthiness approval a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the approval under regulation 181J.

         (2)   A show cause notice must:

                (a)    tell the holder of the facts and circumstances that, in CASA’s opinion, would justify the cancellation of the approval under regulation 181J; and

               (b)    invite the holder to show in writing, within a reasonable time stated in the notice, why the approval should not be cancelled.

         (3)   A show cause notice may state that the approval is suspended if CASA reasonably considers that there may be a serious risk to aviation safety if the approval were not suspended.

         (4)   If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the holder.

         (5)   CASA may at any time revoke the suspension.

         (6)   If the approval is suspended and CASA has not dealt with it under regulation 181J within the period of 90 days after the day it is suspended, the suspension lapses at the end of that period.

Note   Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.

181J       Cancellation of RVSM airworthiness approval

         (1)   CASA may cancel an RVSM airworthiness approval by written notice given to its holder if:

                (a)    CASA has given the holder a show cause notice under regulation 181I in relation to it; and

               (b)    CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the holder; and

                (c)    there are reasonable grounds for believing that the aircraft covered by the approval:

                          (i)    does not meet, or continue to meet, a requirement of this Division for the approval; or

                         (ii)    is no longer capable of being operated safely in  RVSM airspace because of inaccurate or unreliable height-keeping caused by the failure, or malfunctioning, of any of the aircraft’s equipment mentioned in paragraph 181F (2) (b).

         (2)   If CASA has given a show cause notice under regulation 181I to the holder of an RVSM airworthiness approval and it decides not to cancel the approval, it:

                (a)    must tell the holder in writing of the decision; and

               (b)    must, if the approval is suspended under that regulation, revoke the suspension.

Note   Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.

181K      Cancellation at request of holder

         (1)   Despite anything else in this Subdivision, CASA must cancel an RVSM airworthiness approval if asked, in writing, by its holder to do so.

         (2)   The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.

Subdivision 3              RVSM operational approvals

181L       Application for RVSM operational approval

         (1)   An Australian operator may apply to CASA for an RVSM operational approval.

         (2)   An application must be in writing and must be accompanied by:

                (a)    a list of the RVSM airworthiness approved aircraft that are proposed to be covered by the approval; and

               (b)    a written description of the program proposed by the applicant to ensure the continued airworthiness for operations in RVSM airspace of the aircraft while they are used in those operations; and

                (c)    a written description of the training program proposed by the applicant for the members of the applicant’s flight crew who will carry out operations in RVSM airspace.

         (3)   If CASA reasonably needs more information to enable it to consider an application, CASA may give the applicant a written notice asking for the information that:

                (a)    is described in the notice; and

               (b)    is in the possession, or control, of the applicant.

         (4)   CASA may refuse or cease to consider the application until the applicant complies with the notice.

181M      RVSM operational approval

         (1)   CASA must approve an application for an RVSM operational approval if:

                (a)    each aircraft to be covered by the approval is an RVSM airworthiness approved aircraft; and

               (b)    the applicant has a program for the continued airworthiness for operations in RVSM airspace of the aircraft to ensure that they will continue to meet the requirements of ICAO Doc. 9574-AN/934 while they are used in those operations; and

                (c)    the applicant has a training program for the members of the flight crew of the aircraft to ensure that the members are adequately trained to carry out operations in RVSM airspace.

         (2)   CASA must give the applicant written notice setting out:

                (a)    its decision about the applicant’s application; and

               (b)    any other information CASA thinks should be included.

Note   Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.

181N      How long RVSM operational approvals remain in force

         (1)   An RVSM operational approval remains in force until it is cancelled.

         (2)   However, an RVSM operational approval is not in force during any period of suspension.

181O      Notice to RVSM operational approval holder to show cause

         (1)   CASA may give the holder of an RVSM operational approval a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the approval under regulation 181P.

         (2)   A show cause notice must:

                (a)    tell the holder of the facts and circumstances that, in CASA’s opinion, would justify the cancellation of the approval under regulation 181P; and

               (b)    invite the holder to show in writing, within a reasonable time stated in the notice, why the approval should not be cancelled.

         (3)   A show cause notice may state that the approval is suspended if CASA reasonably considers that there may be a serious risk to aviation safety if the approval were not suspended.

         (4)   If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the holder.

         (5)   CASA may at any time revoke the suspension.

         (6)   If the approval is suspended and CASA has not dealt with it under regulation 181P within the period of 90 days after the day it is suspended, the suspension lapses at the end of that period.

Note   Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.

181P       Cancellation of RVSM operational approval

         (1)   CASA may cancel an RVSM operational approval by written notice given to its holder if:

                (a)    CASA has given the holder a show cause notice under regulation 181O in relation to it; and

               (b)    CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the holder; and

                (c)    there are reasonable grounds for believing that the holder:

                          (i)    has contravened regulation 181S, 181T, 181U or 181V; or

                         (ii)    does not meet, or continue to meet, a requirement of this Division for getting the approval; or

                         (iii)    is no longer able to operate an aircraft covered by the approval safely in RVSM airspace because of inaccurate or unreliable height-keeping caused by the failure, or malfunctioning, of any of the aircraft’s equipment mentioned in paragraph 181F (2) (b); or

                        (iv)    is no longer able to carry out operations in RVSM airspace safely because of inaccurate or unreliable height-keeping by members of the holder’s flight crew during those operations.

         (2)   If CASA has given a show cause notice under regulation 181O to the holder of an RVSM operational approval and it decides not to cancel the approval, it:

                (a)    must tell the holder in writing of the decision; and

               (b)    must, if the approval is suspended under that regulation, revoke the suspension.

Note   Regulation 297A provides for review of certain decisions by the Administrative Appeals Tribunal.

181Q      Removal of aircraft from RVSM operational approval — cancellation of airworthiness approval

         (1)   In this regulation:

airworthiness approval means:

                (a)    an RVSM airworthiness approval; or

               (b)    an RVSM foreign airworthiness approval.

         (2)   If an RVSM operational approval covers an aircraft whose airworthiness approval is cancelled by the issuing authority, CASA:

                (a)    must cancel the RVSM operational approval; and

               (b)    must (unless the airworthiness approvals of all the aircraft covered by the RVSM operational approval are cancelled) give a new RVSM operational approval covering the remaining aircraft.

         (3)   A new RVSM operational approval given under paragraph (2) (b) takes effect on the cancellation of the replaced RVSM operational approval.

         (4)   If CASA cancels an RVSM operational approval under paragraph (2) (a), it:

                (a)    must give written notice of the cancellation, setting out the date of the cancellation, to the holder of the approval; and

               (b)    must, if it replaces the approval under paragraph (2) (b), include in the notice a statement to that effect.

181QA    Removal of aircraft from RVSM operational approval — holder ceasing to operate aircraft

         (1)   If the holder of an RVSM operational approval ceases to be the operator of an aircraft covered by the RVSM operational approval, the holder must tell CASA, in writing, as soon as practicable.

         (2)   After receiving information under subregulation (1), CASA:

                (a)    must cancel the RVSM operational approval; and

               (b)    must (unless no other aircraft are covered by the RVSM operational approval) give a new RVSM operational approval covering the remaining aircraft.

         (3)   CASA must give the holder written notice of the cancellation, and the new approval (if any), setting out:

                (a)    the date of the cancellation; and

               (b)    any other information CASA thinks should be included.

         (4)   A new RVSM operational approval given under paragraph (2) (b) takes effect on the cancellation of the replaced RVSM operational approval.

181R      Cancellation at request of holder

         (1)   Despite anything else in this Subdivision, CASA must cancel an RVSM operational approval if asked, in writing, by its holder to do so.

         (2)   The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.

181S       Requirements of Australian operator using Australian aircraft

                The holder of an RVSM operational approval must not permit an Australian aircraft used by the holder to begin a flight during which the aircraft may fly in RVSM airspace unless:

                (a)    the approval covers the aircraft; and

               (b)    an RVSM airworthiness approval is in force for the aircraft; and

                (c)    the aircraft is equipped with the equipment mentioned in paragraph 181F (2) (b); and

               (d)    the equipment is functioning properly; and

                (e)    each member of the flight crew of the aircraft has satisfactorily completed the training program mentioned in paragraph 181M (1) (c).

181T       Requirements of Australian operator using foreign aircraft

                The holder of an RVSM operational approval must not permit a foreign aircraft used by the holder to fly into Australian territory on a flight, or begin a flight in Australian territory, during which the aircraft may fly in RVSM airspace over Australian territory unless:

                (a)    the approval covers the aircraft; and

               (b)    an RVSM foreign airworthiness approval is in force for the aircraft; and

                (c)    the aircraft is equipped with the equipment mentioned in paragraph 181F (2) (b); and

               (d)    the equipment is functioning properly; and

                (e)    each member of the flight crew of the aircraft has satisfactorily completed the training program mentioned in paragraph 181M (1) (c).

181U      Monitoring height-keeping

                The holder of an RVSM operational approval must comply with the requirements for monitoring height-keeping in RVSM operations mentioned in the Pacific RVSM Minimum Monitoring Requirements issued by the Asia Pacific Approvals Registry and Monitoring Organisation and approved by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

181V       Telling CASA about cancellation of RVSM foreign airworthiness approval

                If the RVSM foreign airworthiness approval of a foreign aircraft used by an Australian operator is cancelled by the issuing authority, the operator must tell CASA in writing as soon as practicable.

Subdivision 4              Miscellaneous

181X       New registration marks

                If an RVSM airworthiness approval or RVSM operational approval identifies an Australian aircraft by reference to a registration mark (the old registration mark) that has been replaced with a new registration mark assigned to the aircraft under regulation 16A, the reference in the approval to the old registration mark is taken to be a reference to the new registration mark.


 

Part 13               Signals for the control of air traffic

Division 1              Aerodrome traffic

182         Use of prescribed signals

         (1)   A person must not use a signal prescribed in this Part for a purpose that is not the purpose prescribed in this Part for that signal.

Penalty:   25 penalty units.

         (2)   A person must not use a signal that is:

                (a)    not prescribed in this Part; and

               (b)    likely to be confused with a signal prescribed in this Part.

Penalty:   25 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

183         Responsibility for complying with this Part

         (1)   The pilot in command of an aircraft being operated on or in the vicinity of an aerodrome shall comply with signals and instructions given in accordance with this Part and with the rules and other provisions contained in this Part.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

184         Two-way radiotelephony communication

         (1)   Where aerodromes are equipped with two-way radiotelephony apparatus, air traffic control shall give control instructions by this means to all aircraft equipped to receive radiotelephony messages.

         (2)   All such communication between aircraft and air traffic control shall be in the English language:

                Provided that:

                (a)    when authorised by CASA in exceptional cases and if air traffic control personnel are available who can intelligibly speak both the English language and the other language concerned; or

               (b)    when the owner or operator of the aircraft has furnished properly qualified personnel who can intelligibly speak both the English language and the language concerned and they are available to assist air traffic control in communicating with the aircraft;

the communications may be made in the language concerned.

185         Visual signals

         (1)   Where control by the means referred to in regulation 184 is not available, the appropriate visual signals prescribed by this Part may be used.

         (2)   Nothing in this regulation shall prevent any combination of radiotelephony signals and visual signals being used at any aerodrome, but a visual signal shall not be used in any case where it is possible to use radiotelephony.

186         Pilot in command to maintain look out for visual signals

                Where radio communication is being used, the pilot in command of an aircraft shall not thereby be relieved of the responsibility of keeping a look out for any instructions which may be issued by visual means.

187         Light signals

         (1)   A light signal directed at a particular aircraft from air traffic control at an aerodrome has, both by day and by night, the meaning specified in relation to the signal in Aeronautical Information Publications.

         (2)   Light signals directed from an aircraft to air traffic control at an aerodrome have the following meaning:

                (a)    a green light (made by signalling apparatus or pyrotechnics, but not by navigation lights) means:

                          (i)    by day — that the aircraft wishes to land in other than the direction authorised; and

                         (ii)    by night — that the aircraft wishes to land, although not compelled to do so;

               (b)    a steady white light directed downward until the landing is made means — acknowledgment of permission to land.

188         Pyrotechnic signals

                A pyrotechnic signal made by air traffic control at an aerodrome has the meaning specified in relation to the signal in Aeronautical Information Publications.

189         Ground signals

                When displayed at an aerodrome, ground signals shall take the form, and for all aircraft shall have the meaning, specified, in relation to the signal, in Aeronautical Information Publications.

Division 2              Special signals relating to danger areas, prohibited areas and restricted areas

190         Warning signal

                For the purpose of warning an aircraft that it is in the vicinity of a danger area, a prohibited area or a restricted area and should take remedial action, the signal used shall be, by day or by night, a series of projectiles, discharged at intervals of 10 seconds each, showing, on bursting, red and green lights or stars.

Division 3              Emergency signals

191         Transmission of signals

         (1)   The pilot in command of an aircraft shall transmit or display the signals specified in this Division according to the degree of emergency being experienced.

         (2)   The signals specified in relation to each successive degree of emergency may be sent either separately or together for any one degree of emergency.

         (3)   Nothing in the rules contained in this Division shall prevent the use by an aircraft in distress of any means at its disposal to attract attention or make known its position for the purpose of obtaining help.

192         Distress signals

         (1)   The distress signal shall be transmitted only when the aircraft is threatened with grave and immediate danger and requires immediate assistance.

         (2)   In radio telegraphy, the distress signal shall take the form of SOS (... — — —...), sent 3 times, followed by the group DE, sent once, and the call sign of the aircraft, sent 3 times.

         (3)   The signal specified in subregulation (2) may be followed by the automatic alarm signal which consists of a series of 12 dashes, sent in one minute, the duration of each dash being 4 seconds, and the duration of the interval between consecutive dashes being one second.

         (4)   In radiotelephony, the distress signal shall take the form of the word ‘MAYDAY’, pronounced 3 times, followed by the words ‘THIS IS’, followed by the call sign of the aircraft 3 times.

         (5)   By other means the distress signal shall take one or more of the following forms:

                (a)    the Morse signal ... — — —... with visual apparatus or with sound apparatus;

               (b)    a succession of pyrotechnical lights, fired at short intervals, each showing a single red light;

                (c)    the two-flag signal corresponding to the letters NC of the International Code of Signals;

               (d)    the distant signal, consisting of a square flag having, either above or below, a ball or anything resembling a ball;

                (e)    a parachute flare showing a red light;

                (f)    a gun or other explosive signal fired at intervals of approximately one minute.

193         Urgency signals

         (1)   The following signals, used either together or separately, shall be used by an aircraft for the purpose of giving notice of difficulties which compel it to land without requiring immediate assistance:

                (a)    the repeated switching on and off of the landing lights;

               (b)    the repeated switching on and off of the navigation lights, in such a manner as to be distinctive from the flashing lights described in subregulation 196 (2);

                (c)    a succession of white pyrotechnical lights.

         (2)   The following signals, used either together or separately, shall be used by an aircraft for the purpose of giving notice that the aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or vehicle, or of some person on board or within sight:

                (a)    in radiotelegraphy, 3 repetitions of the group XXX ( — .. — — .. — — .. —), sent with the letters of each group, and the successive groups clearly separated from each other, and sent before the transmission of the message;

               (b)    in radiotelephony, 3 repetitions of the words PAN, PAN, sent before the transmission of the message;

                (c)    a succession of green pyrotechnical lights;

               (d)    a succession of green flashes with signal apparatus.

194         Safety signal

         (1)   The safety signal shall be transmitted when an aircraft wishes to transmit a message concerning the safety of navigation or to give important meteorological warnings.

         (2)   The safety signal shall be sent before the call and:

                (a)    in the case of radiotelegraphy shall consist of 3 repetitions of the group TTT (— — —), sent with the letters of each group and the successive groups clearly separated from each other; and

               (b)    in the case of radiotelephony shall consist of the word ‘SECURITY’, repeated 3 times.

Division 4              Lights to be displayed by aircraft and lights and markings to be displayed on mooring cables

195         Compliance with rules about lights

         (1)   At night and in conditions of poor visibility, the operator and the pilot in command of an aircraft must comply with the rules in this Part requiring lights to be displayed in relation to the aircraft.

Penalty:   25 penalty units.

         (2)   At night and in conditions of poor visibility, the operator and the pilot in command of an aircraft must not allow to be displayed other lights that are likely to be mistaken for the lights required to be displayed under this Part.

Penalty:   25 penalty units.

         (3)   The operator and the pilot in command of an aircraft must ensure that the lights displayed are not dazzling.

Penalty:   25 penalty units.

         (4)   If a light, which the rules of this Part require to be displayed by an aircraft in flight, fails and the light cannot be repaired immediately, the pilot in command of the aircraft must:

                (a)    notify air traffic control immediately; or

               (b)    if this is not possible, land the aircraft as soon as it can be landed without danger.

Penalty:   25 penalty units.

         (5)   An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

196         Aeroplanes in flight or on the manoeuvring area of land aerodromes

      (1A)   The operator and the pilot in command of an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, must ensure that the lights required by this regulation to be displayed on the aeroplane are so displayed.

Penalty:   25 penalty units.

         (1)   Unless CASA otherwise directs, an aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display the following navigation lights:

                (a)    an unobstructed red light projected above and below the horizontal plane through an angle from dead ahead to 110° port;

               (b)    an unobstructed green light projected above and below the horizontal plane through an angle from dead ahead to 110° starboard; and

                (c)    an unobstructed white light projecting above and below the horizontal plane rearward through an angle of 140°, equally distributed on the port and starboard sides.

         (2)   Unless CASA otherwise directs, navigation lights shall be steady lights.

         (3)   Unless CASA otherwise directs, an aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display, in addition to the navigation lights, an anti-collision light consisting of a flashing red light visible in all directions within 30 degrees above and 30 degrees below the horizontal plane of the aeroplane.

         (4)   Where the lights are flashing lights, the aircraft:

                (a)    shall display an additional flashing white light visible in all directions; and

               (b)    may display an additional flashing red rear light;

in accordance with such requirements as CASA, having regard to Annex 8 of the Convention, specifies in Civil Aviation Orders.

         (5)   The colour specifications and minimum and maximum intensities of the navigation lights and the anti-collision light shall be such as CASA, having regard to Annex 8 of the Convention, specifies in Civil Aviation Orders.

         (6)   Unless CASA otherwise directs, wing-tip clearance lights comprising steady lights of the appropriate colours must be displayed if the distance of the navigation lights from the wing-tip is more than 2 metres.

         (7)   A person may park an aircraft on, or adjacent to, the movement area of an aerodrome used or available for use in night flying operations only if:

                (a)    the aircraft is clearly illuminated or lighted; or

               (b)    the area that it occupies is marked by obstruction lights.

Penalty:   25 penalty units.

         (8)   An offence against subregulation (1A) or (7) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (9)   It is a defence to a prosecution under subregulation (1A) if CASA directed lighting otherwise than as required by this regulation and the defendant used that lighting.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (9) (see subsection 13.3 (3) of the Criminal Code).

197         Aeroplanes under way on the surface of water

      (1A)   The pilot in command of an aeroplane on the surface of the water must display lights on the aeroplane in accordance with this regulation.

Penalty:   25 penalty units.

         (1)   An aeroplane, when under way on the surface of the water shall display steady lights being:

                (a)    the lights specified in subregulation 196 (1); and

               (b)    a white light visible forward throughout a dihedral angle of 220° bisected by a vertical plane through the longitudinal axis of the aeroplane and visible at a distance of at least 6 kilometres.

         (2)   When towing another aircraft or vessel, an aeroplane shall display:

                (a)    the lights specified in subregulation (1); and

               (b)    a second steady white light of the same construction and character as the light specified in paragraph (1) (b) placed not less than 2 metres vertically above or below that light.

         (3)   When being towed an aeroplane shall display only the lights specified in subregulation 196 (1).

         (4)   The pilot in command of an aeroplane on the surface of the water must ensure that, when the aeroplane is no longer under command, it displays:

                (a)    the lights specified in subregulation (1) or, when not making way, the lights specified in that subregulation other than the red and green lights specified in paragraphs 196 (1) (a) and (b); and

               (b)    two steady red lights placed where they can best be seen, one vertically over the other and not less than 1 metre apart and visible at a distance of at least 4,000 metres.

Penalty:   25 penalty units.

         (5)   An offence against subregulation (1A) or (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

198         Aeroplanes at anchor or moored on the surface of water

         (1)   A person who anchors or moors an aeroplane on the surface of the water must ensure that the aeroplane displays:

                (a)    if the aeroplane is less than 50 metres in length — a steady white light, where it can best be seen, visible all round the horizon at a distance of at least 4,000 metres;

               (b)    if the aeroplane is 50 metres or more in length — a steady white forward light and a steady white rear light, where they can best be seen, both visible all round the horizon at a distance of at least 6 kilometres; and

                (c)    if the aeroplane is 50 metres or more in span — a steady white light on each side to demarcate the maximum span and visible, as far as practicable, all round the horizon at a distance of at least 2,000 metres.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

199         Aeroplanes aground on the surface of the water

         (1)   The pilot in command of an aeroplane must not allow the aeroplane to be on the surface of the water and aground if the aeroplane is not displaying:

                (a)    the appropriate lights specified in regulation 198; and

               (b)    2 steady red lights in a vertical red line not less than 1 metre apart, placed so as to be visible all round the horizon.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

200         Gliders

         (1)   In all circumstances in which the rules of this Division require an aeroplane to display lights, a person who flies or operates a glider must ensure that the glider displays a red light visible, as far as practicable, in all directions.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

203         Airships

         (1)   CASA may give directions in writing specifying the lights that must be displayed in relation to an airship.

         (2)   If CASA gives a direction under subregulation (1) to a person, the person must comply with the direction.

Penalty:   25 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.


 

Part 14               Air service operations

Division 1              General

206         Commercial purposes (Act, s 27 (9))

         (1)   For the purposes of subsection 27 (9) of the Act, the following commercial purposes are prescribed:

                (a)    aerial work purposes, being purposes of the following kinds (except when carried out by means of a UAV):

                          (i)    aerial surveying;

                         (ii)    aerial spotting;

                         (iii)    agricultural operations;

                        (iv)    aerial photography;

                         (v)    advertising;

                        (vi)    flying training, other than conversion training or training carried out under an experimental certificate issued under regulation 21.195A of CASR or under a permission to fly in force under subregulation 317 (1);

                        (vii)    ambulance functions;

                       (viii)    carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft (not being a carriage of goods in accordance with fixed schedules to and from fixed terminals);

                        (ix)    any other purpose that is substantially similar to any of those specified in subparagraphs (i) to (vii) (inclusive);

               (b)    charter purposes, being purposes of the following kinds:

                          (i)    the carriage of passengers or cargo for hire or reward to or from any place, other than carriage in accordance with fixed schedules to and from fixed terminals or carriage for an operation mentioned in subregulation 262AM (7) or under a permission to fly in force under subregulation 317 (1);

                         (ii)    the carriage, in accordance with fixed schedules to and from fixed terminals, of passengers or cargo or passengers and cargo in circumstances in which the accommodation in the aircraft is not available for use by persons generally;

                (c)    the purpose of transporting persons generally, or transporting cargo for persons generally, for hire or reward in accordance with fixed schedules to and from fixed terminals over specific routes with or without intermediate stopping places between terminals.

      (1A)   However, the commercial purposes prescribed by subregulation (1) do not include:

                (a)    carrying passengers for hire or reward in accordance with subregulation 262AM (7); or

               (b)    carrying out an activity under paragraph 262AM (2) (g) or 262AP (2) (d).

         (2)   In this regulation:

aircraft endorsement has the same meaning as in regulation 5.01.

conversion training means flying training for the purpose of qualifying for the issue of an aircraft endorsement.

207         Requirements according to operations on which Australian aircraft used

         (1)   A person must not use an Australian aircraft in a class of operation if CASA has not authorised and approved the particular type of aircraft for that use.

Penalty:   50 penalty units.

         (2)   A person must not use an Australian aircraft in a class of operation if the aircraft is not:

                (a)    fitted with instruments; and

               (b)    fitted with, or carrying, equipment, including emergency equipment;

that CASA has approved and directed.

Penalty:   50 penalty units.

         (3)   Where CASA approves or directs that an instrument or item of equipment be fitted or carried on an aircraft, a person must fit, carry or use the instrument or item of equipment on the aircraft only in accordance with the directions (if any) of CASA.

Penalty:   50 penalty units.

         (4)   In giving an authorisation, approval or direction for the purposes of this regulation, CASA shall have regard only to the safety of air navigation.

         (5)   An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

208         Number of operating crew

         (1)   The operator of an Australian aircraft must ensure that the minimum operating crew of the aircraft is not less in number than that specified in the certificate of airworthiness of, or the flight manual for, the aircraft, and that it is supplemented by such additional operating crew members, having such qualifications, as CASA considers necessary and directs, having regard to the safety of air navigation.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

209         Private operations

         (1)   The operator and the pilot in command of an aircraft engaged in private operations shall comply with the provisions of these regulations and such additional conditions as CASA from time to time directs in the interest of safety.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

210         Restriction of advertising of commercial operations

         (1)   A person must not give a public notice, by newspaper advertisement, broadcast statement or any other means of public announcement, to the effect that a person is willing to undertake by use of an Australian aircraft any commercial operations if the last-mentioned person has not obtained an Air Operator’s Certificate authorising the conduct of those operations.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Division 2              Requirements to ensure the safety of commercial operations

212         Operator

                In this Division, operator means an operator engaging in commercial operations.

213         Organisation

         (1)   An operator must provide an adequate organisation, including trained staff, together with workshop and other equipment and facilities in such quantities and at such places as CASA directs in order to ensure that airframes, engines, propellers, instruments, equipment and accessories are properly maintained at all times when they are in use.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

214         Training of maintenance personnel

         (1)   An operator must ensure that provision is made for the proper and periodic instruction of all maintenance personnel, particularly in connection with the introduction into service of new equipment or equipment with which the maintenance personnel are not familiar, and the training programme shall be subject to the approval of CASA.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

215         Operations manual

         (1)   An operator shall provide an operations manual for the use and guidance of the operations personnel of the operator.

Penalty:   25 penalty units.

         (2)   The operator must ensure that the operations manual contains such information, procedures and instructions with respect to the flight operations of all types of aircraft operated by the operator as are necessary to ensure the safe conduct of the flight operations (other than information, procedures or instructions that are set out in other documents required to be carried in the aircraft in pursuance of these regulations).

Penalty:   25 penalty units.

         (3)   CASA may give a direction:

                (a)    requiring the operator to include particular information, procedures and instructions in the operations manual; or

               (b)    requiring the operator to revise or vary the information, procedures and instructions contained in the operations manual.

      (3A)   An operator must not contravene a direction.

Penalty:   25 penalty units.

         (4)   A direction given under this regulation does not have effect in relation to a person until it has been served on the person.

         (5)   The operator shall revise the operations manual from time to time where necessary as the result of changes in the operator’s operations, aircraft or equipment, or in the light of experience.

Penalty:   25 penalty units.

         (6)   An operator shall furnish copies of the operations manual to such of his or her or its personnel as the operator considers necessary, to CASA and to such other persons associated with the operator’s operations as CASA considers necessary and directs.

Penalty:   25 penalty units.

         (7)   The operator shall ensure that a copy of the manual is kept in a convenient and accessible place for use by all members of the operations personnel of the operator who have not been furnished with a copy in pursuance of subregulation (6).

Penalty:   10 penalty units.

         (8)   The operator shall ensure that all amendments to the operations manual made in accordance with this regulation are incorporated in all copies of the operations manual kept within the operator’s organisation and that copies of those amendments are forwarded to all persons to whom copies of the operations manual have been furnished in accordance with this regulation.

Penalty:   25 penalty units.

         (9)   Each member of the operations personnel of an operator shall comply with all instructions contained in the operations manual in so far as they relate to his or her duties or activities.

Penalty:   25 penalty units.

       (10)   In this regulation, a reference to the operations personnel of an operator shall be read as including a reference to a person undergoing flight training with that operator.

       (11)   An offence against subregulation (1), (2), (3A), (5), (6), (7), (8) or (9) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

       (12)   It is a defence to a prosecution under subregulation (3A) if the defendant had a reasonable excuse.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (12) (see subsection 13.3 (3) of the Criminal Code).

216         Flight time records

         (1)   An operator must maintain current records of the individual flight times of the members of the operating crews employed by the operator.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

217         Training and checking organisation

         (1)   An operator of a regular public transport service, an operator of any aircraft the maximum take-off weight of which exceeds 5,700 kilograms and any other operator that CASA specifies shall provide a training and checking organisation so as to ensure that members of the operator’s operating crews maintain their competency.

Penalty:   50 penalty units.

         (2)   The operator must ensure that the training and checking organisation includes provision for the making in each calendar year, but not at intervals of less than four months, of two checks of a nature sufficient to test the competency of each member of the operator’s operating crews.

Penalty:   50 penalty units.

      (2A)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   The training and checking organisation and the tests and checks provided for therein shall be subject to the approval of CASA.

         (4)   A pilot may conduct tests or checks for the purposes of an approved training and checking organisation without being the holder of a flight instructor rating.

218         Route qualifications of pilot in command of a regular public transport aircraft

         (1)   A pilot is qualified to act in the capacity of pilot in command of an aircraft engaged in a regular public transport service if the pilot is qualified for the particular route to be flown in accordance with the following requirements:

                (a)    the pilot shall have been certified as competent for the particular route by a pilot who is qualified for that route;

               (b)    the pilot shall have made at least one trip over that route within the preceding 12 months as a pilot member of the operating crew of an aircraft engaged in any class of operation;

                (c)    the pilot shall have an adequate knowledge of the route to be flown, the aerodromes which are to be used and the designated alternate aerodromes, including a knowledge of:

                          (i)    the terrain;

                         (ii)    the seasonal meteorological conditions;

                         (iii)    the meteorological, communication and air traffic facilities, services and procedures;

                        (iv)    the search and rescue procedures; and

                         (v)    the navigational facilities;

                        associated with the route to be flown;

               (d)    the pilot shall have demonstrated either in flight or by simulated means that he or she is proficient in the use of instrumental approach-to-land systems which he or she may utilise in operations on that route; and

                (e)    the pilot possesses such other qualifications (if any) as CASA specifies in relation to that route having regard to any special difficulties of that route.

      (1A)   A pilot must not act in the capacity of pilot in command of an aircraft engaged in a regular public transport service if the pilot is not qualified in accordance with subregulation (1).

Penalty:   50 penalty units.

      (1B)   An operator must not permit a pilot to act in the capacity of pilot in command of an aircraft engaged in a regular public transport service if the pilot is not qualified in accordance with subregulation (1).

Penalty:   50 penalty units.

         (2)   CASA may grant an exemption from the requirements specified in paragraphs (1) (a) and (b) subject to such conditions as CASA considers necessary in the interests of safety.

         (3)   An operator shall maintain a record of the routes for which each of his or her pilots is qualified in accordance with this regulation.

Penalty:   5 penalty units.

         (4)   A person must not contravene a condition to which an exemption is subject.

Penalty:   50 penalty units.

         (5)   An offence against subregulation (1A), (1B), (3) or (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

219         Route qualifications of pilot in command of a charter aircraft

         (1)   A pilot is qualified to act in the capacity of pilot in command of an aircraft employed in charter operations if the pilot is qualified for the particular route to be flown in accordance with the following requirements:

                (a)    the pilot shall have an adequate knowledge of the route to be flown, the aerodromes which are to be used and the designated alternate aerodromes, including a knowledge of:

                          (i)    the terrain;

                         (ii)    the seasonal meteorological conditions;

                         (iii)    the meteorological, communication and air traffic facilities, services and procedures;

                        (iv)    the search and rescue procedures; and

                         (v)    the navigational facilities;

                        associated with the route to be flown;

               (b)    if the flight is to be conducted under the Instrument Flight Rules, the pilot shall have demonstrated either in flight or by simulated means that he or she is proficient in the use of instrument approach-to-land systems which he or she may utilise in operations on that route.

         (2)   A pilot must not act in the capacity of pilot in command of an aircraft employed in charter operations if the pilot is not qualified in accordance with subregulation (1).

Penalty:   50 penalty units.

         (3)   An operator must not permit a pilot to act in the capacity of pilot in command of an aircraft employed in charter operations if the pilot is not qualified in accordance with subregulation (1).

Penalty:   50 penalty units.

         (4)   An offence against subregulation (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

220         Fuel instructions and records

         (1)   An operator shall include in the operator’s operations manual specific instructions for the computation of the quantities of fuel to be carried on each route, having regard to all the circumstances of the operations, including the possibility of failure of an engine en route.

Penalty:   50 penalty units.

         (2)   An operator shall maintain a record of the fuel remaining in the tanks at the end of each scheduled flight and shall review continuously the adequacy of the instructions in respect of the fuel to be carried in the light of that record, and shall make any such record available to CASA, upon request.

Penalty:   25 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

221         Facilities and safety devices for public

         (1)   An operator must provide such facilities and safety devices for the protection of the public at the aerodromes normally used by the operator as CASA considers adequate and directs.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

222         Proving tests

         (1)   An aircraft of a new type shall not be used to carry passengers on a public transport service until it has completed proving tests under the supervision and in accordance with the requirements of CASA.

         (2)   In the case of major changes to an aircraft previously in operation on public transport services or previously proved for such operations, or the use of such an aircraft in an operation different to that in which it was previously used, CASA may require the aircraft to undergo such proving tests as CASA considers necessary in the circumstances.

         (3)   No persons other than those essential to the tests shall be carried in the aircraft during the tests required under subregulations (1) and (2), but mail or cargo may be carried with the permission of CASA.

         (4)   The operator must not allow an aircraft that is required to undergo proving tests to be used to carry passengers on a public transport service, if the proving tests have not been passed in accordance with the requirements of CASA.

Penalty:   50 penalty units.

         (5)   An offence against subregulation (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Division 3              Conduct of operations

223         Operator to ensure employees and flight crew familiar with local laws and regulations

         (1)   An operator of an Australian aircraft engaged in air navigation outside Australian territory shall ensure that:

                (a)    his or her employees when abroad know that they must comply with the laws, regulations and procedures of the countries in which the aircraft is operated;

               (b)    the pilots of the aircraft are familiar with the regulations and procedures for the time being in force in the area in which the aircraft is operated, and, in particular, with such of those regulations and procedures as relate to the aerodromes and air navigation facilities to be used by the aircraft; and

                (c)    members of the flight crew, other than pilots, are familiar with such of the regulations and procedures of the countries in which the aircraft is operated as relate to the performance of their respective duties in the operation of the aircraft.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

224         Pilot in command

         (1)   For each flight the operator shall designate one pilot to act as pilot in command.

Penalty:   5 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   A pilot in command of an aircraft is responsible for:

                (a)    the start, continuation, diversion and end of a flight by the aircraft; and

               (b)    the operation and safety of the aircraft during flight time; and

                (c)    the safety of persons and cargo carried on the aircraft; and

               (d)    the conduct and safety of members of the crew on the aircraft.

      (2A)   A pilot in command must discharge his or her responsibility under paragraph (2) (a) in accordance with:

                (a)    any information, instructions or directions, relating to the start, continuation, diversion or end of a flight, that are made available, or issued, under the Act or these regulations; and

               (b)    if applicable, the operations manual provided by the operator of the aircraft.

         (3)   The pilot in command shall have final authority as to the disposition of the aircraft while he or she is in command and for the maintenance of discipline by all persons on board.

225         Pilots at controls

         (1)   The pilot in command must ensure that 1 pilot is at the controls of an aircraft from the time at which the engine or engines is or are started prior to a flight until the engine or engines is or are stopped at the termination of a flight.

Penalty:   50 penalty units.

         (2)   When, in accordance with these regulations, 2 or more pilots are required to be on board an aircraft, the pilot in command must ensure that 2 pilots remain at the controls at all times when the aircraft is taking off, landing and during turbulent conditions in flight.

Penalty:   50 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

226         Dual controls

         (1)   During flight, a person may occupy a control seat of an aircraft equipped with fully or partially functioning dual controls only if:

                (a)    the person holds an appropriate pilot licence for the type of aircraft and the class of operations in which the aircraft is flown; or

               (b)    the person is a student pilot assigned for instruction in the aircraft; or

                (c)    the person is authorised by CASA.

Penalty:   25 penalty units.

         (2)   In authorising a person to occupy a control seat in pursuance of subregulation (1), CASA may grant the authority subject to such conditions as CASA considers necessary in the interests of safety.

         (3)   A person authorised under paragraph (1) (b) must not contravene a condition subject to which the authority is granted.

Penalty:   25 penalty units.

         (4)   An offence against subregulation (1) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

227         Admission to crew compartment

         (1)   A person may enter the crew compartment of an aircraft during flight only if:

                (a)    the person is a member of the operating crew of the aircraft; or

               (b)    the person is permitted by the pilot in command to enter that compartment.

Penalty:   50 penalty units.

      (1A)   A member of the operating crew of an aircraft may permit a person to enter, or remain in, the crew compartment of an aircraft during flight only if:

                (a)    the person is a member of the operating crew of the aircraft; or

               (b)    the person is permitted by the pilot in command to enter that compartment.

Penalty:   50 penalty units.

         (2)   A person may occupy the pilot seat or other operating crew position in an aircraft, only if:

                (a)    the person is a member of the operating crew who is duly assigned for duty in the aircraft and is licensed for the duties associated with that seat or position; or

               (b)    the person is authorised to enter the crew compartment to conduct examinations, inspections or checks of the aircraft, its equipment, a member of the operating crew or the ground organisation provided for use by aircraft.

Penalty:   50 penalty units.

         (3)   The pilot in command of an aircraft shall admit an authorised person to the crew compartment and allow that person to occupy the seat or position appropriate for the performance of his or her duties if the pilot in command is not of the opinion that the person’s admission to the crew compartment or occupation of that seat or position, as the case may be, would endanger the safety of the aircraft.

Penalty:   10 penalty units.

         (4)   Whenever the pilot in command has refused to permit an authorised person to enter the crew compartment or occupy the seat or position appropriate for the performance of his or her duties, the pilot in command shall, if so required by the authorised person, furnish a report in writing to CASA setting forth the reasons for his or her refusal.

Penalty:   5 penalty units.

      (4A)   An offence against subregulation (1), (1A), (2), (3) or (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (5)   An authorised person must produce his or her identity card for inspection:

                (a)    while acting as an authorised person; and

               (b)    if asked to do so by the pilot in command of the aircraft.

         (6)   Where an authorised person:

                (a)    is acting as an authorised person; and

               (b)    seeks admission, or is admitted, to the crew compartment of an aircraft; and

                (c)    fails to produce his or her identity card for inspection when asked to do so;

that person is not authorised to be admitted under that subregulation and, if that person has been admitted, he or she must leave the crew compartment immediately.

228         Unauthorised persons not to manipulate controls

         (1)   A person must not manipulate the controls of an aircraft in flight if the person is not either:

                (a)    the pilot assigned for duty in the aircraft; or

               (b)    a student pilot assigned for instruction in the aircraft.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

229         Aircraft not to be taxied except by pilot

         (1)   A person must not taxi an aircraft anywhere on an aerodrome if the person is not either a licensed pilot whose licence is endorsed for the particular type of aircraft concerned or a person approved by CASA in accordance with the terms and conditions of the approval.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

230         Starting and running of engines

         (1)   A person must not:

                (a)    start the engine of an Australian aircraft; or

               (b)    permit the engine of an Australian aircraft to be run;

if it is not permitted by this regulation.

Penalty:   25 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   The engine may be started or run while the aircraft is inside or outside Australian territory if the control seat is occupied by an approved person or by a person who may, under Part 5, fly the aircraft.

         (3)   If the aircraft is an aeroplane that is having maintenance carried out on it, or that is being used for the provision of maintenance training, the engine may be started or run if the control seat is occupied:

                (a)    whether the aircraft is inside or outside Australian territory — by a person who:

                          (i)    holds an aircraft maintenance engineer licence, or an airworthiness authority, covering maintenance of the aircraft’s engine; and

                         (ii)    has sufficient knowledge of the aircraft’s controls and systems to ensure the starting or running does not endanger any person or damage the aircraft; or

               (b)    if the aircraft is outside Australian territory — by a person who:

                          (i)    if the aircraft is in a Contracting State — may under the law of the Contracting State start or run engines of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires; or

                         (ii)    has qualifications that are recognised by CASA as adequate for the purpose of starting or running engines of aircraft of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires.

         (4)   If the aircraft is a rotorcraft or airship that is having maintenance carried out on it, or that is being used for the provision of maintenance training, the engine may be started or run:

                (a)    whether the aircraft is inside or outside Australian territory — by a person authorised, in writing, by CASA or an authorised person to start and run the engine in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires; or

               (b)    if the aircraft is outside Australian territory — by a person who:

                          (i)    if the aircraft is in a Contracting State — may under the law of the Contracting State start or run engines of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires; or

                         (ii)    has qualifications that are recognised by CASA as adequate for the purpose of starting or running engines of aircraft of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires.

         (5)   CASA may approve a person for the purposes of subregulation (2).

         (6)   CASA or an authorised person may authorise a person for the purposes of paragraph (4) (a).

         (7)   In this regulation, maintenance training means training for the purpose of obtaining a qualification to carry out maintenance on aircraft.

231         Manipulation of propeller

         (1)   In spite of regulations 225 and 230 and subregulation (2), the pilot in command of an aircraft which requires an operating crew of only one pilot may manipulate the propeller of the aircraft for the purposes of starting the aircraft if:

                (a)    assistance is not readily available for that purpose;

               (b)    adequate provision is made to prevent the aircraft moving forward; and

                (c)    no person is on board the aircraft.

         (2)   The registration holder, or operator, or the pilot in command, of an Australian aircraft must not permit a person to manipulate the propeller of the aircraft to start the engine if the registration holder, operator or pilot in command is not satisfied that the person who is to manipulate the propeller knows the correct starting procedures for the aircraft.

Penalty:   25 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

232         Flight check system

         (1)   The operator of an aircraft shall establish a flight check system for each type of aircraft, setting out the procedure to be followed by the pilot in command and other flight crew members prior to and on take-off, in flight, on landing and in emergency situations.

Penalty:   25 penalty units.

         (2)   A flight check system shall be subject to the prior approval of CASA, and CASA may at any time require the system to be revised in such manner as CASA specifies.

         (3)   The pilot in command must ensure that the check lists of the procedures are carried in the aircraft and are located where they will be available instantly to the crew member concerned.

Penalty:   10 penalty units.

         (4)   The pilot in command shall ensure that the flight check system is carried out in detail.

Penalty:   25 penalty units.

         (5)   The operator of an aircraft must not allow the aircraft to be flown if the following requirements have not been satisfied:

                (a)    the flight check system has been approved by CASA;

               (b)    if CASA has required the system to be revised — the system has been revised in the manner specified by CASA.

Penalty:   25 penalty units.

         (6)   An offence against subregulation (1), (3), (4) or (5) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

232A       Operational procedures in relation to computers

         (1)   Where an aircraft is fitted with a computer for the provision of navigation or aircraft performance information to the flight crew or to an automatic pilot system, the operator of that aircraft shall establish in relation to that computer operational procedures in accordance with directions given by CASA in Civil Aviation Orders.

         (2)   Without limiting the generality of subregulation (1), CASA may give directions in relation to any of the following matters:

                (a)    the duties or functions of the operator, pilot in command or other flight crew member in relation to:

                          (i)    the operation of the computer; or

                         (ii)    the entry of data into, and verification of data in, the computer;

               (b)    the qualifications of persons who:

                          (i)    operate the computer; or

                         (ii)    enter data into, or verify data in, the computer;

                (c)    the notification to the personnel of an operator or to a pilot in command or other flight crew member of operational procedures relating to the computer;

               (d)    the inclusion of the operational procedures in the operator’s operations manual.

         (3)   Where the operator of an aircraft has established operational procedures in relation to a computer under subregulation (1):

                (a)    each member of the personnel of the operator; and

               (b)    the pilot in command and other members of the flight crew of that aircraft;

shall, in relation to that computer, comply with those operational procedures.

         (4)   A direction given under this regulation shall not take effect until:

                (a)    the twenty-eighth day after the day on which the direction is given; or

               (b)    if a later day of effect is specified in the direction, that later day.

233         Responsibility of pilot in command before flight

         (1)   The pilot in command of an aircraft must not commence a flight if he or she has not received evidence, and taken such action as is necessary to ensure, that:

                (a)    the instruments and equipment required for the particular type of operation to be undertaken are installed in the aircraft and are functioning properly;

               (b)    the gross weight of the aircraft does not exceed the limitations fixed by or under regulation 235 and is such that flight performance in accordance with the standards specified by CASA for the type of operation to be undertaken is possible under the prevailing conditions; and

                (c)    any directions of CASA with respect to the loading of the aircraft given under regulation 235 have been complied with;

               (d)    the fuel supplies are sufficient for the particular flight;

                (e)    the required operating and other crew members are on board and in a fit state to perform their duties;

                (f)    the air traffic control instructions have been complied with;

                (g)    the aircraft is safe for flight in all respects; and

                (h)    the latest editions of the aeronautical maps, charts and other aeronautical information and instructions, published in AIP or by a person approved in writing, that are applicable:

                          (i)    to the route to be flown; and

                         (ii)    to any alternative route that may be flown on that flight;

                        are carried in the aircraft and are readily accessible to the flight crew.

Penalty:   50 penalty units.

      (1A)   An approval under paragraph (1) (h) may be given subject to such conditions as are specified in the instrument of approval.

         (2)   The pilot in command of an aircraft engaged in international air navigation must not commence a flight if the pilot has not completed an approved flight preparation form certifying that the pilot is satisfied of the matters specified in subregulation (1).

Penalty:   5 penalty units.

         (3)   An operator must keep a completed flight preparation form for a period of 6 months.

Penalty:   5 penalty units.

         (4)   An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

234         Fuel requirements

         (1)   The pilot in command of an aircraft must not commence a flight within Australian territory, or to or from Australian territory, if he or she has not taken reasonable steps to ensure that the aircraft carries sufficient fuel and oil to enable the proposed flight to be undertaken in safety.

Penalty:   50 penalty units.

         (2)   An operator of an aircraft must take reasonable steps to ensure that an aircraft does not commence a flight as part of the operator’s operations if the aircraft is not carrying sufficient fuel and oil to enable the proposed flight to be undertaken in safety.

Penalty:   50 penalty units.

         (3)   For the purposes of these regulations, in determining whether fuel and oil carried on an aircraft in respect of a particular flight was sufficient within the meaning of subregulations (1) and (2), a court must, in addition to any other matters, take into account the following matters:

                (a)    the distance to be travelled by the aircraft on the flight to reach the proposed destination;

               (b)    the meteorological conditions in which the aircraft is, or may be required, to fly;

                (c)    the possibility of:

                          (i)    a forced diversion to an alternative aerodrome; and

                         (ii)    a delay pending landing clearance; and

                         (iii)    air traffic control re-routing the flight after commencement of the flight; and

                        (iv)    a loss of pressurisation in the aircraft; and

                         (v)    where the aircraft is a multi-engined aircraft — an engine failure;

               (d)    any guidelines issued from time to time by CASA for the purposes of this regulation.

         (4)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

235         Take-off and landing of aircraft etc

         (1)   CASA may, for the purposes of these regulations, give directions setting out the method of estimating, with respect to an aircraft at anytime:

                (a)    the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time; and

               (b)    the centre of gravity of the aircraft at that time.

         (2)   CASA may, for the purpose of ensuring the safety of air navigation, give directions setting out the manner of determining, with respect to a proposed flight of an aircraft:

                (a)    a maximum weight, being a weight less than the maximum take-off weight of the aircraft; or

               (b)    a maximum weight, being a weight less than the maximum landing weight of the aircraft;

that the gross weight of the aircraft at take-off or landing, as the case may be, is not to exceed.

      (2A)   A person must not contravene a direction under subregulation (1) or (2).

Penalty:   50 penalty units.

         (3)   A manner of determining a maximum weight referred to in subregulation (2) shall be such as to take into account such of the following considerations as CASA considers appropriate:

                (a)    the type of aircraft;

               (b)    the kind of operations to be carried out during the flight;

                (c)    the performance of the aircraft in configurations in which it is likely to be flown and with faults that are likely to occur;

               (d)    the meteorological conditions at the aerodrome at which the aircraft is to take off or land;

                (e)    the altitude of the aerodrome at which the aircraft is to take off or land;

                (f)    the aerodrome dimensions in the direction in which the aircraft is to take off or land;

                (g)    the material of which the surface of the aerodrome in the direction in which the aircraft is to take off or land is constituted and the condition and slope of that surface;

                (h)    the presence of obstacles in the vicinity of the flight path along which the aircraft is to take off, approach or land;

                 (i)    the anticipated meteorological conditions over the intended route to be flown by the aircraft after take-off and over planned divergencies from that route; and

                (j)    the altitude of the terrain along and on either side of the intended route to be flown by the aircraft after take-off and of planned divergencies from that route.

         (4)   The pilot in command of an aircraft must not allow the aircraft to take off if its gross weight exceeds its maximum take-off weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the take-off, that lesser weight.

Penalty:   50 penalty units.

         (5)   The pilot in command of an aircraft must not allow the aircraft to take off if its gross weight exceeds, by more than the weight of fuel that would normally be used in flying to its next landing place or planned alternative aerodrome, its maximum landing weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the landing at that place or aerodrome, that lesser weight.

Penalty:   50 penalty units.

         (6)   The pilot in command of an aircraft, must not land the aircraft if its gross weight exceeds its maximum landing weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the landing, that lesser weight.

Penalty:   50 penalty units.

         (7)   CASA may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading of persons and goods (including fuel) on aircraft.

      (7A)   A person must not contravene a direction under subregulation (7).

Penalty:   50 penalty units.

         (8)   The pilot in command of an aircraft must not allow the aircraft to take off or land if a direction given under this regulation, about the loading of the aircraft has not been complied with.

Penalty:   50 penalty units.

         (9)   The pilot in command must ensure that the load of an aircraft throughout a flight shall be so distributed that the centre of gravity of the aircraft falls within the limitations specified in its certificate of airworthiness or its flight manual.

Penalty:   50 penalty units.

       (10)   A direction given under this regulation does not have effect in relation to a person until it has been served on the person.

       (11)   CASA may exempt an aircraft from any of the requirements imposed by this regulation.

       (12)   An offence against subregulation (2A), (4), (5), (6), (7A), (8) or (9) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

       (13)   It is a defence to a prosecution under subregulation (6) if the landing was made in an emergency.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (13) (see subsection 13.3 (3) of the Criminal Code).

235A       Minimum runway width

         (1)   In order to ensure the safety of air navigation, CASA may issue instructions specifying the minimum runway width applicable to an aeroplane or a type of aeroplane.

         (2)   The pilot in command of an aeroplane must not land at, or take-off from, a runway if the minimum width of the runway is less than the minimum runway width specified for that aeroplane or the type in which the aeroplane is included.

Penalty:   50 penalty units.

         (3)   An instruction issued under subregulation (1) does not have effect in relation to a person until it has been:

                (a)    served on the person; or

               (b)    published in AIP.

         (4)   CASA may, by instrument in writing, exempt an aeroplane or aeroplanes of a specified type, model or series from compliance with an instruction issued under subregulation (1).

         (5)   An exemption may be subject to such conditions, if any, as CASA specifies in the instrument as being necessary in the interests of safety.

         (6)   Before CASA decides to:

                (a)    exempt an aeroplane or a type, model or series of aeroplane from compliance with an instruction; or

               (b)    make an exemption subject to conditions;

CASA must take into account any relevant considerations relating to the interests of safety.

         (7)   The pilot in command of an aeroplane to which an exemption applies must not allow the aeroplane to land at, or take off from a runway if the landing or take-off results in the breach of a condition mentioned in subregulation (5).

Penalty:   50 penalty units.

      (7A)   An offence against subregulation (2) or (7) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (8)   In this regulation, type of aeroplane means a group of aeroplanes in respect of which a single type certificate is in force.

Examples

1.        Learjet Models 31 and 31A aeroplanes

2.        Boeing 747 series 100 and series 200B aeroplanes.

238         Icing conditions

         (1)   The pilot in command of an aircraft must not allow the aircraft to take off for a flight during which the aircraft may fly into known or expected icing conditions, if the aircraft is not adequately equipped with either de-icing or anti-icing equipment of the type and quantities directed by CASA.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

239         Planning of flight by pilot in command

         (1)   Before beginning a flight, the pilot in command shall study all available information appropriate to the intended operation, and, in the cases of flights away from the vicinity of an aerodrome and all I.F.R. flights, shall make a careful study of:

                (a)    current weather reports and forecasts for the route to be followed and at aerodromes to be used;

               (b)    the airways facilities available on the route to be followed and the condition of those facilities;

                (c)    the condition of aerodromes to be used and their suitability for the aircraft to be used; and

               (d)    the air traffic control rules and procedure appertaining to the particular flight;

and the pilot shall plan the flight in relation to the information obtained.

         (2)   When meteorological conditions at the aerodromes of intended landing are forecast to be less than the minima specified by CASA, the pilot in command shall make provision for an alternative course of action and shall arrange for the aircraft to carry the necessary additional fuel.

Penalty:   25 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

240         Authority may issue instructions in relation to flight planning

         (1)   CASA may, in relation to the planning of flights referred to in subregulation 239 (1), issue instructions about:

                (a)    the weather reports or forecasts to which a pilot in command must have regard in planning a flight; and

               (b)    the circumstances in which a pilot in command must plan for an alternative course of action (including the use of alternate aerodromes); and

                (c)    the information that the pilot in command must take into account in planning an alternative course of action including:

                          (i)    the range and timeliness of the available meteorological information about the aircraft’s destination; and

                         (ii)    the type and number of radio navigation aids that must be available at the aircraft’s destination; and

               (d)    the conditions that an alternate aerodrome must meet before it can be used as an alternate aerodrome.

         (2)   If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been:

                (a)    served on the person; or

               (b)    published in NOTAMS or AIP.

         (3)   CASA may give permission, subject to the conditions specified in the permission, for a pilot in command to plan a flight without having regard to an instruction under subregulation (1).

241         Flight plans — submission to air traffic control in certain cases

         (1)   CASA may, by notice published in Aeronautical Information Publications, declare that flights included in specified classes of flights are flights in respect of which flight plans are required, in the interests of safety and to ensure compliance with the Convention, to be submitted to air traffic control.

         (2)   Subject to subregulation (3), the pilot in command of an aircraft must not fly the aircraft on a flight included in a class of flights specified in a notice under subregulation (1) if a flight plan has not been submitted to air traffic control.

Penalty:   5 penalty units.

         (3)   CASA may, in a notice under subregulation (1), specify the circumstances in which, and the conditions subject to which, a flight included in a class of flights specified in the notice may be commenced and carried on before the flight plans for the flight are submitted to air traffic control and subregulation (2) does not apply to and in relation to the flight of an aircraft that has been commenced in those circumstances and so long as the conditions so specified are complied with.

         (4)   The pilot in command of an aircraft that deviates from a flight as specified in the flight plan that has been submitted under this regulation shall report the fact as soon as possible to air traffic control.

Penalty:   5 penalty units.

         (5)   An offence against subregulation (2) or (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

242         Testing of radio apparatus

         (1)   Before an aircraft is taxied on the manoeuvring area of an aerodrome for the purpose of moving to the take-off position, the pilot in command shall check that the radio apparatus fitted to the aircraft and to be used in flight is functioning correctly.

Penalty:   25 penalty units.

         (2)   If the check indicates any malfunctioning of any portion of the radio apparatus the pilot in command must not fly the aircraft until the apparatus has been certified by a person licensed or approved for the purpose as being in proper working order.

Penalty:   25 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

243         Listening watch

         (1)   When an aircraft is equipped with radio apparatus for use during flight, the pilot in command must maintain a listening watch, or must ensure that a listening watch is maintained, at all times commencing immediately prior to the time at which the aircraft commences to move on the manoeuvring area prior to flight and lasting until the aircraft is brought to a stop at the apron or other point of termination of the flight.

Penalty:   25 penalty units.

         (2)   Where the means of communication between air traffic control and an aircraft under its control is a voice communication channel, the pilot in command and any other pilot for the time being operating the controls of the aircraft shall personally maintain a listening watch on the appropriate radio frequency.

Penalty:   25 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

244         Safety precautions before take-off

         (1)   Immediately before taking-off on any flight, the pilot in command of an aircraft shall:

                (a)    test the flight controls on the ground to the full limit of their travel and make such other tests as are necessary to ensure that those controls are functioning correctly;

               (b)    ensure that locking and safety devices are removed and that hatches, doors and tank caps are secured; and

                (c)    ensure that all external surfaces of the aircraft are completely free from frost and ice.

Penalty:   50 penalty units.

         (2)   CASA may give such directions as CASA considers necessary in the interests of safety in respect of the duties and responsibilities of the pilot in command and other persons for tests, checks and other precautions before the despatch of an aircraft on any flight.

         (3)   A person must not contravene a direction.

Penalty:   50 penalty units.

         (4)   An offence against subregulation (1) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

245         Tests before and during the take-off run

         (1)   CASA may give directions specifying the tests to be carried out by the pilot in command of an aircraft before the commencement of, and during, a take-off run in order to be satisfied that the engine and associated items of equipment are functioning correctly within the permissible limits of performance.

         (2)   Before the commencement of, and during, a take-off run, the pilot in command of an aircraft shall:

                (a)    carry out all tests required to be carried out in relation to the aircraft under subregulation (1);

               (b)    test all flight instruments, and, in particular, all gyroscopic flight instruments, that it is possible to test so as to ensure that they are functioning correctly;

                (c)    ensure that all gyroscopic flight instruments are correctly set and uncaged; and

               (d)    perform such checks and tests as are required by the flight manual for, or the operations manual of, the aircraft.

Penalty:   25 penalty units.

         (3)   If an inspection, check or test made under subregulation (2) indicates any departure from the permissible limits or any malfunctioning in any particular (not being a departure or malfunctioning that is a permissible unserviceability), the pilot in command shall not commence the take-off or, if the pilot has commenced the take-off, shall abandon the take-off or take such other action as the pilot considers appropriate to ensure the safety of the aircraft and of persons on board the aircraft.

Penalty:   50 penalty units.

         (4)   An offence against subregulation (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

246         Movement on manoeuvring area

         (1)   Immediately before take-off, the pilot in command shall manoeuvre the aircraft so that he or she is able to observe traffic on the manoeuvring area of the aerodrome and incoming and outgoing traffic, in order that he or she may avoid collision with other aircraft during the take-off.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

247         Meteorological conditions observed en route

         (1)   The pilot in command shall report, in the approved form and at such times as requested by a meteorological observer, the meteorological conditions observed en route.

Penalty:   5 penalty units.

         (2)   When any meteorological condition, hazardous to flight, is encountered en route, the pilot in command shall report the condition as soon as possible, giving such details as appear pertinent to the safety of other aircraft.

Penalty:   5 penalty units.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

248         Reporting of defects

         (1)   At the termination of each flight, or in any urgent case, during the currency of the flight, the pilot in command shall report, in the manner and to the persons specified by CASA, all defects in the aircraft, aerodromes, air routes, air route facilities or airway facilities which have come to the pilot’s notice.

Penalty:   10 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   Where a defect in the aircraft is reported in accordance with subregulation (1), the operator of the aircraft shall take such action in relation thereto as is required under these regulations.

Division 4              General provisions relating to the operation of aircraft

249         Prohibition of carriage of passengers on certain flights

         (1)   The pilot in command of an aircraft that carries a passenger must not engage in any of the following types of flying:

                (a)    flying training given to a person who has not passed a general flying progress flight test for aircraft of the category concerned;

               (b)    practice of emergency procedures in the aircraft;

                (c)    low flying practice;

               (d)    testing an aircraft or its components, power plant or equipment.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   An aircraft while engaged in flying of the type specified in paragraph (1) (d) may carry engineering and maintenance personnel who are required, as part of their duties, to be present in the aircraft during the flight for the purpose of flight observation or of maintenance of the aircraft, including any aircraft component installed in the aircraft.

         (4)   For the purposes of this regulation, the categories of aircraft are as follows:

                (a)    aeroplanes;

               (b)    helicopters;

                (c)    gyroplanes;

               (d)    airships.

250         Carriage on wings, undercarriage etc

         (1)   The operator of an aircraft must not permit a person to be carried on:

                (a)    the wings or undercarriage of the aircraft; or

               (b)    any part of the aircraft that is not designed for the accommodation of the crew or passengers; or

                (c)    anything attached to the aircraft.

Penalty:   50 penalty units.

      (1A)   The pilot in command of an aircraft must not permit a person to be carried on:

                (a)    the wings or undercarriage of the aircraft; or

               (b)    any part of the aircraft that is not designed for the accommodation of the crew or passengers; or

                (c)    anything attached to the aircraft.

Penalty:   50 penalty units.

      (1B)   Subregulations (1) and (1A) do not apply to prevent a member of the crew having temporary access to:

                (a)    any part of the aircraft for the purpose of executing repairs or adjustments to the aircraft or its equipment, or doing anything that may be necessary for the safety of the aircraft or any persons or cargo carried in the aircraft; or

               (b)    any part of the aircraft in which goods or stores are being carried and to which proper means of access is provided.

         (2)   A person may, with the permission of CASA given in respect of:

                (a)    a particular flight;

               (b)    flights of a particular kind; or

                (c)    flights included in a series of flights;

be carried, during a flight in respect of which the permission is given, on or in a part of an aircraft that is not designed for the accommodation of the crew or passengers, or on or in anything attached to an aircraft.

         (3)   CASA may, when granting a permission referred to in subregulation (2), specify conditions subject to which a person may be carried.

         (4)   A person must not contravene a condition to which a permission is subject.

Penalty:   50 penalty units.

         (5)   An offence against subregulation (1), (1A) or (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (6)   It is a defence to a prosecution under subregulation (1) or (1A) if the person had CASA’s permission under subregulation (2).

Note   A defendant bears an evidential burden in relation to the matter in subregulation (6) (see subsection 13.3 (3) of the Criminal Code).

251         Seat belts and safety harness

         (1)   Subject to this regulation, seat belts shall be worn by all crew members and passengers:

                (a)    during take-off and landing;

               (b)    during an instrument approach;

                (c)    when the aircraft is flying at a height of less than 1,000 feet above the terrain; and

               (d)    at all times in turbulent conditions.

Penalty:   10 penalty units.

         (2)   Subregulation (1) does not apply in relation to an authorised officer of CASA undertaking examinations, inspections or checks of the work of an aircraft’s crew or the operation of an aircraft or its equipment under regulation 262.

         (3)   CASA may direct that a type of safety harness specified in the direction shall be worn in place of a seat belt in the circumstances set out in the direction.

         (4)   The pilot in command shall ensure that a seat belt or safety harness is worn at all times during flight by at least one of the pilot crew members.

Penalty:   25 penalty units.

         (5)   Subject to subregulation (6), the operator of an aircraft shall detail a member of the crew to ensure that a seat belt or safety harness is worn by each occupant of the aircraft during the times specified in subregulation (1) and to ensure that each belt or harness is adjusted to fit the wearer without slack.

Penalty:   10 penalty units.

         (6)   CASA may, for the purpose of ensuring the safety of air navigation, give directions requiring the owner or operator of an aircraft to install in the aircraft an approved communications system to enable the pilot in command to notify passengers when a seat belt or safety harness is to be worn.

      (6A)   A person must not contravene a direction.

Penalty:   10 penalty units.

         (7)   A direction given under this regulation does not have effect in relation to a person until it has been served on the person.

         (8)   An offence against subregulation (1), (4), (5) or (6A) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (9)   It is a defence to a prosecution under paragraph (1) (c) if CASA directed that seat belts need not be worn in that circumstance.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (9) (see subsection 13.3 (3) of the Criminal Code).

252         Provision of emergency systems etc

         (1)   CASA may give directions with respect to the provision in Australian aircraft of such emergency systems and equipment, and such life-saving equipment, as CASA considers necessary to safeguard the aircraft and persons on board the aircraft.

      (1A)   A person must not contravene a direction.

Penalty:   50 penalty units.

      (1B)   An offence against subregulation (1A) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   In giving a direction under subregulation (1), CASA shall have regard to the type of operation in which the aircraft is to be used.

         (3)   A direction given under this regulation does not have effect in relation to a person until it has been served on the person.

252A       Emergency locator transmitters

         (1)   On and after 31 July 1997, the pilot in command of an Australian aircraft that is not an exempted aircraft, may begin a flight only if the aircraft:

                (a)    is fitted with an approved ELT:

                          (i)    that is in working order; and

                         (ii)    whose switch is set to the position marked ‘armed’, if that switch has a position so marked; or

               (b)    carries, in a place readily accessible to the operating crew, an approved portable ELT that is in working order.

Penalty:   25 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   Subregulation (1) does not apply in relation to a flight by an Australian aircraft if:

                (a)    the flight is to take place wholly within a radius of 50 miles from the aerodrome reference point of the aerodrome from which the flight is to begin; or

               (b)    the flight is, or is incidental to, an agricultural operation; or

                (c)    CASA has given permission for the flight under regulation 21.197 of CASR; or

               (d)    the aircraft is new and the flight is for a purpose associated with its manufacture, preparation or delivery; or

                (e)    the flight is for the purpose of moving the aircraft to a place to have an approved ELT fitted to the aircraft, or to have an approved ELT that is fitted to it repaired, removed or overhauled.

         (3)   Subregulation (1) does not apply in relation to a flight by an Australian aircraft if, when the flight takes place:

                (a)    an approved ELT fitted to the aircraft, or an approved portable ELT usually carried in the aircraft, has been temporarily removed for inspection, repair, modification or replacement; and

               (b)    an entry has been made in the aircraft’s log book, or approved alternative maintenance record, stating:

                          (i)    the ELT’s make, model and serial number; and

                         (ii)    the date on which it was removed; and

                         (iii)    the reason for removing it; and

                (c)    a placard stating ‘ELT not installed or carried’ has been placed in the aircraft in a position where it can be seen by the aircraft’s pilot; and

               (d)    not more than 90 days have passed since the ELT was removed.

         (4)   For the purposes of this regulation, and subject to subregulation (6), an ELT is taken to be an approved ELT in relation to an aircraft if, and only if, it is automatically activated on impact and meets any of the following requirements:

                (a)    it is of a type that is authorised by the FAA in accordance with TSO C91a or TSO C126;

               (b)    CASA is satisfied that it meets the requirements of TSO C91a or TSO C126;

                (c)    it was fitted to the aircraft before 5 December 1996 and meets either of the following requirements:

                          (i)    it is of a type that is authorised by the FAA in accordance with TSO C91;

                         (ii)    CASA is satisfied that it meets the requirements of TSO C91.

         (5)   For the purposes of this regulation, and subject to subregulation (6), an ELT (whether or not automatically activated on impact) is taken to be an approved portable ELT if, and only if:

                (a)    it is a portable emergency position indicating radio beacon of a type that meets the requirements of MS 241, MS 309, AS/NZS 4330:1995 or AS/NZS 4280:1995; or

               (b)    it is a portable ELT of a type that meets the requirements of TSO C91, TSO C91a or TSO C126.

         (6)   For the purposes of this regulation, an ELT is not taken to be an approved ELT or an approved portable ELT if it is fitted with a lithium-sulphur dioxide battery that does not meet the requirements of TSO C97.

         (7)   In this regulation:

AS/NZS followed by a number and a year means the Australian/New Zealand Standard of that number published jointly in that year by Standards Australia and Standards New Zealand.

ELT means an emergency locator transmitter, an emergency position indicating radio beacon, or a personal locator beacon, that transmits on the frequency 121.5 MHz.

exempted aircraft means:

                (a)    a high-capacity regular public transport aircraft; or

               (b)    a high-capacity charter aircraft; or

                (c)    a single seat aircraft; or

               (d)    a turbojet-powered aircraft; or

                (e)    a balloon; or

                (f)    an airship; or

                (g)    a glider.

high-capacity, in relation to an aircraft, means permitted, by the aircraft’s certificate of type approval:

                (a)    to have a maximum seating capacity of more than 38 seats; or

               (b)    to carry a maximum payload of more than 4,200 kilograms.

MS followed by a number means the Ministerial Standard
of that number issued under section 9 of the  Radiocommunications Act 1983 and continued in force by section 4 of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992.

single seat aircraft means an aircraft that is equipped to carry only one person.

253         Emergency and life-saving equipment

         (1)   An operator shall not assign a person to act as a crew member of an aircraft, and a person shall not act as a crew member of an aircraft, unless the person is competent in the use of the emergency and life-saving equipment carried in the aircraft.

         (2)   An operator shall ensure that crew members are periodically tested as to competency in the use of the emergency and life-saving equipment carried in the aircraft to which they are assigned.

         (3)   The operator of an aircraft which is used in over-water flights shall ensure that each crew member is instructed in ditching and abandon ship procedures in so far as is practicable and that he or she is periodically tested as to his or her knowledge of those procedures.

         (4)   The operator of an aircraft shall detail a crew member to ensure that passengers are made familiar with the location of emergency exits in the aircraft in which they are travelling and the location and use of emergency equipment carried in the aircraft.

         (5)   The training and testing of crew members and the familiarization of passengers as required under the provisions of this regulation shall be carried out in such manner as CASA specifies to be satisfactory.

         (6)   CASA may issue directions as to the carriage in aircraft, and the use in such circumstances and subject to such conditions as CASA specifies, of medicinal preparations and drugs, including morphine and compounds of morphine or other opium alkaloids.

      (6A)   A person must not contravene a direction.

Penalty:   10 penalty units.

      (6B)   An offence against subregulation (6A) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (7)   Any medicinal preparations or drugs may be carried and used in aircraft in accordance with a direction given by CASA in pursuance of subregulation (6) without any licence, authority or other permission prescribed or required by or under the law of a State or Territory of the Commonwealth.

254         Exits and passageways not to be obstructed

         (1)   Unless CASA otherwise approves, this regulation applies to all passageways and exits in an aircraft that are for use by passengers or crew.

         (2)   When an aircraft is in flight, the pilot in command must ensure that all passageways and exits to which this regulation applies are kept free from obstruction.

Penalty:   10 penalty units.

         (3)   When an aircraft is in flight, the pilot in command must ensure that all exits to which this regulation applies are fastened in a way that permits their immediate use in an emergency.

Penalty:   25 penalty units.

         (4)   An offence against subregulation (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

255         Smoking in aircraft

         (1)   Subject to subregulation (1A), a person must not smoke:

                (a)    in a part of an aircraft in which a notice is permanently displayed indicating that smoking is prohibited at all times or without specifying a period during which smoking is prohibited;

               (b)    anywhere in an aircraft during take-off, landing or refuelling or during a period:

                          (i)    in which a notice is temporarily displayed indicating that smoking is prohibited; or

                         (ii)    which is specified in a permanently displayed notice as a period during which smoking is prohibited; or

                (c)    in a berth of a sleeper aircraft.

Penalty:   5 penalty units.

      (1A)   A person must not smoke in an aircraft toilet.

Penalty:   50 penalty units.

         (2)   The owner or operator of an aircraft and the pilot in command shall ensure:

                (a)    that provision is made in the aircraft by which a notice indicating that smoking is prohibited may be displayed during the periods when smoking is prohibited or, where the permission of CASA has been obtained, that a notice is permanently displayed in the aircraft specifying the periods during which smoking is prohibited; and

               (b)    that a notice indicating that smoking is prohibited at all times or without specifying a period during which smoking is prohibited is displayed:

                          (i)    in such parts of the aircraft as are specified for the purpose in the aircraft’s certificate of airworthiness or flight manual; and

                         (ii)    in the case of a sleeper aircraft, in each of the berths of the aircraft.

Penalty:   25 penalty units.

         (3)   The pilot in command of an aircraft must, if the permission of CASA has not been obtained under paragraph (2) (a) for the display of a permanent notice, ensure that the notice indicating that smoking is prohibited is displayed:

                (a)    during take-off, landing and refuelling;

               (b)    during such periods as are specified for the purpose in the aircraft’s certificate of airworthiness or flight manual; and

                (c)    during a period in which the pilot considers that smoking should be prohibited in the interests of safety.

Penalty:   25 penalty units.

      (3A)   An offence against subregulation (1), (1A), (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (4)   A notice required to be displayed in pursuance of this regulation shall be legible and shall be displayed in a conspicuous place.

256         Intoxicated persons not to act as pilots etc or be carried on aircraft

         (1)   A person shall not, while in a state of intoxication, enter any aircraft.

Penalty:   5 penalty units.

         (2)   A person acting as a member of the operating crew of an aircraft, or carried in the aircraft to act as a member of the operating crew, shall not, while so acting or carried, be in a state in which, by reason of his or her having consumed, used, or absorbed any alcoholic liquor, drug, pharmaceutical or medicinal preparation or other substance, his or her capacity so to act is impaired.

Penalty:   50 penalty units.

         (3)   A person shall not act as, or perform any duties or functions preparatory to acting as, a member of the operating crew of an aircraft if the person has, during the period of 8 hours immediately preceding the departure of the aircraft consumed any alcoholic liquor.

Penalty:   50 penalty units.

         (4)   A person who is on board an aircraft as a member of the operating crew, or as a person carried in the aircraft for the purpose of acting as a member of the operating crew, shall not consume any alcoholic liquor.

Penalty:   50 penalty units.

         (5)   A person shall not, while acting in any capacity in either air traffic control or Flight Service, be in a state in which, by reason of his or her having consumed, used, or absorbed any alcoholic liquor, drug, pharmaceutical or medicinal preparation or other substance, his or her capacity so to act is impaired.

Penalty:   50 penalty units.

         (6)   A person shall not act in any capacity in either air traffic control or Flight Service if the person has, during the period of 8 hours immediately preceding the commencement of the period of duty in which he or she so acts, consumed any alcoholic liquor.

Penalty:   50 penalty units.

         (7)   A person who is on duty in either air traffic control or Flight Service shall not consume any alcoholic liquor.

Penalty for a contravention of this subregulation:   50 penalty units.

         (8)   An offence against subregulation (1), (2), (3), (4), (5), (6) or (7) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

256AA    Offensive and disorderly behaviour

         (1)   A person in an aircraft must not behave in an offensive and disorderly manner.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

256A       Carriage of animals

         (1)   Subject to subregulation (8), the operator of an aircraft may permit a live animal to be in the aircraft only if:

                (a)    the animal is in a container and is carried in accordance with this regulation; or

               (b)    the animal is carried with the written permission of CASA and in accordance with any conditions specified in the permission.

Penalty:   25 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   Subregulation (1) does not apply to a dog accompanying a visually impaired or hearing impaired person as a guide or an assistant if the dog is:

                (a)    carried in the passenger cabin of the aircraft; and

               (b)    placed on a moisture-absorbent mat as near to the person as practicable; and

                (c)    restrained in a way that will prevent the dog from moving from the mat.

         (3)   More than one animal must not be kept in the same container if doing so would be likely to affect adversely the safety of the aircraft.

         (4)   A container must be so constructed that:

                (a)    an animal kept in the container cannot escape from the container; and

               (b)    any water or excreta in the container is not likely to escape from the container in normal flying conditions; and

                (c)    the container will withstand being damaged in a way that may allow an animal, or water or excreta, in the container to escape.

         (5)   A container in which an animal is kept must not be in the passenger cabin of an aircraft.

         (6)   If:

                (a)    an animal is carried in an aircraft in a container; and

               (b)    if the animal is not restrained it could move around inside the container in a way that may alter the distribution of the load of the aircraft; and

                (c)    the safety of the aircraft may be affected adversely by that movement;

the animal must be restrained in the container to prevent that movement.

         (7)   The means of restraint must be strong enough to withstand being damaged in a way that may allow the animal to escape.

         (8)   An animal must not be carried on an aircraft if carrying the animal would be likely to affect a person on the aircraft in a way that may affect adversely the safety of the aircraft.

         (9)   In this regulation, animal means any member of the animal kingdom other than man.

257         Aerodrome meteorological minima

         (1)   CASA may, in respect of an aircraft operation, determine the meteorological minima for the landing or taking-off of an aircraft at an aerodrome.

         (2)   A determination under subregulation (1) must be published in AIP or NOTAMS.

         (3)   If an element of the meteorological minima for the take-off of an aircraft at an aerodrome is less than that determined for the aircraft operation at the aerodrome, the aircraft must not take-off from that aerodrome.

Penalty:   50 penalty units.

         (4)   If an element of the meteorological minima for the landing of an aircraft at an aerodrome is less than that determined for the aircraft operation at the aerodrome, the aircraft must not land at that aerodrome.

Penalty:   50 penalty units.

      (4A)   An offence against subregulation (3) or (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (5)   Subregulation (4) does not apply if an emergency arises that, in the interests of safety, makes it necessary for an aircraft to land at an aerodrome where the meteorological minima is less than that determined for that aircraft operation at that aerodrome.

         (6)   This regulation does not prevent a pilot from:

                (a)    making an approach for the purpose of landing at an aerodrome; or

               (b)    continuing to fly towards an aerodrome of intended landing specified in the flight plan;

if the pilot believes, on reasonable grounds, that the meteorological minima determined for that aerodrome will be at, or above, the meteorological minima determined for the aerodrome at the time of arrival at that aerodrome.

258         Flights over water

         (1)   The pilot in command of the aircraft must not fly over water at a distance from land greater than the distance from which the aircraft could reach land if the engine, or, in the case of a multi-engined aircraft, the critical engine (being the engine the non-operation of which when the other engines are in operation gives the highest minimum speed at which the aircraft can be controlled) were inoperative.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   It is a defence to a prosecution under subregulation (1) if the flight was:

                (a)    in accordance with directions issued by CASA; or

               (b)    in the course of departing from or landing at an aerodrome in accordance with a normal navigational procedure for departing from or landing at that aerodrome.

Note   A defendant bears an evidential burden in relation to the matters in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

259         Manned free balloons

         (1)   A person must not fly a free balloon if the person does not have the express permission of CASA and then only in accordance with the terms of that permission.

Penalty:   10 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   This regulation does not apply to an unmanned free balloon to which Part 101 of CASR applies.

260         Manned fixed balloons and kites

         (1)   Despite regulation 157, a person may fly a fixed balloon or kite at a height not exceeding 300 feet.

         (2)   A person must not fly a fixed balloon or kite within 4 000 metres of an aerodrome or at a height of more than 300 feet if the following requirements are not satisfied:

                (a)    the person has CASA’s permission to fly the balloon or kite at that height;

               (b)    the flight is in accordance with the terms of that permission.

Penalty:   10 penalty units.

         (3)   A person flying a fixed balloon or kite must fly it in V.M.C.

Penalty:   10 penalty units.

         (4)   An offence against subregulation (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (5)   This regulation does not apply to an unmanned fixed balloon or kite to which Part 101 of CASR applies.

262         Carriage of examiners

         (1)   CASA may authorise officers of CASA to undertake examinations, inspections or checks of the work of an aircraft’s crew, the operation of an aircraft or its equipment or of the ground organisation provided by the operator of an aircraft for use by aircraft.

         (2)   An operator must provide an authorised officer with accommodation on aircraft in the following circumstances:

                (a)    on receipt of 7 days’ notice prior to a flight from the officer of his or her intention to travel on that flight;

               (b)    on immediate demand from the officer of his or her intention to travel, if his or her carriage in the aircraft does not mean the off-loading of a passenger or of cargo being carried in the aircraft on the particular flight concerned;

                (c)    on immediate demand from the officer of his or her intention to travel irrespective of whether his or her carriage in the aircraft means the off-loading of a passenger or of goods, if the officer considers the circumstances of the case so warrant.

Penalty:   10 penalty units.

      (2A)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   In every case where the carriage of an officer in the circumstances specified in paragraph (2) (a) or (c) entails a loss of revenue to the owner of the aircraft due to the necessity of providing accommodation which would otherwise have been used for the carriage of a paying passenger or of cargo for which freight would have been charged, the owner shall be paid an amount equivalent to the loss of revenue.

Division 5              Airborne collision avoidance systems

262AA    Definitions

                In this Division:

ACAS means an airborne collision avoidance system for an aircraft that, when fitted to it, is used to provide information to a pilot of the aircraft for avoiding a collision with another aircraft.

large-capacity aeroplane means an aeroplane that:

                (a)    has a maximum take-off weight of more than 15,000 kg; or

               (b)    is permitted by its type certificate to have a passenger seating capacity of more than 30 seats.

resolution advisory means information that:

                (a)    is provided to a pilot of an aircraft by a TCAS II that is fitted to the aircraft; and

               (b)    is about a manoeuvre for averting a collision with another aircraft that the TCAS II recognises as a threat.

TCAS II means a type of ACAS that:

                (a)    interrogates, and receives replies from, a secondary surveillance radar transponder; and

               (b)    uses those replies to provide resolution advisories in the vertical plane, traffic advisories or both.

traffic advisory means information that:

                (a)    is provided to a pilot of an aircraft by a TCAS II that is fitted to the aircraft; and

               (b)    is about another aircraft that the TCAS II recognises as an intruder.

turbine-powered commercial aeroplane means a large-capacity aeroplane that:

                (a)    is propelled by turbojet, turbofan or turboprop engines; and

               (b)    is being used, for hire or reward, to carry passengers, cargo or both.

262AB    Meaning of approved TCAS II

                In this Division, a TCAS II is taken to be an approved TCAS II for an aircraft only if:

                (a)    it has a marking under an authority or approval issued by the Administrator of the FAA indicating compliance with the requirements of TSO-C119b; or

               (b)    in the case of a TCAS II that is not marked as mentioned in paragraph (a) — its design, construction, installation and performance meet the requirements of TSO-C119b.

Subdivision 1              Australian aircraft

262AC    ACAS requirements — turbine-powered commercial aeroplanes

         (1)   After 31 December 1999, the pilot in command of an Australian aircraft that is a turbine-powered commercial aeroplane must not begin a flight if the aircraft is not fitted with an approved TCAS II that is serviceable.

Penalty:   25 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   Subregulation (1) does not apply if:

                (a)    the flight is for the purpose of moving the aircraft to a place to have:

                          (i)    an approved TCAS II fitted to the aircraft; or

                         (ii)    an approved but unserviceable TCAS II that is fitted to the aircraft repaired, removed or overhauled; or

               (b)    when the flight takes place, inclusion in the aircraft of an approved but unserviceable TCAS II amounts to a permissible unserviceability in the aircraft.

Note   On or after 1 May 2001, only an ACAS-current pilot may act as pilot in command of an Australian aircraft during any period while an approved TCAS II fitted to the aircraft is activated: see regulations 5.26B to 5.26J.

262AD    ACAS must be activated during flight

         (1)   The pilot in command of an Australian aircraft that is a turbine-powered commercial aeroplane fitted with an approved TCAS II that is serviceable must take all reasonable steps to ensure that the TCAS II is activated at all times while the aircraft is in flight.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AE    Reporting unserviceable ACAS during flight

         (1)   This regulation applies to an approved TCAS II fitted to an Australian aircraft that is a turbine-powered commercial aeroplane.

         (2)   If a TCAS to which this regulation applies becomes unserviceable while the aircraft is in flight in, or on a flight into, Australian territory, the pilot in command must:

                (a)    if the aircraft is in controlled airspace — tell air traffic control of the unserviceability as soon as practicable; or

               (b)    if the aircraft is not in controlled airspace — take all reasonable steps to tell air traffic control of the unserviceability before entering controlled airspace.

Penalty:   5 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AF    Reporting unserviceable ACAS before flight

         (1)   Before beginning a flight in Australian territory in an Australian aircraft that is a turbine-powered commercial aeroplane, the pilot in command must tell air traffic control that the aircraft is beginning the flight without an approved TCAS II that is serviceable if:

                (a)    the flight is for the purpose set out in paragraph 262AC (2) (a); or

               (b)    the aircraft is fitted with an approved but unserviceable TCAS II whose inclusion in the aircraft amounts to a permissible unserviceability in the aircraft.

Penalty:   5 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Subdivision 2              Foreign aircraft

262AG    ACAS requirements — turbine-powered commercial aeroplanes

         (1)   After 31 December 1999, the pilot in command of a foreign aircraft that is a turbine-powered commercial aeroplane must not begin a flight in Australian territory if the aircraft is not fitted with an approved TCAS II that is serviceable.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   Subregulation (1) does not apply if:

                (a)    the flight is for the purpose of moving the aircraft to a place to have an approved but unserviceable TCAS II that is fitted to the aircraft repaired, removed, replaced or overhauled; or

               (b)    the aircraft is fitted with an approved TCAS II that is unserviceable and, at the beginning of the flight:

                          (i)    the unserviceability is permitted for the aircraft under a law in force in the country in which the aircraft is registered; and

                         (ii)    not more than 10 days have passed since the TCAS II became unserviceable; and

                         (iii)    the aircraft has been in Australian territory for no more than a total of 72 hours during those days.

262AH    ACAS must be activated during flight

         (1)   The pilot in command of a foreign aircraft that is a turbine-powered commercial aeroplane fitted with an approved TCAS II that is serviceable must take all reasonable steps to ensure that the TCAS II is activated at all times while the aircraft is in flight in Australian territory.

Penalty:   25 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AI      Reporting unserviceable ACAS during flight

         (1)   This regulation applies to an approved TCAS II fitted to a foreign aircraft that is a turbine-powered commercial aeroplane.

         (2)   If a TCAS to which this regulation applies becomes unserviceable while the aircraft is in flight in, or on a flight into, Australian territory, the pilot in command must:

                (a)    if the aircraft is in controlled airspace — tell air traffic control of the unserviceability as soon as practicable; or

               (b)    if the aircraft is not in controlled airspace — take all reasonable steps to tell air traffic control of the unserviceability before entering controlled airspace.

Penalty:   5 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AJ    Reporting unserviceable ACAS before flight

         (1)   Before beginning a flight of a kind mentioned in subregulation 262AG (3), the pilot in command must tell air traffic control that the aircraft does not have a serviceable TCAS II.

Penalty:   5 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Division 6              Operating limitations for aircraft certificated in certain categories and experimental aircraft

262AK    Application of this Division

                This Division applies to aircraft certificated under Part 21 of CASR in the restricted, limited, provisional, primary or intermediate category, and to experimental aircraft.

262AL    Restricted category aircraft — operating limitations

         (1)   A person may operate a restricted category aircraft only in:

                (a)    a special purpose operation for which a special certificate of airworthiness in the restricted category is in force for the aircraft under regulation 21.185 of CASR; or

               (b)    an operation permitted under subregulation (2).

Penalty:   50 penalty units.

         (2)   A restricted category aircraft may be used for any of the following operations in support of a special purpose operation for which it is type certificated under regulation 21.025 of CASR:

                (a)    participation in an air display;

               (b)    taking the aircraft to or from a place where a demonstration or display of the aircraft is to take place or has taken place during an air display;

                (c)    practice in flying the aircraft for participation in an air display;

               (d)    taking the aircraft to or from a place where maintenance on the aircraft may be done, or has been done;

                (e)    testing the aircraft after maintenance;

                (f)    training a person to qualify for an aircraft endorsement for an aircraft of the type or category in which the aircraft is included;

                (g)    pilot proficiency training or practice in flying the aircraft, or training in a special purpose operation for which the aircraft is certificated;

                (h)    carrying out a demonstration or test of the aircraft for sale;

                 (i)    delivering the aircraft to a person under a contract of sale;

                (j)    an operation necessary to accomplish the special purpose operation.

         (3)   A person must not operate a restricted category aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c).

Penalty:   50 penalty units.

         (4)   Subregulation (3) does not prohibit the following:

                (a)    carrying a person on a special purpose operation for which the aircraft is type certificated, if the person performs an essential function in the operation or is needed to accomplish the work activity directly associated with the special purpose;

               (b)    carrying a flight crew member for the purpose of giving the flight crew member training in carrying out a special purpose operation for which the aircraft is type certificated;

                (c)    carrying material on a special purpose operation for which the aircraft is type certificated, if the material is needed to carry out the special purpose operation or the work activity associated with it.

         (5)   The operator and the pilot in command of a restricted category aircraft must not permit a person to be carried on the aircraft if the person is not a person mentioned in subregulation (6).

Penalty:   50 penalty units.

         (6)   Subregulation (5) does not apply to the following:

                (a)    a flight crew member;

               (b)    a flight crew member under training;

                (c)    a person who performs an essential function in a special purpose operation for which the aircraft is type certificated;

               (d)    a person who is needed to accomplish the work activity directly associated with the special purpose.

         (7)   A person must not operate a restricted category aircraft if a shoulder harness is not installed for each seat located at a flight crew member station, and each seat located beside a seat at a flight crew member station.

Penalty:   25 penalty units.

         (8)   An offence against subregulation (1), (3), (5) or (7) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AM   Limited category aircraft — operating limitations

         (1)   A person may operate a limited category aircraft only in:

                (a)    a special purpose operation for which a special certificate of airworthiness in the limited category is in force under regulation 21.189 of CASR; or

               (b)    an operation permitted under subregulation (2).

Penalty:   50 penalty units.

         (2)   A limited category aircraft may be used for any of the following operations in support of a special purpose operation for which the special certificate of airworthiness was issued:

                (a)    participation in an air display;

               (b)    taking the aircraft to or from a place where a demonstration or display of the aircraft is to take place, or has taken place, during an air display;

                (c)    practice flying of the aircraft for participation in an air display;

               (d)    taking the aircraft to or from a place where maintenance on the aircraft is to be done, or has been done;

                (e)    testing the aircraft after maintenance;

                (f)    training a person to qualify for an aircraft endorsement for an aircraft of the type or category in which the aircraft is included;

                (g)    practice in flying the aircraft, or training in a special purpose operation for which the aircraft is certificated;

                (h)    carrying out a demonstration or test of the aircraft for sale;

                 (i)    delivering the aircraft to a person under a contract of sale;

                (j)    an operation necessary to accomplish the special purpose operation.

         (3)   Except as permitted by subregulation (7), a person must not operate a limited category aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c).

Penalty:   50 penalty units.

         (4)   A person must not operate a limited category aircraft carrying a passenger if each of the following requirements is not satisfied:

                (a)    no more than 6 (or a greater number approved by CASA or an authorised person) people are on board;

               (b)    the operator or the pilot in command ensures that each passenger is told about the matters mentioned in subregulation (5):

                          (i)    if the passenger is being carried as permitted under subregulation (7) and pays for the flight before boarding the aircraft — before the passenger pays for the flight; or

                         (ii)    in any other case — before the passenger boards the aircraft;

                (c)    a placard bearing the warning stated in subregulation (6) is displayed inside the aircraft in a way that is conspicuous to, and can be easily read by, each person in the aircraft.

Penalty:   50 penalty units.

         (5)   For paragraph (4) (b), the matters about which a passenger must be told are that:

                (a)    the design, manufacture, and airworthiness of the aircraft are not required to meet any standard recognised by CASA; and

               (b)    CASA does not require the aircraft to be operated to the same degree of safety as an aircraft on a commercial passenger flight; and

                (c)    the passenger flies in the aircraft at his or her own risk.

         (6)   For paragraph (4) (c), the warning is:

‘WARNING

PERSONS FLY IN THIS AIRCRAFT AT THEIR OWN RISK

THIS AIRCRAFT HAS BEEN DESIGNED FOR SPECIAL OPERATIONS AND IS NOT OPERATED TO THE SAME SAFETY STANDARDS AS A NORMAL COMMERCIAL PASSENGER FLIGHT’.

         (7)   A person may carry passengers in a limited category aircraft in circumstances where payment is made for carriage, and subregulation 2 (7A) does not apply, only if:

                (a)    the pilot in command holds a commercial pilot licence, or an air transport pilot licence, with appropriate ratings and endorsements for a flight of that kind; and

               (b)    the aircraft departs from and returns to the same aerodrome without landing anywhere else; and

                (c)    the flight does not involve training or flight testing, and is not a scenic flight; and

               (d)    the aircraft:

                          (i)    is a replica aircraft, ex-military aircraft or historic aircraft; or

                         (ii)    is being operated for the purpose of parachute jumping, mock combat or aerobatics; or

                         (iii)    is being operated only to carry passengers as part of an intrinsically hazardous recreational activity; and

                (e)    each passenger has acknowledged in writing that the passenger has been told about the matters mentioned in subregulation (5).

Penalty:   50 penalty units.

         (8)   The aircraft operator:

                (a)    must keep an acknowledgment required under paragraph (7) (e) for at least 3 months; and

               (b)    must not keep it in an aircraft.

Penalty:   10 penalty units.

       (10)   A limited category aircraft may be operated over the built-up area of a city or town only if:

                (a)    CASA or an authorised person has assigned it, under subregulation (14), a permit index of 0; or

               (b)    CASA or an authorised person has assigned it a permit index of 1 and:

                          (i)    it is only flown over the area to the least extent necessary to allow it to take off from, or land at, a particular aerodrome, or follow a procedure approved by CASA or an authorised person for the safety of other airspace users and persons on the ground or water; and

                         (ii)    if it is using an aerodrome in a capital city — it follows an access route approved by CASA or an authorised person for the purpose; or

                (c)    CASA or an authorised person has approved it to do so.

Penalty:   50 penalty units.

       (11)   In considering whether to grant an approval under paragraph (10) (c), CASA or the person authorised under that paragraph must take into account the aircraft’s permit index and anything else CASA or the authorised person considers relevant for the safety of other airspace users and persons on the ground or water.

       (12)   A person must not operate a limited category aircraft in another country’s airspace if the operation of the aircraft is not in accordance with the approval of the appropriate authority of the country.

Penalty:   10 penalty units.

       (13)   A person must not operate a limited category aircraft for a purpose mentioned in paragraph 206 (1) (a) if the person is not the holder of an appropriate AOC.

Penalty:   10 penalty units.

       (14)   CASA or an authorised person must assign a permit index (that is, a whole number between 0 and 3) in accordance with Advisory Circular 21.25 issued by CASA, as published from time to time, to a limited category aircraft for the purpose of applying appropriate safety conditions to the operation of the aircraft.

       (15)   An offence against subregulation (1), (3), (4), (7), (8), (10), (12) or (13) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AN    Approved organisations

         (1)   CASA may approve an organisation to administer the operation of limited category aircraft engaged in a special purpose operation mentioned in subregulation 21.189 (3) of CASR if CASA is satisfied that the organisation:

                (a)    is suitable, and has enough suitably qualified and competent personnel, to ensure that the administration of relevant aircraft operations, airworthiness assessments and continuing airworthiness procedures can be properly carried out; and

               (b)    has suitable practices, procedures, limitations and conditions to control the operation and ensure that the operational and airworthiness activities that it is to administer are conducted safely; and

                (c)    has engaged, employed or contracted a chief executive who has authority and responsibility for ensuring that all activities carried out by the organisation are done with a reasonable degree of care and diligence.

         (2)   However, CASA may approve an organisation under subregulation (1) only if the organisation produces and keeps up to date a manual, or manuals, acceptable to CASA, that:

                (a)    is or are consistent with these regulations; and

               (b)    documents the practices, procedures, limitations and conditions mentioned in paragraph (1) (b).

         (3)   A person must operate a limited category aircraft only in accordance with a manual produced by an organisation approved under subregulation (1).

Penalty:   50 penalty units.

         (4)   Subregulation (3) does not apply if the person has CASA’s approval to operate other than in accordance with a manual produced by an organisation approved under subregulation (1).

         (5)   An offence against subregulation (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AO    Provisionally certificated aircraft — operating limitations

         (1)   A person must not operate a provisionally certificated aircraft if the person is not the holder of the provisional certificate of airworthiness for that aircraft.

Penalty:   50 penalty units.

         (2)   A person must not operate a provisionally certificated aircraft in another country’s airspace if the operation is not in accordance with the approval of the appropriate authority of the country.

Penalty:   10 penalty units.

         (3)   A person must not operate a provisionally certificated aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c).

Penalty:   50 penalty units.

         (4)   A person may operate a provisionally certificated aircraft only if:

                (a)    to obtain type or supplemental type certification for the aircraft; or

               (b)    for training flight crews, including simulated operations of the type mentioned in paragraph 206 (1) (b) or (c); or

                (c)    for a demonstration flight by the manufacturer for prospective purchasers; or

               (d)    for market surveys by the manufacturer; or

                (e)    for flight checking of instruments, accessories, and items of equipment that do not affect the basic airworthiness of the aircraft; or

                (f)    for service testing of the aircraft.

Penalty:   50 penalty units.

         (5)   A person operating a provisionally certificated aircraft must operate within the limitations displayed in the aircraft or stated in the provisional aircraft flight manual or other appropriate document.

         (6)   However, when operating the aircraft during its type certification or supplemental type certification, the person must operate under the limitations applying to experimental aircraft under regulation 262AP and, when flight testing it, must comply with regulation 262AS.

Penalty:   50 penalty units.

         (7)   A person operating a provisionally certificated aircraft must establish approved procedures for:

                (a)    use by, and guidance of, flight and ground personnel in operating under this regulation; and

               (b)    landing at and taking-off from aerodromes where take-offs or approaches over populated areas are necessary.

Penalty:   50 penalty units.

         (8)   A person operating a provisionally certificated aircraft must comply with the approved procedures.

Penalty:   50 penalty units.

         (9)   A person operating a provisionally certificated aircraft must ensure that each flight crew member is properly licensed and rated, and has adequate knowledge of and familiarity with, the aircraft and procedures to be used by the crew member.

Penalty:   50 penalty units.

       (10)   A person operating a provisionally certificated aircraft must maintain it in accordance with a maintenance program approved under regulation 21.081 or 21.083 of CASR.

Penalty:   50 penalty units.

       (11)   A person operating a provisionally certificated aircraft:

                (a)    must not carry anyone in the aircraft who does not have a proper interest in the operations allowed by this regulation, or who is not specifically authorised by both the manufacturer, and by CASA or an authorised person, to be carried; and

               (b)    must tell each person carried that the aircraft is provisionally certificated.

Penalty:   50 penalty units.

       (12)   An offence against subregulation (1), (2), (3), (4), (6), (7), (8), (9), (10) or (11) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AP    Experimental aircraft — operating limitations

         (1)   A person must not operate an aircraft for which a special certificate of airworthiness is in force under regulation 21.195A of CASR, if the operation is not one of the following kinds:

                (a)    an operation for a purpose for which the certificate is issued;

               (b)    an operation permitted by subregulation (2).

Penalty:   50 penalty units.

         (2)   An experimental aircraft may be used for any of the following operations in support of an operation for which the special certificate of airworthiness was issued:

                (a)    taking the aircraft to or from a place where maintenance on the aircraft can be done, or has been done;

               (b)    testing the aircraft after maintenance;

                (c)    training a person to qualify for an aircraft endorsement on the aircraft;

             (d)    practice in flying the aircraft;

             (e)    carrying out a demonstration or test of the aircraft for sale;

              (f)    delivering the aircraft to a person under a contract of sale;

                (g)    for an amateur-built or kit-built aircraft — flying training given in the aircraft to its owner.

         (3)   A person must not operate an experimental aircraft outside the area assigned for the purpose by CASA or an authorised person, and must not carry persons other than essential crew in the aircraft, until it is shown that it:

                (a)    is controllable throughout its normal range of speeds and throughout all the manoeuvres to be executed; and

               (b)    has no hazardous operating characteristics or design features.

Penalty:   50 penalty units.

         (4)   A person must not operate an experimental aircraft over the built-up area of a city or town unless authorised to do so under subregulation (5).

Penalty:   50 penalty units.

         (5)   CASA or an authorised person may authorise a particular aircraft to be operated over the built-up area of a city or town subject to the conditions and limitations CASA or the authorised person considers necessary for the safety of other airspace users and persons on the ground or water.

         (6)   A person operating an experimental aircraft must operate it only:

                (a)    by day and under V.F.R; or

               (b)    otherwise in accordance with an approval by CASA or an authorised person.

Penalty:   50 penalty units.

         (7)   A person must not operate an experimental aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c).

Penalty:   50 penalty units.

         (8)   A person must not operate an experimental aircraft carrying a passenger if each of the following requirements is not satisfied:

                (a)    no more than 6 (or a greater number approved by CASA or an authorised person) people are on board;

               (b)    the operator or the pilot in command ensures that each person carried is told before boarding the aircraft that:

                          (i)    the design, manufacture, and airworthiness of the aircraft is not required to meet any standards recognised by CASA; and

                         (ii)    persons fly in the aircraft at their own risk;

                (c)    a placard bearing the warning stated in subregulation (9) is displayed inside the aircraft in a way that is conspicuous to, and can be easily read by, each person in the aircraft.

Penalty:   50 penalty units.

         (9)   For paragraph (8) (c), the warning is:

‘WARNING

PERSONS FLY IN THIS AIRCRAFT AT THEIR OWN RISK

THIS AIRCRAFT IS NOT OPERATED TO THE SAME SAFETY STANDARDS AS A NORMAL COMMERCIAL PASSENGER FLIGHT

CASA DOES NOT SET AIRWORTHINESS STANDARDS FOR EXPERIMENTAL AIRCRAFT’.

       (11)   A person must not operate an experimental aircraft in another country’s airspace if it is not in accordance with the approval of the appropriate authority of the country.

Penalty:   10 penalty units.

       (12)   A person must not operate an experimental aircraft for a purpose mentioned in paragraph 206 (1) (a) if the person is not the holder of an appropriate AOC.

Penalty:   10 penalty units.

       (13)   An offence against subregulation (1), (3), (4), (6), (7), (8), (11) or (12) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AQ    Primary category aircraft — operating limitations

         (1)   A person must not operate a primary category aircraft in aerial work operations (other than flying training) or for a purpose mentioned in paragraph 206 (1) (b) or (c).

Penalty:   50 penalty units.

         (2)   A person may make a primary category aircraft available for rental only:

                (a)    if it is maintained by a LAME or an approved maintenance organisation; and

               (b)    for personal use or flying training.

Penalty:   50 penalty units.

         (3)   A person may operate a primary category aircraft that is not maintained by a LAME or an approved maintenance organisation only if:

                (a)    the aircraft is maintained by the pilot-owner under an approved special inspection and maintenance program; and

               (b)    the pilot-owner has a certificate of competency to maintain the aircraft issued by an organisation holding an appropriate certificate of approval under regulation 30; and

                (c)    the aircraft is operated by the pilot-owner or a person nominated by the pilot-owner; and

               (d)    the pilot-owner is not paid and does not receive other compensation for the use of the aircraft.

Penalty:   50 penalty units.

         (4)   An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AR    Intermediate category aircraft — operating limitations

         (1)   A person must not operate an intermediate category aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c) if the person is not the holder of an appropriate AOC.

Penalty:   50 penalty units.

         (2)   A person may make an intermediate category aircraft available for rental only:

                (a)    if it is maintained by a LAME or an approved maintenance organisation; and

               (b)    for personal use or flying training.

Penalty:   50 penalty units.

         (3)   A person may operate an intermediate category aircraft that is not maintained by a LAME or an approved maintenance organisation only if:

                (a)    the aircraft is maintained by the pilot-owner under an approved special inspection and maintenance program; and

               (b)    the pilot-owner has a certificate of competency to maintain the aircraft issued by an organisation holding an appropriate certificate of approval under regulation 30; and

                (c)    the aircraft is operated by the pilot-owner or a person nominated by the pilot-owner; and

               (d)    the pilot-owner does not receive payment for the use of the aircraft.

Penalty:   50 penalty units.

         (4)   An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

262AS    Where aircraft may be flight tested

         (1)   A person may flight test an aircraft only:

                (a)    over open water or a sparsely populated area; and

               (b)    where there is no more than light air traffic.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.


 

 

Part 16               Refusal to grant, and suspension and cancellation of, licences, certificates and authorities

  

263         Interpretation

         (1)   In this Part, unless the contrary intention appears:

authority means:

                (a)    an airworthiness authority; or

               (b)    an aircraft welding authority;

under Division 3 of Part 4.

certificate means:

                (a)    a certificate under Division 3 of Part 4; or

               (b)    a certificate of validation.

licence means:

                (a)    a licence under Division 3 of Part 4;

               (b)    a flight crew licence; or

              (ba)    a special pilot licence; or

                (c)    a flight crew rating; or

               (d)    an aircraft endorsement.

         (2)   A reference in this Part to a licence or an authority shall be read as including a reference to a rating or other endorsement on a licence or an authority by virtue of which the holder of a licence or an authority so endorsed has under these regulations specific privileges or authority to exercise or perform specific functions or duties in relation to the operation or maintenance of aircraft.

         (3)   A reference in this Part to variation of a licence or an authority shall be read as including a reference to the inclusion, deletion or alteration of an endorsement on a licence or an authority.

         (4)   In this regulation:

aircraft endorsement has the same meaning as in regulation 5.01.

264         Refusal to grant licence or certificate

         (1)   CASA shall not refuse to grant a licence or certificate except on one or more of the following grounds, namely:

                (a)    that the applicant has failed to satisfy a requirement prescribed by or specified under these regulations in relation to the grant of the licence or certificate;

               (b)    that the applicant has made in, or in connection with, the application a statement that was false or misleading in a material particular; or

              (ba)    that a court has made an order under section 30A of the Act in relation to the applicant; or

                (c)    in relation to the initial issue of a licence or certificate:

                          (i)    that the applicant was the holder of a licence or certificate that was previously cancelled; or

                         (ii)    that the applicant is not a fit and proper person to have the responsibilities and exercise and perform the functions and duties of a holder of the licence or certificate for which the application was made.

         (2)   Where CASA makes a decision refusing to grant a licence or a certificate as referred to in subregulation (1), CASA shall, by notice in writing, inform the applicant of the making of that decision and of the grounds for the decision.

         (3)   This regulation does not apply to a flight crew licence, a special pilot licence, a certificate of validation, a flight crew rating or an aircraft endorsement.

         (4)   In this regulation:

aircraft endorsement has the same meaning as in regulation 5.01.

265         Suspension of licence or authority for purpose of examination

         (1)   If:

                (a)    CASA requires the holder of a licence to undergo an examination under regulation 33, 5.38, 107 or 117; or

                (c)    CASA requires the holder of an authority to undergo an examination under regulation 33;

CASA may suspend the licence or authority by giving the holder of the licence or authority written notice of the suspension.

         (2)   Where the result of the examination does not show any ground on which the licence or authority may be suspended or cancelled, CASA shall forthwith terminate the suspension of the licence or authority and, by notice in writing served on the holder of the licence or authority, notify the holder that the suspension has been so terminated.

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