Federal Register of Legislation - Australian Government

Primary content

Civil Aviation Safety Amendment (Part 91) Regulations 2018

Authoritative Version
  • - F2018L01783
  • In force - Superseded Version
  • View Series
Regulations as made
These regulations amend the Civil Aviation Safety Regulations 1998 to substitute a new Part 91 – General Operating and Flight Rules.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 18 Dec 2018
Tabling HistoryDate
Tabled HR12-Feb-2019
Tabled Senate12-Feb-2019
To be repealed 26 Mar 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

 

Civil Aviation Safety Amendment (Part 91) Regulations 2018

I, the Honourable Paul de Jersey AC, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 06 December 2018

Paul de Jersey AC

Administrator of the Government of the Commonwealth of Australia

By His Excellency’s Command

Michael McCormack

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Civil Aviation Safety Regulations 1998                                                                                            2

 


1  Name

                   This instrument is the Civil Aviation Safety Amendment (Part 91) Regulations 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

25 March 2021.

25 March 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Civil Aviation Act 1988.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Civil Aviation Safety Regulations 1998

1  Part 91

Repeal the Part, substitute:

Part 91General operating and flight rules

  

Table of Contents

Subpart 91.A—Preliminary

91.005       Application of Part 91—Australian aircraft in Australian territory

91.010       Application of Part 91—Australian aircraft in foreign countries

91.015       Application of Part 91—Australian aircraft over the high seas

91.020       Application of Part 91—foreign registered aircraft

91.025       Application of Part 91—foreign state aircraft

91.030       Application of Part 91—aircraft to which Part 101, 103 or 131 applies

91.035       Application of Part 91—certain provisions of this Part do not apply if provisions of Part 121, 133, 135 or 138 apply

91.040       Issue of Manual of Standards for Part 91

91.045       Approvals by CASA for Part 91

91.050       Approvals by authorised persons for Subpart 91.T

Subpart 91.C—General

Division 91.C.1—General flight limitations

91.055       Aircraft not to be operated in manner that creates a hazard

91.060       Unauthorised travel or placing of cargo on aircraft

91.065       Aircraft to be flown under VFR or IFR

91.070       VFR flights—compliance with VMC criteria

91.075       VFR flights—aircraft not to exceed certain speeds

91.080       VFR flights—flights in class A airspace

91.085       NVIS flights

91.090       All flights—airspeed limits

Division 91.C.2—Operational documents

91.095       Compliance with flight manual etc.

Division 91.C.3—Flight related documents

91.100       Electronic documents

91.105       Carriage of documents

91.110       Carriage of documents for certain flights

91.115       Carriage of documents—flights that begin or end outside Australian territory

91.120       Journey logs—flights that begin or end outside Australian territory

Division 91.C.4—Reporting and recording defects and incidents etc.

Division 91.C.5—Search and rescue services and emergency and survival equipment

Division 91.C.6—Miscellaneous requirements for aircraft

91.140       Operating an Australian aircraft outside Australia

91.145       Requirements to be met before Australian aircraft may fly

91.150       Operating aircraft with inoperative instruments, indicators, equipment or systems—placarding

91.155       Manipulating flight controls

Division 91.C.7—Firearms on aircraft

91.160       Possessing firearm on aircraft

91.165       Discharging firearm on aircraft

Division 91.C.8—Portable electronic devices

91.170       Operation of portable electronic devices

91.175       Operation of portable electronic devices by crew members

Division 91.C.9—Special flight operations

91.180       Air displays in Australian territory

91.185       Conducting aerobatic manoeuvres

91.190       Dropping things from aircraft

91.195       Picking up or setting down people or things during flight

91.200       Persons not to be carried in certain parts of aircraft

91.205       Flying in formation

91.210       Towing of things by aircraft

Subpart 91.D—Operational procedures

Division 91.D.1—Operational control

91.215       Authority and responsibilities of pilot in command

91.220       Actions and directions by operator or pilot in command

91.225       Crew members—power of arrest

Division 91.D.2—Flight preparation

91.230       Flight preparation (weather assessments) requirements

91.235       Flight preparation (alternate aerodromes) requirements

Division 91.D.3—Flight planning and pre‑flight checks

91.240       Flight plans and notifications

91.245       Matters to be checked before take‑off

Division 91.D.4—Flight rules

Subdivision 91.D.4.1—General

91.250       VFR flights

91.255       IFR flights

Subdivision 91.D.4.2—Air traffic services

91.260       Air traffic services—prescribed requirements

91.265       Air traffic control clearances and instructions

91.270       Unauthorised entry into prohibited or restricted areas

91.275       Air defence identification zone flights

Subdivision 91.D.4.3—Cruising levels and minimum heights

91.280       Definitions

91.285       Specified VFR cruising levels

91.290       Specified IFR cruising levels

91.295       IFR flights at non‑specified cruising levels—notifying Air Traffic Services

91.300       IFR flights at non‑specified cruising levels——avoiding collisions with aircraft conducting VFR flights

91.305       Minimum heights—IFR flights

91.310       Minimum heights—VFR flights at night

91.315       Minimum height rules—populous areas and public gatherings

91.320       Minimum height rules—other areas

Subdivision 91.D.4.4—Avoiding collisions in the air

91.325       Basic rule

91.330       Right of way rules

91.335       Additional right of way rules

91.340       Right of way rules for take‑off and landing

Subdivision 91.D.4.5—Avoiding collisions on water

91.345       Compliance with International Regulations

91.350       Giving way to vessels

91.355       Giving way on water

Subdivision 91.D.4.6—Avoiding collisions at or in the vicinity of aerodromes

91.360       Meaning of in the vicinity of a non‑controlled aerodrome

91.365       Taxiing or towing on movement area of aerodrome

91.370       Take‑off or landing at non‑controlled aerodrome—all aircraft

91.375       Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—general requirements

91.380       Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—landing and taking off into the wind

91.385       Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—requirements that apply after joining the circuit pattern

91.390       Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—requirements related to maintaining the same track after take‑off

91.395       Straight‑in approaches at non‑controlled aerodromes

91.400       Communicating at certified, registered, military or designated non‑controlled aerodromes

91.405       Aircraft in aerodrome traffic at controlled aerodromes

Division 91.D.5—Taking off, landing and ground operations

91.410       Use of aerodromes

91.415       Taxiing aircraft

91.420       Parked aircraft not to create hazard

91.425       Safety when aeroplane operating on ground

91.430       Safety when rotorcraft operating on ground

91.435       IFR take‑off and landing minima

91.440       Approach ban for IFR flights

91.445       Taking off and landing in low visibility

91.450       Specified aircraft performance categories

Division 91.D.6—Fuel requirements

91.455       Fuel requirements

91.460       Oil requirements

91.465       Contaminated, degraded or inappropriate fuels

91.470       Fire hazards

91.475       Fuelling aircraft—fire fighting equipment

91.480       Fuelling aircraft—electrical bonding

91.485       Equipment or electronic devices operating near aircraft

91.490       Fuelling turbine‑engine aircraft—low‑risk electronic devices

91.495       Only turbine‑engine aircraft to be hot fuelled

91.500       Hot fuelling aircraft—general

91.505       Hot fuelling aircraft—procedures etc.

91.510       Fuelling aircraft—persons on aircraft, boarding or disembarking

91.515       Fuelling aircraft if fuel vapour detected

Division 91.D.7—Safety of persons on aircraft and cargo requirements

91.520       Crew members to be fit for duty

91.525       Offensive or disorderly behaviour on aircraft

91.530       Smoking not permitted during certain periods of flight

91.535       Crew safety during turbulence

91.540       Means of passenger communication

91.545       Seating for persons on aircraft

91.550       Seating for flight crew members

91.555       Seating for crew members other than flight crew members

91.560       Restraint of infants and children

91.565       Passengers—safety briefings and instructions

91.570       Passengers—safety directions by pilot in command

91.575       Passengers—compliance with safety directions

91.580       Passengers—compliance with safety instructions by cabin crew

91.585       Restraint and stowage of cargo

91.590       Restraint and stowage of carry‑on baggage

91.595       Restraint and stowage of certain aircraft equipment

91.600       Carriage of cargo—general

91.605       Carriage of cargo—cargo compartments

91.610       Carriage of cargo—unoccupied seats

91.615       Carriage of cargo—loading instructions

91.620       Carriage of animals

Division 91.D.8—Instruments, indicators, equipment and systems

91.625       Use of radio—qualifications

91.630       Use of radio—broadcasts and reports

91.635       Communication monitoring in controlled airspaces

91.640       Use of radio outside controlled airspaces—listening watch of radio transmissions

91.645       Availability of instructions for flight data and combination recorders

91.650       Flight recorders—preserving recordings of immediately reportable matters

91.655       RVSM airspace

91.660       PBN flights

Division 91.D.9—Miscellaneous

Division 91.D.10—Signals, emergencies and hazards

91.670       Standard visual signals

91.675       Pilot in command to report hazards to air navigation

91.680       Pilot in command to report emergencies

91.685       Multi‑engine aircraft—pilot in command to land at nearest suitable aerodrome if emergency occurs

91.690       Pilot in command to report contraventions relating to emergencies

91.695       Interception of aircraft

91.700       Aviation distress signals

91.705       Flight in icing conditions—adherence of frost, ice or snow

91.710       Flight in icing conditions—requirements for flight

Division 91.D.11—Causing or simulating failures etc.

Subdivision 91.D.11.1—Causing or simulating instrument failure etc.

91.715       Causing or simulating failure of flight instruments

91.720       Simulating IMC flying

91.725       Training flight limitations etc.

Subdivision 91.D.11.2—Causing or simulating engine failure etc. for aeroplanes

91.730       Aeroplane flights in IMC or at night—engine not to be shut down

91.735       Single‑engine aeroplane—VFR flights by day—engine not to be shut down

91.740       Single‑engine aeroplane—simulating engine failure in IMC or at night

91.745       Multi‑engine aeroplane—simulating engine failure—general

91.750       Multi‑engine aeroplane—simulating engine failures in IMC or at night

Subdivision 91.D.11.3—Causing or simulating engine failure etc. for rotorcraft

91.755       Single‑engine rotorcraftengine not to be shut down

91.760       Single‑engine rotorcraftengine failure not to be simulated and autorotation of main rotor system not to be initiated in IMC

91.765       Single‑engine rotorcraftsimulating engine failure or initiating autorotation of main rotor system at night

91.770       Multi‑engine rotorcraft—engine not to be shut down at certain altitudes in IMC or at night

91.775       Multi‑engine rotorcraft—simulating engine failure in IMC or at night

Division 91.D.12—Psychoactive substances

91.780       Passengers—alcohol

91.785       Crew—provision of alcohol

91.790       Prohibiting person affected by psychoactive substances from boarding

Subpart 91.F—Performance

91.795       Take‑off weights

91.800       Landing weights

Subpart 91.J—Weight and balance

91.805       Loading of aircraft

Subpart 91.K—Instruments, indicators, equipment and systems

91.810       Instruments, indicators, equipment and systems—requirements

91.815       When aircraft may be flown with inoperative instruments, indicators, equipment or systems

Subpart 91.P—Cabin crew

91.820       Cabin crew—when required

91.825       Cabin crew—number

91.830       Cabin crew—knowledge of emergency and safety equipment and procedures

Subpart 91.T—Operations under certain special certificates of airworthiness and special flight permits

Division 91.T.1—Preliminary

91.835       Aircraft with more than one certificate of airworthiness—application of Subpart 91.T

Division 91.T.2—Restricted category aircraft—operating requirements

91.840       Restricted category aircraft—general operating requirements

91.845       Restricted category aircraft—kinds of operations permitted

Division 91.T.3—Provisionally certificated aircraft—operating requirements

91.850       Provisionally certificated aircraft—operating requirements

91.855       Provisionally certificated aircraft—kinds of operations permitted

91.860       Provisionally certificated aircraft—operation for type certification or supplemental type certification

91.865       Provisionally certificated aircraft—requirements for the carriage of people

91.870       Provisionally certificated aircraft—additional requirements for operators

Division 91.T.4—Experimental aircraft—operating requirements

91.875       Experimental aircraft—operating requirements

91.880       Experimental aircraft—kinds of operations permitted

91.885       Experimental aircraft—maximum number of persons to be carried

Division 91.T.5—Primary category aircraft and intermediate category aircraft—operating requirements

91.890       Primary category aircraft and intermediate category aircraft—operating requirements

Division 91.T.6—Light sport aircraft—operating requirements

91.895       Light sport aircraft—operators

91.900       Light sport aircraft—pilots

Division 91.T.7—Special flight permits—operating requirements

91.905       Flights under special flight permits

Division 91.T.8—Miscellaneous

91.910       Application of Division 91.T.8

91.915       Aircraft with special certificates of airworthiness—maintenance release etc.

91.920       Aircraft with special certificates of airworthiness—flight tests to be conducted in certain areas

Subpart 91.Y—Minimum equipment lists

Division 91.Y.1—Preliminary

91.925       Definitions

91.930       Requirements for minimum equipment lists

Division 91.Y.2—Approval of minimum equipment lists

91.935       Approval of minimum equipment lists

Division 91.Y.3—Variations of minimum equipment lists

91.940       Approval of variations

Division 91.Y.4—Extensions of rectification intervals

91.945       Approval of extensions of rectification intervals

91.950       Effect of approval

91.955       CASA to be notified of extensions approved by a continuing airworthiness management organisation

Division 91.Y.5—Other

91.960       Operation of aircraft with multiple inoperative items not permitted in certain circumstances

Subpart 91.Z—Foreign aircraft

91.965       Foreign registered aircraft—Chicago Convention

91.970       Foreign registered aircraft—special flight authorisations

91.975       Foreign state aircraft—approval to fly in Australian territory

91.980       Foreign registered aircraft—major defect—CASA direction

91.985       Foreign registered aircraft—CASA to notify Contracting State of direction

91.990       Foreign registered aircraft—CASA may revoke direction

91.995       Foreign registered aircraft—when direction or revocation takes effect

Subpart 91.APreliminary

  

91.005  Application of Part 91—Australian aircraft in Australian territory

                   This Part applies in relation to the operation of an Australian aircraft in Australian territory.

91.010  Application of Part 91—Australian aircraft in foreign countries

             (1)  This Part applies in relation to the operation of an Australian aircraft in a foreign country.

             (2)  However, if a law of the foreign country applies to the operation of the aircraft in that country, the law of the foreign country prevails to the extent of any inconsistency.

             (3) For the purposes of subregulation (2), a provision of a law of a foreign country is taken not to be inconsistent with a provision of this Part to the extent that the provisions are capable of operating concurrently.

91.015  Application of Part 91—Australian aircraft over the high seas

             (1)  This Part applies in relation to the operation of an Australian aircraft over the high seas.

             (2)  Annex 2 of the Chicago Convention also applies in relation to the operation of Australian aircraft over the high seas.

             (3)  However, a provision of Annex 2 of the Chicago Convention prevails to the extent of any inconsistency with a provision mentioned in subregulation (1).

             (4) For the purposes of subregulation (3), a provision of Annex 2 of the Chicago Convention is taken not to be inconsistent with a provision mentioned in subregulation (1) to the extent that the provisions are capable of operating concurrently.

91.020  Application of Part 91—foreign registered aircraft

             (1)  This Part (other than Division 91.C.3 and Subparts 91.P and 91.T) applies in relation to the operation of a foreign registered aircraft in Australian territory.

             (2)  However, this Part does not apply in relation to:

                     (a)  a foreign registered aircraft that is operated in Australian territory under a foreign air transport AOC; or

                     (b)  a foreign registered aircraft that is operated in Australian territory under a New Zealand AOC with ANZA privileges that is in force for Australia.

91.025  Application of Part 91—foreign state aircraft

                   A provision of this Part applies in relation to the operation of a state aircraft of a foreign country in Australian territory if the provision is expressed to so apply.

91.030  Application of Part 91—aircraft to which Part 101, 103 or 131 applies

                   This Part does not apply in relation to the operation of an aircraft if any provision of Part 101, 103 or 131 applies to the operation.

91.035  Application of Part 91—certain provisions of this Part do not apply if provisions of Part 121, 133, 135 or 138 apply

             (1)  A provision of Part 91 listed in column 1 of an item in the following table does not apply to an operation of an aircraft if a provision of Part 121, 133, 135 or 138 listed in column 2 of that item applies to the operation.

 

Provisions of this Part that do not apply if provisions of Part 121, 133, 135 or 138 apply

Item

Column 1

Column 2

 

Provisions of this Part

Provisions of Part 121, 133, 135 or 138

1

Regulation 91.085

Regulation 133.265

Regulation 138.350

2

Division 91.C.2

Division 121.C.2

Division 133.C.2

Division 135.C.2

3

Regulation 91.190

Regulation 138.425

4

Regulations 91.195 and 91.200

Regulation 138.390

5

Regulation 91.235

Regulation 121.170

6

Regulation 91.410

Regulation 121.205

7

Regulation 91.455

Division 121.D.6

Division 133.D.6

Division 135.D.6

Division 138.D.6

8

Regulation 91.505

Division 138.D.6

9

Regulation 91.510

Regulation 121.240

Regulation 133.195

Regulation 135.220

10

Regulations 91.540, 91.550, 91.555 and 91.560

Regulation 138.375

11

Regulation 91.565

Regulation 121.285

Regulation 133.240

Regulation 135.280

12

Regulation 91.570

Regulation 138.375

13

Regulations 91.590 and 91.595

Regulation 121.265

14

Subpart 91.F

Subpart 121.F

Subpart 133.F

Subpart 135.F

Subpart 138.F

15

Subpart 91.J

Subpart 121.J

Subpart 133.J

Subpart 135.J

Subpart 138.J

16

Subpart 91.K

Subpart 121.K

Subpart 133.K

Subpart 135.K

Subpart 138.K

17

Subpart 91.P

Subpart 121.P

Subpart 133.P

Subpart 135.P

             (2)  Subregulation (1) has effect despite any other provision of this Part.

91.040  Issue of Manual of Standards for Part 91

                   For the purposes of subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:

                     (a)  required or permitted by these Regulations to be prescribed by the Part 91 Manual of Standards; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Part.

Note:          A Manual of Standards is a legislative instrument: see subsection 98(5AA) of the Act.

91.045  Approvals by CASA for Part 91

             (1)  If a provision of this Part refers to a person holding an approval under this regulation, a person may apply to CASA, in writing, for the approval.

             (2)  Subject to regulation 11.055, the approval must be granted.

             (3)  Subregulation 11.055(1B) applies to the granting of an approval under this regulation.

             (4)  For the purposes of regulations 91.200, 91.450, 91.600, 91.655 and 91.745, the operator of an aircraft is taken to hold an approval under this regulation for an activity if the activity is authorised under:

                     (a)  the operator’s AOC or another civil aviation authorisation held by the operator; or

                     (b)  if the operator is required under these Regulations to have an exposition or operations manual—the exposition or operations manual.

             (5)  For the purposes of regulations 91.860, 91.865, 91.870, 91.875, 91.885 and 91.920, the operator of an aircraft is taken to hold an approval under this regulation for an activity if the activity is authorised under another civil aviation authorisation held by the operator.

91.050  Approvals by authorised persons for Subpart 91.T

             (1)  If a provision of Subpart 91.T refers to a person holding an approval under this regulation, a person may apply to an authorised person, in writing, for the approval.

             (2)  Subject to regulation 11.055, the approval must be granted.

             (3)  Subregulation 11.055(1B) applies to the granting of an approval under this regulation.

Subpart 91.CGeneral

Division 91.C.1General flight limitations

91.055  Aircraft not to be operated in manner that creates a hazard

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if the aircraft is operated in a manner that creates a hazard to another aircraft, a person or property.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.060  Unauthorised travel or placing of cargo on aircraft

             (1)  A person contravenes this subregulation if the person:

                     (a)  travels on an aircraft for a flight; and

                     (b)  at the time of the travel, does not have the consent of the operator of the aircraft, or the pilot in command of the aircraft for the flight, to travel on the aircraft.

             (2)  A person contravenes this subregulation if the person:

                     (a)  places cargo on an aircraft for a flight; and

                     (b)  at the time of placing the cargo on the aircraft, does not have the consent of the operator of the aircraft, or the pilot in command of the aircraft for the flight, to place cargo on the aircraft.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

91.065  Aircraft to be flown under VFR or IFR

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, at any time during the flight, the aircraft is not flown under the VFR or IFR.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.070  VFR flights—compliance with VMC criteria

             (1)  The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight, the aircraft is not flown in accordance with a requirement of the VMC criteria for the aircraft and the airspace in which the flight is conducted.

             (2)  Subregulation (1) does not apply to a flight of an aircraft if:

                     (a)  air traffic control has authorised the pilot in command of the aircraft to conduct the flight under the special VFR; and

                     (b)  the pilot in command complies with the special VFR.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.075  VFR flights—aircraft not to exceed certain speeds

             (1)  The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight, the aircraft is flown at a transonic or supersonic speed.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.080  VFR flights—flights in class A airspace

             (1)  The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft is flown in class A airspace; and

                     (b)  the pilot in command does not hold an approval under regulation 91.045 to conduct a VFR flight in class A airspace.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.085  NVIS flights

             (1)  The Part 91 Manual of Standards may prescribe requirements relating to the conduct of an NVIS flight.

             (2)  The pilot in command of an aircraft for an NVIS flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.

Note:          This regulation does not apply to the operation of an aircraft if regulation 133.265 or 138.350 applies to the operation: see regulation 91.035.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.090  All flights—airspeed limits

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, the aircraft is not flown in accordance with the airspeed limits for the flight prescribed by the Part 91 Manual of Standards.

             (2)  A person commits an offence if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Division 91.C.2Operational documents

Note:       This Division does not apply to the operation of an aircraft if Division 121.C.2, 133.C.2 or 135.C.2 applies to the operation: see regulation 91.035.

91.095  Compliance with flight manual etc.

             (1)  This regulation applies in relation to the operation of an aircraft during the following period:

                     (a)  from the earlier of:

                              (i)  the time the aircraft’s doors are closed before take‑off; and

                             (ii)  the time the flight begins;

                     (b)  to the later of:

                              (i)  the time the aircraft’s doors are opened after landing; and

                             (ii)  the time the flight ends.

             (2)  The pilot in command of the aircraft contravenes this subregulation if the pilot in command does not comply with either or both of the following:

                     (a)  the aircraft flight manual instructions for the aircraft;

                     (b)  any conditions specified in the aircraft’s certificate of airworthiness or special flight permit.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

Division 91.C.3Flight related documents

91.100  Electronic documents

                   To avoid doubt, if a document is required to be carried on a flight of an aircraft under this Division, that requirement is taken to be satisfied if an electronic copy of the document is carried on the flight.

Note:          Electronic copies may not satisfy the requirements of the law of a foreign country for flights that begin or end at an aerodrome outside Australian territory.

91.105  Carriage of documents

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft begins the flight, a document mentioned in subregulation (2) is not carried on the aircraft.

             (2)  The documents are as follows:

                     (a)  for each flight crew member:

                              (i)  the member’s medical certificate; and

                             (ii)  the member’s flight crew licence or certificate of validation;

                     (b)  for each flight crew member, either:

                              (i)  a photographic identification document issued by a Commonwealth, State or Territory authority or agency; or

                             (ii)  the member’s passport;

                     (c)  the aircraft flight manual instructions for the aircraft;

                     (d)  if the aircraft is fitted with computerised navigation equipment—the operating instructions for the equipment;

                     (e)  any minimum equipment list for the aircraft.

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

                     (a)  aerobatic manoeuvres will be conducted during the flight; and

                     (b)  carriage of the documents on the aircraft would present a risk to the safety of the aircraft or persons on board the aircraft.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  25 penalty units.

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

91.110  Carriage of documents for certain flights

             (1)  This regulation applies in relation to a flight of an aircraft other than:

                     (a)  a VFR flight conducted by day and within 50 nautical miles of the aircraft’s point of departure; or

                     (b)  a flight conducted:

                              (i)  within the flying training area for an aerodrome; and

                             (ii)  if the flying training area for the aerodrome is not adjacent to the aerodrome—along the flight path between the flying training area and the aerodrome.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight begins, a document mentioned in subregulation (3) is not carried on the aircraft.

             (3)  The documents are as follows:

                     (a)  the authorised aeronautical information for the flight;

                     (b)  the flight technical log or maintenance release for the aircraft.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  25 penalty units.

91.115  Carriage of documents—flights that begin or end outside Australian territory

             (1)  This regulation applies in relation to a flight of an aircraft that begins or ends at an aerodrome outside Australian territory.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight begins, a document mentioned in subregulation (3) is not carried on the aircraft.

             (3)  The documents are as follows:

                     (a)  the aircraft’s certificate of airworthiness;

                     (b)  the aircraft’s certificate of registration;

                     (c)  the journey log for the flight mentioned in regulation 91.120;

                     (d)  a list including the name, place of embarkation and place of destination of each passenger on the aircraft;

                     (e)  if the aircraft is carrying cargo (other than passenger baggage)—a manifest and detailed declaration of the cargo;

                      (f)  if the aircraft has a radio station licence that is an apparatus licence or a class licence—a copy of the licence;

                     (g)  if the operator or pilot in command of the aircraft holds an approval under regulation 91.045 or holds another civil aviation authorisation that is relevant to the flight—a copy of the approval or authorisation.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  25 penalty units.

91.120  Journey logs—flights that begin or end outside Australian territory

             (1)  This regulation applies to a flight of an aircraft that begins or ends at an aerodrome outside Australian territory.

             (2)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  the Part 91 Manual of Standards prescribes requirements relating to maintaining a journey log for the flight; and

                     (b)  the requirements are not met for the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  25 penalty units.

Division 91.C.4Reporting and recording defects and incidents etc.

Note:       This Division is reserved for future use.

Division 91.C.5Search and rescue services and emergency and survival equipment

Note:       This Division is reserved for future use.

Division 91.C.6Miscellaneous requirements for aircraft

91.140  Operating an Australian aircraft outside Australia

             (1)  The operator and the pilot in command of an Australian aircraft for a flight in a foreign country each contravene this subregulation if:

                     (a)  a requirement of a law of the foreign country applies in relation to the flight; and

                     (b)  the aircraft is operated in a way that does not comply with the requirement.

             (2)  The operator and the pilot in command of an Australian aircraft for a flight over the high seas each contravene this subregulation if:

                     (a)  a requirement of Annex 2 of the Chicago Convention applies in relation to the flight; and

                     (b)  the aircraft is operated in a way that does not comply with the requirement.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

91.145  Requirements to be met before Australian aircraft may fly

             (1)  The pilot in command of an Australian aircraft for a flight contravenes this subregulation if:

                     (a)  a requirement in subregulation (2) is not met; and

                     (b)  the flight begins.

             (2)  The requirements are the following:

                     (a)  the aircraft must be registered;

                     (b)  the aircraft must have a nationality mark and a registration mark painted on, or affixed to, it in accordance with Part 45;

                     (c)  if required under these Regulations, the aircraft must have a certificate of airworthiness or special flight permit;

                     (d)  the flight must comply with any condition that is set out or referred to in the maintenance release or in any other document approved for use under these Regulations as an alternative to the maintenance release;

                     (e)  each flight crew member required under these Regulations for the flight must be on board the aircraft.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.150  Operating aircraft with inoperative instruments, indicators, equipment or systems—placarding

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  the aircraft begins the flight with an inoperative instrument, indicator, item of equipment or system; and

                     (b)  the instrument, indicator, item of equipment or system:

                              (i)  is required to be fitted to, or carried on, the aircraft by the certification basis for the aircraft or by or under these Regulations; and

                             (ii)  is accessible, and likely to be used, by a person during the flight; and

                            (iii)  is not placarded as inoperative.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.155  Manipulating flight controls

             (1)  A person contravenes this subregulation if, during a flight of an aircraft:

                     (a)  the person manipulates the flight controls of the aircraft; and

                     (b)  the person is not authorised or qualified to pilot the aircraft:

                              (i)  for an Australian aircraft—under Part 61; or

                             (ii)  for a foreign registered aircraft—under the law of the aircraft’s State of registry or the State of the operator.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the pilot in command permits a person to manipulate the flight controls of the aircraft; and

                     (b)  the person is not authorised or qualified to pilot the aircraft:

                              (i)  for an Australian aircraft—under Part 61; or

                             (ii)  for a foreign registered aircraft—under the law of the aircraft’s State of registry or the State of the operator.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

Division 91.C.7Firearms on aircraft

91.160  Possessing firearm on aircraft

             (1)  A person contravenes this subregulation if the person:

                     (a)  carries or otherwise possesses a firearm on an aircraft; and

                     (b)  the aircraft is not a prescribed aircraft within the meaning of the Aviation Transport Security Act 2004; and

                     (c)  neither the operator nor the pilot in command of the aircraft has consented to the person carrying or otherwise possessing the firearm on the aircraft.

             (2)  Subregulation (1) does not apply if the person is authorised (however described) under another provision of these Regulations or another law of the Commonwealth to carry or otherwise possess the firearm on the aircraft.

Note 1:       For other provisions of these Regulations that deal with firearms and aircraft, see Part 138.

Note 2:       For other laws of the Commonwealth that deal with firearms and aircraft, see:

(a)    Division 3 of Part 4 of the Aviation Transport Security Act 2004; and

(b)    section 23 of the Crimes (Aviation) Act 1991.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.165  Discharging firearm on aircraft

             (1)  A person contravenes this subregulation if the person discharges a firearm while on an aircraft.

             (2)  Subregulation (1) does not apply if the person is authorised (however described) under another provision of these Regulations or another law of the Commonwealth to discharge the firearm on the aircraft.

Note 1:       For other provisions of these Regulations that deal with firearms and aircraft, see Part 138.

Note 2:       For other laws of the Commonwealth that deal with firearms and aircraft, see:

(a)    Division 3 of Part 4 of the Aviation Transport Security Act 2004; and

(b)    section 23 of the Crimes (Aviation) Act 1991.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

Division 91.C.8Portable electronic devices

91.170  Operation of portable electronic devices

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the pilot in command permits a person to operate a portable electronic device during the flight; and

                     (b)  the pilot in command does not determine that the operation of the device during the flight will not affect the safety of the aircraft.

             (2)  A person on an aircraft for a flight contravenes this subregulation if:

                     (a)  during the flight, the person operates a portable electronic device; and

                     (b)  the person has been directed by the pilot in command, or instructed by a cabin crew member, not to operate the portable electronic device during the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

91.175  Operation of portable electronic devices by crew members

             (1)  A crew member for a flight of an aircraft contravenes this subregulation if:

                     (a)  the crew member operates a portable electronic device at a time during the flight; and

                     (b)  operating the device at that time is likely to distract the crew member from performing the crew member’s duties for the flight.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Division 91.C.9Special flight operations

91.180  Air displays in Australian territory

             (1)  A person contravenes this subregulation if:

                     (a)  the person conducts an air display in Australian territory; and

                     (b)  the person does not hold an approval under regulation 91.045 to conduct the air display.

             (2)  The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  the flight is in an air display in Australian territory; and

                     (b)  the person conducting the air display does not hold an approval under regulation 91.045 to conduct the air display.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

91.185  Conducting aerobatic manoeuvres

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, the pilot in command conducts aerobatic manoeuvres in IMC.

Note:          For the requirement for a pilot to hold flight activity endorsements to conduct aerobatic manoeuvres, see regulation 61.380 and table 61.1145.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the pilot in command conducts aerobatic manoeuvres:

                              (i)  over a populous area; or

                             (ii)  at an air display; or

                            (iii)  at night; and

                     (b)  the pilot in command does not hold an approval under regulation 91.045 to conduct the aerobatic manoeuvres:

                              (i)  for a flight over a populous area—over the populous area; or

                             (ii)  for a flight at an air display—at the air display; or

                            (iii)  for a flight at night—at night.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

91.190  Dropping things from aircraft

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  a thing is dropped from the aircraft; and

                     (b)  the safety of the aircraft, or of any person or property, is likely to be endangered as a result of the thing being dropped.

Note:          This regulation does not apply to the operation of an aircraft if regulation 138.425 applies to the operation: see regulation 91.035.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.195  Picking up or setting down people or things during flight

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  a person or thing is picked up or set down by the aircraft during the flight; and

                     (b)  the requirement mentioned in subregulation (2) is not met.

Note:          This regulation does not apply to the operation of an aircraft if regulation 138.390 applies to the operation: see regulation 91.035.

             (2)  The requirement is that:

                     (a)  the pilot in command must hold an approval under regulation 91.045 for the person or thing to be picked up or set down during the flight; or

                     (b)  another provision of these Regulations must permit the person or thing to be picked up or set down during the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.200  Persons not to be carried in certain parts of aircraft

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  during the flight, a person is carried on or in:

                              (i)  a part of the aircraft that is not designed to carry crew members or passengers; or

                             (ii)  a thing attached to the aircraft; and

                     (b)  neither the operator nor the pilot in command of the aircraft holds an approval under regulation 91.045 to carry the person on or in that part of the aircraft or that thing during the flight.

Note:          This regulation does not apply to the operation of an aircraft if regulation 138.390 applies to the operation: see regulation 91.035.

             (2)  Subregulation (1) does not apply to the temporary carriage of a crew member in a part of the aircraft that is not designed to accommodate crew members or passengers if:

                     (a)  the carriage of the crew member in that part of the aircraft is for the purpose of doing anything for the safety of the aircraft or any person or cargo carried in it; or

                     (b)  both:

                              (i)  goods or stores are carried in that part of the aircraft; and

                             (ii)  there is a proper means of access for crew members to the goods or stores.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.205  Flying in formation

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft is flying in formation; and

                     (b)  the pilot in command has not pre‑arranged with each pilot in command of the other aircraft making up the formation to fly as part of the formation.

Note:          For the requirement for a pilot to hold flight activity endorsements to fly in formation, see regulation 61.380 and table 61.1145.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft is flown in formation at night; and

                     (b)  the pilot in command does not hold an approval under regulation 91.045 to fly in formation at night.

             (3)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft is flown in formation in IMC; and

                     (b)  the pilot in command does not hold an approval under regulation 91.045 to fly in formation in IMC.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).

Penalty:  50 penalty units.

91.210  Towing of things by aircraft

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  a thing is towed by the aircraft; and

                     (b)  the requirement mentioned in subregulation (2) is not met.

             (2)  The requirement is that:

                     (a)  the pilot in command must hold an approval under regulation 91.045 to tow the thing during the flight; or

                     (b)  another provision of these Regulations must permit the thing to be towed by the aircraft during the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Subpart 91.DOperational procedures

Division 91.D.1Operational control

91.215  Authority and responsibilities of pilot in command

             (1)  This regulation applies in relation to the operation of an aircraft during the following period:

                     (a)  from the earlier of:

                              (i)  the time the aircraft’s doors are closed before take‑off; and

                             (ii)  the time the flight begins;

                     (b)  to the later of:

                              (i)  the time the aircraft’s doors are opened after landing; and

                             (ii)  the time the flight ends.

             (2)  The pilot in command of the aircraft:

                     (a)  has final authority over:

                              (i)  the aircraft; and

                             (ii)  the maintenance of discipline by all persons on the aircraft; and

                     (b)  must ensure:

                              (i)  the safety of persons on the aircraft; and

                             (ii)  the safety of cargo on the aircraft; and

                            (iii)  the safe operation of the aircraft during the flight.

91.220  Actions and directions by operator or pilot in command

             (1)  The operator or pilot in command of an aircraft for a flight may do a thing mentioned in subregulation (2) if the operator or pilot in command believes it is necessary for the safety of:

                     (a)  the aircraft; or

                     (b)  a person on the aircraft; or

                     (c)  a person or property on the ground or water.

             (2)  The things are as follows:

                     (a)  direct a person to do something while the person is on the aircraft;

                     (b)  direct a person not to do something, or to limit the doing of something, while the person is on the aircraft;

                     (c)  direct a person to leave the aircraft before the flight begins;

                     (d)  with such assistance and by the use of such force as is reasonable and necessary:

                              (i)  remove a person or a thing from the aircraft before the flight begins; or

                             (ii)  restrain a person for the duration of the flight or part of the flight; or

                            (iii)  seize a thing on the aircraft for the duration of the flight or part of the flight; or

                            (iv)  place a person on the aircraft in custody; or

                             (v)  detain a person or a thing, until the person or thing can be released into the control of an appropriate authority.

Note:          Under regulation 91.225, crew members of an aircraft have a limited power of arrest.

             (3)  A person on an aircraft contravenes this subregulation if:

                     (a)  the operator or pilot in command of the aircraft gives the person a direction mentioned in paragraph (2)(a), (b) or (c); and

                     (b)  the person does not comply with the direction.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (3).

Penalty:  50 penalty units.

91.225  Crew members—power of arrest

             (1)  A crew member of an aircraft for a flight may, without warrant, arrest a person on the aircraft if:

                     (a)  the crew member believes, on reasonable grounds, that the person is committing, is attempting to commit, is about to commit, has committed or has attempted to commit, an offence against the Act or these Regulations in relation to the aircraft; and

                     (b)  the purpose of the arrest is to ensure the safety of the aircraft or of its passengers, crew or cargo or otherwise for the purposes of the Act or these Regulations; and

                     (c)  if the crew member is not the pilot in command of the aircraft—the pilot in command has authorised the crew member to arrest the person without warrant.

             (2)  The pilot in command of the aircraft must ensure that, as soon as practicable after the end of the flight, a person arrested under subregulation (1) is delivered into the custody of:

                     (a)  if the flight ends in Australia—a constable; or

                     (b)  if the flight ends in a foreign country—a person in that country who is equivalent to a constable.

Note:          See also sections 3ZC (use of force in making arrest) and 3ZD (persons to be informed of grounds of arrest) of the Crimes Act 1914.

Division 91.D.2Flight preparation

91.230  Flight preparation (weather assessments) requirements

             (1)  The Part 91 Manual of Standards may prescribe requirements relating to flight preparation and weather assessments (the flight preparation (weather assessments) requirements).

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if a flight preparation (weather assessments) requirement is not met for the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.235  Flight preparation (alternate aerodromes) requirements

             (1)  The Part 91 Manual of Standards may prescribe requirements relating to flight preparation and alternate aerodromes (the flight preparation (alternate aerodromes) requirements).

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if a flight preparation (alternate aerodromes) requirement is not met for the flight.

Note:          This regulation does not apply to the operation of an aircraft if regulation 121.170 applies to the operation: see regulation 91.035.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

Division 91.D.3Flight planning and pre‑flight checks

91.240  Flight plans and notifications

             (1)  The Part 91 Manual of Standards may prescribe requirements (the flight planning and notification requirements) relating to flight plans and notifications.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if a flight planning and notification requirement is not met for the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.245  Matters to be checked before take‑off

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft takes off for the flight, a check prescribed by the Part 91 Manual of Standards has not been carried out.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Division 91.D.4Flight rules

Subdivision 91.D.4.1General

91.250  VFR flights

             (1)  The Part 91 Manual of Standards may prescribe requirements relating to the operation of an aircraft for a VFR flight.

             (2)  The pilot in command of an aircraft for a VFR flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.255  IFR flights

             (1)  The Part 91 Manual of Standards may prescribe requirements relating to the operation of an aircraft for an IFR flight.

             (2)  The pilot in command of an aircraft for an IFR flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

Subdivision 91.D.4.2Air traffic services

91.260  Air traffic services—prescribed requirements

             (1)  The Part 91 Manual of Standards may prescribe requirements in relation to the use by an aircraft of:

                     (a)  a class of airspace or a portion of a class of airspace; or

                     (b)  a controlled aerodrome; or

                     (c)  a control area; or

                     (d)  a control zone; or

                     (e)  a prohibited area; or

                      (f)  a restricted area; or

                     (g)  a danger area.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.265  Air traffic control clearances and instructions

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  air traffic control gives the pilot in command an air traffic control clearance or air traffic control instructions; and

                     (b)  the pilot in command does not comply with the clearance or instructions.

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

                     (a)  it is not practicable to seek authorisation for the non‑compliance before it occurs; and

                     (b)  the non‑compliance is necessary for the safety of the aircraft or the persons on the aircraft; and

                     (c)  the pilot in command informs air traffic control about the non‑compliance as soon as practicable after the pilot in command is unable to comply with the clearance or instructions.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.270  Unauthorised entry into prohibited or restricted areas

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft:

                              (i)  is in a prohibited area; or

                             (ii)  is in a restricted area in contravention of a condition relating to the declaration of the area as a restricted area under regulation 7 of the Airspace Regulations 2007; and

                     (b)  the pilot in command does not comply with subregulation (2) as soon as the pilot becomes aware that the aircraft is in the prohibited area or restricted area.

             (2)  The pilot must:

                     (a)  if the aircraft is fitted with, or carries, a means for the pilot in command to communicate with Air Traffic Services during the flight—inform Air Traffic Services, or the controlling authority (specified in the authorised aeronautical information for the flight) for the prohibited or restricted area, that the aircraft is in the area; and

                     (b)  in any case—fly the aircraft out of the area.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.275  Air defence identification zone flights

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  during the flight the aircraft enters an air defence identification zone published in the authorised aeronautical information for the flight; and

                     (b)  a procedure published in the authorised aeronautical information for the flight for that zone is not complied with for the flight.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Subdivision 91.D.4.3Cruising levels and minimum heights

91.280  Definitions

                   In these Regulations:

specified IFR cruising level, for a track, means a cruising level prescribed by the Part 91 Manual of Standards for an IFR flight on the track.

specified VFR cruising level, for a track, means a cruising level prescribed by the Part 91 Manual of Standards for a VFR flight on the track.

91.285  Specified VFR cruising levels

             (1)  The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified VFR cruising level for the track.

             (2)  Subregulation (1) does not apply if the aircraft is in uncontrolled airspace and any of the following apply:

                     (a)  the aircraft is below 3,000 ft above mean sea level;

                     (b)  the aircraft is at or above 3,000 ft above mean sea level but below 1,500 ft AGL;

                     (c)  it is not practicable for the pilot in command to fly the aircraft at a specified VFR cruising level for the track.

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

                     (a)  the aircraft is in controlled airspace; and

                     (b)  air traffic control has given the pilot in command clearance to fly the aircraft at that cruising level.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.290  Specified IFR cruising levels

             (1)  The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track.

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

                     (a)  the aircraft is in uncontrolled airspace; and

                     (b)  it is not practicable for the pilot in command to fly the aircraft at a specified IFR cruising level for the track.

             (3)  Subregulation (1) does not apply if air traffic control has:

                     (a)  given the pilot in command an air traffic control instruction to fly the aircraft at the cruising level; or

                     (b)  given the pilot in command an air traffic control clearance to fly the aircraft at the cruising level.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.295  IFR flights at non‑specified cruising levels—notifying Air Traffic Services

             (1)  The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:

                     (a)  the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and

                     (b)  before the aircraft is flown at that cruising level, the pilot in command does not notify Air Traffic Services of the cruising level.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.300  IFR flights at non‑specified cruising levels——avoiding collisions with aircraft conducting VFR flights

             (1)  The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:

                     (a)  the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and

                     (b)  there is a risk of collision between the aircraft and another aircraft that:

                              (i)  is conducting a VFR flight on a track; and

                             (ii)  is flying at a specified VFR cruising level for the track; and

                     (c)  the pilot in command does not give way to the other aircraft.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.305  Minimum heights—IFR flights

             (1)  The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation (2); and

                     (b)  none of the circumstances mentioned in subregulation (3) applies.

Note:          This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.300 and 138.275.

             (2)  The minimum height is the lowest of the following for the route or route segment:

                     (a)  the published lowest safe altitude for the route or route segment (if any);

                     (b)  the minimum sector altitude published in the authorised aeronautical information for the flight (if any);

                     (c)  the lowest safe altitude for the route or route segment.

             (3)  The circumstances are the following:

                     (a)  the aircraft is taking off or landing;

                     (b)  the aircraft is being flown in accordance with:

                              (i)  requirements relating to visual approach or departure procedures published in the authorised aeronautical information for the flight; or

                             (ii)  an authorised instrument departure procedure or an authorised instrument approach procedure; or

                            (iii)  an air traffic control clearance;

                     (c)  the aircraft is being flown in VMC by day.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.310  Minimum heights—VFR flights at night

             (1)  The pilot in command of an aircraft for a VFR flight at night contravenes this subregulation if, during the flight:

                     (a)  the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation (2); and

                     (b)  none of the circumstances mentioned in subregulation (3) applies.

Note:          This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.300 and 138.275.

             (2)  The minimum height is the lowest height of the following for the route or route segment:

                     (a)  the published lowest safe altitude for the route or route segment (if any);

                     (b)  the minimum sector altitude published in the authorised aeronautical information for the flight (if any);

                     (c)  the lowest safe altitude for the route or route segment;

                     (d)  1,000 ft above the highest obstacle on the ground or water within 10 nautical miles ahead of, and to either side of, the aircraft at that point on the route or route segment;

                     (e)  the lowest altitude for the route or route segment calculated in accordance with a method prescribed by the Part 91 Manual of Standards for the purposes of this paragraph.

             (3)  The circumstances are the following:

                     (a)  the aircraft is taking off or landing;

                     (b)  the aircraft is within 3 nautical miles of the aerodrome from which the aircraft has taken off, or at which the aircraft will land;

                     (c)  the aircraft is being flown in accordance with an air traffic control clearance.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.315  Minimum height rules—populous areas and public gatherings

             (1)  This regulation applies if an aircraft is flown over a populous area or a public gathering.

Note:          This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.300 and 138.275.

             (2)  The pilot in command of an aeroplane for a flight contravenes this subregulation if, during the flight:

                     (a)  the aeroplane is flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 600 m of the point on the ground or water immediately below the aeroplane; and

                     (b)  none of the circumstances mentioned in subregulation (4) applies.

             (3)  The pilot in command of a rotorcraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the rotorcraft is flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the rotorcraft; and

                     (b)  none of the circumstances mentioned in subregulation (4) applies.

             (4)  The circumstances are the following:

                     (a)  the aircraft is taking off or landing in circumstances prescribed by the Part 91 Manual of Standards;

                     (b)  the aircraft is engaged in a missed approach;

                     (c)  the aircraft:

                              (i)  is not carrying passengers; and

                             (ii)  is engaged in a practice emergency procedure at an aerodrome;

                     (d)  the aircraft is performing training circuits at an aerodrome;

                     (e)  the pilot in command holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);

                      (f)  for a rotorcraft—the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;

                     (g)  for a rotorcraft, seaplane or amphibian—the aircraft is flying within an access lane:

                              (i)  that is for use by aircraft taking off from, or landing at, a particular place; and

                             (ii)  details of which are published in the authorised aeronautical information for the flight;

                     (h)  for a single‑engine seaplane or a single‑engine amphibian:

                              (i)  the aeroplane is operating over water and within safe gliding distance of open water suitable for a forced landing; and

                             (ii)  the aeroplane is not flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the water immediately below the aeroplane;

                      (i)  the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.

             (5)  A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).

Penalty:  50 penalty units.

91.320  Minimum height rules—other areas

             (1)  This regulation applies if an aircraft is flown other than over a populous area or a public gathering.

Note:          This regulation does not apply to certain external load operations or medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.300 and 138.275.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft is flown below 500 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the aircraft; and

                     (b)  none of the circumstances mentioned in subregulation (3) applies.

             (3)  The circumstances are the following:

                     (a)  the aircraft is taking off or landing in circumstances prescribed by the Part 91 Manual of Standards;

                     (b)  the aircraft is engaged in a missed approach;

                     (c)  the aircraft:

                              (i)  is not carrying passengers; and

                             (ii)  is engaged in a practice emergency procedure at an aerodrome;

                     (d)  the aircraft:

                              (i)  is not carrying passengers; and

                             (ii)  is engaged in a practice forced landing procedure with the consent of the person or authority having control over the land or water above which the procedure is carried out;

                     (e)  the aircraft:

                              (i)  is being operated by a Part 141 operator to conduct low‑flying flight training or by a Part 142 operator to conduct a low‑flying activity; and

                             (ii)  is being flown over an area that, with the consent of the person or authority with control of the area, has been determined by the operator to be a suitable flight training area for the training and has been surveyed by the pilot in command for obstacles before the flight; and

                            (iii)  is not carrying passengers;

                      (f)  the aircraft is performing training circuits at an aerodrome;

                     (g)  the pilot holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);

                     (h)  all of the following apply:

                              (i)  the pilot in command of the aircraft is authorised under Part 61, or holds an approval under regulation 91.045, to fly the aircraft below the height mentioned in paragraph (2)(a);

                             (ii)  the pilot in command of the aircraft conducts a risk assessment of the area to be flown over;

                            (iii)  the point on the ground or water vertically below the aircraft is not within 150 m of a person, vessel, vehicle or structure or of livestock;

                      (i)  for a rotorcraft—the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;

                      (j)  for a rotorcraft, seaplane or amphibian—the aircraft is flying within an access lane:

                              (i)  that is for use by aircraft taking off from, or landing at, a particular place; and

                             (ii)  details of which are published in the authorised aeronautical information for the flight;

                     (k)  the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

Subdivision 91.D.4.4Avoiding collisions in the air

91.325  Basic rule

                   A flight crew member must, during a flight, maintain vigilance, so far as weather conditions permit, to see and avoid other aircraft.

91.330  Right of way rules

             (1)  The pilot in command of an aircraft contravenes this subregulation if, during a flight:

                     (a)  there is a risk of collision between the aircraft and another aircraft; and

                     (b)  a circumstance mentioned in column 1 of an item in the following table exists; and

                     (c)  the pilot in command contravenes the right of way rule mentioned in column 2 of that item.

 

Right of way rules

Item

Column 1

Column 2

 

Circumstance

Right of way rule

1

An aircraft is in an emergency and compelled to land

Any other aircraft must give way to the aircraft that is compelled to land

2

An aircraft is landing

Any other aircraft (whether in flight or operating on the ground or water) must give way to the aircraft that is landing

3

Two heavier‑than‑air aircraft are conducting an approach to land at an aerodrome

The following rules apply:

(a) the higher aircraft must give way to the lower aircraft;

(b) however, if the higher aircraft is in the final stages of an approach to land, the lower aircraft must not take advantage of the higher aircraft’s need to comply with paragraph (a) to cut in front of the higher aircraft;

(c) despite paragraphs (a) and (b), a power‑driven heavier‑than‑air aircraft must give way to an unpowered glider

4

An aircraft is overtaking another aircraft

The aircraft that is overtaking must give way to the aircraft being overtaken

5

Aircraft mentioned in column 2 are in the same vicinity

An aircraft mentioned in the following list must give way to an aircraft listed above it in the list:

(a) a balloon;

(b) a person descending by parachute;

(c) an unpowered glider;

(d) an airship;

(e) an aircraft that is towing something (including another aircraft);

(f) a power‑driven aircraft

6

Two aircraft are on converging headings at approximately the same altitude

The aircraft that has the other aircraft on its right must give way to the other aircraft

 

 

             (2)  Subregulation (1) does not apply if it is necessary, in order to avoid a collision with an aircraft, not to comply with the right of way rule.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.335  Additional right of way rules

Aircraft with right of way to maintain heading and speed

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  there is a risk of collision with another aircraft; and

                     (b)  the aircraft has right of way over the other aircraft (in accordance with regulation 91.330); and

                     (c)  the aircraft’s heading and speed is not maintained until there is no longer a risk of collision.

Overtaking aircraft to keep clear and to right

             (2)  The pilot in command of an aircraft contravenes this subregulation if, when the aircraft is overtaking another aircraft (whether in the course of climbing, descending or in level flight), the pilot does not:

                     (a)  keep the aircraft out of the way of the other aircraft, even if the other aircraft alters course while being overtaken; and

                     (b)  fly the aircraft so that it passes to the right of the other aircraft and remains on the right until clear of the other aircraft.

Aircraft approaching head on to alter heading to right

             (3)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft and another aircraft are approaching in the air head on or approximately so; and

                     (b)  there is a risk of collision; and

                     (c)  the aircraft’s heading is not altered to the right.

Aircraft giving way not to create collision risk

             (4)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft is required to give way to another aircraft:

                              (i)  by a right of way rule in regulation 91.330; or

                             (ii)  by an additional right of way rule in subregulation (1), (2) or (3) of this regulation; or

                            (iii)  by an additional right of way rule in regulation 91.340; and

                     (b)  the aircraft is flown so that it passes ahead of the other aircraft, or directly over or under it, so closely that there is a risk of collision.

Exceptions

             (5)  Subregulation (1), (2), (3) or (4) does not apply if it is necessary, in order to avoid a collision with an aircraft, to not comply with the subregulation.

             (6)  Subregulation (4) does not apply if, as a result of a command of the aircraft’s airborne collision avoidance system, the pilot was manoeuvring the aircraft to the extent necessary to ensure the safety of the aircraft.

Offence

             (7)  A person commits an offence of strict liability if the person contravenes subregulation (1), (2), (3) or (4).

Penalty:  50 penalty units.

Note:          A defendant bears an evidential burden in relation to the matters in subregulation (5) or (6): see subsection 13.3(3) of the Criminal Code.

91.340  Right of way rules for take‑off and landing

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during take‑off or landing, the aircraft is flown in a manner that creates a risk of collision with:

                     (a)  another aircraft; or

                     (b)  a person, vessel, vehicle or structure.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Subdivision 91.D.4.5Avoiding collisions on water

91.345  Compliance with International Regulations

             (1)  This regulation applies in relation to a requirement of the International Regulations to the extent that the requirement is not inconsistent with a requirement of regulation 91.355.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft is operating on water; and

                     (b)  the aircraft is not operated in accordance with the International Regulations.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.350  Giving way to vessels

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is in level flight, or is manoeuvring near the surface of water; and

                     (b)  the aircraft does not, as far as possible:

                              (i)  keep clear of a vessel; or

                             (ii)  avoid impeding the navigation of a vessel.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.355  Giving way on water

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the aircraft is on water; and

                     (b)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the aircraft must give way to, and keep well clear of, an aircraft or vessel converging on its right;

                     (b)  the aircraft must alter its heading to the right, and keep well clear, of an aircraft or vessel that is approaching head‑on or approximately head‑on;

                     (c)  the aircraft, if overtaking a vessel or another aircraft, must:

                              (i)  give way to the vessel or aircraft being overtaken; and

                             (ii)  alter its heading to keep well clear of the vessel or aircraft being overtaken.

             (3)  Subregulation (1) does not apply if it is necessary, to avoid a collision with an aircraft or vessel, to not comply with the requirement.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

Subdivision 91.D.4.6Avoiding collisions at or in the vicinity of aerodromes

91.360  Meaning of in the vicinity of a non‑controlled aerodrome

             (1)  An aircraft is in the vicinity of a non‑controlled aerodrome if it is:

                     (a)  in uncontrolled airspace; and

                     (b)  within 10 nautical miles of the aerodrome; and

                     (c)  at a height above the aerodrome that could result in conflict with operations at the aerodrome.

             (2)  For the purposes of paragraph (1)(b), if an aerodrome reference point for the aerodrome is published in the authorised aeronautical information for the flight, the distance must be measured from that point.

91.365  Taxiing or towing on movement area of aerodrome

             (1)  A person contravenes this subregulation if:

                     (a)  the person is taxiing or towing an aircraft on the movement area of an aerodrome; and

                     (b)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the aircraft and any tow vehicle must give way, in accordance with subregulation (3), to an aircraft that is landing or on its final approach to land;

                     (b)  the aircraft and any tow vehicle must give way, in accordance with subregulation (3), to an aircraft that is taking off or preparing for take‑off;

                     (c)  the aircraft and any tow vehicle must keep well clear of an aircraft it is overtaking;

                     (d)  the aircraft and any tow vehicle must give way to an aircraft on the right if both aircraft are on a converging course;

                     (e)  the aircraft and any tow vehicle must stop, or alter course to the right, so as to remain clear of an aircraft approaching head on or approximately so.

             (3)  For the purposes of paragraph (2)(a) or (2)(b):

                     (a)  for a runway that has a marked runway hold position for the aircraft—the aircraft giving way and any tow vehicle must hold at that position; and

                     (b)  for a runway that does not have a marked runway hold position—the aircraft giving way and any tow vehicle must not encroach upon a graded runway strip.

             (4)  Subregulation (1) does not apply if it is necessary, to avoid a collision with an aircraft and any tow vehicle, to not comply with the requirement.

             (5)  Subregulation (1) does not apply if the aircraft and any tow vehicle are being operated in accordance with an air traffic control clearance or air traffic control instructions.

             (6)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Note:          A defendant bears an evidential burden in relation to the matters in subregulation (4) or (5): see subsection 13.3(3) of the Criminal Code.

91.370  Take‑off or landing at non‑controlled aerodrome—all aircraft

             (1)  This regulation applies to an aircraft (the subject aircraft) at a non‑controlled aerodrome at which a take‑off or landing of the aircraft can only occur from or to a runway.

Rules for take‑off

             (2)  The pilot in command of the subject aircraft for a flight contravenes this subregulation if:

                     (a)  the subject aircraft commences to take‑off from a runway; and

                     (b)  before taking off, a requirement mentioned in subregulation (3) is not met.

             (3)  The requirements are the following:

                     (a)  if another aircraft is taking off before the subject aircraft from the same runway:

                              (i)  the other aircraft must have crossed the upwind end of the runway; or

                             (ii)  the other aircraft must have commenced a turn; or

                            (iii)  the runway must be longer than 1,800 m and the other aircraft must have become airborne and be at least 1,800 m beyond the proposed point of lift‑off of the subject aircraft; or

                            (iv)  the other aircraft and the subject aircraft must both have a maximum take‑off weight below 2,000 kg, and the other aircraft must be airborne and at least 600 m beyond the proposed point of lift‑off of the subject aircraft;

                     (b)  if another aircraft is landing on the same runway before the subject aircraft—the other aircraft must have vacated the runway;

                     (c)  if another aircraft is landing before the subject aircraft and is using a crossing runway—the other aircraft must have crossed, or must have stopped short of, the runway the subject aircraft is taking off from.

Rules for landing

             (4)  The pilot in command of the subject aircraft for a flight contravenes this subregulation if:

                     (a)  the subject aircraft continues an approach to land at an aerodrome beyond the threshold of the runway; and

                     (b)  before landing, a requirement mentioned in subregulation (5) is not met.

             (5)  The requirements are the following:

                     (a)  if another aircraft is taking off using the same runway before the subject aircraft:

                              (i)  the other aircraft must be airborne and must have commenced a turn; or

                             (ii)  the other aircraft must be beyond the point on the runway at which the subject aircraft could be expected to complete its landing roll, and there must be sufficient distance for the subject aircraft to manoeuvre safely in the event of a missed approach;

                     (b)  if another aircraft is landing on the same runway before the subject aircraft—the other aircraft must have vacated the runway or must be taxiing away from the runway;

                     (c)  if another aircraft is landing before the subject aircraft and is using a crossing runway—the other aircraft must have crossed, or must have stopped short of, the runway the subject aircraft is landing on.

Application of rules where gliders or glider tugs operate

             (6)  At an aerodrome where gliders or glider tugs operate to a common circuit pattern from a parallel strip outside the runway strip:

                     (a)  subregulations (2) and (4) apply to an aircraft taking off or landing, respectively, on either the runway or the parallel strip as if the runway and the strip were a single runway; but

                     (b)  aircraft taxiing or stationary on either the runway or the parallel strip are taken not to affect operations on the other.

Exception

             (7)  Subregulation (2) or (4) does not apply if:

                     (a)  the aircraft is taking off or landing at an aerodrome where gliders or glider tugs operate to a contra‑circuit pattern on both a runway and a parallel strip outside the runway strip; and

                     (b)  simultaneous operations on the runway and the parallel strip are permitted.

Offence

             (8)  A person commits an offence of strict liability if the person contravenes subregulation (2) or (4).

Penalty:  50 penalty units.

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

91.375  Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—general requirements

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is operated on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome; and

                     (b)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the pilot must keep a lookout for other aircraft that are being operated on the manoeuvring area, or in the vicinity, of the aerodrome to avoid a collision;

                     (b)  the pilot must ensure that the aircraft does not cause a danger to other aircraft on the manoeuvring area, or in the vicinity, of the aerodrome;

                     (c)  if the pilot is flying the aircraft in the vicinity of the aerodrome—the pilot must join, or avoid, the circuit pattern for the aerodrome;

                     (d)  if the aircraft is an aeroplane—the pilot must not:

                              (i)  take‑off from a part of the aerodrome that is outside the aerodrome landing area; or

                             (ii)  land the aircraft on a part of the aerodrome that is outside the aerodrome landing area.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.380  Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—landing and taking off into the wind

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is operated on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome; and

                     (b)  the pilot does not, to the extent practicable, land and take off into the wind.

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

                     (a)  the aircraft flight manual instructions for the aircraft allow the aircraft to land or take off downwind or crosswind; and

                     (b)  the pilot is satisfied that traffic conditions at the aerodrome enable such a landing or take‑off to be carried out safely.

             (3)  A person commits an offence if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.385  Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—requirements that apply after joining the circuit pattern

             (1)  The pilot in command of an aircraft (other than a rotorcraft) for a flight contravenes this subregulation if:

                     (a)  the aircraft is operated on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome; and

                     (b)  after joining the circuit pattern for a landing or while flying in the circuit pattern after take‑off, the pilot does not:

                              (i)  comply with instructions in the authorised aeronautical information for the flight to the effect that all turns be made in a particular direction; or

                             (ii)  if there are no relevant instructions in the authorised aeronautical information for the flight—make all turns to the left.

             (2)  Subregulation (1) does not apply to the pilot in command of a seaplane or amphibian if the pilot in command contravenes the subregulation only to the extent necessary:

                     (a)  to avoid an obstacle; or

                     (b)  to avoid undue noise over a populated area without compromising the aircraft’s safety; or

                     (c)  for a single‑engine seaplane or amphibian—to enable the aircraft to land on water if its engine fails.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.390  Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—requirements related to maintaining the same track after take‑off

             (1)  The pilot in command of an aircraft (other than a rotorcraft) for a flight contravenes this subregulation if:

                     (a)  the aircraft is operated on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome; and

                     (b)  the pilot does not, after take‑off, maintain the same track from the take‑off until the aircraft is 500 ft AGL.

             (2)  Subregulation (1) does not apply to the pilot in command of a seaplane or amphibian if the pilot in command contravenes the subregulation only to the extent necessary:

                     (a)  to avoid an obstacle; or

                     (b)  to avoid undue noise over a populated area without compromising the aircraft’s safety; or

                     (c)  for a single engine seaplane or amphibian—to enable the aircraft to land on water if its engine fails.

             (3)  Subregulation (1) does not apply to the pilot in command of an aircraft if a change to the track is necessary to avoid the terrain.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.395  Straight‑in approaches at non‑controlled aerodromes

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft approaches a non‑controlled aerodrome to land using a straight‑in approach; and

                     (b)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  before starting the approach, the pilot in command must determine:

                              (i)  the wind direction at the aerodrome; and

                             (ii)  the runways in use at the aerodrome;

                     (b)  the aircraft must give way to any other aircraft flying in the circuit pattern for the aerodrome;

                     (c)  for an approach other than an approach carried out in IMC using an instrument approach procedure—all manoeuvring must be carried out, to establish the aircraft on the final approach, at least 3 nautical miles from the threshold of the runway intended to be used for the landing.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.400  Communicating at certified, registered, military or designated non‑controlled aerodromes

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is operated on the manoeuvring area of, or in the vicinity of:

                              (i)  a certified aerodrome; or

                             (ii)  a registered aerodrome; or

                            (iii)  a military aerodrome; or

                            (iv)  an aerodrome prescribed as a designated non‑controlled aerodrome by the Part 91 Manual of Standards for this subparagraph; and

                     (b)  the aerodrome is a non‑controlled aerodrome; and

                     (c)  if the aircraft is not carrying an operative radio—the requirement in subregulation (2) is not met.

             (2)  The requirement is that either subregulation (3) or (4) is satisfied.

             (3)  This subregulation is satisfied if:

                     (a)  the flight is conducted during the day in VMC; and

                     (b)  the flight is conducted in company with another aircraft; and

                     (c)  the other aircraft is carrying an operative radio; and

                     (d)  the pilot in command of the other aircraft is:

                              (i)  if the aircraft is an Australian aircraft—authorised to operate the radio under Part 61; or

                             (ii)  if the aircraft is a foreign registered aircraft—authorised to operate the radio under the law of the aircraft’s State of registry or the State of the operator.

             (4)  This subregulation is satisfied if:

                     (a)  either:

                              (i)  the radio becomes inoperative during the flight; or

                             (ii)  the purpose of the flight is to take the radio to a place where it can be repaired; and

                     (b)  if the aircraft is flying in the vicinity of the aerodrome—each of the following is switched on:

                              (i)  the aircraft’s landing lights (if any);

                             (ii)  the aircraft’s anti‑collision lights (if any);

                            (iii)  the aircraft’s secondary surveillance radar transponder (if any); and

                     (c)  if the aircraft is arriving at the aerodrome—the aircraft joins the circuit pattern for the aerodrome on the cross‑wind or down‑wind leg of the circuit pattern.

             (5)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.405  Aircraft in aerodrome traffic at controlled aerodromes

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is part of aerodrome traffic at a controlled aerodrome; and

                     (b)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  a continuous watch for instructions given visually by Air Traffic Services for the aerodrome using standard visual signals must be maintained;

                     (b)  if a continuous listening watch on the frequency specified in the authorised aeronautical information for the flight for communications with Air Traffic Services for the aerodrome can be maintained—the continuous listening watch must be maintained;

                     (c)  authorisation to conduct a manoeuvre preparatory to, or associated with, taxiing, landing or take‑off must be obtained from Air Traffic Services for the aerodrome before the manoeuvre is conducted.

             (3)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is part of aerodrome traffic at a controlled aerodrome; and

                     (b)  a requirement mentioned in subregulation (4) is not met.

             (4)  The requirements are the following:

                     (a)  if the aircraft takes off from the aerodrome and a change to the aircraft’s track is not necessary to avoid the terrain—the aircraft must maintain the same track from the take‑off until the aircraft is 500 ft AGL;

                     (b)  if the aircraft joins the circuit pattern for the aerodrome for a landing—the aircraft must, after joining the circuit pattern, make all turns in the direction of the circuit pattern;

                     (c)  if the aircraft takes off from the aerodrome—the aircraft must, after taking off, make all turns in the direction of the circuit pattern while the pilot is flying in the circuit pattern for the aerodrome.

             (5)  Subregulation (3) does not apply if:

                     (a)  Air Traffic Services for the aerodrome instructed or permitted the pilot to engage in the conduct that would otherwise result in the contravention of that subregulation; or

                     (b)  the aircraft is being flown in accordance with an authorised instrument departure procedure or an authorised instrument approach procedure.

             (6)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (3).

Penalty:  50 penalty units.

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

Division 91.D.5Taking off, landing and ground operations

91.410  Use of aerodromes

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  the aircraft takes off from, or lands at, a place; and

                     (b)  the place does not meet the requirement in subregulation (2).

Note:          This regulation does not apply to the operation of an aircraft if regulation 121.205 applies to the operation: see regulation 91.035.

             (2)  The requirement is that:

                     (a)  the place is one of the following:

                              (i)  a certified aerodrome;

                             (ii)  a registered aerodrome;

                            (iii)  an aerodrome for which an arrangement under section 20 of the Act is in force;

                            (iv)  a place that is suitable for the landing and taking‑off of aircraft; and

                     (b)  the aircraft can land at, or take off from, the place safely having regard to all the circumstances of the proposed landing or take‑off (including the prevailing weather conditions).

             (3)  For the purposes of the definition of aerodrome in the Act, a place mentioned in subparagraph (2)(a)(iv) is authorised to be used as an aerodrome.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.415  Taxiing aircraft

             (1)  A person contravenes this subregulation if:

                     (a)  the person taxis an aircraft; and

                     (b)  any of the following apply:

                              (i)  for an aeroplane that is an Australian aircraft—the person is not authorised under Part 61 or 64 to taxi the aeroplane;

                             (ii)  for a rotorcraft that is an Australian aircraft—the person is not authorised under Part 61 to taxi the rotorcraft;

                            (iii)  for an aeroplane that is a foreign registered aircraft—the person is not qualified to taxi the aeroplane under the law of the aeroplane’s State of registry or the State of the operator, nor authorised under Part 64;

                            (iv)  for a rotorcraft that is a foreign registered aircraft—the person is not qualified to pilot the rotorcraft under the law of the rotorcraft’s State of registry or the State of the operator.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.420  Parked aircraft not to create hazard

             (1)  A person contravenes this subregulation if the person parks an aircraft in a place where the aircraft is a hazard to the movement of other aircraft.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  25 penalty units.

91.425  Safety when aeroplane operating on ground

             (1)  A person contravenes this subregulation if:

                     (a)  the person starts the engine of an aeroplane, or causes the engine to be started, while the aeroplane is on the ground; and

                     (b)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the person who starts the engine or causes the engine to be started must be:

                              (i)  if the aeroplane is an Australian aircraft—a person authorised to pilot the aeroplane under Part 61 or a person authorised to taxi the aeroplane under Part 64; or

                             (ii)  if the aeroplane is a foreign registered aircraft—a person qualified to pilot or taxi the aeroplane under the law of the aeroplane’s State of registry or the State of the operator; or

                            (iii)  a person of a kind prescribed by the Part 91 Manual of Standards; and

                     (b)  if subparagraph (a)(iii) applies—the aeroplane must be secured from moving.

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

                     (a)  the person starting the engine of the aeroplane is hand‑starting the propeller of the aeroplane; and

                     (b)  assistance is not readily available; and

                     (c)  adequate provision is made to prevent the aeroplane moving forward; and

                     (d)  no person is on board the aircraft.

             (4)  A person contravenes this subregulation if:

                     (a)  the person operates an aeroplane on the ground, or causes an aeroplane to be operated on the ground; and

                     (b)  the person permits another person to board the aeroplane or to remain on the aeroplane while a pilot seat of the aeroplane is not occupied by a person who is competent to apply the brakes and control the engine.

             (5)  For the purposes of paragraph (4)(b), a person is competent to apply the brakes and control the engine of an aeroplane if:

                     (a)  the person has been given instructions on how, and assessed as competent, to apply the brakes and control the engine (including how to shut the engine down) by another person; or

                     (b)  the person is authorised under Part 61 or Part 64 to taxi the aeroplane; or

                     (c)  if the aeroplane is a foreign registered aircraft—the person is qualified to pilot or taxi the aeroplane under the law of the aeroplane’s State of registry or the State of the operator.

             (6)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (4).

Penalty:  50 penalty units.

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

91.430  Safety when rotorcraft operating on ground

             (1)  A person contravenes this subregulation if:

                     (a)  the person operates a rotorcraft on the ground; and

                     (b)  the requirement mentioned in subregulation (2) is not met.

             (2)  The requirement is that the person must be:

                     (a)  for an Australian aircraft—authorised under Part 61 to pilot the rotorcraft; or

                     (b)  for a rotorcraft that is a foreign registered aircraft—qualified to pilot the rotorcraft under the law of the rotorcraft’s State of registry or the State of the operator.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.435  IFR take‑off and landing minima

             (1)  The Part 91 Manual of Standards may prescribe the following:

                     (a)  requirements (the take‑off minima requirements) relating to take‑off minima for an aerodrome;

                     (b)  requirements (the landing minima requirements) relating to landing minima for an aerodrome.

             (2)  The operator and the pilot in command of an aircraft for an IFR flight each contravene this subregulation if:

                     (a)  the aircraft conducts a take‑off at an aerodrome; and

                     (b)  a take‑off minima requirement for the aerodrome is not met for the flight.

             (3)  The operator and the pilot in command of an aircraft for an IFR flight each contravene this subregulation if:

                     (a)  the aircraft conducts a landing at an aerodrome; and

                     (b)  a landing minima requirement for the aerodrome is not met for the flight.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).

Penalty:  50 penalty units.

91.440  Approach ban for IFR flights

             (1)  The Part 91 Manual of Standards may prescribe circumstances in which an aircraft flown under the IFR must not make an approach to land at an aerodrome.

             (2)  The operator and the pilot in command of an aircraft for an IFR flight each contravene this subregulation if:

                     (a)  the aircraft makes an approach to land at an aerodrome; and

                     (b)  the approach to land is made in circumstances mentioned in subregulation (1).

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.445  Taking off and landing in low visibility

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  the aircraft conducts a low‑visibility operation at an aerodrome; and

                     (b)  when the operation begins:

                              (i)  if the operator is required under these Regulations to have an exposition or an operations manual—the operator does not hold an approval under regulation 91.045 to conduct the low‑visibility operation; or

                             (ii)  if subparagraph (i) does not apply—the pilot in command does not hold an approval under regulation 91.045 to conduct the low‑visibility operation.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.450  Specified aircraft performance categories

             (1)  The operator of an aircraft contravenes this subregulation if, while the aircraft is operating at an aerodrome:

                     (a)  the aircraft does not operate in the specified aircraft performance category for the aircraft at the aerodrome; and

                     (b)  the operator:

                              (i)  does not hold an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome; or

                             (ii)  holds an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome but does not comply with subregulation (3) of this regulation.

             (2)  The operator of an aircraft contravenes this subregulation if:

                     (a)  the operator holds an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome; and

                     (b)  the aircraft does not operate in that lower aircraft performance category.

             (3)  The operator must give details to the flight crew of:

                     (a)  the approval; and

                     (b)  the conditions (if any) imposed by CASA on the approval.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

Division 91.D.6Fuel requirements

91.455  Fuel requirements

             (1)  The Part 91 Manual of Standards may prescribe requirements relating to fuel for aircraft, including (but not limited to) the following:

                     (a)  matters that must be considered when determining whether an aircraft has sufficient fuel to complete a flight safely;

                     (b)  the amounts of fuel that must be carried on board an aircraft for a flight;

                     (c)  procedures for monitoring amounts of fuel during a flight;

                     (d)  procedures to be followed if fuel reaches specified amounts during a flight.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.

Note:          This regulation does not apply to the operation of an aircraft if Division 121.D.6, 133.D.6, 135.D.6 or 138.D.6 applies to the operation: see regulation 91.035.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.460  Oil requirements

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight begins, the aircraft is not carrying sufficient oil to complete the flight safely.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.465  Contaminated, degraded or inappropriate fuels

             (1)  The operator and pilot in command of an aircraft for a flight each contravene this subregulation if, before the flight begins, the operator or pilot in command does not ensure that the aircraft has been fuelled with fuel that is not contaminated, degraded or inappropriate.

             (2)  A person contravenes this subregulation if:

                     (a)  the person supplies fuel for fuelling an aircraft; and

                     (b)  the fuel is contaminated, degraded or inappropriate fuel for the aircraft.

             (3)  A person contravenes this subregulation if:

                     (a)  the person fuels an aircraft; and

                     (b)  the fuel is contaminated, degraded or inappropriate fuel for the aircraft.

             (4)  A person commits an offence if the person contravenes subregulation (1), (2) or (3).

Penalty:  50 penalty units.

91.470  Fire hazards

             (1)  A person contravenes this subregulation if:

                     (a)  an aircraft is being fuelled; and

                     (b)  the person creates a fire hazard within 15 m of the aircraft or the equipment used to fuel the aircraft.

             (2)  A person contravenes this subregulation if:

                     (a)  a fire hazard exists within 15 m of an aircraft or the aircraft’s fuelling equipment; and

                     (b)  the person fuels the aircraft.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

91.475  Fuelling aircraft—fire fighting equipment

             (1)  A person who fuels an aircraft contravenes this subregulation if a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  at all times during the fuelling, at least 2 fire extinguishers:

                              (i)  must be on the fuelling equipment or positioned at a distance of not less than 6 m and not more than 15 m from the fuelling point; and

                             (ii)  must be readily available for use by the person;

                     (b)  each fire extinguisher:

                              (i)  must be of a type and capacity suitable for extinguishing fuel and electrical fires; and

                             (ii)  for a fuelling operation in Australian territory—must comply with Australian/New Zealand Standard AS/NZS 1841, as in force from time to time.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.480  Fuelling aircraft—electrical bonding

             (1)  A person contravenes this subregulation if:

                     (a)  the person is fuelling an aircraft; and

                     (b)  the aircraft and the equipment used to fuel the aircraft are not electrically bonded.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.485  Equipment or electronic devices operating near aircraft

Operation of equipment or electronic device near aircraft during fuelling

             (1)  A person contravenes this subregulation if:

                     (a)  an aircraft is being fuelled; and

                     (b)  the person operates equipment or an electronic device within 15 m of a critical fuelling point for the aircraft.

Fuelling aircraft while equipment or electronic device is operated near aircraft

             (2)  A person contravenes this subregulation if:

                     (a)  equipment or an electronic device is being operated within 15 m of a critical fuelling point for the fuelling of an aircraft; and

                     (b)  the person fuels the aircraft.

Exceptions

             (3)  Subregulations (1) and (2) do not apply if:

                     (a)  the equipment or electronic device being operated:

                              (i)  is part of the aircraft or the aircraft’s fuelling equipment; or

                             (ii)  is designed for use during fuelling operations; or

                            (iii)  performs an aircraft servicing function and is safe for use within 15 m of a critical fuelling point for the fuelling of the aircraft; or

                            (iv)  complies with an industry standard about the safe use of equipment or electronic devices within 15 m of a critical fuelling point for the fuelling of the aircraft; or

                     (b)  the equipment being operated is an auxiliary power unit of the aircraft and the following requirements are met:

                              (i)  the operation of the auxiliary power unit starts before the person begins fuelling the aircraft;

                             (ii)  the aircraft flight manual instructions for the aircraft permit the auxiliary power unit to be operated during fuelling; or

                     (c)  the electronic device being operated:

                              (i)  is hazardous to the process of fuelling the aircraft only because it is designed to produce radio emissions (within the meaning of the Radiocommunications Act 1992); and

                             (ii)  is operated at least 6 m from each critical fuelling point for the fuelling of the aircraft; or

                     (d)  for a turbine‑engine aircraft—the electronic device being operated is a low‑risk electronic device and is operated in accordance with regulation 91.490.

Offence

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

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

91.490  Fuelling turbine‑engine aircraft—low‑risk electronic devices

Use of device inside cabin of aircraft

             (1)  A person on a turbine‑engine aircraft for a flight contravenes this subregulation if:

                     (a)  the person operates a low‑risk electronic device inside the cabin of the aircraft while the aircraft is being fuelled; and

                     (b)  the pilot in command of the aircraft has not given the person permission to operate the device while the aircraft is being fuelled.

             (2)  The pilot in command of a turbine‑engine aircraft for a flight contravenes this subregulation if:

                     (a)  the pilot in command gives permission to a person to operate a low‑risk electronic device inside the cabin of the aircraft while the aircraft is being fuelled; and

                     (b)  the requirement mentioned in subregulation (3) is not met.

             (3)  The requirement is that, during fuelling, each cabin door within 3 m of a critical fuelling point for the fuelling of the aircraft must be closed.

Use of device outside cabin of aircraft

             (4)  A person contravenes this subregulation if:

                     (a)  the person operates a low‑risk electronic device outside the cabin of a turbine‑engine aircraft while the aircraft is being fuelled; and

                     (b)  a requirement mentioned in subregulation (5) is not met.

             (5)  The requirements are the following:

                     (a)  the device must be operated at a distance of greater than 3 m from each critical fuelling point for the fuelling of the aircraft;

                     (b)  the device may also be operated at a distance of 3 m or less from a critical fuelling point for the fuelling of the aircraft if the person operating the device:

                              (i)  is employed or engaged by the operator of the aircraft; and

                             (ii)  has successfully completed training and has been assessed by the operator as competent to comply with the requirements of this Division in relation to operating the device in those areas and to avoid the risks associated with being distracted when operating the device.

             (6)  A person commits an offence if the person contravenes subregulation (1), (2) or (4).

Penalty:  50 penalty units.

91.495  Only turbine‑engine aircraft to be hot fuelled

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is hot fuelled for the flight; and

                     (b)  the aircraft is not a turbine‑engine aircraft.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.500  Hot fuelling aircraft—general

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is hot fuelled for the flight; and

                     (b)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are that, at the time of the hot fuelling:

                     (a)  it must be safe to hot fuel; and

                     (b)  if the aircraft is a turbine‑engine propeller‑driven aeroplane:

                              (i)  an aeroplane propeller must not be within 2.5 m of the fuelling point used for the hot fuelling; and

                             (ii)  a person using the fuelling point must be separated from the propeller by a part of the aeroplane’s structure (such as a wing) and must not be able to move directly into the propeller’s arc from the fuelling point; and

                     (c)  doors on the fuelling side of the aircraft must be closed; and

                     (d)  at least one door on the non‑fuelling side of the aircraft must be open; and

                     (e)  a system of fuelling must not be used that allows fuel to be exposed to the atmosphere; and

                      (f)  there must be a means available to the person fuelling the aircraft to quickly cut off the fuel supply at its point of entry into the aircraft’s fuel tank; and

                     (g)  the person in charge of the aircraft, or the person at the aircraft’s controls, must maintain communication with the person fuelling the aircraft by means of:

                              (i)  an electronic communication system; or

                             (ii)  visual contact and an agreed system of signals.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.505  Hot fuelling aircraft—procedures etc.

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is hot fuelled for the flight; and

                     (b)  the following are not set out in the aircraft flight manual instructions for the aircraft:

                              (i)  procedures for the hot fuelling of the aircraft;

                             (ii)  the circumstances in which the aircraft can be hot fuelled;

                            (iii)  the procedures to be followed if an emergency occurs during hot fuelling.

Note:          This regulation does not apply to the operation of an aircraft if Division 138.D.6 applies to the operation: see regulation 91.035.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  a requirement of a procedure mentioned in subparagraph (1)(b)(i) or (iii) is not met in relation to the fuelling of the aircraft for the flight; or

                     (b)  the aircraft is fuelled in a circumstance that is not mentioned in subparagraph (1)(b)(ii).

             (3)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is hot fuelled; and

                     (b)  before the hot fuelling begins, a person who is directly involved with the hot fuelling has not been briefed about compliance with the procedures and circumstances mentioned in paragraph (1)(b).

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1), (2), or (3).

Penalty:  50 penalty units.

91.510  Fuelling aircraft—persons on aircraft, boarding or disembarking

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is being fuelled for the flight with a highly volatile fuel; and

                     (b)  the fuelling begins or continues when a person who is not a crew member of the aircraft is:

                              (i)  on the aircraft; or

                             (ii)  boarding the aircraft; or

                            (iii)  disembarking from the aircraft.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is being fuelled with fuel other than a highly volatile fuel; and

                     (b)  the fuelling begins or continues when a person who is not a crew member of the aircraft is:

                              (i)  on the aircraft; or

                             (ii)  boarding the aircraft; or

                            (iii)  disembarking from the aircraft; and

                     (c)  the pilot in command does not hold an approval under regulation 91.045 to fuel the aircraft in those circumstances.

Note:          This regulation does not apply to the operation of an aircraft if regulation 121.240, 133.195 or 135.220 applies to the operation: see regulation 91.035.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

91.515  Fuelling aircraft if fuel vapour detected

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  the aircraft is being fuelled for the flight; and

                     (b)  a person who is not a crew member of the aircraft is:

                              (i)  on the aircraft; or

                             (ii)  boarding the aircraft; or

                            (iii)  disembarking from the aircraft; and

                     (c)  fuel vapour is detected in the aircraft; and

                     (d)  the aircraft continues to be fuelled.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Division 91.D.7Safety of persons on aircraft and cargo requirements

91.520  Crew members to be fit for duty

             (1)  A crew member of an aircraft for a flight contravenes this subregulation if:

                     (a)  the crew member is, or is likely to be, unfit to perform a duty:

                              (i)  that is a required duty for the crew member to perform during the flight; and

                             (ii)  that is related to the safety of the aircraft or of the persons on the aircraft or cargo on the aircraft; and

                     (b)  the crew member begins to carry out the crew member’s duties for the flight.

             (2)  A crew member of an aircraft for a flight contravenes this subregulation if:

                     (a)  the crew member carries out a duty for the flight; and

                     (b)  either:

                              (i)  the crew member consumes alcohol at any time during the period of 8 hours ending when the flight begins; or

                             (ii)  if a test of a body sample of the crew member to determine the level of alcohol in the sample was taken at the time of carrying out the duty—the test would reveal that the permitted level for alcohol (within the meaning of Part 99) is exceeded.

             (3)  A crew member of an aircraft for a flight contravenes this subregulation if the crew member consumes alcohol while on board the aircraft.

             (4)  The operator of an aircraft for a flight contravenes this subregulation if:

                     (a)  the operator believes on reasonable grounds that a crew member is unfit to perform a duty on the flight; and

                     (b)  the duty relates to the safety of the aircraft or of the persons on the aircraft or cargo on the aircraft; and

                     (c)  the operator assigns the crew member to duty for the flight.

             (5)  A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).

Penalty:  50 penalty units.

             (6)  A person commits an offence if the person contravenes subregulation (4).

Penalty:  50 penalty units.

             (7)  Strict liability applies to paragraphs (4)(b) and (c).

             (8)  Without limiting subregulation (1) or (4), a crew member is taken to be, or is taken to be likely to be, unfit to perform a duty if:

                     (a)  the crew member is fatigued to the extent that the crew member’s ability to safely perform the duty is reduced or likely to be reduced; or

                     (b)  the crew member’s ability to safely perform the duty is impaired, or likely to be impaired, because the crew member has consumed, used or absorbed a psychoactive substance.

91.525  Offensive or disorderly behaviour on aircraft

             (1)  A person on an aircraft for a flight contravenes this subregulation if:

                     (a)  the person behaves in an offensive or disorderly manner; and

                     (b)  as a result of that behaviour, the safety of the aircraft or persons on the aircraft is endangered.

             (2)  The operator or a crew member of an aircraft for a flight may refuse to allow a person to board the aircraft if there are reasonable grounds to believe that the person is likely to behave in an offensive or disorderly manner that is likely to endanger the safety of the aircraft or persons on the aircraft.

             (3)  Without limiting subregulation (1) or (2), a person is taken to behave in an offensive or disorderly manner if the person:

                     (a)  assaults, intimidates or threatens another person (whether the assault, intimidation or threat is verbal or physical, and whether or not a weapon or object is used); or

                     (b)  intentionally damages or destroys property.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.530  Smoking not permitted during certain periods of flight

             (1)  A person on an aircraft for a flight contravenes this subregulation if the person smokes:

                     (a)  during take‑off or landing; or

                     (b)  during a period when the pilot in command has directed the person not to smoke.

Note:          Section 37 of the Air Navigation Regulation 2016 prohibits smoking anywhere on an aircraft if the aircraft is engaged in certain operations.

             (2)  A person on an aircraft for a flight contravenes this subregulation if the person smokes in the aircraft’s toilet.

             (3)  For the purposes of paragraph (1)(b), the pilot in command is taken to have directed a person on an aircraft not to smoke if:

                     (a)  a permanent “no smoking” sign is displayed in the aircraft’s cabin; or

                     (b)  the pilot has switched on an illuminated “no smoking” sign in the aircraft’s cabin.

             (4)  For the purposes of this regulation, smoking is taken to include the use of electronic cigarettes.

             (5)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

91.535  Crew safety during turbulence

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  a crew member (other than a flight crew member) is carried on the flight; and

                     (b)  before the flight begins, the pilot in command has not implemented procedures for:

                              (i)  the protection of such crew members during turbulence or during a period when turbulence is expected; or

                             (ii)  the limiting or ceasing of crew member duties during turbulence or during a period when turbulence is expected.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.540  Means of passenger communication

             (1)  The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  due to the design or configuration of the aircraft, the pilot in command is unable to see all seats (and berths) on the aircraft from the pilot in command’s pilot seat; and

                     (b)  before the aircraft begins the flight, the aircraft is not fitted with a means to communicate with all passengers during all phases of the flight (including emergencies).

Note:          This regulation does not apply to the operation of an aircraft if regulation 138.375 applies to the operation: see regulation 91.035.

             (2)  A person commits an offence if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.545  Seating for persons on aircraft

             (1)  The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  a person is assigned a seat (or a berth) on the aircraft for the flight; and

                     (b)  the seat or berth is not fitted with a seatbelt or shoulder harness; and

                     (c)  the aircraft begins the flight.

             (2)  Subregulation (1) does not apply if circumstances prescribed by the Part 91 Manual of Standards apply in relation to the carriage of the person for the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.550  Seating for flight crew members

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, a requirement mentioned in subregulation (2) is not met.

Note:          This regulation does not apply to the operation of an aircraft if regulation 138.375 applies to the operation: see regulation 91.035.

             (2)  The requirements are the following:

                     (a)  the flight must be conducted by at least one pilot who:

                              (i)  for an Australian aircraft—holds a pilot licence and is permitted under regulation 61.385 to conduct the flight; or

                             (ii)  for a foreign aircraft—is qualified to pilot the aircraft under the law of the aircraft’s State of registry or the State of the operator;

                     (b)  at all times during the flight, such a pilot must occupy a pilot seat, with the seatbelt securely fastened;

                     (c)  during take‑off, landing or any other period that the pilot in command directs, each flight crew member required for the flight must occupy the flight crew member’s crew station with the seatbelt and shoulder harness securely fastened;

                     (d)  when occupying a crew station on the flight deck other than a flight crew member’s crew station, the flight crew member must keep the flight crew member’s seatbelt securely fastened.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.555  Seating for crew members other than flight crew members

             (1)  A crew member (other than a flight crew member) for a flight of an aircraft contravenes this subregulation if, during take‑off, landing or any other period that the pilot in command directs, the crew member is not:

                     (a)  occupying the crew member’s crew station; and

                     (b)  wearing, securely fastened, the seatbelts and shoulder harnesses provided at that station.

Note:          This regulation does not apply to the operation of an aircraft if regulation 138.375 applies to the operation: see regulation 91.035.

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

                     (a)  a direction is given by the pilot in command during turbulence; and

                     (b)  the crew member occupies a seat other than the crew member’s crew station; and

                     (c)  the crew member is wearing, securely fastened, the seatbelts and shoulder harnesses provided at that seat.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.560  Restraint of infants and children

             (1)  A passenger on an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  a direction is given to passengers under regulation 91.570 to fasten seatbelts or shoulder harnesses (as the case requires); and

                     (b)  the passenger is responsible for an infant or child carried on the flight; and

                     (c)  the passenger does not ensure that the infant or child is restrained in accordance with the requirements prescribed by the Part 91 Manual of Standards for the purposes of this paragraph.

Note:          This regulation does not apply to the operation of an aircraft if regulation 138.375 applies to the operation: see regulation 91.035.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.565  Passengers—safety briefings and instructions

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  a passenger is not given a safety briefing and instructions in accordance with the requirements prescribed by the Part 91 Manual of Standards for the purposes of this paragraph; and

                     (b)  the aircraft takes off for the flight.

Note:          This regulation does not apply to the operation of an aircraft if regulation 121.285, 133.240 or 135.280 applies to the operation: see regulation 91.035.

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

                     (a)  the passenger has been previously carried on the aircraft; and

                     (b)  the passenger has previously been given a safety briefing and instructions in accordance with this regulation; and

                     (c)  in the circumstances it is not reasonably necessary to give the same safety briefing and instructions.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.570  Passengers—safety directions by pilot in command

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, before doing a thing mentioned in subregulation (2), a passenger is not directed to do the following:

                     (a)  to fasten the passenger’s seatbelt or shoulder harness;

                     (b)  if the seat back of the seat (or berth) in which the passenger is sitting is adjustable—to ensure that the seat back is in an upright position or other position permitted by the aircraft flight manual instructions for the aircraft while the aircraft is doing a thing mentioned in subregulation (2);

                     (c)  if there are attachments to or for the seat (including a tray table or footrest)—to stow the attachments or to position them as permitted by the aircraft flight manual instructions for the aircraft while the aircraft is doing a thing mentioned in subregulation (2).

Note:          This regulation does not apply to the operation of an aircraft if regulation 138.375 applies to the operation: see regulation 91.035.

             (2)  The things are the following:

                     (a)  taxiing;

                     (b)  taking off;

                     (c)  landing.

             (3)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the pilot in command has reason to believe it is necessary, for the safety of passengers, that a passenger’s seatbelt or shoulder harness is fastened; and

                     (b)  the pilot in command does not direct the passenger to fasten the passenger’s seatbelt or shoulder harness.

             (4)  For subregulations (1) and (3), a direction that seatbelts or shoulder harnesses are to be fastened may be given by the operation of an illuminated sign.

             (5)  A direction mentioned in paragraph (1)(a) does not apply to a person occupying a seat (or berth) on an aircraft if:

                     (a)  the person’s health may suffer a detriment by being restrained by a seatbelt; and

                     (b)  the pilot in command agrees that the person is otherwise safely restrained.

             (6)  A direction mentioned in paragraph (1)(b) does not apply to a person occupying a seat (or berth) on an aircraft if:

                     (a)  the person is ill or incapacitated; and

                     (b)  the pilot in command agrees to the passenger not adjusting their seat (or berth); and

                     (c)  the person is otherwise safely restrained and will not affect the safety of other passengers.

             (7)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (3).

Penalty:  50 penalty units.

Note:          A defendant bears an evidential burden in relation to the matters in subregulations (5) and (6): see subsection 13.3(3) of the Criminal Code.

91.575  Passengers—compliance with safety directions

             (1)  A passenger on an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  a direction mentioned in regulation 91.570 is given to the passenger; and

                     (b)  the person does not comply with the direction.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.580  Passengers—compliance with safety instructions by cabin crew

             (1)  A cabin crew member of an aircraft may, during a flight, give an instruction to a passenger:

                     (a)  relating to the safety of the aircraft; or

                     (b)  relating to the safety of a person on the aircraft.

             (2)  A passenger on the aircraft contravenes this subregulation if:

                     (a)  a cabin crew member gives a passenger an instruction under subregulation (1); and

                     (b)  the passenger does not comply with the instruction.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.585  Restraint and stowage of cargo

             (1)  This regulation does not apply in relation to the following kinds of cargo on an aircraft:

                     (a)  an assistance animal carried in a passenger cabin;

                     (b)  carry‑on baggage;

                     (c)  equipment that is required or permitted under these Regulations to be carried on the aircraft without being restrained or stowed;

                     (d)  cargo to be dropped from the aircraft during a dropping operation.

             (2)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if cargo carried on the flight is not:

                     (a)  restrained using equipment that is approved under regulation 21.305 or 21.305A; or

                     (b)  securely stowed in a place designed and approved for that purpose under Part 21; or

                     (c)  for equipment of a foreign registered aircraft operating in Australian territory—restrained or stowed in accordance with any requirements under the law of the aircraft’s State of registry or the State of the operator.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.590  Restraint and stowage of carry‑on baggage

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  either:

                              (i)  the aircraft is taking off or landing; or

                             (ii)  the pilot in command has directed that carry‑on baggage be securely stowed; and

                     (b)  an item of carry‑on baggage is not:

                              (i)  securely stowed in a place designed and approved under Part 21 (or in the case of a foreign aircraft, under the law of the aircraft’s State of registry or the State of the operator) for that purpose; or

                             (ii)  otherwise safely restrained.

Note:          This regulation does not apply to the operation of an aircraft if regulation 121.265 applies to the operation: see regulation 91.035.

             (2)  A person commits an offence if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.595  Restraint and stowage of certain aircraft equipment

             (1)  The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  either:

                              (i)  the aircraft is taking off or landing; or

                             (ii)  the pilot in command has directed that passenger service equipment or galley equipment be restrained or securely stowed; and

                     (b)  the passenger service equipment or galley equipment is not restrained or securely stowed in a place intended for the purpose.

Note:          This regulation does not apply to the operation of an aircraft if regulation 121.265 applies to the operation: see regulation 91.035.

             (2)  A person commits an offence if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.600  Carriage of cargo—general

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if a requirement mentioned in subregulation (2) is not met for the flight.

             (2)  The requirements are the following:

                     (a)  cargo must not be carried in a place where the cargo may damage, obstruct or cause the failure of:

                              (i)  a control, electrical wiring or a pipeline of the aircraft; or

                             (ii)  any other equipment that is essential to the safe operation of the aircraft;

                     (b)  cargo must not be carried in a place where the weight of the cargo exceeds the load limitations for the floor structure or any other load bearing components of that place, as set out:

                              (i)  in the aircraft flight manual instructions for the aircraft; or

                             (ii)  on a placard on the aircraft;

                     (c)  cargo (other than passenger service equipment or galley equipment in an aisle on a temporary basis while in use) must not obstruct an aisle;

                     (d)  either:

                              (i)  cargo must not obstruct, or restrict access to, an emergency exit; or

                             (ii)  the operator or the pilot in command must hold an approval from CASA under regulation 91.045 for cargo to be carried in a manner that obstructs, or restricts access to, the emergency exit.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.605  Carriage of cargo—cargo compartments

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  more than one flight crew member is required for the flight; and

                     (b)  cargo is carried in a cargo compartment; and

                     (c)  the design of the cargo compartment is such that if a fire were to occur during the flight, a crew member would need to enter the compartment to extinguish the fire; and

                     (d)  the cargo is not loaded in a manner to allow a crew member to reach, at any time during the flight, all parts of the compartment with the contents of a hand‑held fire extinguisher.

             (2)  A flight crew member is required for a flight if the flight crew member is one of the number of flight crew members required for the flight by:

                     (a)  the aircraft flight manual instructions for the aircraft; or

                     (b)  if a greater number is required by these Regulations—these Regulations.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.610  Carriage of cargo—unoccupied seats

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  cargo is carried on an unoccupied seat in the aircraft; and

                     (b)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the cargo must not weigh more than:

                              (i)  77 kg; or

                             (ii)  if the seat manufacturer permits a greater weight for the seat—that weight;

                     (b)  the cargo, and the means of restraint of the cargo, must not interfere with the safe operation of the aircraft.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.615  Carriage of cargo—loading instructions

             (1)  This regulation applies in relation to cargo other than cargo that:

                     (a)  is carry‑on baggage that weighs less than 9 kg and is stowed under a seat or in a place designed for that purpose; or

                     (b)  is carried on an unoccupied seat in accordance with regulation 91.610.

             (2)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if, during the flight, cargo is not carried in the aircraft in a place that has a placard bearing the instructions for the carriage of the cargo in that place.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.620  Carriage of animals

             (1)  A person contravenes this subregulation if:

                     (a)  the person brings an animal onto an aircraft for a flight; and

                     (b)  the person does not have permission from the pilot in command of the aircraft to do so.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the pilot in command of the aircraft gives permission for a person to bring an animal onto the aircraft for the flight; and

                     (b)  the pilot in command does not take reasonable steps to ensure that carriage of the animal does not have an adverse effect on the safety of air navigation.

             (3)  The operator or the pilot in command of an aircraft for a flight may refuse to carry an assistance animal (within the meaning of the Disability Discrimination Act 1992) in the aircraft for the flight if the operator or pilot in command reasonably believes that the carriage of the animal for the flight may have an adverse effect on the safety of air navigation.

             (4)  Subregulation (3) has effect despite anything in the Disability Discrimination Act 1992.

             (5)  The Part 91 Manual of Standards may prescribe requirements relating to the carriage of animals on an aircraft for a flight.

             (6)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the pilot in command is subject to a requirement mentioned in subregulation (5); and

                     (b)  the requirement is not met for the flight.

             (7)  The operator of an aircraft for a flight contravenes this subregulation if:

                     (a)  the operator is subject to a requirement mentioned in subregulation (5); and

                     (b)  the requirement is not met for the flight.

             (8)  A person commits an offence of strict liability if the person contravenes subregulation (1), (2), (6) or (7).

Penalty:  50 penalty units.

Division 91.D.8Instruments, indicators, equipment and systems

91.625  Use of radio—qualifications

             (1)  A person contravenes this subregulation if:

                     (a)  the person transmits on a radio frequency published in the AIP or NOTAMs that is:

                              (i)  used by Air Traffic Services; or

                             (ii)  used for communications at a certified aerodrome, a registered aerodrome, a military aerodrome or an aerodrome prescribed as a designated non‑controlled aerodrome by the Part 91 Manual of Standards for the purposes of subparagraph 91.400(1)(a)(iv); or

                            (iii)  used in aeronautical emergencies; or

                            (iv)  of a kind prescribed by the Part 91 Manual of Standards for this subparagraph; and

                     (b)  the person is not authorised or qualified to do so:

                              (i)  for an Australian aircraft—under Part 61, 64 or 65; or

                             (ii)  for a foreign registered aircraft—under the law of the aircraft’s State of registry or the State of the operator.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.630  Use of radio—broadcasts and reports

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is fitted with, or carries, a radio; and

                     (b)  during the flight, the pilot in command does not make a broadcast or a report relating to the flight that is prescribed by the Part 91 Manual of Standards for this paragraph.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.635  Communication monitoring in controlled airspaces

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  during the flight, the aircraft is flown in controlled airspace; and

                     (b)  the pilot in command does not continuously monitor the primary communications medium used by air traffic control while flying in that airspace.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.640  Use of radio outside controlled airspaces—listening watch of radio transmissions

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is fitted with, or carries, a radio; and

                     (b)  the aircraft is flown by a pilot who is qualified, or eligible, to use the radio:

                              (i)  for an Australian aircraft—under Part 61 or 64; or

                             (ii)  for a foreign registered aircraft—under a law of the aircraft’s State of registry or the State of the operator; and

                     (c)  the aircraft is outside controlled airspace; and

                     (d)  radio transmissions are not continuously monitored by:

                              (i)  the pilot in command of the aircraft for the flight; or

                             (ii)  another pilot who occupies a pilot seat during the flight.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.645  Availability of instructions for flight data and combination recorders

             (1)  The operator of an aircraft for a flight contravenes this subregulation if, when the aircraft begins the flight:

                     (a)  the aircraft is required to be fitted with a flight data recorder or combination recorder by these Regulations; and

                     (b)  the operator does not have the instructions for the recorder available for immediate provision to the Australian Transport Safety Bureau.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.650  Flight recorders—preserving recordings of immediately reportable matters

             (1)  The operator of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is fitted with an operative flight data recorder, operative cockpit voice recorder or operative combination recorder; and

                     (b)  an immediately reportable matter occurs in relation to the aircraft; and

                     (c)  the requirement mentioned in subregulation (2) is not met.

             (2)  The requirement is that recordings from the flight data recorder, cockpit voice recorder and combination recorder related to the occurrence of the matter, and the recorders, are preserved:

                     (a)  if the Australian Transport Safety Bureau notifies the operator, within 72 hours of the matter being reported to the Australian Transport Safety Bureau under section 18 of the Transport Safety Investigation Act 2003:

                              (i)  that the operator is not required to preserve the recordings and recorders—until the time of that notification; or

                             (ii)  that the operator is required to preserve the recordings and recorders for a certain period—until the end of that period; or

                            (iii)  that the operator is required to preserve the recordings for a certain period but is not required to preserve the recorders—until the end of that period for the recordings, and until the time of that notification for the recorders; or

                     (b)  in any other case—until 72 hours after the matter is reported to the Australian Transport Safety Bureau under section 18 of the Transport Safety Investigation Act 2003.

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

                     (a)  the recordings or recorders are not preserved; and

                     (b)  the operator took reasonable steps in the circumstances to preserve the recordings or recorders.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.655  RVSM airspace

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  the aircraft is flown in RVSM airspace; and

                     (b)  the requirement mentioned in subregulation (2) is not met.

             (2)  The requirement is that either or both of the following apply:

                     (a)  the operator of the aircraft holds:

                              (i)  for an Australian aircraft—an approval under regulation 91.045; or

                             (ii)  for a foreign aircraft—an approval by the national aviation authority of the aircraft’s State of registry or of the State of the operator;

                            for the aircraft to be flown in RVSM airspace;

                     (b)  the pilot in command has been given an air traffic control clearance or an air traffic control instruction for the aircraft to be flown in the RVSM airspace.

             (3)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is in RVSM airspace; and

                     (b)  the aircraft becomes unable to operate with RVSM separation; and

                     (c)  the pilot in command does not inform air traffic control as soon as practicable after the aircraft becomes unable to operate with RVSM separation.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

             (5)  A person commits an offence if the person contravenes subregulation (3).

Penalty:  50 penalty units.

91.660  PBN flights

             (1)  The Part 91 Manual of Standards may prescribe requirements relating to the operation of an aircraft for a PBN flight.

             (2)  The pilot in command of an aircraft for a PBN flight contravenes this subregulation if:

                     (a)  the pilot is subject to a requirement mentioned in subregulation (1); and

                     (b)  the pilot does not comply with the requirement.

             (3)  The operator of an aircraft for a PBN flight contravenes this subregulation if:

                     (a)  the operator is subject to a requirement mentioned in subregulation (1); and

                     (b)  the operator does not comply with the requirement.

             (4)  The pilot in command of an aircraft for a PBN flight contravenes this subregulation if:

                     (a)  the flight, or any part of the flight, is conducted using one of the following PBN navigation specifications:

                              (i)  RNP AR;

                             (ii)  RNP 0.3;

                            (iii)  NAT‑HLA; and

                     (b)  neither the operator of the aircraft for the flight nor the pilot in command holds an approval under regulation 91.045 to conduct the flight or part of the flight using that specification.

             (5)  A person commits an offence of strict liability if the person contravenes subregulation (2), (3) or (4).

Penalty:  50 penalty units.

             (6)  In this regulation:

NAT‑HLA has the meaning given by the Part 91 Manual of Standards.

PBN flight has the meaning given by the Part 91 Manual of Standards.

PBN navigation specification has the meaning given by the Part 91 Manual of Standards.

RNP 0.3 has the meaning given by the Part 91 Manual of Standards.

RNP AR has the meaning given by the Part 91 Manual of Standards.

Division 91.D.9Miscellaneous

Note:       This Division is reserved for future use.

Division 91.D.10Signals, emergencies and hazards

91.670  Standard visual signals

             (1)  A person contravenes this subregulation if:

                     (a)  the person displays a signal to an aircraft for the purposes of marshalling the aircraft; and

                     (b)  the signal is not a standard visual signal.

             (2)  A person contravenes this subregulation if:

                     (a)  the person displays a standard visual signal to an aircraft; and

                     (b)  the safety of the aircraft, or of any person or property, is likely to be endangered as a result of the display of the signal.

             (3)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  a standard visual signal is displayed to the aircraft during the flight; and

                     (b)  the pilot in command does not comply with the signal.

             (4)  Subregulation (3) does not apply if the pilot in command reasonably believes that compliance with the signal is likely to endanger the safety of the aircraft or of any person or property.

             (5)  A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).

Penalty:  50 penalty units.

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

91.675  Pilot in command to report hazards to air navigation

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the pilot in command becomes aware that a hazard to air navigation exists; and

                     (b)  information about the hazard is not published in the authorised aeronautical information for the flight; and

                     (c)  the pilot in command does not, as soon as circumstances permit, report the hazard to:

                              (i)  Air Traffic Services; and

                             (ii)  if the hazard is on an aerodrome—the operator of the aerodrome.

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

                     (a)  the pilot believes that the hazard has previously been reported as required by subregulation (1); and

                     (b)  the belief is reasonable in the circumstances.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.680  Pilot in command to report emergencies

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  an emergency occurs that threatens the safety of the aircraft or the persons on the aircraft; and

                     (b)  the aircraft is fitted with, or carries, a means for the pilot in command to communicate with Air Traffic Services; and

                     (c)  it is practicable to inform Air Traffic Services of the emergency; and

                     (d)  the pilot does not inform Air Traffic Services, at the time that it is practicable to do so, of:

                              (i)  the emergency; and

                             (ii)  if the aircraft is carrying dangerous goods—the nature and state of the goods.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.685  Multi‑engine aircraft—pilot in command to land at nearest suitable aerodrome if emergency occurs

             (1)  The pilot in command of a multi‑engine aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  an emergency occurs that threatens the safety of the aircraft or the persons on the aircraft; and

                     (b)  the pilot does not land at the aerodrome that is, in the circumstances, the nearest suitable aerodrome for the aircraft to land at.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.690  Pilot in command to report contraventions relating to emergencies

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  during the flight, an emergency occurs that threatens the safety of the aircraft or the persons on the aircraft; and

                     (b)  the emergency requires the pilot flying the aircraft to take action that involves a contravention of a provision of these Regulations; and

                     (c)  neither the operator nor the pilot in command give CASA written notice, in the approved form, of the contravention and the circumstances of the contravention, within 2 business days after the day the emergency occurs.

             (2)  The pilot in command is not excused from giving notice under subregulation (1) on the ground that the giving of the notice, or the information in the notice, might tend to incriminate the pilot in command or expose the pilot in command to a penalty.

             (3)  The following are not admissible in evidence against the pilot in command in criminal proceedings other than proceedings for an offence against subsection 136.1(1) or (4), 137.1(1) or 137.2(1) of the Criminal Code:

                     (a)  the information in the notice;

                     (b)  any information, document or thing obtained as a direct or indirect consequence of giving the notice.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.695  Interception of aircraft

             (1)  The Part 91 Manual of Standards may prescribe requirements to be met if an aircraft is intercepted by another aircraft during a flight.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  the aircraft is intercepted by another aircraft during the flight; and

                     (b)  a requirement mentioned in subregulation (1) is not met for the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.700  Aviation distress signals

             (1)  A person on an aircraft for a flight contravenes this subregulation if:

                     (a)  the person has made an aviation distress signal; and

                     (b)  the reason for making the signal no longer exists; and

                     (c)  the state of the aircraft’s radio and the location of the aircraft are such that the signal is able to be cancelled; and

                     (d)  the person does not cancel the signal as soon as circumstances permit.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  25 penalty units.

91.705  Flight in icing conditions—adherence of frost, ice or snow

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft begins the flight, frost, ice or snow is adhering to any of the aircraft’s wings, flaps, control surfaces, rotors, propellers, horizontal stabilisers or vertical stabilisers.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft begins a flight:

                     (a)  the aircraft has frost, ice or snow adhering to the top of the aircraft’s fuselage; and

                     (b)  either:

                              (i)  the aircraft has rear‑mounted engines; or

                             (ii)  the adherence of the frost, ice or snow to the top of the aircraft’s fuselage is a hazard to the safe operation of the aircraft for the flight.

             (3)  Subregulation (1) or (2) does not apply if the take‑off for the flight is conducted in accordance with the aircraft flight manual instructions for the aircraft that relate to taking off under the conditions mentioned in that subregulation.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

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

91.710  Flight in icing conditions—requirements for flight

             (1)  This regulation applies to a flight of an aircraft if:

                     (a)  when the flight begins, icing conditions are known or suspected for the flight path along which the aircraft will be flown; or

                     (b)  both:

                              (i)  during the flight, the aircraft flies into icing conditions; and

                             (ii)  the pilot in command does not, as soon as practicable, change the aircraft’s flight path to try and avoid the icing conditions.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight began, the aircraft was not type certificated as complying with the airworthiness standards relating to flight in icing conditions.

             (3)  A person commits an offence if the person contravenes subregulation (2).

Penalty:  50 penalty units.

Division 91.D.11Causing or simulating failures etc.

Subdivision 91.D.11.1Causing or simulating instrument failure etc.

91.715  Causing or simulating failure of flight instruments

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  the failure of an instrument of any of the following kinds is caused or simulated:

                              (i)  an attitude indicator;

                             (ii)  a gyrocompass or an equivalent instrument;

                            (iii)  an airspeed indicator;

                            (iv)  an altimeter; and

                     (b)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the flight must be conducted for the purpose of pilot training, checking or testing;

                     (b)  only crew members that are required for the training, checking or testing are carried on the flight;

                     (c)  a person who is authorised to pilot the aircraft under Part 61 (or in the case of a foreign aircraft, under the law of the aircraft’s State of registry or the State of the operator):

                              (i)  must occupy a pilot seat fitted with a fully functioning set of flight controls; and

                             (ii)  if the flight is in IMC or at night—must have a clear view of an operative instrument of the same kind as the instrument subjected to failure or simulated failure.

             (3)  Subregulation (1) does not apply if the pilot in command is carrying out:

                     (a)  a maintenance test flight; or

                     (b)  a procedure to diagnose or isolate a failure of an instrument or system.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.720  Simulating IMC flying

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  during the flight, IMC are simulated; and

                     (b)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  a pilot (the safety pilot) must:

                              (i)  occupy a pilot seat fitted with fully functioning flight controls; and

                             (ii)  have adequate vision forward and to each side of the aircraft;

                     (b)  a pilot (the second pilot) flying the aircraft under simulated IMC must occupy a pilot seat fitted with fully functioning flight controls;

                     (c)  the safety pilot must be authorised or qualified to pilot the aircraft:

                              (i)  for an Australian aircraft—under Part 61; or

                             (ii)  for a foreign registered aircraft—under the law of the aircraft’s State of registry or the State of the operator.

Note:          If the flight manual for an aircraft requires that it be flown by 2 pilots, Part 61 requires both pilots to have a type rating for the aircraft.

             (3)  A person commits an offence if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.725  Training flight limitations etc.

             (1)  In this regulation:

permitted person, in relation to an aircraft, means:

                     (a)  a person who is carried on the aircraft for the purpose of:

                              (i)  giving or receiving flying training or flight engineer training; or

                             (ii)  practising for the grant of a flight crew licence, rating or endorsement; or

                            (iii)  being assessed for the grant of a flight crew licence, rating or endorsement; or

                     (b)  a person authorised by the operator of the aircraft to conduct an audit of the operation involved, or to supervise it; or

                     (c)  an authorised officer carrying out an examination, inspection or test of the work of the aircraft’s crew under these Regulations.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  a person other than a permitted person is carried on the aircraft; and

                     (b)  the pilot in command permits any of the following:

                              (i)  flight training for a flight crew member who does not hold a class rating or type rating for the aircraft;

                             (ii)  the simulation (other than verbally) of an emergency or abnormal situation that may affect the handling characteristics of the aircraft;

                            (iii)  training below 500 ft AGL (other than training for take‑off and landing);

                            (iv)  training mentioned in Part 61 for a low‑level rating, an aerial application rating, an aerobatic endorsement or a spinning endorsement, or training for an equivalent qualification under a law of a foreign country.

             (3)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

                     (a)  a person other than the following is carried on the aircraft:

                              (i)  a permitted person;

                             (ii)  a member of the aircraft’s maintenance personnel who is required, as part of the member’s duties, to be on the aircraft; and

                     (b)  the pilot in command permits a test of the aircraft, or any of its instruments, indicators, items of equipment or systems (other than a test of the aircraft during the course of checks associated with the normal operation of the aircraft).

             (4)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  for a flight for which the activity mentioned in subparagraph (2)(b)(i) is permitted—more than 4 permitted persons, including the pilot, are on the aircraft; or

                     (b)  for a flight for which the activity mentioned in subparagraph (2)(b)(ii) or (iv) is permitted—more than 3 permitted persons, including the pilot, are on the aircraft.

             (5)  A person commits an offence of strict liability if the person contravenes subregulation (2), (3) or (4).

Penalty:  50 penalty units.

Subdivision 91.D.11.2Causing or simulating engine failure etc. for aeroplanes

91.730  Aeroplane flights in IMC or at night—engine not to be shut down

             (1)  The pilot in command of an aeroplane for a flight contravenes this subregulation if:

                     (a)  the flight is in IMC or at night; and

                     (b)  an engine of the aeroplane is shut down during the flight.

             (2)  A person commits an offence if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.735  Single‑engine aeroplane—VFR flights by day—engine not to be shut down

             (1)  The pilot in command of a single‑engine aeroplane for a flight contravenes this subregulation if:

                     (a)  the flight is a VFR flight by day; and

                     (b)  the engine of the aeroplane is shut down during the flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the flight must be conducted for the purpose of pilot training, checking or testing;

                     (b)  only flight crew members are carried on the flight;

                     (c)  the pilot in command must hold a flight instructor rating, flight examiner rating or other authorisation under these Regulations that authorises the activity of shutting down an engine;

                     (d)  while the engine is shut down, the aeroplane must remain within gliding distance of a safe forced landing area.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.740  Single‑engine aeroplane—simulating engine failure in IMC or at night

             (1)  The pilot in command of a single‑engine aeroplane for a flight contravenes this subregulation if:

                     (a)  the flight is:

                              (i)  in IMC; or

                             (ii)  at night; and

                     (b)  a failure of the aeroplane’s engine is simulated during the flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the flight must be conducted for the purpose of pilot training, checking or testing;

                     (b)  only flight crew members are carried on the flight;

                     (c)  the pilot in command must hold a flight instructor rating, flight examiner rating or other authorisation under these Regulations that authorises the activity of simulating an engine failure;

                     (d)  for a simulation at night:

                              (i)  the simulation must commence above 1,000 ft AGL; and

                             (ii)  while the engine failure is being simulated, the aeroplane must remain within gliding distance of a lighted runway available for landing;

                     (e)  for a simulation in IMC:

                              (i)  the simulation must commence above the lowest safe altitude for the route or route segment of the flight; and

                             (ii)  VMC conditions must exist below that altitude.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.745  Multi‑engine aeroplane—simulating engine failure—general

             (1)  The pilot in command of a multi‑engine aeroplane for a flight contravenes this subregulation if, during the flight:

                     (a)  an engine failure is simulated; and

                     (b)  the requirement mentioned in subregulation (2) is not met.

             (2)  The requirement is that one of the following must apply to the aeroplane:

                     (a)  the aeroplane must be type certificated to carry not more than 9 passengers, or must have a maximum take‑off weight of not more than 8,618 kg;

                     (b)  for an aeroplane that is type certificated to carry more than 9 passengers but not more than 19 passengers:

                              (i)  there must be no flight simulator for the type of aeroplane in Australia; or

                             (ii)  if subparagraph (i) does not apply—the operator must hold an approval from CASA under regulation 91.045 to simulate the failure of the engine;

                     (c)  for an aircraft that is type certificated to carry more than 19 passengers:

                              (i)  there must be no flight simulator for the type of aeroplane in Australia; and

                             (ii)  there must be no flight simulator approved by a recognised national aviation authority in a foreign country for the type of aeroplane; and

                            (iii)  if subparagraphs (i) and (ii) do not apply—the operator must hold an approval from CASA under regulation 91.045 to simulate the failure of the engine;

                     (d)  the aeroplane must be conducting a flight of the following kind in accordance with the requirements in Subpart 91.T for the kind of flight:

                              (i)  a test flight of a provisionally certificated aircraft;

                             (ii)  if a special flight permit allows the aeroplane to simulate a failure of the engine—a flight under the special flight permit;

                            (iii)  if an experimental certificate allows the aeroplane to simulate a failure of the engine—a flight under the experimental certificate.

             (3)  An application for an approval mentioned in subparagraph (2)(b)(ii) or (2)(c)(iii) must include a safety risk management plan.

             (4)  A person commits an offence if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.750  Multi‑engine aeroplane—simulating engine failures in IMC or at night

             (1)  The pilot in command of a multi‑engine aeroplane for a flight contravenes this subregulation if:

                     (a)  the flight is:

                              (i)  in IMC; or

                             (ii)  at night; and

                     (b)  a failure of one of the aeroplane’s engines is simulated during the flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the pilot in command must hold a flight instructor rating, flight examiner rating or other authorisation under these Regulations that authorises the activity of simulating an engine failure;

                     (b)  the flight must be conducted for the purpose of pilot training, checking or testing;

                     (c)  only flight crew members are carried on the flight;

                     (d)  the pilot in command must brief the pilot under instruction before the simulation and must supervise the simulation;

                     (e)  for an aeroplane flown in IMC that is not conducting an approach to land mentioned in paragraph (f)—the aeroplane must be at or above the minimum height mentioned in subregulation 91.305(2);

                      (f)  for an aeroplane conducting an asymmetric instrument approach and missed approach:

                              (i)  the simulation must be initiated above the initial approach altitude; and

                             (ii)  the flight must be conducted with visual reference to the terrain when below a height of 1,000 ft above the relevant minima according to the aeronautical chart in use for the approach;

                     (g)  for an aeroplane flown at night in VMC—the aeroplane must be flown:

                              (i)  if the aeroplane is not conducting an approach to land or within the circling area of an aerodrome—above the minimum height mentioned in subregulation 91.305(2) or 91.310(2) (as the case requires); or

                             (ii)  if the aeroplane is conducting an approach to land and is not within the circling area of an aerodrome—in accordance with an authorised instrument approach procedure; or

                            (iii)  within the circling area of an aerodrome (as determined in accordance with the method specified in the authorised aeronautical information for the flight for determining the circling area for the aerodrome);

                     (h)  for an aeroplane flown at night in VMC—the simulation must be initiated at or above circuit height and not below 1,000 ft AGL;

                      (i)  the simulation must be carried out in accordance with procedures specified in:

                              (i)  the aircraft flight manual instructions for the aeroplane (if any); or

                             (ii)  if procedures are not specified in the aircraft flight manual instructions for the aeroplane, and the operator of the aeroplane is required to have an exposition by these Regulations—the exposition; or

                            (iii)  if procedures are not specified in the aircraft flight manual instructions for the aeroplane, and the operator of the aeroplane is not required to have an exposition by these Regulations—the operator’s operations manual.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Subdivision 91.D.11.3Causing or simulating engine failure etc. for rotorcraft

91.755  Single‑engine rotorcraftengine not to be shut down

             (1)  The pilot in command of a single‑engine rotorcraft for a flight contravenes this subregulation if, during the flight, the engine is shut down.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.760  Single‑engine rotorcraftengine failure not to be simulated and autorotation of main rotor system not to be initiated in IMC

             (1)  The pilot in command of a single‑engine rotorcraft for a flight in IMC contravenes this subregulation if:

                     (a)  a failure of the rotorcraft’s engine is simulated during the flight; or

                     (b)  an autorotation of the rotorcraft’s main rotor system is initiated.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.765  Single‑engine rotorcraftsimulating engine failure or initiating autorotation of main rotor system at night

             (1)  The pilot in command of a single‑engine rotorcraft for a flight contravenes this subregulation if:

                     (a)  the flight is at night; and

                     (b)  during the flight, a failure of the rotorcraft’s engine is simulated or an autorotation of the rotorcraft’s main rotor system is initiated; and

                     (c)  the rotorcraft is not:

                              (i)  taxiing or hovering below the hover height for the surface specified in the aircraft flight manual instructions for the rotorcraft; or

                             (ii)  at a height at or above 1,000 ft AGL; and

                     (d)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the pilot in command must hold a flight instructor rating, flight examiner rating or other authorisation under these Regulations that authorises the activity of simulating an engine failure or initiating an autorotation of the main rotor system (as the case requires);

                     (b)  the flight must be carried out for the purpose of pilot training, checking or testing;

                     (c)  only flight crew members are carried on the flight;

                     (d)  the pilot in command must brief the pilot under instruction before the simulation or autorotation and must supervise the simulation or autorotation;

                     (e)  the simulation or autorotation must be carried out in VMC; and

                      (f)  power termination of the autorotation must be initiated so that full power is available before the rotorcraft goes below 100 ft AGL;

                     (g)  the autorotation must be terminated using a power recovery termination or a baulked approach and climb out;

                     (h)  the simulation or autorotation must be conducted at an aerodrome with omnidirectional runway lighting.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.770  Multi‑engine rotorcraft—engine not to be shut down at certain altitudes in IMC or at night

             (1)  The pilot in command of a multi‑engine rotorcraft for a flight contravenes this subregulation if:

                     (a)  the flight is:

                              (i)  in IMC; or

                             (ii)  at night; and

                     (b)  an engine of the rotorcraft is shut down during the flight; and

                     (c)  the rotorcraft is not at or above the lowest safe altitude for a route or route segment for the flight.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.775  Multi‑engine rotorcraft—simulating engine failure in IMC or at night

             (1)  The pilot in command of a multi‑engine rotorcraft for a flight contravenes this subregulation if:

                     (a)  the flight is:

                              (i)  in IMC; or

                             (ii)  at night; and

                     (b)  a failure of one of the rotorcraft’s engines is simulated during the flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met.

             (2)  The requirements are the following:

                     (a)  the pilot in command must hold a flight instructor rating, flight examiner rating or other authorisation under these Regulations that authorises the activity of simulating an engine failure in a multi‑engine rotorcraft;

                     (b)  the flight must be for the purpose of pilot training, checking or testing;

                     (c)  only flight crew members are carried on the flight;

                     (d)  the pilot in command must brief the pilot under instruction before the simulation and must supervise the simulation;

                     (e)  for a rotorcraft flown in IMC—the rotorcraft must be established at or above the lowest safe altitude for a route or route segment for the flight;

                      (f)  for a rotorcraft flown at night in VMC:

                              (i)  the rotorcraft must be flown within the circling area of an aerodrome (as determined in accordance with the method specified in the authorised aeronautical information for the flight determining the circling area for the aerodrome); and

                             (ii)  in the climb during take‑off, the simulation must be initiated before the take‑off decision point, or above 500 ft AGL; and

                            (iii)  after the climb during take‑off, the simulation must be initiated at or above 1,000 ft AGL;

                     (g)  the simulation must be carried out in accordance with:

                              (i)  procedures specified in the aircraft flight manual instructions for the rotorcraft (if any); or

                             (ii)  if procedures are not specified in the aircraft flight manual instructions for the rotorcraft, and the operator of the rotorcraft is required by these Regulations to have an exposition—the exposition; or

                            (iii)  if procedures are not specified in the aircraft flight manual instructions for the rotorcraft, and the operator of the rotorcraft is not required by these Regulations to have an exposition—the operator’s operations manual.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Division 91.D.12Psychoactive substances

91.780  Passengers—alcohol

             (1)  A passenger on an aircraft for a flight contravenes this subregulation if:

                     (a)  the passenger consumes alcohol; and

                     (b)  either:

                              (i)  a crew member has not provided the alcohol to the passenger; or

                             (ii)  if there is no crew member other than the pilot in command on the aircraft—the pilot in command has not permitted the passenger to consume the alcohol.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.785  Crew—provision of alcohol

             (1)  A crew member of an aircraft for a flight contravenes this subregulation if:

                     (a)  the crew member provides alcohol to a passenger on the aircraft; and

                     (b)  there are reasonable grounds to believe the passenger is affected by one or more psychoactive substances to an extent that the passenger’s behaviour may present a hazard to the aircraft or to a person on the aircraft.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.790  Prohibiting person affected by psychoactive substances from boarding

                   The operator, or a crew member, of an aircraft for a flight may prohibit a person from boarding the aircraft if there are reasonable grounds to believe that the person is affected by a psychoactive substance to an extent that may present a hazard to the aircraft or to a person on the aircraft.

Subpart 91.FPerformance

Note:       This Subpart does not apply to the operation of an aircraft if Subpart 121.F, 133.F, 135.F or 138.F applies to the operation: see regulation 91.035.

  

91.795  Take‑off weights

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if the aircraft’s take‑off weight for the flight is greater than:

                     (a)  the maximum take‑off weight for the aircraft; or

                     (b)  if circumstances prescribed under paragraph (2)(a) apply—the weight for the aircraft for the flight determined in accordance with the method prescribed under paragraph (2)(b).

             (2)  The Part 91 Manual of Standards may prescribe:

                     (a)  the circumstances in which a weight for an aircraft for a flight must be determined under this subregulation; and

                     (b)  methods for determining that weight.

             (3)  Subregulation (1) does not apply if the aircraft is being operated in accordance with a special flight permit.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

91.800  Landing weights

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if the aircraft’s landing weight for the flight is greater than:

                     (a)  the maximum landing weight for the aircraft; or

                     (b)  if circumstances prescribed under paragraph (2)(a) apply—the weight for the aircraft for the flight determined in accordance with the method prescribed under paragraph (2)(b).

             (2)  The Part 91 Manual of Standards may prescribe:

                     (a)  the circumstances in which a weight for an aircraft for a flight must be determined under this subregulation; and

                     (b)  methods for determining that weight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Subpart 91.JWeight and balance

Note:       This Subpart does not apply to the operation of an aircraft if Subpart 121.J, 133.J, 135.J or 138.J applies to the operation: see regulation 91.035.

  

91.805  Loading of aircraft

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight begins the aircraft is loaded in a way that contravenes the aircraft’s weight and balance limits.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, the aircraft ceases to be operated in accordance with the aircraft’s weight and balance limits.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

Subpart 91.KInstruments, indicators, equipment and systems

Note:       This Subpart does not apply to the operation of an aircraft if Subpart 121.K, 133.K, 135.K or 138.K applies to the operation: see regulation 91.035.

  

91.810  Instruments, indicators, equipment and systems—requirements

             (1)  The Part 91 Manual of Standards may prescribe the following:

                     (a)  instruments, indicators, items of equipment or systems that must be fitted to, or carried on, an aircraft in circumstances prescribed by the Part 91 Manual of Standards;

                     (b)  instruments, indicators, items of equipment or systems that must not be fitted to, or carried on, an aircraft in circumstances prescribed by the Part 91 Manual of Standards;

                     (c)  requirements in relation to an instrument, indicator, item of equipment or system that is fitted to, or carried on, an aircraft in circumstances prescribed by the Part 91 Manual of Standards (whether or not the instrument, indicator, item of equipment or system is required by these Regulations to be fitted to, or carried on, the aircraft).

             (2)  The operator and pilot in command of an aircraft for a flight each contravene this subregulation if, when the flight begins:

                     (a)  an instrument, indicator, item of equipment or system required to be fitted to, or carried on, the aircraft under paragraph (1)(a), is not fitted to, or carried on, the aircraft (as the case requires); or

                     (b)  an instrument, indicator, item of equipment or system that must not be fitted to, or carried on, the aircraft under paragraph (1)(b), is fitted to, or carried on, the aircraft (as the case requires).

             (3)  A crew member of an aircraft for a flight contravenes this subregulation if:

                     (a)  the crew member is subject to a requirement mentioned in paragraph (1)(c); and

                     (b)  the requirement is not met for the flight.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).

Penalty:  50 penalty units.

91.815  When aircraft may be flown with inoperative instruments, indicators, equipment or systems

                   If an instrument, indicator, item of equipment or system is required under regulation 91.810 to be fitted to, or carried on, an aircraft for a flight, the aircraft may begin the flight with the instrument, indicator, item of equipment or system inoperative if circumstances prescribed by the Part 91 Manual of Standards for the purposes of this regulation apply to the flight.

Subpart 91.PCabin crew

Note:       This Subpart does not apply to the operation of an aircraft if Subpart 121.P, 133.P or 135.P applies to the operation: see regulation 91.035.

  

91.820  Cabin crew—when required

             (1)  Subject to subregulations (2) and (3), a cabin crew member must be carried on a flight of an aircraft if 20 or more passengers are carried on the flight.

             (2)  Subregulation (1) does not apply if the flight involves a parachuting activity to which Part 105 applies.

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

                     (a)  the flight crew for the flight includes at least 2 pilots; and

                     (b)  no more than 22 passengers are carried on the flight; and

                     (c)  no more than 19 of the passengers are adults or children.

91.825  Cabin crew—number

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  under regulation 91.820, a cabin crew member must be carried on the flight; and

                     (b)  when the aircraft begins the flight, the number of cabin crew members for the flight is not at least equal to the sum of one cabin crew member for each 50, or part of 50, passengers carried on the flight.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.830  Cabin crew—knowledge of emergency and safety equipment and procedures

             (1)  This regulation applies in relation to a flight of an aircraft if, under regulation 91.820, a cabin crew member must be carried on the flight.

             (2)  The operator, a cabin crew member, and the pilot in command, of an aircraft for a flight each contravene this subregulation if:

                     (a)  the cabin crew member is not competent to:

                              (i)  operate and use emergency and safety equipment on the aircraft that is relevant to the cabin crew member’s duties; and

                             (ii)  implement emergency evacuation procedures for the aircraft; and

                     (b)  the cabin crew member begins to carry out cabin crew member duties for the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

Subpart 91.TOperations under certain special certificates of airworthiness and special flight permits

Division 91.T.1Preliminary

91.835  Aircraft with more than one certificate of airworthiness—application of Subpart 91.T

                   If a certificate of airworthiness in more than one category has been issued for an aircraft, this Subpart applies in relation to the operation of the aircraft only for the category in relation to which the aircraft is being operated.

Division 91.T.2Restricted category aircraft—operating requirements

91.840  Restricted category aircraft—general operating requirements

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  a special certificate of airworthiness in the restricted category has been issued for the aircraft; and

                     (b)  the aircraft begins a flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met for the flight.

             (2)  The requirements are as follows:

                     (a)  the certificate of airworthiness must be in force;

                     (b)  if the certificate of airworthiness is granted subject to a condition or requirement—the condition or requirement must be complied with;

                     (c)  the flight must not be an air transport operation;

                     (d)  the flight must be an operation of a kind mentioned in regulation 91.845;

                     (e)  a person may only be carried on the flight who is:

                              (i)  a crew member; or

                             (ii)  if the flight is a special purpose operation—a person who is needed to accomplish a work activity directly associated with the special purpose operation for which the certificate of airworthiness was issued; or

                            (iii)  a person carried as part of an operation mentioned in paragraph 91.845(1)(j).

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.845  Restricted category aircraft—kinds of operations permitted

             (1)  For the purposes of paragraph 91.840(2)(d), the kinds of operation are as follows:

                     (a)  a special purpose operation for which the special certificate of airworthiness for the aircraft was issued;

                     (b)  participation in an air display;

                     (c)  taking the aircraft to or from a place where a demonstration or display of the aircraft is to take place;

                     (d)  practice in flying the aircraft for participation in an air display;

                     (e)  taking the aircraft to a place where maintenance on the aircraft is to be done;

                      (f)  taking the aircraft from a place where maintenance on the aircraft has been done;

                     (g)  testing the aircraft after maintenance;

                     (h)  flying training (other than for the issue of a pilot licence);

                      (i)  pilot proficiency training or practice in flying the aircraft;

                      (j)  carrying out a demonstration or test of the aircraft for sale;

                     (k)  delivering the aircraft to a person under a contract of sale.

             (2)  For the purposes of paragraph (1)(a), a reference to a special purpose operation for which the special certificate of airworthiness for the aircraft was issued includes a reference to the following:

                     (a)  training in the special purpose operation;

                     (b)  taking the aircraft to a place where the special purpose operation is to start;

                     (c)  taking the aircraft from a place where the special purpose operation has ended;

                     (d)  any other operation necessary to accomplish the special purpose operation.

Division 91.T.3Provisionally certificated aircraft—operating requirements

91.850  Provisionally certificated aircraft—operating requirements

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  a provisional certificate of airworthiness has been issued for the aircraft; and

                     (b)  the aircraft begins a flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met for the flight.

             (2)  The requirements are as follows:

                     (a)  the certificate of airworthiness must be in force;

                     (b)  if the certificate of airworthiness is granted subject to a condition or requirement—the condition or requirement for the flight must be complied with;

                     (c)  the flight must not be an air transport operation;

                     (d)  the flight must be an operation of a kind mentioned in regulation 91.855;

                     (e)  if the aircraft is being flown to obtain type certification or supplemental type certification for the aircraft—the requirements in regulation 91.860 are met;

                      (f)  if paragraph (e) does not apply to the flight—the aircraft must be flown within the limitations stated in the aircraft flight manual instructions for the aircraft;

                     (g)  the requirements for the carriage of people mentioned in regulation 91.865 must be complied with;

                     (h)  the pilot must comply with the procedures mentioned in subregulation 91.870(1).

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.855  Provisionally certificated aircraft—kinds of operations permitted

                   For the purposes of paragraph 91.850(2)(d), the kinds of operation are as follows:

                     (a)  an operation that is required to obtain type certification or supplemental type certification for the aircraft;

                     (b)  training flight crew members, including by means of simulated air transport operations;

                     (c)  a demonstration flight by the aircraft’s manufacturer for prospective purchasers;

                     (d)  an operation by the aircraft’s manufacturer for the purpose of conducting a market survey;

                     (e)  an operation conducted for the purpose of flight checking of instruments, accessories, and items of equipment that do not affect the airworthiness of the aircraft;

                      (f)  service testing of the aircraft.

91.860  Provisionally certificated aircraft—operation for type certification or supplemental type certification

             (1)  For the purposes of paragraph 91.850(2)(e), the requirements are as follows:

                     (a)  if the aircraft’s provisional certificate of airworthiness is subject to a condition limiting the area within which the aircraft may be flown—the flight must not take place outside, or partly outside, that area unless the holder of the provisional certificate of airworthiness for the aircraft holds an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;

                     (b)  if the flight is over a populous area—the holder of the provisional certificate of airworthiness for the aircraft must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;

                     (c)  either:

                              (i)  the flight must take place by day and under the VFR; or

                             (ii)  the holder of the provisional certificate of airworthiness for the aircraft must hold an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph.

             (2)  It is a requirement for a grant of an approval mentioned in paragraphs (1)(a) and (b) that CASA or an authorised person is satisfied that the aircraft:

                     (a)  is controllable throughout its normal range of speeds and throughout all of the manoeuvres to be executed; and

                     (b)  has no hazardous operating characteristics or design features.

91.865  Provisionally certificated aircraft—requirements for the carriage of people

             (1)  For the purposes of paragraph 91.850(2)(g), the requirements for the carriage of people are as follows:

                     (a)  each person carried on the aircraft must be notified before boarding the aircraft that the aircraft is provisionally certificated;

                     (b)  a person must not be carried on the aircraft unless subregulation (2) applies to the person.

             (2)  This subregulation applies to a person if:

                     (a)  the person has a function in the aircraft’s operations; or

                     (b)  both of the following apply:

                              (i)  carriage of the person is authorised by the manufacturer;

                             (ii)  the holder of the provisional certificate of airworthiness for the aircraft holds an approval under regulation 91.045 or 91.050 for the carriage of the person.

91.870  Provisionally certificated aircraft—additional requirements for operators

             (1)  The operator of a provisionally certificated aircraft must hold an approval under regulation 91.045 or 91.050 for procedures for use by flight crew and personnel who carry out a ground support duty in both:

                     (a)  operating the aircraft in accordance with this Division; and

                     (b)  landing at and taking off from an aerodrome if take‑off or approach over a populous area is necessary.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Division 91.T.4Experimental aircraft—operating requirements

91.875  Experimental aircraft—operating requirements

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  an experimental certificate has been issued for the aircraft; and

                     (b)  the aircraft begins a flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met for the flight.

             (2)  The requirements are as follows:

                     (a)  the experimental certificate must be in force;

                     (b)  if the experimental certificate is granted subject to a condition or requirement—the condition or requirement must be complied with;

                     (c)  the flight must not be an air transport operation;

                     (d)  the flight must be either:

                              (i)  for a purpose mentioned in regulation 21.191 for which the experimental certificate for the aircraft was issued; or

                             (ii)  an operation of a kind mentioned in regulation 91.880;

                     (e)  either:

                              (i)  the flight must take place by day and under the VFR; or

                             (ii)  the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph;

                      (f)  if the flight is over a populous area—the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;

                     (g)  if the flight is over a public gathering—the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;

                     (h)  if the aircraft’s experimental certificate is subject to a condition limiting the area within which the aircraft may be flown—the flight must take place within that area;

                      (i)  if the aircraft is carrying a passenger:

                              (i)  the total number of persons on board the aircraft for the flight must not be more that the number of persons allowed under regulation 91.885; and

                             (ii)  each passenger must be notified before boarding the aircraft that the design, manufacture and airworthiness of the aircraft are not required to meet any standards recognised by CASA; and

                            (iii)  a placard that complies with the requirements prescribed by the Part 91 Manual of Standards must be displayed inside the aircraft;

                      (j)  if the aircraft is carrying a person who is not a crew member whose presence is essential to the operation of the aircraft—it has been shown that the aircraft:

                              (i)  is controllable throughout its normal range of speeds and throughout all the manoeuvres to be executed; and

                             (ii)  has no hazardous operating characteristics or design features.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.880  Experimental aircraft—kinds of operations permitted

                   For the purposes of subparagraph 91.875(2)(d)(ii), the kinds of operation are as follows:

                     (a)  taking the aircraft to a place where maintenance on the aircraft is to be done;

                     (b)  taking the aircraft from a place where maintenance on the aircraft has been done;

                     (c)  testing the aircraft after maintenance;

                     (d)  flying training (other than for the issue of a pilot licence);

                     (e)  practice in flying the aircraft;

                      (f)  carrying out a demonstration or test of the aircraft for sale;

                     (g)  delivering the aircraft to a person under a contract of sale;

                     (h)  for an amateur‑built aircraft or a kit‑built aircraft—flying training given to the aircraft’s owner.

91.885  Experimental aircraft—maximum number of persons to be carried

                   For the purposes of subparagraph 91.875(2)(i)(i), the number of persons allowed on board the aircraft is:

                     (a)  if the holder of the experimental certificate for the aircraft holds an approval under regulation 91.045—the number specified in the approval; or

                     (b)  otherwise—the lesser of the following:

                              (i)  the number of persons the aircraft was designed to carry;

                             (ii)  6.

Division 91.T.5Primary category aircraft and intermediate category aircraft—operating requirements

91.890  Primary category aircraft and intermediate category aircraft—operating requirements

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  the aircraft is a primary category aircraft or an intermediate category aircraft; and

                     (b)  the aircraft begins the flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met for the flight.

             (2)  The requirements are as follows:

                     (a)  if the aircraft is an intermediate category aircraft—a special certificate of airworthiness in the intermediate category must be in force for the aircraft;

                     (b)  if the aircraft is a primary category aircraft—a special certificate of airworthiness in the primary category must be in force for the aircraft;

                     (c)  the flight must not be an air transport operation.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Division 91.T.6Light sport aircraft—operating requirements

91.895  Light sport aircraft—operators

             (1)  The operator of an aircraft for a flight contravenes this subregulation if:

                     (a)  a special certificate of airworthiness for light sport aircraft has been issued for the aircraft; and

                     (b)  the certificate of airworthiness is not in force for the flight.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

91.900  Light sport aircraft—pilots

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  a special certificate of airworthiness for light sport aircraft has been issued for the aircraft; and

                     (b)  the aircraft begins the flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met for the flight.

             (2)  The requirements are as follows:

                     (a)  the certificate of airworthiness must be in force;

                     (b)  the aircraft is operated for the flight:

                              (i)  solely under Part 91; or

                             (ii)  for flying training;

                     (c)  a placard that complies with the requirements prescribed by the Part 91 Manual of Standards must be displayed inside the aircraft;

                     (d)  each person who boards the aircraft must be notified of the contents of the placard mentioned in paragraph (c);

                     (e)  the aircraft operating instructions issued for the aircraft (including instructions for necessary equipment in the aircraft manufacturer’s equipment list for the aircraft) must be complied with;

                      (f)  any safety direction or requirement issued by the aircraft’s manufacturer must be complied with.

             (3)  Paragraph (2)(e) or (f) does not apply if the operation of the aircraft in contravention of the instruction, direction or requirement has been approved by the aircraft’s manufacturer.

             (4)  For subregulations (2) and (3), if the manufacturer of the aircraft:

                     (a)  no longer exists; or

                     (b)  can no longer provide instructions for the continuing airworthiness of the aircraft;

references to the manufacturer of the aircraft include references to a person appointed by CASA to perform the functions of the manufacturer in relation to the continuing airworthiness of the aircraft.

             (5)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

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

Division 91.T.7Special flight permits—operating requirements

91.905  Flights under special flight permits

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  a special flight permit is in force for the aircraft; and

                     (b)  the aircraft begins the flight; and

                     (c)  the flight is not authorised by the permit.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  a special flight permit is in force for the aircraft; and

                     (b)  the aircraft begins the flight; and

                     (c)  a condition imposed on the special flight permit is not complied with.

             (3)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  a special flight permit is in force for the aircraft; and

                     (b)  the aircraft begins the flight; and

                     (c)  if the only person on the aircraft during the flight is the pilot in command—a copy of the flight permit is not carried on the aircraft; and

                     (d)  if a person in addition to the pilot in command is carried on the aircraft during the flight—a requirement mentioned in subregulation (4) is not met.

             (4)  The requirements are:

                     (a)  a copy of the special flight permit must be displayed in the aircraft in a place where the person will see the permit; and

                     (b)  before boarding the aircraft, the operator or the pilot in command must tell the person:

                              (i)  that the aircraft is operated under a special flight permit; and

                             (ii)  the reasons for the issue of the permit; and

                            (iii)  what the permit authorises.

             (5)  A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).

Penalty:  50 penalty units.

Division 91.T.8Miscellaneous

91.910  Application of Division 91.T.8

                   This Division applies to the operation of an aircraft for which a special certificate of airworthiness is in force.

91.915  Aircraft with special certificates of airworthiness—maintenance release etc.

             (1)  This regulation does not apply to an aircraft for which a special flight permit is in force.

             (2)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  the aircraft begins the flight; and

                     (b)  a maintenance release or a certificate of release to service is not in force for the aircraft.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.920  Aircraft with special certificates of airworthiness—flight tests to be conducted in certain areas

             (1)  The pilot in command of an aircraft contravenes this subregulation if:

                     (a)  the pilot flight tests the aircraft; and

                     (b)  the flight test is not conducted over:

                              (i)  open water; or

                             (ii)  a sparsely populated area; or

                            (iii)  an unpopulated area; or

                            (iv)  for an amateur‑built aircraft—over an area for which the holder of the certificate of airworthiness holds an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph.

             (2)  The pilot in command of an aircraft contravenes this subregulation if:

                     (a)  the pilot flight tests the aircraft; and

                     (b)  the flight test is not conducted:

                              (i)  in an area where, in the event of a loss of control of the aircraft, there would be minimal risk to other air traffic; or

                             (ii)  for an amateur‑built aircraft—in an area for which the holder of the certificate of airworthiness holds an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

Subpart 91.YMinimum equipment lists

Division 91.Y.1Preliminary

91.925  Definitions

                   In these Regulations:

master minimum equipment list or MMEL, for a type of aircraft, means the document:

                     (a)  that includes a list of items in the aircraft that may (subject to any conditions or limitations specified in the document) be inoperative for a flight of the aircraft; and

                     (b)  prepared by the holder of the type certificate for the aircraft; and

                     (c)  approved by the national aviation authority that issued the type certificate for the aircraft.

minimum equipment list or MEL, for an aircraft, means a document:

                     (a)  that includes a list of items in the aircraft that may (subject to any conditions or limitations specified in the document) be inoperative for a flight of the aircraft; and

                     (b)  prepared by the operator of the aircraft; and

                     (c)  approved under regulation 91.935; and

                     (d)  that complies with the requirements mentioned in regulation 91.930;

and includes any variation to the document approved under regulation 91.940.

rectification interval, for an item in an MEL that may become inoperative, means the period within which the item must be rectified after the discovery that the item is inoperative.

91.930  Requirements for minimum equipment lists

             (1)  The Part 91 Manual of Standards may prescribe requirements relating to MELs for aircraft.

             (2)  Without limiting subregulation (1), the Part 91 Manual of Standards may prescribe requirements relating to the following:

                     (a)  the contents of MELs;

                     (b)  the calculation and specification of rectification intervals for items in an MEL;

                     (c)  conditions and limitations that may or must be included in an MEL.

Division 91.Y.2Approval of minimum equipment lists

91.935  Approval of minimum equipment lists

             (1)  The operator of an aircraft may apply, in writing, for the approval of an MEL for the aircraft.

             (2)  The application may be made to:

                     (a)  CASA; or

                     (b)  a continuing airworthiness management organisation that is permitted, in accordance with Part 42, to approve the MEL; or

                     (c)  if the aircraft is not operated for either Part 121 operations or operations to which Part 133 or 135 applies—an authorised person.

             (3)  The application must include the proposed MEL.

             (4)  If an application for the approval of an MEL is made under subregulation (1), CASA, the continuing airworthiness management organisation or the authorised person (as the case may be) may approve the MEL if satisfied that the MEL:

                     (a)  complies with the requirements mentioned in regulation 91.930; and

                     (b)  will enable the operator to operate the aircraft safely.

Note:          Not all aircraft are required to have an MEL. Other provisions of these Regulations require certain aircraft to have an MEL. This regulation sets out how an MEL for an aircraft must be approved.

Division 91.Y.3Variations of minimum equipment lists

91.940  Approval of variations

             (1)  The operator of an aircraft may apply, in writing, for an approval of a variation of an MEL for the aircraft.

             (2)  The application may be made to:

                     (a)  CASA; or

                     (b)  a continuing airworthiness management organisation that is permitted, in accordance with Part 42, to approve a variation of the MEL; or

                     (c)  if the aircraft is not operated for either Part 121 operations or operations to which Part 133 or 135 applies—an authorised person.

             (3)  The application must include the proposed variation of the MEL.

             (4)  If an application for the approval of a variation of an MEL is made under subregulation (1), CASA, the continuing airworthiness management organisation or the authorised person (as the case may be) may approve the variation if satisfied that the MEL as proposed to be varied:

                     (a)  complies with the requirements mentioned in regulation 91.930; and

                     (b)  will enable the operator to operate the aircraft safely.

Division 91.Y.4Extensions of rectification intervals

91.945  Approval of extensions of rectification intervals

Approval of extension on application

             (1)  The operator of an aircraft may apply, in writing, for the approval of an extension of the rectification interval for an item specified in an MEL for the aircraft.

             (2)  An application under subregulation (1) may be made to:

                     (a)  if the operator is not a continuing airworthiness management organisation, and there is a continuing airworthiness management organisation for the aircraft that is permitted, in accordance with Part 42, to approve the extension—the continuing airworthiness management organisation; or

                     (b)  in any case—CASA.

             (3)  If an application for the approval of an extension of a rectification interval is made under subregulation (1), CASA or the continuing airworthiness management organisation (as the case may be) may, subject to subregulation (5), approve the extension.

Approval of extension without application—continuing airworthiness management organisation is the operator

             (4)  A continuing airworthiness management organisation for an aircraft may, subject to subregulation (5), approve an extension of the rectification interval for an item specified in an MEL for the aircraft, if:

                     (a)  the continuing airworthiness management organisation is the operator of the aircraft; and

                     (b)  the continuing airworthiness management organisation is permitted, in accordance with Part 42, to approve the extension.

Requirements for approval of extension

             (5)  An extension of the rectification interval (the original rectification interval) for an item specified in an MEL for an aircraft must not be approved under subregulation (3) or (4) unless:

                     (a)  the item is inoperative; and

                     (b)  the original rectification interval is a rectification interval of a kind prescribed by the Part 91 Manual of Standards for the purposes of this paragraph; and

                     (c)  the operator is unable to rectify the item before the end of the original rectification interval because of circumstances beyond the operator’s control; and

                     (d)  the original rectification interval has not previously been extended in accordance with this regulation during the same continuous period throughout which the item has been inoperative; and

                     (e)  the MMEL for the aircraft type does not prohibit an extension of the rectification interval for the item; and

                      (f)  if a provision of these Regulations (other than this Subpart) permits the aircraft to operate with the item inoperative for a maximum period—the extended rectification interval for the item will not exceed that period; and

                     (g)  the extended rectification interval will not exceed the period prescribed by the Part 91 Manual of Standards for the purposes of this paragraph.

Matters to be set out in approval

             (6)  An approval of an extension under subregulation (3) or (4) must:

                     (a)  be in writing; and

                     (b)  set out the following:

                              (i)  details of the inoperative item;

                             (ii)  a statement to the effect that the operation of the aircraft with the inoperative item is permitted in accordance with this regulation;

                            (iii)  the day on which the extended rectification interval starts (being a day not earlier than the day the notice is given);

                            (iv)  the day on which the extended rectification interval ends; and

                     (c)  for an approval by a continuing airworthiness management organisation—also include the following:

                              (i)  the name and approval certificate reference number of the continuing airworthiness management organisation;

                             (ii)  the name and signature of the individual who approved the extension on behalf of the continuing airworthiness management organisation.

91.950  Effect of approval

             (1)  If an extension of the rectification interval for an item specified in an MEL for an aircraft is approved under subregulation 91.945(3) or (4), the operation of the aircraft with the inoperative item during the extended rectification interval is taken, for the purposes of these Regulations, to be permitted by the MEL.

             (2)  If Part 42 does not apply to the aircraft, subregulation (1) applies to the operation of the aircraft only if a copy of the approval of the extension is kept with the maintenance release for the aircraft throughout the period of the extension.

91.955  CASA to be notified of extensions approved by a continuing airworthiness management organisation

             (1)  This regulation applies if an extension of the rectification interval for an item specified in an MEL for an aircraft is approved under subregulation 91.945(3) or (4) by a continuing airworthiness management organisation.

             (2)  The operator of the aircraft must notify CASA, in writing, of the following within 10 days of the start of the extended rectification interval:

                     (a)  the aircraft’s registration mark;

                     (b)  details of the inoperative item;

                     (c)  the original rectification interval (as referred to in subregulation 91.945(5)) for the item;

                     (d)  the extended rectification interval;

                     (e)  the day the extended rectification interval took effect;

                      (f)  the reason why the item could not be rectified before the end of the original rectification interval.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  20 penalty units.

Division 91.Y.5Other

91.960  Operation of aircraft with multiple inoperative items not permitted in certain circumstances

             (1)  This regulation applies if:

                     (a)  an aircraft begins a flight with more than one inoperative item, in accordance with an MEL for the aircraft; and

                     (b)  the number and kinds of inoperative items for the flight, or the relationship between the items:

                              (i)  reduces the level of safety of the operation of the aircraft; or

                             (ii)  increases the flight crew’s workload;

                            to the extent that it is unsafe for the flight to be conducted.

             (2)  For the purposes of these Regulations, the operation of the aircraft for the flight with the inoperative items is not permitted by the MEL for the aircraft.

Subpart 91.ZForeign aircraft

91.965  Foreign registered aircraft—Chicago Convention

             (1)  The operator and the pilot in command of a foreign registered aircraft each contravene this subregulation if:

                     (a)  the aircraft is flown in Australian territory; and

                     (b)  the aircraft does not comply with a requirement of the Chicago Convention relating to:

                              (i)  the nationality mark and registration mark of the aircraft; or

                             (ii)  the aircraft’s certificate of airworthiness; or

                            (iii)  the number and description of, and the holding of, licences and ratings by the crew members of the aircraft; or

                            (iv)  the documents to be carried by the aircraft; or

                             (v)  the flight and manoeuvre of the aircraft; or

                            (vi)  radio equipment carried by, or fitted to, the aircraft.

             (2)  Subparagraph (1)(b)(ii) does not apply if a special flight authorisation has been granted and is in force.

Note:          The requirements of the Chicago Convention about certificates of airworthiness relate to aircraft with a standard certificate of airworthiness. Foreign aircraft with the equivalent of a special certificate of airworthiness or a special flight permit require a special flight authorisation to be flown in Australian territory: see regulation 91.970.

             (3)  Subparagraphs (1)(b)(iv), (v) and (vi) do not apply in relation to a requirement of the Chicago Convention to the extent that the requirement is inconsistent with a requirement under another provision of this Part.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Note 1:       A defendant bears an evidential burden in relation to the matters in subregulation (2) or (3): see subsection 13.3(3) of the Criminal Code.

Note 2:       See also sections 25, 26 and 27A of the Act for conditions that may be imposed by CASA on the operation of foreign registered aircraft in Australian territory.

91.970  Foreign registered aircraft—special flight authorisations

             (1)  A person may apply to CASA for a special flight authorisation in respect of a foreign registered aircraft to fly the aircraft in Australian territory without the certificate of airworthiness required by subparagraph 91.965(1)(b)(ii).

             (2)  Subject to regulation 11.055, CASA must grant the authorisation.

             (3)  The pilot in command of a foreign registered aircraft contravenes this subregulation if:

                     (a)  the aircraft is flown in Australian territory; and

                     (b)  a special flight authorisation is in force in respect of the aircraft; and

                     (c)  the pilot in command fails to comply with a condition of the special flight authorisation for the flight.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (3).

Penalty:  50 penalty units.

91.975  Foreign state aircraft—approval to fly in Australian territory

             (1)  The operator and the pilot in command of a state aircraft of a foreign country for a flight each contravene this subregulation if:

                     (a)  the aircraft is flown in Australian territory; and

                     (b)  the operator does not hold an approval under regulation 91.045 for the flight.

             (2)  The pilot in command of a state aircraft of a foreign country for a flight contravenes this subregulation if:

                     (a)  the aircraft is flown in Australian territory; and

                     (b)  the pilot in command fails to comply with a condition of the approval held by the operator under regulation 91.045 for the flight.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

91.980  Foreign registered aircraft—major defect—CASA direction

             (1)  If CASA is satisfied that a foreign registered aircraft in Australian territory has a major defect, CASA may issue a written direction to a person imposing conditions on the operation of the aircraft that:

                     (a)  for an aircraft registered in a Contracting State—are requested by the national aviation authority of the State; or

                     (b)  CASA is satisfied are necessary for the safety of air navigation.

             (2)  A person contravenes this subregulation if the person contravenes a direction issued under subregulation (1).

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.

91.985  Foreign registered aircraft—CASA to notify Contracting State of direction

                   If CASA issues a direction under regulation 91.980 in relation to an aircraft that is registered in a Contracting State, CASA must give the national aviation authority of the State:

                     (a)  notice in writing of the action taken by CASA, together with a copy of the direction; and

                     (b)  a report, in writing, of the defect.

91.990  Foreign registered aircraft—CASA may revoke direction

Revocation following notification by Contracting State

             (1)  CASA may revoke, in writing, a direction issued under regulation 91.980 in relation to an aircraft registered in a Contracting State, if the national aviation authority of the State tells CASA, in writing, that it:

                     (a)  has revoked any suspension of the certificate of airworthiness of the aircraft that the authority had imposed; or

                     (b)  considers that the defect giving rise to the direction is not of such a nature as to prevent the aircraft from fulfilling the minimum safety requirements adopted by the Contracting State under the Chicago Convention; or

                     (c)  considers that, in the circumstances of the case, the aircraft should be permitted to fly, with no persons on the aircraft other than crew members, to a place where the defect can be repaired.

             (2)  However, CASA must not revoke the direction if it is satisfied that doing so would adversely affect the safety of air navigation.

Revocation if CASA satisfied direction no longer necessary

             (3)  CASA may revoke, in writing, a direction issued under regulation 91.980 if CASA is satisfied that the direction is no longer necessary for the safety of air navigation.

91.995  Foreign registered aircraft—when direction or revocation takes effect

             (1)  A direction issued under regulation 91.980 does not have effect in relation to a person until it has been served:

                     (a)  on the person; or

                     (b)  by affixing the direction to the aircraft to which it relates.

             (2)  Revocation of a direction under regulation 91.990 has effect when:

                     (a)  it is served on the person on whom the direction was served; or

                     (b)  if the direction was affixed to the aircraft to which the direction relates—CASA affixes the revocation to the aircraft.

Note:          For service of documents on a person, see section 28A of the Acts Interpretation Act 1901.