Federal Register of Legislation - Australian Government

Primary content

Civil Aviation Regulations 1988

Authoritative Version
SR 1988 No. 158 Regulations as amended, taking into account amendments up to Air Services Legislation (Repeal and Consequential Amendments) Regulations 2019
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 02 Aug 2019
Start Date 14 Jul 2019

Commonwealth Coat of Arms of Australia

Civil Aviation Regulations 1988

Statutory Rules No. 158, 1988

made under the

Civil Aviation Act 1988

Compilation No. 90

Compilation date:                              14 July 2019

Includes amendments up to:            F2019L00372

Registered:                                         2 August 2019

This compilation is in 2 volumes

Volume 1:       regulations 1–343

Volume 2:       Schedules and Endnotes

Each volume has its own contents

 

 

 

 

 

 

 

 

 

This compilation includes commenced amendments made by F2018L01030

 

About this compilation

This compilation

This is a compilation of the Civil Aviation Regulations 1988 that shows the text of the law as amended and in force on 14 July 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............................ Name of Regulations.......................................................... 1

2............................ Interpretation....................................................................... 1

2AA...................... Meaning of ANZA mutual recognition agreements (Act s 3).. 18

2A......................... Approved maintenance data.............................................. 18

2B.......................... Powers to issue directions etc........................................... 19

2C.......................... How to read CASR.......................................................... 19

3............................ Application of regulations................................................. 19

Part 2—Administration and organisation                                                             21

4............................ CASA............................................................................... 21

5............................ Civil Aviation Orders....................................................... 21

6............................ Authorised persons........................................................... 21

6A......................... Identity cards.................................................................... 21

Part 4—Airworthiness requirements                                                                       23

Division 2—Foreign operators                                                                              23

29.......................... Damage etc to aircraft of a Contracting State.................... 23

Division 3—Certificates of approval, aircraft maintenance engineer licences, airworthiness authorities and aircraft welding authorities                        24

29A....................... Interpretation..................................................................... 24

30.......................... Certificates of approval..................................................... 24

30AA.................... Provision of training and assessment in maintenance of aircraft etc.        28

30A....................... Changes to certificates of approval................................... 28

32.......................... Period during which certificates of approval remain in force 28

33.......................... Testing of competency of holder of licence or authority... 29

33B........................ Airworthiness authorities.................................................. 29

33C........................ Application for aircraft welding authority......................... 29

33D....................... Grant of aircraft welding authority.................................... 30

33E........................ Recognised authorities...................................................... 30

33F........................ Duration of aircraft welding authority............................... 30

33G....................... Renewal of aircraft welding authority............................... 31

33H....................... Changes to aircraft welding authority............................... 31

33I......................... Conditions of aircraft welding authority........................... 32

Division 4—Miscellaneous                                                                                       33

37.......................... Permissible unserviceabilities........................................... 33

Part 4A—Maintenance                                                                                                     34

Division 1—Maintenance directions by CASA                                             34

38.......................... Maintenance directions..................................................... 34

Division 2—Maintenance for which holder of certificate of registration responsible   35

Subdivision 1—Class A aircraft                                                                           35

39.......................... Maintenance required by approved system of maintenance 35

40.......................... Defective or inappropriate systems of maintenance.......... 35

Subdivision 2—Class B aircraft                                                                           35

41.......................... Maintenance schedule and maintenance instructions......... 35

42.......................... Defective or inappropriate maintenance schedule.............. 36

42A....................... Maintenance schedule: manufacturer’s maintenance schedule  36

42B........................ Maintenance schedule: CASA maintenance schedule....... 38

42C........................ Maintenance schedule: approved system of maintenance.. 38

42CA..................... Maintenance schedule—primary, intermediate, restricted or limited category aircraft.......................................................................................... 38

42CB..................... Maintenance—experimental aircraft.................................. 39

42D....................... Can there be more than one maintenance schedule?.......... 39

42E........................ Elections........................................................................... 39

42F........................ Effect of change of holder of certificate of registration..... 39

Subdivision 3—Miscellaneous                                                                              40

42G....................... Flight control system: additional requirements.................. 40

42H....................... Exemptions and variations................................................ 41

Division 3—Approved systems of maintenance                                            42

42J......................... System of maintenance: request for approval.................... 42

42K........................ System of maintenance: submission to CASA................. 42

42L........................ System of maintenance: matters to be included................. 42

42M....................... System of maintenance: approval...................................... 43

42N....................... When approval is effective................................................ 44

42P........................ Request for approval of changes....................................... 44

42Q....................... CASA may direct changes................................................ 44

42R........................ Approval of changes......................................................... 44

42S........................ When approval of a change is effective............................. 45

42T........................ All changes must be approved.......................................... 46

Division 4—How maintenance is to be carried out                                    47

42U....................... Modifications and repairs: approved designs.................... 47

42V....................... Maintenance: approved maintenance data......................... 47

42W....................... Installation and use of aircraft components in maintenance—Australian aircraft in Australian territory............................................................................. 47

42WA.................... Requirements for authorised release certificate................. 49

42X....................... Use of aircraft materials in maintenance—Australian aircraft in Australian territory.......................................................................................... 51

42Y....................... Time‑lifed aircraft components—exemption from supply under cover of document requirements..................................................................... 52

42Z........................ Removable items of radiocommunications equipment in VFR aircraft—exemption from certification requirements.................................................. 52

42ZA..................... Use of aircraft components, aircraft materials etc in maintenance—Australian aircraft outside Australian territory............................................................ 52

42ZB..................... Exemptions and variations................................................ 53

Division 5—Who may carry out maintenance                                              54

42ZC..................... Maintenance on Australian aircraft in Australian territory 54

42ZD..................... Maintenance on Australian aircraft outside Australian territory               57

Division 6—Certification of completion of maintenance                         58

Subdivision 1—Maintenance in Australian territory                                     58

42ZE...................... Certification of completion of maintenance on aircraft in Australian territory          58

42ZF...................... Request for approval of system of certification................. 58

42ZG..................... Approval of system of certification................................... 58

42ZH..................... When approval is effective................................................ 59

42ZJ...................... Changes to an approved system of certification................ 59

42ZK..................... Approval of changes......................................................... 59

42ZL...................... When approval of a change is effective............................. 60

42ZM.................... All changes must be approved.......................................... 60

Subdivision 2—Maintenance outside Australian territory                            60

42ZN..................... Certification of maintenance outside Australian territory.. 60

Subdivision 3—Miscellaneous                                                                              61

42ZP...................... Certification not to be made.............................................. 61

Division 7—Exemptions from, and variations of, requirements         62

42ZQ..................... Requirements to which Division applies........................... 62

42ZR..................... Application for exemption from, or variation of, requirements                62

42ZS...................... Granting of exemptions and approval of variations.......... 63

42ZT...................... When grant or approval is effective.................................. 63

42ZU..................... Effect of grant of exemption or approval of variation....... 64

Division 8—Maintenance control manual and maintenance controller 65

42ZV..................... Maintenance controllers.................................................... 65

42ZW.................... Approval of maintenance controllers................................ 65

42ZX..................... Suspension or cancellation of approvals........................... 66

42ZY..................... Maintenance control manuals............................................ 66

42ZZ...................... Maintenance control manuals: amendments...................... 67

42ZZA................... Inspection of maintenance control manuals....................... 67

Division 9—Maintenance releases                                                                       68

43.......................... Maintenance releases in respect of Australian aircraft....... 68

43A....................... Maintenance release to be available for inspection............ 70

43B........................ Time‑in‑service to be recorded on maintenance release..... 71

44.......................... Conditions with respect to maintenance releases............... 71

45.......................... Suspension or cancellation of maintenance release........... 71

46.......................... Information to be passed to other persons........................ 72

47.......................... Maintenance release to cease to be in force....................... 72

48.......................... Maintenance release to recommence to be in force............ 73

49.......................... Permissible unserviceabilities to be endorsed on maintenance releases    74

50.......................... Defects and major damage to be endorsed on maintenance release          75

Division 10—Aircraft log books                                                                           77

50A....................... Aircraft log book.............................................................. 77

50B........................ Alternative to aircraft log book or section of aircraft log book 77

50C........................ Directions relating to aircraft maintenance records............ 78

50D....................... Inspection of records........................................................ 78

Division 11—Miscellaneous                                                                                     79

50E........................ Inconsistent requirements—resolution of inconsistencies. 79

50F........................ Notice of maintenance to be given.................................... 79

50G....................... Copying or disclosing CVR information.......................... 80

Part 4B—Defect reporting                                                                                             81

51.......................... Reporting of defects in Australian aircraft—general......... 81

51A....................... Reporting of defects in Australian aircraft: major defects. 81

51B........................ Defects discovered in complying with directions by CASA 82

52.......................... Defects discovered in aircraft components........................ 82

52A....................... How must reports to Authority be made?......................... 83

52B........................ Keeping of defective aircraft and aircraft components....... 84

53.......................... Investigation of defects of Australian aircraft................... 85

Part 4C—Flight manuals                                                                                                 86

54.......................... Registered operators to maintain aircraft flight manuals.... 86

Part 4D—Removal or alteration of data plates etc.                                        87

56.......................... Definitions for this Part.................................................... 87

57.......................... Removal or alteration of manufacturer’s data plate........... 87

58.......................... Removal or alteration of identification from heater assembly of manned balloon or propeller.......................................................................................... 87

59.......................... Transfer of manufacturer’s data plate to another aircraft etc prohibited    88

60.......................... Removal of manufacturer’s data plates............................. 88

Part 5—Balloon flight crew licensing                                                                       89

Division 5.1—Balloon flight crew licensing—preliminary                      91

5.01....................... Definitions for Part 5........................................................ 91

5.02....................... What Part 5 is about.......................................................... 93

5.03....................... Authorisation—performing activities essential to operation of Australian balloons without commercial pilot (balloon) licence..................................... 94

Division 5.2—Balloon flight crew licensing—medical certificates     95

5.04....................... Medical certificate—balloon flight crew licence................ 95

5.05....................... Medical certificate—CAR certificate of validation............ 95

5.07....................... Medical certificate—flight tests......................................... 95

Division 5.3—Balloon flight crew licensing—licences, ratings and endorsements           97

5.08....................... Balloon flight crew licence—application........................... 97

5.09....................... Balloon flight crew licence—issue.................................... 97

5.13....................... Balloon flight crew rating—application............................ 97

5.14....................... Balloon flight crew rating—issue..................................... 98

5.17....................... Balloon flight crew rating—duration................................ 98

5.18....................... Balloon flight crew rating—authority and flight tests....... 99

5.19....................... Balloon flight crew rating—flight tests............................. 99

5.20....................... Balloon flight crew rating—approval to give training....... 99

5.23....................... Balloon class endorsement—issue.................................. 100

Division 5.4—Balloon flight crew licensing—certificates of validation 101

5.27....................... CAR certificate of validation—issue............................... 101

5.30....................... CAR certificate of validation—overseas balloon authorisation information to be entered........................................................................................ 102

5.31....................... CAR certificate of validation—effect.............................. 102

5.32....................... CAR certificate of validation—period of validity............ 102

5.33....................... CAR certificate of validation—offences......................... 103

Division 5.5—Balloon flight crew licensing—general                             104

5.40....................... Pilot acting in command under supervision.................... 104

5.41....................... Balloon flight crew licence—tests and examinations...... 104

5.42....................... Balloon flight tests—CASA to be notified..................... 105

5.50....................... Authorisation to test balloon........................................... 106

5.51....................... Personal log books......................................................... 106

5.52....................... What must be recorded in a personal log book?.............. 107

5.53....................... How long must a personal log book be retained?........... 107

5.54....................... Evidence of identity—CASA’s powers.......................... 107

5.54A.................... Evidence of identity—examinations................................ 108

5.56....................... Balloon flight crew licence—production etc................... 108

Division 5.6—Balloon flight crew licensing—balloon flying schools 110

5.57....................... Balloon flying schools—transfer of student records....... 110

5.58....................... Balloon flying schools—chief balloon flying instructor. 110

5.59....................... Syllabuses of training..................................................... 111

Division 5.7—Balloon flight crew licensing—flight radiotelephone operator licence    112

5.61....................... Flight radiotelephone operator licence—issue................. 112

5.62....................... Flight radiotelephone operator licence—authorisation.... 112

5.63....................... Flight radiotelephone operator licence—conduct of examination and test                112

Division 5.11—Balloon flight crew licensing—commercial pilot (balloon) licences        114

5.138..................... Commercial pilot (balloon) licence—qualifications......... 114

5.139..................... Commercial pilot (balloon) licence—authorisation......... 115

5.140..................... Commercial pilot (balloon) licence—authorisation: balloon classes         115

5.141..................... Commercial pilot (balloon) licence—authorisation: balloon types            115

5.142..................... Commercial pilot (balloon) licence—rating required....... 116

5.143..................... Commercial pilot (balloon) licence—regular balloon flight reviews required           116

5.144..................... Commercial pilot (balloon) licence—recent experience requirements       117

5.145..................... Commercial pilot (balloon) licence—aeronautical experience required     118

5.146..................... Commercial pilot (balloon) licence—balloon flying training required      118

5.147..................... Commercial pilot (balloon) licence—flight tests............. 118

Part 7—Navigation logs                                                                                                  120

77.......................... Part 7 not to apply to New Zealand AOC holders with ANZA privileges               120

78.......................... Navigation logs............................................................... 120

79.......................... Form of logs................................................................... 120

80.......................... Retention of logs............................................................. 120

81.......................... Directions under this Part............................................... 121

Part 8—Radio systems for use in, or in connection with, aircraft       122

82.......................... Equipment of Australian aircraft with radiocommunication systems        122

82A....................... Use of radiocommunication systems: words and phrases to be used       122

83.......................... Transmitting on aeronautical radio frequencies............... 122

84.......................... Use and operation of radiocommunication systems by foreign aircraft    123

85.......................... Directions under Part 8................................................... 123

Part 9—Aerodromes                                                                                                        124

Division 8—Use of aerodromes                                                                           124

90.......................... Access of official aircraft to aerodromes......................... 124

91.......................... Use of aerodromes by aircraft of Contracting States....... 124

92.......................... Use of aerodromes.......................................................... 124

92A....................... Use of aerodromes in regular public transport operations 125

93.......................... Protection of certain rights.............................................. 126

Division 9—Removal or marking of obstructions or other hazards 127

94.......................... Dangerous lights............................................................. 127

95.......................... Removal or marking of objects which constitute obstructions or potential hazards to air navigation....................................................................... 127

96.......................... Dumping of rubbish....................................................... 129

Part 10—Air Traffic Services and other services                                           130

Division 1—Air Traffic Services                                                                        130

99AA.................... Air Traffic—Services, directions and instructions.......... 130

99A....................... Broadcasts to be made at certain aerodromes.................. 130

100........................ Compliance with air traffic control clearances and air traffic control instructions     131

101........................ Procedure when air traffic control not in operation......... 132

105........................ Temporary medical unfitness of holder of licence........... 132

115........................ Medical unfitness of holder of licence............................ 132

Division 2—Meteorological services                                                                133

120........................ Weather reports not to be used if not made with authority 133

Division 3—Statistical returns                                                                             134

132........................ Statistical returns............................................................. 134

Part 11—Conditions of flight                                                                                      135

Division 1—General                                                                                                  135

133........................ Conditions to be met before Australian aircraft may fly.. 135

135........................ Foreign aircraft of Contracting States............................. 135

135A..................... Special flight authorisation.............................................. 136

136........................ Foreign state aircraft....................................................... 136

138........................ Pilot to comply with requirements etc of aircraft’s flight manual etc        137

139........................ Documents to be carried in Australian aircraft................ 137

140........................ Prohibited, restricted and danger areas............................ 138

143........................ Carriage of firearms........................................................ 138

144........................ Discharge of firearms in or from an aircraft.................... 139

145........................ Emergency authority....................................................... 139

146........................ Liability as to neglect of rules regarding lights etc.......... 139

147........................ Australian aircraft in or over territory of a State which is not a Contracting State    140

Division 2—Flight rules                                                                                           141

149........................ Towing........................................................................... 141

150........................ Dropping of articles........................................................ 141

151........................ Picking up of persons or objects..................................... 142

152........................ Parachute descents.......................................................... 142

153........................ Flight under simulated instrument flying conditions....... 143

155........................ Aerobatic manoeuvres.................................................... 143

156........................ Flying over public gatherings......................................... 144

157........................ Low flying...................................................................... 144

158........................ Reports at designated points or intervals......................... 145

159........................ Procedure on radio failure............................................... 146

159A..................... Power of CASA to issue instructions............................. 146

159B...................... Manner of notifying instructions.................................... 146

Part 12—Rules of the air                                                                                               147

Division 1—General                                                                                                  147

160........................ Interpretation................................................................... 147

161........................ Right of way................................................................... 147

162........................ Rules for prevention of collision..................................... 147

163........................ Operating near other aircraft........................................... 148

163AA.................. Formation flying............................................................. 148

163A..................... Responsibility of flight crew to see and avoid aircraft.... 149

Division 2—Operation on and in the vicinity of aerodromes              150

Subdivision 1—General                                                                                        150

164........................ Responsibility for compliance with rules of this Division 150

165........................ Temporary suspension of rules....................................... 150

Subdivision 2—Operating on and in the vicinity of non‑controlled aerodromes          150

166........................ Definitions for Subdivision 2......................................... 150

166A..................... General requirements for aircraft on the manoeuvring area or in the vicinity of a non‑controlled aerodrome............................................... 150

166B...................... Carrying out a straight‑in approach................................. 152

166C...................... Responsibility for broadcasting on VHF radio............... 153

166D..................... Designation of non‑controlled aerodromes..................... 153

166E...................... Requirements for operating on or in the vicinity of certified, military, registered or designated non‑controlled aerodromes............................................. 153

Subdivision 3—Controlled aerodromes, aerodromes at which the operation of aircraft is not restricted to runways, and preventing collisions on water 155

167........................ General requirements for aerodrome traffic at controlled aerodromes      155

168........................ Aerodromes at which the operation of aircraft is not restricted to runways              156

169........................ Preventing collisions on water........................................ 157

Division 3—Visual flight rules                                                                             159

170........................ Interpretation................................................................... 159

171........................ V.F.R. flight................................................................... 159

172........................ Flight visibility and distance from cloud......................... 159

173........................ Cruising level to be appropriate to magnetic track........... 160

174........................ Determination of visibility for V.F.R. flights.................. 160

174A..................... Equipment of aircraft for V.F.R. flight........................... 161

174B...................... V.F.R. flights at night..................................................... 162

174D..................... Navigation of aircraft on V.F.R. flight............................ 162

Division 4—Instrument flight rules                                                                   164

175........................ I.F.R. flight..................................................................... 164

175A..................... Restriction on I.F.R. flights by single engine aircraft...... 164

176A..................... Determination of visibility and cloud base for I.F.R. flights 165

177........................ Equipment of aircraft for I.F.R. flight............................. 165

178........................ Minimum height for flight under I.F.R........................... 166

179........................ Authorised instrument approach procedures to be used.. 167

179A..................... Navigation of aircraft on I.F.R. flight............................. 168

180........................ Cruising levels for I.F.R. flights..................................... 168

181........................ Flight procedure for I.F.R. flight where cruising level cannot be maintained           169

Division 5—Operations in RVSM airspace                                                  170

Subdivision 1—Preliminary                                                                                170

181A..................... What this Division does.................................................. 170

181B...................... Definitions for this Division........................................... 170

181C...................... What is an RVSM airworthiness approval?.................... 170

181D..................... What is an RVSM foreign airworthiness approval?....... 170

181E...................... What is an RVSM operational approval?........................ 170

Subdivision 2—RVSM airworthiness approvals                                            170

181F...................... Application for RVSM airworthiness approval.............. 170

181G..................... RVSM airworthiness approval....................................... 171

181H..................... How long RVSM airworthiness approvals remain in force 171

181I....................... Notice to RVSM airworthiness approval holder to show cause               171

181J....................... Cancellation of RVSM airworthiness approval.............. 172

Subdivision 3—RVSM operational approvals                                                172

181L...................... Application for RVSM operational approval.................. 172

181M..................... RVSM operational approval........................................... 173

181N..................... How long RVSM operational approvals remain in force 173

181O..................... Notice to RVSM operational approval holder to show cause.. 173

181P...................... Cancellation of RVSM operational approval.................. 174

181Q..................... Removal of aircraft from RVSM operational approval—cancellation of airworthiness approval.......................................................................... 174

181QA.................. Removal of aircraft from RVSM operational approval—holder ceasing to operate aircraft........................................................................................ 175

181S...................... Requirements of Australian operator using Australian aircraft 175

181T...................... Requirements of Australian operator using foreign aircraft 176

181U..................... Monitoring height‑keeping............................................. 176

181V..................... Telling CASA about cancellation of RVSM foreign airworthiness approval           176

Subdivision 4—Miscellaneous                                                                            176

181X..................... New registration marks................................................... 176

Part 13—Signals for the control of air traffic                                                  177

Division 1—Aerodrome traffic                                                                            177

182........................ Use of prescribed signals................................................ 177

183........................ Responsibility for complying with this Part.................... 177

184........................ Two‑way radiotelephony communication....................... 177

185........................ Visual signals................................................................. 178

186........................ Pilot in command to maintain look out for visual signals 178

187........................ Light signals................................................................... 178

188........................ Pyrotechnic signals......................................................... 178

189........................ Ground signals............................................................... 178

Division 2—Special signals relating to danger areas, prohibited areas and restricted areas                                                                                                                    179

190........................ Warning signal................................................................ 179

Division 3—Emergency signals                                                                           180

191........................ Transmission of signals.................................................. 180

192........................ Distress signals............................................................... 180

193........................ Urgency signals.............................................................. 181

194........................ Safety signal................................................................... 181

Division 4—Lights to be displayed by aircraft and lights and markings to be displayed on mooring cables                                                                                   182

195........................ Compliance with rules about lights................................. 182

196........................ Aeroplanes in flight or on the manoeuvring area of land aerodromes      182

197........................ Aeroplanes under way on the surface of water............... 183

198........................ Aeroplanes at anchor or moored on the surface of water 184

199........................ Aeroplanes aground on the surface of the water............. 185

200........................ Gliders............................................................................ 185

203........................ Airships.......................................................................... 185

Part 14—Air service operations                                                                                186

Division 1A—AOCs with ANZA privileges                                                  186

205........................ Additional conditions—Australian AOC with ANZA privileges            186

Division 1—General                                                                                                  187

206........................ Commercial purposes (Act, s 27(9))............................... 187

207........................ Requirements according to operations on which Australian aircraft used                188

208........................ Number of operating crew.............................................. 188

209........................ Private operations........................................................... 188

210A..................... Flight time limitations..................................................... 189

210B...................... Pilot in command under supervision............................... 190

Division 2—Requirements to ensure the safety of commercial operations          191

211........................ Division 2 not to apply to New Zealand AOC holders with ANZA privileges        191

212........................ Operator.......................................................................... 191

213........................ Organisation................................................................... 191

214........................ Training of maintenance personnel................................. 191

215........................ Operations manual.......................................................... 191

216........................ Flight time records.......................................................... 193

217........................ Training and checking organisation................................ 193

218........................ Route qualifications of pilot in command of a regular public transport aircraft        194

219........................ Route qualifications of pilot in command of a charter aircraft  195

220........................ Fuel instructions and records.......................................... 195

221........................ Facilities and safety devices for public............................ 196

222........................ Proving tests................................................................... 196

Division 3—Conduct of operations                                                                   197

222A..................... Division 3 not to apply to New Zealand AOC holders with ANZA privileges        197

223........................ Operator to ensure employees and flight crew familiar with local laws and regulations........................................................................................ 197

224........................ Pilot in command............................................................ 197

224A..................... Commercial operations carrying passengers—requirements if pilot in command 60 or more........................................................................................ 198

225........................ Pilots at controls............................................................. 199

226........................ Dual controls.................................................................. 199

227........................ Admission to crew compartment.................................... 200

228........................ Unauthorised persons not to manipulate controls........... 201

228A..................... Definition of qualified to taxi an aircraft......................... 201

229........................ Operation of aircraft on ground—only qualified persons may taxi aircraft              202

230........................ Starting and running of engines...................................... 202

231........................ Manipulation of propeller............................................... 203

232........................ Flight check system........................................................ 204

232A..................... Operational procedures in relation to computers............. 204

233........................ Responsibility of pilot in command before flight............ 205

234........................ Fuel requirements........................................................... 206

234A..................... Oil requirements............................................................. 207

235........................ Take‑off and landing of aircraft etc................................. 207

235A..................... Taking off from and landing on narrow runways—certain aeroplanes    209

238........................ Icing conditions.............................................................. 212

239........................ Planning of flight by pilot in command........................... 212

240........................ Authority may issue instructions in relation to flight planning 212

241........................ Flight plans—submission to air traffic control in certain cases                213

242........................ Testing of radio apparatus............................................... 213

243........................ Listening watch............................................................... 214

244........................ Safety precautions before take‑off.................................. 214

245........................ Tests before and during the take‑off run......................... 215

246........................ Movement on manoeuvring area..................................... 215

247........................ Meteorological conditions observed en route.................. 216

248........................ Reporting of defects........................................................ 216

Division 4—General provisions relating to the operation of aircraft 217

248A..................... Division 4 not to apply to New Zealand AOC holders with ANZA privileges        217

249........................ Prohibition of carriage of passengers on certain flights.. 217

250........................ Carriage on wings, undercarriage etc.............................. 217

251........................ Seat belts and safety harness........................................... 218

252........................ Provision of emergency systems etc............................... 219

252A..................... Emergency locator transmitters....................................... 220

253........................ Emergency and life‑saving equipment............................ 223

254........................ Exits and passageways not to be obstructed................... 223

255........................ Smoking in aircraft......................................................... 224

256........................ Intoxicated persons not to act as pilots etc or be carried on aircraft          225

256AA.................. Offensive and disorderly behaviour................................ 226

256A..................... Carriage of animals......................................................... 226

257........................ Aerodrome meteorological minima................................. 227

258........................ Flights over water........................................................... 228

259........................ Manned free balloons..................................................... 228

260........................ Manned fixed balloons and kites.................................... 228

262........................ Carriage of examiners..................................................... 229

Division 5—Airborne collision avoidance systems—turbine‑powered commercial aeroplanes                                                                                                                    230

Subdivision 1—Definitions for Division 5                                                       230

262AA.................. Definitions for Division 5............................................... 230

Subdivision 2—Airborne‑collision avoidance systems—Australian turbine‑powered commercial aeroplanes                                                                                  231

262AB................... Application of Subdivision 2.......................................... 231

262AC................... ACAS requirements—larger capacity aeroplanes: flights before 1 January 2014    231

262AD.................. ACAS requirements—larger capacity aeroplanes: flights on or after 1 January 2014........................................................................................ 231

262AE................... ACAS requirements—certain other aeroplanes.............. 232

262AF................... Serviceable ACAS must be activated during flight......... 233

262AG.................. Reporting unserviceable ACAS during flight................. 233

262AH.................. Reporting unserviceable ACAS before flight................. 234

Subdivision 3—Airborne collision avoidance systems—foreign turbine‑powered commercial aeroplanes                                                                                  234

262AI.................... Application of Subdivision 3.......................................... 234

262AJ.................... ACAS requirements—turbine‑powered commercial aeroplanes              235

262AJA................. Serviceable ACAS must be activated during flight......... 235

262AJB................. Reporting unserviceable ACAS during flight................. 235

262AJC................. Reporting unserviceable ACAS before flight................. 236

Division 6—Operating limitations for aircraft certificated in certain categories and experimental aircraft                                                                     237

262AK................... Application of this Division............................................ 237

262AL................... Restricted category aircraft—operating limitations.......... 237

262AN.................. Limited category aircraft—approved organisations......... 238

262AO.................. Provisionally certificated aircraft—operating limitations. 239

262AP................... Experimental aircraft—operating limitations................... 241

262APA................ Light sport aircraft—operating limitations...................... 243

262AQ.................. Primary category aircraft—operating limitations............. 244

262AR................... Intermediate category aircraft—operating limitations...... 245

262AS................... Where aircraft may be flight tested.................................. 246

Part 16—Refusal to grant, and suspension and cancellation of, approvals, authorities, certificates and licences                                                                               247

263........................ Interpretation................................................................... 247

264........................ Refusal to grant certificate under Division 3 of Part 4.... 247

265........................ Suspension of licence or authority for purpose of examination                248

267........................ Variation of authority, certificate or licence at request of holder               248

269........................ Variation, suspension or cancellation of approval, authority, certificate or licence   249

270........................ Effect of effluxion of time for suspension of approval, authority, certificate or licence........................................................................................ 250

272A..................... Effect of suspension of approval, authority, certificate or licence             250

Part 17—Penal provisions and prosecutions                                                     251

Division 1—Penal provisions                                                                                251

282........................ Offences in relation to licences, certificates and authorities 251

286........................ Stowaways..................................................................... 252

287........................ Power of Court to order returns etc to be furnished........ 252

288........................ Detention of aircraft........................................................ 252

289........................ Creation of fire hazard.................................................... 252

290........................ Firearms—Federal airports............................................. 253

291........................ Stationary aircraft within precincts of an aerodrome....... 253

292........................ Aircraft on movement area to be reported....................... 253

293........................ Removal of aircraft from movement area........................ 254

294........................ Prohibition of entry etc on prohibited area...................... 254

Division 2—Prosecutions                                                                                        256

296........................ Time for commencing prosecutions................................ 256

Division 3—Infringement notices                                                                       257

296A..................... Definitions for Division 3 of Part 17.............................. 257

296B...................... When can an infringement notice be served?.................. 257

296C...................... Can an infringement notice be withdrawn?..................... 257

296D..................... How are infringement notices and withdrawals of notices to be served? 258

296E...................... What must be included in an infringement notice?.......... 258

296F...................... What happens if you pay the prescribed penalty?........... 259

296G..................... Evidentiary matters......................................................... 259

296H..................... Can there be more than one infringement notice for the same offence?    260

296I....................... What if payment is made by cheque?.............................. 260

296J....................... This Division does not prevent a matter being prosecuted in a court and does not mean that an infringement notice must be served in all cases.......... 260

Part 18—Evidence                                                                                                             261

297........................ Evidence......................................................................... 261

Part 19—Miscellaneous                                                                                                  263

297A..................... Review of decisions........................................................ 263

298A..................... Cheating by examination candidates............................... 264

298B...................... Examination misconduct by persons other than examination candidates  267

298C...................... Personation at examinations............................................ 268

298D..................... Person not permitted to sit examination until Tribunal decides 269

298E...................... Sitting examination when not permitted.......................... 269

299........................ Further examination of holders of flight crew licences etc. 269

301........................ Surrender of documents.................................................. 270

302........................ Production of licences..................................................... 270

303........................ Conditions subject to which licences or certificates are granted               271

304........................ Directions and instructions—section 23 of the Act......... 271

305........................ Access of authorised persons......................................... 271

306........................ Liability for damage to aircraft during official tests......... 272

309........................ Powers of pilot in command........................................... 272

309A..................... Instructions about activities on board aircraft.................. 273

Part 20—Transitional provisions                                                                              274

Division 1—Transitional provisions—miscellaneous                               274

311........................ Transitional..................................................................... 274

312........................ Definition........................................................................ 275

313........................ Transitional: certificates of type approval........................ 275

314........................ Transitional: certificates of airworthiness........................ 275

315........................ Transitional: suspension of a certificate of airworthiness 276

318........................ Transitional: certificates of approval............................... 276

319........................ Transitional: approval to manufacture amateur‑built aircraft 276

320........................ Transitional: suspension of certificate of approval.......... 277

321........................ Transitional: notices of events......................................... 277

323AA.................. Transitional—certain directions under regulation 166..... 277

323A..................... Transitional—determinations under regulation 178........ 277

324........................ Transitional: certain warnings......................................... 277

325........................ References to Parts, Divisions or Subdivisions renumbered by Civil Aviation Amendment Regulations 1999 (No. 6)................................................ 277

Division 2—Transitional provisions relating to Parts 42, 66, 145 and 147 of CASR    278

328........................ Application of Part 4A to aircraft.................................... 278

330........................ Application of Part 4B to aircraft.................................... 278

331........................ Application of Part 4B to Part 145 organisations—dealing with defects  278

332........................ Application of regulation 133 to aircraft......................... 278

Division 3—Transitional provisions—amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) (substitution of Part 5)           279

333........................ Certain civil aviation authorisations not affected by substitution of Part 5 on 1 September 2014................................................................................ 279

334........................ Civil Aviation Orders for Part 5—balloons.................... 279

335........................ Civil Aviation Orders—flight time limitations................ 279

Division 4—Transitional provisions—amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013  280

Subdivision 1—Transitional provisions                                                           280

336........................ References to certification of completion of maintenance and authorised release certificates (regulation 42W)............................................................. 280

337........................ Application of regulation 214 (Training of maintenance personnel)         280

Subdivision 2—Part 145 organisations approved to undertake CAR maintenance activities    280

338........................ Definition of approved system of certification of completion of maintenance          280

339........................ Compliance with regulation 42G (Flight control system: additional requirements)  280

340........................ Compliance with Division 4 of Part 4A (How maintenance is to be carried out)     281

341........................ Who may carry out maintenance for regulation 42ZC (Maintenance on Australian aircraft in Australian territory)........................................................ 281

342........................ Application of regulations 42ZF to 42ZM (which deal with approved systems of certification of completion of maintenance)........................................ 281

343........................ Compliance with Part 4B (Defect reporting)................... 281


Part 1Preliminary

  

1  Name of Regulations

                   These Regulations are the Civil Aviation Regulations 1988.

2  Interpretation

             (1)  In these Regulations, unless the contrary intention appears:

adopted in pursuance of the Convention means adopted by the International Civil Aviation Organization in pursuance of Article 37 of the Convention.

aerodrome control service means an air traffic control service for aerodrome traffic.

aerodrome meteorological minima means the minimum heights of cloud base and minimum values of visibility which are determined in pursuance of regulation 257 for the purpose of determining whether an aerodrome may be used for take‑off or landing.

aerodrome reference point, in relation to an aerodrome, means the geographical location of the aerodrome:

                     (a)  determined in accordance with ‘Manual of Standards Part 139—Aerodromes’; or

                     (b)  specified by a Part 141 operator in its operations manual, or a Part 142 operator in its exposition.

aerodrome traffic means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome.

aerodyne means an aircraft whose support in flight is derived dynamically from the reaction on surfaces in motion relative to the air.

aeronautical mobile radio service means a radio service between aircraft radio stations and land stations and between two or more aircraft radio stations.

aeroplane means a power‑driven heavier‑than‑air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight, but does not include a power‑assisted sailplane.

agricultural operations means the broadcasting of chemicals, seeds, fertilizers and other substances from aircraft for agricultural purposes, including purposes of pest and disease control.

airborne weather radar system means a radar system installed in an aircraft for the purpose of detecting potentially hazardous weather conditions in the flight path of the aircraft.

aircraft component means:

                     (a)  any part or equipment for an aircraft that, when fitted to, or provided in an aircraft may, if it is not sound or functioning correctly, affect the safety of the aircraft, its occupants or its cargo or cause the aircraft to become a danger to person or property; or

                     (b)  flotation equipment, evacuation equipment, ration packs, portable breathing apparatus, fire‑fighting equipment, or any other equipment or apparatus, fitted to, or provided in, an aircraft for use in an emergency;

but does not include any part, equipment or apparatus for an aircraft in respect of which a direction is in force under subregulation (2).

aircraft log book means a log book kept for the purposes of subregulation 50A(1).

aircraft maintenance record means:

                     (a)  an aircraft log book; or

                     (b)  an approved alternative maintenance record.

aircraft material means a material (including a fluid) for use in the manufacture, maintenance, servicing or operation of an aircraft or of an aircraft component, but does not include an aircraft component.

aircraft welding authority means an authority granted under regulation 33D.

airline means the operator of a regular public transport service.

air traffic means aircraft:

                     (a)  in flight; or

                     (b)  operating on the manoeuvring area of an aerodrome.

air traffic control means:

                     (a)  AA in its capacity as a provider of air traffic control services; or

                     (b)  the Defence Force in its capacity as a provider of air traffic control services; or

                     (c)  a person who provides an air traffic control service in cooperation with AA in accordance with paragraph 11(3)(b) of the Air Services Act 1995 or by arrangement with AA in accordance with paragraph 11(3)(c) of that Act.

air traffic control clearance means an authorisation given by a person performing duty in air traffic control for an aircraft to proceed under conditions specified in the authorisation.

air traffic control instructions means directions given by a person performing duty in air traffic control for an aircraft to conduct its flight in the manner specified in the directions.

air traffic controller licence means a licence granted under regulation 102.

air traffic control service means a service provided for the purpose of:

                     (a)  preventing collisions:

                              (i)  between aircraft; and

                             (ii)  on the manoeuvring area between aircraft and obstructions; and

                     (b)  expediting and maintaining an orderly flow of air traffic.

Note:          The definition is essentially that in Annex 11, Air Traffic Services, to the Chicago Convention.

airworthiness authority means an authority under regulation 33B.

alternate aerodrome means an aerodrome specified in the flight plan to which a flight may proceed when it becomes inadvisable to land at the aerodrome of intended landing.

altitude means the vertical distance of a level or a point, or an object considered as a point, measured from mean sea level.

approach control service means an air traffic control service for arriving or departing flights of aircraft.

approved alternative maintenance record means a record kept for the purposes of subregulation 50B(3) or (4).

approved maintenance data, in relation to an aircraft, aircraft component or aircraft material, has the meaning given by regulation 2A.

approved system of certification of completion of maintenance means a system of certification of completion of maintenance for which an approval under regulation 42ZG is in force.

approved system of maintenance, for an Australian aircraft, means a system of maintenance for the aircraft that has been approved under regulation 42M, including any changes to the program that have been approved under regulation 42R.

apron means that part of an aerodrome to be used:

                     (a)  for the purpose of enabling passengers to board, or disembark from, aircraft;

                     (b)  for loading cargo on to, or unloading cargo from, aircraft; or

                     (c)  for refuelling, parking or carrying out maintenance on aircraft.

area control service means an air traffic control service for flights of aircraft in control areas.

authorised means authorised by CASA or by a person, or a person included in a class of persons, appointed by CASA to give the authority concerned.

authorised person, for the purposes of a provision of CAR in which that expression occurs, means:

                     (a)  a person appointed under regulation 6 to be an authorised person for the purposes of that first‑mentioned provision; or

                     (b)  a person included in a class of persons appointed under regulation 6 to be authorised persons for the purposes of that first‑mentioned provision.

aviation authority means:

                     (a)  in relation to Australia—CASA; and

                     (b)  in relation to any other country—the authority that has responsibility for regulating the airworthiness standards of civil aircraft in the country.

car, in relation to a lighter‑than‑air aircraft, means basket whenever, in the case of any particular type of such aircraft, a basket is a constructional feature of that type.

cargo means things other than passengers carried in aircraft.

CASA maintenance schedule means the schedule of maintenance set out in Schedule 5.

CASA system of certification of completion of maintenance means the system of certification of completion of maintenance set out in Schedule 6.

CASR means the Civil Aviation Safety Regulations 1998.

ceiling means the height above the ground or water of the base of the lowest layer of cloud below twenty thousand feet covering more than one‑half of the sky.

centre of gravity, in relation to an aircraft at any time, means the centre of gravity of the aircraft at that time estimated in accordance with the method set out in a direction in force under subregulation 235(1).

certificate of airworthiness means a certificate of airworthiness issued under regulation 21.176 of CASR.

certificate of approval means a certificate of approval in force under regulation 30.

certificate of type approval means a certificate of type approval continued in force under regulation 313 or a type certificate issued under regulation 21.013A or 21.029 of CASR.

channel means the part of a water aerodrome that is navigable and cleared for the safety of aircraft taking‑off or landing in a given direction.

Civil Aviation Orders means orders issued by CASA under regulation 5.

class A aircraft means an Australian aircraft, other than a balloon, that satisfies either or both of the following paragraphs:

                     (a)  the aircraft is certificated as a transport category aircraft;

                     (b)  the aircraft is being used, or is to be used, by the holder of an Air Operator’s Certificate which authorises the use of that aircraft for the commercial purpose referred to in paragraph 206(1)(c).

Note:          Subregulation 2(2C) sets out how an aircraft is certificated as a transport category aircraft.

class B aircraft means an Australian aircraft that is not a class A aircraft.

class of airspace means a class of airspace determined under paragraph 5(1)(d) of the Airspace Regulations 2007.

commercial operations means civil air operations other than private operations.

Commonwealth aircraft means an aircraft, other than a military aircraft, that is in the possession or under the control of the Commonwealth or an authority of the Commonwealth or is being used wholly or principally for a purpose of the Commonwealth.

constable has the same meaning as in the Crimes Act 1914.

control area means airspace to which a determination under paragraph 5(1)(c) of the Airspace Regulations 2007 applies.

controlled aerodrome means an aerodrome to which a determination under paragraph 5(1)(e) of the Airspace Regulations 2007 applies.

controlled airspace means a control area or a control zone.

control zone means airspace to which a determination under paragraph 5(1)(b) of the Airspace Regulations 2007 applies.

crew member means a person assigned by an operator for duty on an aircraft during flight time, and any reference to crew has a corresponding meaning.

cruising level, in relation to an aircraft in flight, means the height above ground or water, or above an atmospheric datum, at which the aircraft flies when it is not climbing or descending.

current flight plan means the flight plan, with any changes brought about by subsequent air traffic control clearances and air traffic control instructions.

daily inspection, in relation to an aircraft, means:

                     (a)  if the aircraft is maintained in accordance with the CASA maintenance schedule—the inspection referred to in Part 1 of the schedule; and

                     (b)  if the aircraft is not maintained in accordance with the CASA maintenance schedule—the inspection required to be carried out under:

                              (i)  the manufacturer’s maintenance schedule; or

                             (ii)  the aircraft’s approved system of maintenance;

                            before the start of flying operations on each day that the aircraft is to be flown.

danger area means an area declared under regulation 6 of the Airspace Regulations 2007 to be a danger area.

dangerous lights means any lights which may endanger the safety of aircraft, whether by reason of glare, or by causing confusion with or preventing clear visual reception of aeronautical lights or signals.

dual flying means flying in an aircraft fitted with fully functioning dual controls for the purpose of receiving flying training from a person who is authorised by these Regulations to give the training.

elevation means the vertical distance of a point or a level on or affixed to the surface of the earth, measured from mean sea level.

examination means an examination by way of a test of theoretical knowledge or a practical test of knowledge and skill.

expected approach time means the time at which it is expected that an arriving aircraft will be cleared to commence approach for a landing.

experimental aircraft means an aircraft for which a special certificate of airworthiness is in force under regulation 21.195A of CASR.

FAA means the Federal Aviation Administration of the United States of America.

Federal airport has the same meaning as in the Federal Airports Corporation Act 1986.

flight control system, in relation to an aircraft, includes:

                     (a)  the aircraft’s main control surfaces and associated operating mechanisms and control systems; and

                     (b)  the aircraft’s lift and drag devices and associated operating mechanisms and control systems; and

                     (c)  the aircraft’s trim and artificial feel systems and associated operating mechanisms and control systems; and

                     (d)  the aircraft’s flight control lock system and associated operating mechanisms and control systems; and

                     (e)  the aircraft’s yaw system and associated operating mechanisms and control systems; and

                      (f)  if the aircraft is a rotorcraft—the aircraft’s pitch control systems; and

                     (g)  if the aircraft is an airship—the aircraft’s ballonet system and associated operating mechanisms and control systems.

flight information area means airspace to which a determination under subparagraph (5)(1)(a)(i) of the Airspace Regulations 2007 applies.

flight information service means a service provided by air traffic control or Flight Service for the purpose of giving advice and information for the safe and efficient conduct of flights.

flight level 290, in relation to a flight of an aircraft, means the height at which the aircraft’s altimeter, if it were adjusted to a reading on the subscale of 1013.2 hectopascals, would show a height of 29 000 feet.

flight plan means specified information, provided to air traffic control, relative to the intended flight of an aircraft.

Flight Service means flight advisory services provided by AA.

Note:          For definitions of flight simulator and flight training device, see the CASR Dictionary.

flight visibility means the average range of visibility forward from the cockpit of an aircraft in flight.

flying training means any training given during flight time in an aircraft for the purpose of increasing a person’s skill in flying the aircraft.

foreign aircraft means an aircraft registered:

                     (a)  in a Contracting State or in a foreign country other than a Contracting State; or

                     (b)  under a joint registration plan or an international registration plan.

grant, in relation to a licence or certificate, means grant of the licence or certificate, either by way of initial issue or by renewal from time to time.

gross weight, in relation to an aircraft at any time, means the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time, estimated in accordance with the method set out in a direction in force under subregulation 235(1).

ground radar, in relation to a secondary surveillance radar transponder, means an installation on the ground which:

                     (a)  emits radio signals; and

                     (b)  may, in response to its signal, receive data signals from a secondary surveillance radar transponder; and

                     (c)  may direct the data signals to an air traffic control radar display.

hazardous weather conditions means:

                     (a)  a thunderstorm; or

                     (b)  wind shear; or

                     (c)  any other similar meteorological activity;

that may endanger the safety of aircraft or aircraft operations.

heading means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic or compass).

heavier‑than‑air aircraft is the generic term for aircraft deriving their lift in flight chiefly from aerodynamic forces.

helicopter means a heavier‑than‑air aircraft supported in flight by the reaction of the air on one or more normally power‑driven rotors on substantially vertical axes.

horizontal plane in relation to an aeroplane, means the plane containing the longitudinal axis and perpendicular to the plane of symmetry of the aeroplane.

ICAO Doc. 9574‑AN/934 means Doc. 9574‑AN/934 (Manual on Implementation of a 300 m (1 000 ft) Vertical Separation Minimum Between FL 290 and FL 410 Inclusive) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

I.F.R. is the symbol used to designate the Instrument Flight Rules prescribed in Part 12.

I.F.R. flight means a flight conducted in accordance with the Instrument Flight Rules prescribed in Part 12.

I.F.R. operation means an operation conducted in accordance with the Instrument Flight Rules prescribed in Part 12.

I.M.C. is the symbol used to designate meteorological conditions other than those designated by the symbol V.M.C.

international air service means an air service which passes through the airspace over the territory of more than one country.

international operating agency means an international operating agency referred to in Article 77 of the Convention.

international registration plan means a plan for the registration by an international organisation of aircraft operated, or to be operated, by an international operating agency, being a plan approved by the Council by a determination made in pursuance of Article 77 of the Convention.

International Telecommunications Convention means:

                     (a)  the International Telecommunications Convention signed at Buenos Aires on 22 December 1952; and

                     (b)  the Radio Regulations annexed to that Convention.

jet‑propelled aircraft includes an aircraft that is propelled by one or more engines of the following kinds, namely, turbofan engines, turbojet engines, unducted fan engines or rocket engines, but does not include an aircraft that is propelled solely by conventional propeller engines.

joint registration plan means a plan for joint registration by Contracting States constituting an international operating agency of aircraft operated, or to be operated, by the agency, being a plan approved by the Council by a determination made in pursuance of Article 77 of the Convention.

landing area means the part of the manoeuvring area primarily intended for landing or take‑off of aircraft.

landing strip means a rectangular portion of the landing area, specially prepared for the take‑off and landing of aircraft in a particular direction.

land station means a radio station, not capable of being moved, which performs a mobile service.

licensed means licensed under these Regulations.

lighter‑than‑air aircraft is the generic term for aircraft supported chiefly by their buoyancy in the air.

long‑range radio navigation system means a navigation system which:

                     (a)  is carried on, or installed in, an aircraft; and

                     (b)  is used to determine the position of the aircraft by simultaneously interpreting radio signals transmitted by a network of ground‑based or satellite‑based radio transmitters.

maintenance controller means a person:

                     (a)  appointed under regulation 42ZV; and

                     (b)  whose appointment:

                              (i)  is approved under regulation 42ZW; and

                             (ii)  is not suspended or cancelled under regulation 42ZX.

maintenance control manual means a maintenance control manual mentioned in regulation 42ZY.

maintenance instruction means an instruction that is issued by:

                     (a)  CASA or an authorised person in writing under regulation 38; or

                     (b)  the manufacturer of an aircraft, aircraft component or aircraft material; or

                     (c)  the designer of a modification or repair of an aircraft or aircraft component;

but does not include an instruction issued by a manufacturer or designer if it is clear from the terms of the instruction that the manufacturer or designer regards compliance with the instruction as optional.

maintenance release means a maintenance release in force under regulation 43.

maintenance schedule, in relation to a class B aircraft, means the maintenance schedule referred to in regulation 42A, 42B, 42C or 42CA that applies to the aircraft.

major damage, in relation to an aircraft, means damage of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to person or property.

manned balloon means a balloon that is:

                     (a)  capable of carrying one or more persons; and

                     (b)  equipped with controls that enable control of the altitude of the balloon.

manual welding means welding carried out and controlled completely by hand.

manufacturer’s maintenance schedule, in relation to an aircraft, means a schedule issued by the manufacturer of the aircraft that sets out what maintenance should be carried out on the aircraft and when it should be carried out.

maximum landing weight, in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum landing weight.

maximum take‑off weight, in relation to an aircraft, means the weight set out in the certificate of airworthiness of, or the flight manual for, the aircraft as the maximum take‑off weight.

meteorological information means all classes of meteorological reports, analyses, forecasts, warnings, advices and revisions or amendments thereto which may be required in connection with the operation of air routes.

meteorological minima means the minimum values of meteorological elements as determined by CASA in respect of specified types of flight operation.

meteorological observation means the qualitative or quantitative evaluation by instrumental or visual means of one or more meteorological elements at a place at a given time.

meteorological observer means a person authorised by the Director of Meteorology to make or record meteorological observations or a person approved by CASA for that purpose.

meteorological report means a statement, presented in plain language or in code, either orally, in written form or by telecommunication, of past or present meteorological conditions at ground level or in the free air as observed from a given place.

mile means an International Nautical Mile, being 1,852 metres.

military aerodrome means an aerodrome under the control of any part of the Defence Force.

military aircraft means aircraft of any part of the Defence Force (including any aircraft that is being constructed for any part of the Defence Force), other than any aircraft that is registered under these Regulations as an Australian aircraft.

moored, in relation to lighter‑than‑air aircraft, means the aircraft:

                     (a)  is tethered; and

                     (b)  is not occupied by any person.

movement area means that part of an aerodrome to be used for the surface movement of aircraft, including manoeuvring areas and aprons.

navigation system, in relation to an aircraft, means a system by which the aircraft can be navigated.

night flight means flight during night.

non‑controlled aerodrome means an aerodrome at which an air traffic control service is not operating.

Note:          A non‑controlled aerodrome is also known as a non‑towered aerodrome.

operating crew means any person who:

                     (a)  is on board an aircraft with the consent of the operator of the aircraft; and

                     (b)  has duties in relation to the flying or safety of the aircraft.

Note:          This definition includes persons:

(a)    who are conducting flight tests; or

(b)    who are conducting surveillance to ensure that the flight is conducted in accordance with these Regulations; or

(c)    who are in the aircraft for the purpose of:

        (i)        receiving flying training; or

        (ii)       practising for the issue of a flight crew licence.

operational information service means a service for the provision of advice and information to assist in the safe and efficient conduct of flights, including the provision of advice and information at the request of a pilot in command of an aircraft.

permissible unserviceability, for an aircraft, means:

                     (a)  a defect in the aircraft approved by CASA as a permissible unserviceability under regulation 37; or

                     (b)  a defect in the aircraft approved by CASA, an authorised person or an approved design organisation as a permissible unserviceability under regulation 21.007 of CASR.

position report means a message, in a specified form, containing information on the position and progress of an aircraft.

positive position fix, in relation to an aircraft in flight, is the point on the surface of the earth vertically below the aircraft as established by:

                     (a)  in the case of a V.F.R. flight:

                              (i)  visual observation; or

                             (ii)  use of a radio navigation system or systems; or

                            (iii)  use of an approved self‑contained navigation system; or

                            (iv)  use of an approved long‑range radio navigation system; and

                     (b)  in the case of an I.F.R. flight:

                              (i)  use of a radio navigation system or systems; or

                             (ii)  use of an approved self‑contained navigation system; or

                            (iii)  use of an approved long‑range radio navigation system.

power‑assisted sailplane means an aircraft that The Gliding Federation of Australia Incorporated has registered as a power‑assisted sailplane.

prohibited area means an area declared under regulation 6 of the Airspace Regulations 2007 to be a prohibited area.

provisionally certificated aircraft means an aircraft for which a provisional certificate of airworthiness is in force.

public transport service means a service for the carriage of persons or cargo for hire or reward.

radiocommunication system means equipment that is capable of maintaining two‑way voice communication through the aeronautical mobile radio service.

radio navigation aid means an installation on the ground that emits radio signals on specified frequencies.

radio navigation system means equipment carried on, or installed in, an aircraft for the purpose of navigating the aircraft by reference to the signals emitted by a radio navigation aid.

radiotelephonic language means:

                     (a)  the words and phrases that CASA has directed under regulation 82A must be used in communicating by radiotelephone; and

                     (b)  the voice techniques commonly applied to radiotelephonic communication;

with, or in relation to, an aircraft.

Regional Air Navigation Agreement means a Regional Air Navigation Agreement approved by decision of the Council of the International Civil Aviation Organisation.

regular aerodrome means an aerodrome which is listed in the flight plan as an aerodrome of intended landing.

relevant airworthiness standards means:

                     (a)  for an aircraft that conforms to a type certificate issued, or taken to have been issued, under regulation 21.013A or 21.029 of CASR—the airworthiness standards included in the type certification basis for the aircraft; or

                     (b)  for an aircraft for which a type acceptance certificate has been issued, or is taken to have been issued, under regulation 21.029A of CASR—the airworthiness standards that the aircraft had to meet for the issue of the foreign type certificate that was the basis for issuing the type acceptance certificate.

Note:          For type certification basis and foreign type certificate see the Dictionary at the end of CASR.

reporting point means a specified geographical location in relation to which the position of an aircraft can be reported.

restricted area means an area declared under regulation 6 of the Airspace Regulations 2007 to be a restricted area.

rotorcraft means a heavier‑than‑air aircraft supported in flight by the reaction of the air on one or more rotors on substantially vertical axes.

route sector means a route, or portion of a route, flown without an intermediate landing.

route segment means a route, or portion of a route, usually flown without an intermediate stop.

RVSM airspace means any of the following:

                     (a)  the airspace, at or above flight level 290, identified in AIP to be airspace where a vertical separation minimum of 1 000 feet applies;

                     (b)  the airspace, at or above flight level 290, designated, or otherwise recognised, by the competent authority of a foreign country to be airspace where a vertical separation minimum of 1 000 feet applies;

                     (c)  airspace, at or above flight level 290, where a vertical separation of 1 000 feet applies under the terms of a Regional Air Navigation Agreement.

RVSM airworthiness approval has the meaning given by regulation 181C.

RVSM airworthiness approved aircraft means:

                     (a)  an Australian aircraft for which an RVSM airworthiness approval is in force; or

                     (b)  a foreign aircraft for which an RVSM foreign airworthiness approval is in force.

RVSM foreign airworthiness approval has the meaning given by regulation 181D.

RVSM operational approval has the meaning given by regulation 181E.

secondary surveillance radar transponder means equipment that:

                     (a)  is carried on, or installed in, an aircraft; and

                     (b)  can respond to radio signals transmitted to the aircraft by ground radar and relay information about the aircraft’s operations including the following:

                              (i)  the identity of the aircraft;

                             (ii)  the position of the aircraft;

                            (iii)  the altitude of the aircraft.

self‑contained navigation system means a navigation system which:

                     (a)  is carried on, or installed in, an aircraft; and

                     (b)  determines the position of the aircraft without reference to externally generated radio signals.

servicing, in relation to an aircraft, means preparing the aircraft for flight, and includes providing the aircraft with fuel and other fluids that are necessary for its operation, but does not include any work that is maintenance.

signal area means a selected part of an aerodrome used for the display of ground signals so that they will be visible to aircraft in the air.

State includes the Northern Territory.

synthetic flight trainer means a flight simulator, a flight training device, or a synthetic trainer.

Note 1:       For definitions of flight simulator and flight training device, see the CASR Dictionary.

Note 2:       Standards for flight simulators and flight training devices are set out in the document called ‘Manual of Standards (MOS) – Part 60’ published by CASA.

Note 3:       Standards for synthetic trainers are set out in the document called ‘FSD‑2 Operational Standards and Requirements – Approved Synthetic Trainers’ published by CASA.

synthetic trainer means a ground training device, other than a flight simulator or a flight training device, that simulates or represents flight conditions, aircraft characteristics and a cockpit environment.

taxi speed means the speed at which an aeroplane manoeuvres on the surface of an aerodrome under its own power when it is neither taking‑off nor landing.

Territory does not include the Northern Territory.

the Convention means the Chicago Convention.

the Director of Meteorology means the Director of Meteorology under the Meteorology Act 1955.

these Regulations includes CASR.

time‑lifed aircraft component means an aircraft component (including an engine or propeller) that:

                     (a)  the manufacturer of the component; or

                     (b)  if the component has been modified—the designer of the modification; or

                     (c)  CASA;

has instructed must be retired or overhauled or removed from an aircraft within a particular period.

track means the projection on the earth’s surface of the path of an aircraft, the direction of which at any point is usually expressed in degrees from North (true or magnetic).

traffic advisory service means a service provided by air traffic control for the purpose of giving traffic information and advice, except traffic avoidance advice, to help a pilot avoid a collision.

traffic avoidance advice means advice provided by air traffic control specifying manoeuvres to help a pilot avoid a collision.

traffic information means information issued by air traffic control or Flight Service to alert the pilot of an aircraft to other aircraft that may be close to the position, or the intended route, of his or her aircraft, so as to help the pilot avoid a collision.

traffic pattern means the path over the ground of aircraft in flight in the vicinity of an aerodrome during the execution of take‑offs and landings and their paths when manoeuvring on the manoeuvring area.

unlawful interference with aviation has the same meaning as in section 3AE of the Air Navigation Act 1920.

vertical plane, in relation to an aeroplane, means a plane perpendicular to the horizontal plane.

V.F.R. is the symbol used to designate the Visual Flight Rules prescribed in Part 12.

V.F.R. flight means a flight conducted in accordance with Visual Flight Rules prescribed in Part 12.

V.F.R. operation means an operation conducted under Visual Flight Rules prescribed in Part 12.

visibility means the ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night.

V.M.C. is the symbol used to denote meteorological conditions in which the flight visibility and distances from cloud during a flight are equal to, or greater than, the applicable distances determined by the Authority under subregulation 172(2).

             (2)  The Authority may direct that any part, equipment or apparatus for an aircraft shall, for the purposes of these Regulations, be deemed not to be an aircraft component.

          (2A)  A reference in these Regulations to maintenance on an aircraft includes a reference to maintenance on aircraft components and aircraft materials.

          (2B)  A reference in these Regulations to an aircraft component, or aircraft material, included in an aircraft includes a reference to an aircraft component or aircraft material that is usually included in the aircraft but that has been temporarily removed from the aircraft for any purpose (including for the purpose of having maintenance carried out).

          (2C)  For the purposes of these Regulations, an aircraft is certificated as a transport category aircraft if:

                     (a)  there is a certificate of airworthiness in force in relation to the aircraft; and

                     (b)  the certificate includes a statement to the effect that the certificate is issued in the transport category.

          (2D)  For the purposes of CAR, the categories of maintenance are as follows:

                     (a)  maintenance on aircraft airframes;

                     (b)  maintenance on aircraft engines;

                     (c)  maintenance on aircraft radio systems;

                     (d)  maintenance on aircraft electrical systems;

                     (e)  maintenance on aircraft instruments.

             (3)  In Division 2 of Part 11 and in Parts 12 and 13, unless the contrary intention appears:

landing includes alighting on the water and to land has a corresponding meaning.

rule means a rule prescribed by a regulation contained in that Division or those Parts and the rules has a corresponding meaning.

visible, in relation to lights, means visible on a dark night with a clear atmosphere.

             (4)  For the purposes of Division 2 of Part 11 and Parts 12 and 13, an aircraft shall be deemed to be:

                     (a)  on the surface of the water when any part of the aircraft is in contact with the water;

                     (b)  making way if, being under way in the air or on the surface of the water, it has a velocity relative to the air or the water, as the case may be;

                     (c)  under command when it is able to manoeuvre as required by the rules contained in the provisions of Division 2 of Part 11 and in the provisions of Parts 12 and 13 or by the International Regulations for Preventing Collisions at Sea as set forth in Schedule 3 to the Navigation Act 1920;

                     (d)  under way if, being in the air or on the surface of the water, it is not aground or moored to the ground or to any fixed object on the land or in the water.

             (5)  Where any rule contained in the provisions of Division 2 of Part 11 or in the provisions of Parts 12 and 13 contains a provision similar to that of a rule contained in the Rules of the Air adopted in pursuance of the Convention, but a distance which in the last‑mentioned rule is expressed by kilometres, metres or centimetres (as the case may be) is in the first‑mentioned rule expressed in miles, feet or inches, an aircraft which, in respect of that distance, complies with the last‑mentioned rule shall also be deemed to comply with the first‑mentioned rule.

             (6)  For the purposes of these Regulations, an aircraft shall be classified in accordance with the type of operations in which it is being employed at any time, as follows:

                     (a)  when an aircraft is being employed in aerial work operations, it shall be classified as an aerial work aircraft;

                     (b)  when an aircraft is being employed in charter operations, it shall be classified as a charter aircraft;

                     (c)  when an aircraft is being employed in regular public transport operations, it shall be classified as a regular public transport aircraft;

                     (d)  when an aircraft is being employed in private operations, it shall be classified as a private aircraft.

             (7)  For the purposes of these Regulations:

                     (a)  an aircraft that is flying or operating for a commercial purpose referred to in paragraph 206(1)(a) shall be taken to be employed in aerial work operations;

                     (b)  an aircraft that is flying or operating for a commercial purpose referred to in paragraph 206(1)(b) shall be taken to be employed in charter operations;

                     (c)  an aircraft that is flying or operating for the commercial purpose referred to in paragraph 206(1)(c) shall be taken to be employed in regular public transport operations; and

                     (d)  an aircraft that is flying or operating for the purpose of, or in the course of:

                              (i)  the personal transportation of the owner of the aircraft;

                             (ii)  aerial spotting where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the spotting is conducted;

                            (iii)  agricultural operations on land owned and occupied by the owner of the aircraft;

                            (iv)  aerial photography where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the photography is conducted;

                             (v)  the carriage of persons or the carriage of goods without a charge for the carriage being made other than the carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft;

                           (va)  the carriage of persons in accordance with subregulation (7A);

                            (vi)  the carriage of goods otherwise than for the purposes of trade;

                           (vii)  flight training, other than the following:

                                        (A)  Part 141 flight training (within the meaning of regulation 141.015 of CASR);

                                        (B)  Part 142 flight training (within the meaning of regulation 142.015 of CASR);

                                        (C)  balloon flying training (within the meaning of subregulation 5.01(1)) for the grant of a balloon flight crew licence or rating; or

                          (viii)  any other activity of a kind substantially similar to any of those specified in subparagraphs (i) to (vi) (inclusive);

                            shall be taken to be employed in private operations.

          (7A)  An aircraft that carries persons on a flight, otherwise than in accordance with a fixed schedule between terminals, is employed in a private operation if:

                     (a)  public notice of the flight has not been given by any form of public advertisement or announcement; and

                     (b)  the number of persons on the flight, including the operating crew, does not exceed 6; and

                     (c)  no payment is made for the services of the operating crew; and

                     (d)  the persons on the flight, including the operating crew, share equally in the costs of the flight; and

                     (e)  no payment is required for a person on the flight other than a payment under paragraph (d).

          (7B)  For these Regulations, an unmanned aircraft that is operating in accordance with Part 101 of CASR, or an approval granted by CASA under that Part, is employed in an aerial work operation.

             (8)  For the purposes of these Regulations, civil air operations are divided into the classes of operations referred to in subregulation (7).

             (9)  Any reference in these Regulations to the owner of an aircraft must, where under a contract of hire or charter agreement the control, maintenance and operation of the aircraft is vested in the hirer, be read as a reference to the hirer.

           (10)  A reference in these Regulations to height shall be read as a reference to:

                     (a)  the vertical distance of a level or a point, or if an object is specified, that object considered as a point, measured from the datum specified in connection with the reference, or where no datum is specified, measured from the ground or water; or

                     (b)  the vertical dimension of an object;

as the case requires.

           (11)  For the purposes of these Regulations, any reference to endorsement in a licence or other document shall be read as a reference to endorsement on the document, and matter shall be deemed to be endorsed on a document if it is written on any part of the document.

2AA  Meaning of ANZA mutual recognition agreements (Act s 3)

                   The arrangements, identified for the purposes of the definition of ANZA mutual recognition agreements in section 3 of the Act, are:

                     (a)  the arrangement set out in the document entitled ‘Arrangement between the Australian and New Zealand Governments on Mutual Recognition of Aviation‑Related Certification’, signed at Wellington on 13 February 2007; and

                     (b)  the arrangement set out in the document entitled ‘Operational Arrangement between the Civil Aviation Safety Authority of Australia and the Civil Aviation Authority of New Zealand in relation to mutual recognition of Air Operator Certificates’, signed on 16 March 2007.

2A  Approved maintenance data

             (1)  Subject to subregulation (3), the approved maintenance data for an aircraft, aircraft component or aircraft material consists of the requirements, specifications and instructions that are:

                     (a)  contained in the maintenance data set out in subregulation (2); and

                     (b)  applicable to the maintenance of the aircraft, aircraft component or aircraft material, as the case requires.

             (2)  For the purposes of paragraph (1)(a), the maintenance data are:

                     (a)  requirements in:

                              (i)  regulations 42U, 42W, 42X, 42Y, 42Z and 42ZA or in instruments made under those regulations; and

                             (ii)  directions (however described) made under an airworthiness directive or under regulation 25, 38 or 44;

                            being requirements that specify how maintenance on aircraft, aircraft components or aircraft materials is to be carried out; and

                     (b)  specifications of how maintenance on an aircraft, aircraft component or aircraft material is to be carried out, in documents or designs approved under another provision of these Regulations; and

                     (c)  instructions, issued by the manufacturers of aircraft, aircraft components or aircraft materials, that specify how maintenance on the aircraft, components or materials is to be carried out; and

                     (d)  instructions, issued by the designers of modifications of aircraft or aircraft components, that specify how maintenance on the aircraft or components is to be carried out; and

                     (e)  any other instructions, approved by CASA under subregulation (4) for the purposes of this paragraph, relating to how maintenance on aircraft, aircraft components or aircraft materials is to be carried out.

             (3)  CASA may, for the purpose of ensuring the safety of air navigation, declare in writing that an instruction mentioned in paragraph (2)(c) or (d) that CASA thinks is deficient is not included in the approved maintenance data for an aircraft, aircraft component or aircraft material.

             (4)  CASA may, for the purposes of paragraph (2)(e), approve instructions relating to how maintenance on aircraft, aircraft components or aircraft material is to be carried out.

2B  Powers to issue directions etc

             (1)  If:

                     (a)  a provision of these Regulations refers to a prescribed act done by CASA or an authorised person; and

                     (b)  there is no provision of the Act or these Regulations expressly authorising CASA or an authorised person to do the act;

the provision mentioned in paragraph (a) is taken to authorise CASA or an authorised person, as the case may be, to do the act.

             (2)  For the purposes of this regulation, CASA or an authorised person is taken to do a prescribed act if CASA or the authorised person issues, gives or grants a direction, instruction, notification, exemption, permission, approval or authority, or does any other act or thing.

2C  How to read CASR

             (1)  CASR is to be read with, and as if it formed part of, CAR.

             (2)  However, if there is any inconsistency between CAR and CASR, CASR prevails to the extent of the inconsistency.

3  Application of regulations

             (1)  Subject to these Regulations, these Regulations apply to and in relation to:

                     (a)  international air navigation within Australian territory;

                     (b)  air navigation in relation to trade and commerce with other countries and among the States;

                     (c)  air navigation within the Territories;

                     (d)  air navigation to or from the Territories;

                     (e)  air navigation in which a Commonwealth aircraft is engaged;

                      (f)  air navigation in controlled air space that is of a kind not specified in paragraph (a), (b), (c), (d) or (e) but directly affects, or may endanger, the safety of persons or aircraft engaged in:

                              (i)  air navigation of a kind specified in paragraph (a), (b), (d) or (e); or

                             (ii)  air navigation in which a military aircraft is engaged; and

                     (g)  all air navigation within Australian territory of a kind not specified in paragraph (a), (b), (c), (d) or (e).

             (2)  Except where otherwise prescribed, the provisions of these Regulations shall apply to and in relation to Australian aircraft engaged in air navigation outside Australian territory.

             (3)  When an Australian aircraft is flying over the high seas, the provisions of Annex 2 to the Convention shall apply to and in relation to that aircraft and that flight in substitution for the corresponding provisions of these Regulations relating to the flight and manoeuvre of aircraft.

             (4)  CASA shall notify in the AIP any differences between the provisions of these Regulations relating to the flight and manoeuvre of aircraft and the provisions of Annex 2 to the Convention.

             (5)  Subject to these Regulations, these Regulations do not apply to or in relation to state aircraft or to military aerodromes.

             (6)  Notwithstanding the provisions of subregulation (5), the provisions of these Regulations relating to flight and manoeuvre of aircraft and the licensing of personnel apply to and in relation to a flight by an Australian military aircraft where the aircraft is flown by a person other than a member of the Defence Force.

Part 2Administration and organisation

  

4  CASA

             (1)  CASA shall, subject to the directions of the Minister, be charged with the administration of these Regulations, and shall exercise and perform the powers and functions conferred on CASA by these Regulations.

             (2)  CASA shall maintain close liaison with the Department of Defence in matters of common interest.

5  Civil Aviation Orders

             (1)  This regulation applies if CASA is empowered or required under these Regulations:

                     (a)  to issue a direction, instruction or notification; or

                     (b)  to give a permission, approval or authority.

          (1A)  CASA may, unless the contrary intention appears in the regulation conferring the power or function or imposing the obligation or duty, issue the direction, instruction or notification or give the permission, approval or authority in Civil Aviation Orders or otherwise in writing.

             (2)  Expressions used in Civil Aviation Orders shall, unless the contrary intention appears, have the same meanings as in these Regulations.

             (3)  If a direction, instruction or notification relating to a person is issued in Civil Aviation Orders, the direction, instruction or notification, as the case may be, is taken to have been served on the person on the date on which the making of the Order is registered on the Federal Register of Legislation.

6  Authorised persons

             (1)  CASA may, in writing:

                     (a)  appoint a person to be an authorised person for the purposes of a provision of these Regulations in which the expression ‘authorised person’ occurs; or

                     (b)  appoint persons included in a class of persons to be authorised persons for the purposes of a provision of these Regulations in which the expression ‘authorised person’ occurs.

             (2)  An appointment under subregulation (1) may be made subject to such conditions as are specified in the instrument of appointment.

6A  Identity cards

             (1)  CASA must issue an identity card to an authorised person:

                     (a)  appointed under regulation 6 for the purposes of any 1 or more of the following provisions:

                              (i)  subregulation 30(4);

                             (ii)  subregulation 33(2);

                            (iii)  regulation 43A;

                            (iv)  regulation 50D;

                             (v)  regulation 53;

                          (viii)  regulation 227;

                            (ix)  regulation 290;

                             (x)  regulation 302;

                            (xi)  regulation 310B; or

                     (b)  acting under regulation 305.

             (2)  An identity card must:

                     (a)  bear a recent photograph of the person; and

                     (b)  identify whichever of the provisions referred to in subregulation (1) is relevant; and

                     (c)  be in a form approved, in writing, by CASA.

             (3)  If a person issued with an identity card stops being an authorised person for the purposes of all or any provision identified in it, the person must return the card to CASA within 7 days of the person stopping being an authorised person.

Penalty:  1 penalty unit.

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

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

          (3B)  It is a defence to a prosecution under subregulation (3) if the defendant returned the identity card to CASA as soon as practicable.

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

             (4)  If a person returns an identity card because he or she has stopped being an authorised person for the purposes of only some of the provisions identified in it, CASA must, as soon as practicable, issue to the person a new identity card under subregulation (1) identifying the provisions for the purposes of which the person is still appointed as an authorised person.

Part 4Airworthiness requirements

Division 2Foreign operators

29  Damage etc to aircraft of a Contracting State

             (1)  Where an aircraft possessing the nationality of a Contracting State is in Australian territory and is found to have suffered major damage or to have developed a major defect, CASA may direct that the aircraft shall not fly.

             (2)  Where CASA gives a direction under this regulation, CASA shall furnish to the appropriate authority of the Contracting State a notification of the action taken by CASA and a report of the damage or defect, as the case may be.

             (3)  CASA may, unless CASA considers that it would be detrimental to the safety of air navigation to do so, revoke a direction given under this regulation if the appropriate authority of the Contracting State notifies CASA that the appropriate authority:

                     (a)  has revoked any suspension of the certificate of airworthiness of the aircraft to which the direction relates that the appropriate authority had imposed;

                     (b)  considers that the damage or defect by reason of which the direction was given is not of such a nature as to prevent the aircraft from fulfilling the minimum requirements of safety adopted in pursuance of the Convention; or

                     (c)  considers that, in the circumstances of the case, the aircraft to which the direction relates should be permitted to fly without passengers to a place at which the necessary repairs or modifications can be made.

             (4)  In revoking a direction under this regulation, CASA may give a further direction imposing such conditions on the operation of the aircraft as are notified to CASA by the appropriate authority referred to in subregulation (3).

             (5)  A direction given under this regulation does not have effect in relation to a person until it has been served:

                     (a)  on the person; or

                     (b)  if the direction cannot be served on the person—by affixing the direction to the aircraft to which it relates.

             (6)  A person must not fly an aircraft in contravention of a direction, or any condition imposed by a direction, given under this regulation.

Penalty:  50 penalty units.

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

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

Division 3Certificates of approval, aircraft maintenance engineer licences, airworthiness authorities and aircraft welding authorities

29A  Interpretation

             (1)  In this Division:

aircraft welding examination means a welding examination:

                     (a)  based on examination materials published by CASA in a document called ‘Aircraft Welding Examinations’ as in force from time to time; and

                     (b)  conducted by CASA or an authorised person.

welding training means practical and theoretical training that:

                     (a)  is based on Australian Standard AS 1796 as in force from time to time; and

                     (b)  is conducted by an organisation that carries out training in welding.

             (2)  For the purposes of this Division, the types of manual welding are as follows:

                     (a)  type 1—gas welding;

                     (b)  type 2—braze welding;

                     (c)  type 3—manual metal arc welding;

                     (d)  type 4—gas tungsten arc welding;

                     (e)  type 5—gas metal arc welding;

                      (f)  type 6—plasma arc welding.

             (3)  For the purposes of this Division, the parent metal groups are as follows:

                     (a)  group 1—aluminium alloys;

                     (b)  group 2—magnesium alloys;

                     (c)  group 3—carbon steel and low alloy steels;

                     (d)  group 4—corrosion and heat resisting steels;

                     (e)  group 5—nickel alloys;

                      (f)  group 6—copper‑based alloys;

                     (g)  group 7—titanium alloys.

30  Certificates of approval

             (1)  Subject to subregulation (1A), a person engaged, or intending to engage, in any stage of distribution or maintenance of aircraft, aircraft components or aircraft materials may apply to CASA for a certificate of approval in respect of those activities.

          (1A)  A person may make an application under subregulation (1) in relation to the maintenance of an aircraft or an aeronautical product only if Part 42 of CASR does not apply to the aircraft or aeronautical product.

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

                     (a)  set out the following:

                              (i)  a statement of the activities to be covered by the certificate, including any training or assessment in the maintenance of aircraft, aircraft components or aircraft materials that the applicant intends to conduct;

                             (ii)  the address of the main place (if any) at which the applicant proposes to carry out those activities;

                            (iii)  the number of appropriately qualified or experienced persons employed by the applicant who will be involved in carrying out those activities; and

                     (b)  have with it evidence of:

                              (i)  the relevant qualifications and experience of the applicant and the applicant’s employees; and

                             (ii)  the facilities and equipment available to the applicant for the carrying out of the activities; and

                            (iii)  the arrangements made to ensure the applicant has, and will continue to receive, information necessary for the carrying out of those activities; and

                            (iv)  a system of quality control that satisfies the requirements of subregulation (2D); and

                     (c)  if maintenance of class A aircraft is an activity to be covered by the certificate—have with it a copy of the procedures manual, in which the system of quality control procedures must be set out, that the applicant proposes to use if the certificate of approval is granted.

          (2A)  CASA must grant the applicant a certificate of approval covering the activities to which the application relates if CASA is satisfied that the applicant is able to carry out the activities in a satisfactory manner.

          (2B)  In deciding whether it is satisfied as mentioned in subregulation (2A), CASA must have regard to:

                     (a)  the relevant qualifications and experience of the applicant and the applicant’s employees; and

                     (b)  the facilities and equipment available to the applicant for the carrying out of those activities; and

                     (c)  the arrangements made to ensure the applicant has, and will continue to receive, the information necessary for the carrying out of those activities; and

                     (d)  the applicant’s system of quality control; and

                     (e)  if the applicant is required by paragraph (2)(c) to have a procedures manual—the applicant’s procedures manual.

          (2C)  A certificate of approval is subject to:

                     (a)  a condition that each activity the certificate covers must only be carried out at a place where the facilities and equipment necessary for the proper carrying out of the activity are available to the holder of the certificate;

                     (b)  a condition that the activities the certificate covers must be carried out in accordance with a system of quality control that satisfies the requirements of subregulation (2D); and

                     (c)  if the certificate covers some or all of the following activities:

                           (vii)  the maintenance of aircraft;

                          (viii)  the maintenance of aircraft components;

                            (ix)  the maintenance of aircraft materials;

                            a condition that each of those activities that is covered by the certificate must be carried out under the control of a person appointed by the applicant to control the activities; and

                    (ca)  if the certificate covers training or assessment in the maintenance of aircraft, aircraft components or aircraft materials—a condition that the holder of the certificate must comply with the requirements (if any) prescribed by legislative instrument issued by CASA under regulation 30AA that apply to the holder; and

                     (d)  a condition that the holder of the certificate of approval must ensure that each person employed by, or working under an arrangement with, the holder receives adequate training in:

                              (i)  the work performed by the person for the purposes of the activities covered by the certificate; and

                             (ii)  the use of any equipment used in connection with that work.

          (2D)  A system of quality control must be in writing and must contain the following:

                     (a)  the procedures to be followed in connection with the carrying out of the activities covered by the certificate that, in particular, includes procedures for:

                              (i)  the control of the work carried out under the certificate; and

                             (ii)  the maintenance, control and calibration of equipment; and

                            (iii)  the control of stores;

                     (b)  a statement:

                              (i)  that sets out the places at which the activities covered by the certificate are, or will be, carried out and which activities are, or will be, carried out at each place; and

                             (ii)  that identifies any mobile facilities available to the certificate of approval holder for the carrying out of the activities covered by the certificate and which activities are, or will be, carried out using each mobile facility;

                     (c)  in relation to each activity covered by the certificate that is required, by paragraph (2C)(c), to be carried out under the control of a person—the name of the position occupied by the person who controls the carrying out of the activity;

                     (d)  a description of the applicant’s organisational structure, the responsibilities of employees within the structure and the procedures to be followed by the employees in undertaking the activities covered by the certificate;

                     (e)  a description of the resources for implementing quality management;

                      (f)  a description of the audit system applying to the system of quality control;

                     (g)  if the quality control system is set out in a procedures manual required under paragraph (2)(c)—a statement of the procedures to be followed in relation to the amendment of the procedures manual.

Note:          Australian Standards AS3900 to AS3904 provide guidance for the content of a system of quality control.

             (3)  CASA may, for the purpose of ensuring the safety of air navigation, include in a certificate of approval granted under this regulation an endorsement that the certificate is granted subject to a condition set out in the endorsement, in a document issued with the certificate of approval or in a specified Part or Section of Civil Aviation Orders.

          (3A)  A person must not contravene a condition to which a certificate of approval is subject.

Penalty:  25 penalty units.

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

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

          (3C)  It is a defence to a prosecution under subregulation (3A) if the defendant had a reasonable excuse.

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

             (4)  An authorised person may, at any time, for the purpose of ascertaining whether the activities to which a certificate of approval relates are being carried on in a satisfactory manner:

                     (a)  inspect any aircraft, aircraft component or aircraft material;

                     (b)  inspect any process or systems carried on by, any records maintained by or any documents in the possession of, the holder of the certificate of approval in connection with the activities to which the certificate of approval relates;

                     (c)  conduct any tests that the authorised person considers necessary; and

                     (d)  require the holder of the certificate of approval to furnish to the authorised person such evidence as the authorised person requires:

                              (i)  of the qualifications and competence of the holder or of the qualifications and competence of the employees of the holder; or

                             (ii)  of the facilities at the disposal of the holder.

          (4A)  The holder of a certificate of approval must give to an authorised person the evidence required under paragraph (4)(d).

Penalty:  5 penalty units.

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

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

             (5)  An authorised person must produce his or her identity card for inspection while acting as an authorised person if asked to do so by:

                     (a)  the holder of the certificate of approval; or

                     (b)  a person:

                              (i)  who has control over any subject matter or thing specified in subregulation (4); or

                             (ii)  who apparently has control over any subject matter or thing specified in subregulation (4).

             (6)  Where an authorised person:

                     (a)  is acting as an authorised person; and

                     (b)  under subregulation (4), seeks to carry out an inspection, conduct a test or require evidence to be furnished or is carrying out an inspection, conducting a test or requiring evidence to be furnished; and

                     (c)  fails to produce his or her identity card for inspection when asked to do so;

that person:

                     (d)  is not authorised to carry out the inspection, conduct the test or require evidence to be furnished; and

                     (e)  if that person is carrying out one of those activities, must cease that activity immediately.

30AA  Provision of training and assessment in maintenance of aircraft etc.

                   For subsection 98(5A) of the Act, CASA may issue a legislative instrument prescribing requirements for the provision of training and assessment in the maintenance of aircraft, aircraft components or aircraft materials by holders of certificates of approval under regulation 30.

30A  Changes to certificates of approval

             (1)  The holder of a certificate of approval may, in writing, request CASA to approve a proposed change to any of the particulars specified in the certificate, including the activities covered by the certificate.

             (2)  The request must have with it a copy of the proposed change.

             (3)  CASA must approve the change if CASA is satisfied that, if the certificate of approval is changed in the manner proposed, the holder of the certificate will carry out the activities covered by the certificate in a satisfactory manner.

             (4)  In deciding whether it is satisfied as mentioned in subregulation (3), CASA must have regard to the matters referred to in subregulation 30(2B).

32  Period during which certificates of approval remain in force

                   CASA may specify in a certificate of approval the period during which the certificate is to remain in force.

33  Testing of competency of holder of licence or authority

             (1)  CASA may, at any time, require the holder of an airworthiness authority or an aircraft welding authority to undergo an examination designed to test his or her competency as such a holder.

             (2)  An authorised person may, at any time, inspect an aircraft or aircraft component for the purpose of ascertaining the competence and diligence of the holder of an airworthiness authority or an aircraft welding authority.

33B  Airworthiness authorities

             (1)  CASA may, in writing and in accordance with the Civil Aviation Orders, issue authorities of the following kinds:

                     (a)  authorities to carry out maintenance on aircraft;

                     (d)  authorities to conduct non‑destructive testing of aircraft and aircraft components;

                     (e)  authorities to weigh aircraft and determine the centre of gravity of each aircraft for the purpose of determining requirements to control the centre of gravity during operation.

             (2)  An airworthiness authority may be issued subject to conditions specified in the airworthiness authority, in Civil Aviation Orders or in both.

             (3)  If an airworthiness authority is issued subject to a condition in Civil Aviation Orders CASA must, in writing, notify the holder of the authority of the relevant Part or section of the Civil Aviation Orders in which the condition is specified.

             (4)  A person must not contravene a condition to which an airworthiness authority is subject.

Penalty:  50 penalty units.

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

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

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

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

33C  Application for aircraft welding authority

             (1)  A person may apply to CASA for an aircraft welding authority to carry out manual welding of a type, and on a parent metal group, mentioned in regulation 29A.

             (2)  An application must identify the type of manual welding and the parent metal group to which the application relates.

33D  Grant of aircraft welding authority

             (1)  CASA may grant an application for an aircraft welding authority if, and only if, satisfied that:

                     (a)  the applicant:

                              (i)  has passed the aircraft welding examinations that CASA considers necessary in the interests of the safety of air navigation; and

                             (ii)  has successfully completed welding training in the type of manual welding on the parent metal group to which the application relates; or

                     (b)  the applicant holds a current qualification, issued by the Defence Force or a recognised authority, authorising the applicant to carry out manual welding for aeronautical purposes.

             (2)  Subject to this regulation, if an application is made for more than 1 type of manual welding and parent metal group, CASA may grant the application in respect of some of the types of manual welding and parent metal groups and refuse it in respect of others.

             (3)  CASA must not grant an application if satisfied, on reasonable grounds, that the applicant has knowingly or recklessly made a statement that is false or misleading in a material particular in relation to the application.

             (5)  CASA must not grant an aircraft welding authority except under this regulation.

             (6)  If CASA grants an aircraft welding authority, it must:

                     (a)  note the relevant type of manual welding and parent metal group on the authority; and

                     (b)  specify in the authority a period not longer than 2 years for which the authority is to remain in force.

             (7)  In this regulation:

recognised authority means an authority declared to be a recognised authority under regulation 33E.

33E  Recognised authorities

             (1)  For the purposes of regulation 33D, CASA may, in writing, declare an authority of a foreign country which issues qualifications for aeronautical purposes to be a recognised authority.

             (2)  A declaration must be published in the Gazette within 21 days after it is made.

33F  Duration of aircraft welding authority

             (1)  Unless sooner suspended or cancelled, an aircraft welding authority remains in force:

                     (a)  for the period specified in it; or

                     (b)  if it has been renewed—until the end of the last period of renewal.

             (2)  If an aircraft welding authority is cancelled, its holder must return it to CASA within 7 days after the cancellation.

Penalty:  5 penalty units.

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

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

             (4)  It is a defence to a prosecution under subregulation (2) if the defendant returned the aircraft welding authority to CASA as soon as practicable.

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

33G  Renewal of aircraft welding authority

             (1)  The holder of an aircraft welding authority may apply to CASA for renewal of the authority within 3 months before the authority stops being in force.

             (2)  An application must have with it the aircraft welding authority.

             (3)  CASA may renew an aircraft welding authority for a period not longer than 2 years if, and only if, satisfied that the applicant has passed the aircraft welding examinations that CASA considers necessary in the interests of the safety of air navigation.

             (4)  CASA must not grant an application for renewal if satisfied, on reasonable grounds, that the applicant has knowingly or recklessly made a false or misleading statement in relation to the application.

             (6)  CASA must not renew an aircraft welding authority except under this regulation.

             (7)  If CASA renews an aircraft welding authority:

                     (a)  it must note on the authority the period of the renewal; and

                     (b)  return the authority to the holder as soon as practicable after the renewal.

             (8)  If an application is not decided before the aircraft welding authority to which it relates would, but for this subregulation, stop being in force, the authority is taken to be in force until the day the application is decided.

33H  Changes to aircraft welding authority

             (1)  The holder of an aircraft welding authority may request CASA to approve a proposed change to any of the particulars set out in the authority.

             (2)  A request must:

                     (a)  be in the approved form; and

                     (b)  have with it the aircraft welding authority.

             (3)  Subject to subregulation (4), CASA may approve the change if satisfied that the change will not have an adverse effect on the safety of air navigation.

             (4)  If the change involves adding a type of manual welding or parent metal group, CASA may approve the change if, and only if, satisfied that the holder:

                     (a)  has passed the aircraft welding examinations that CASA considers necessary in the interests of the safety of air navigation; and

                     (b)  has successfully completed welding training in the type of manual welding on the parent metal group to which the request relates.

             (5)  CASA must not approve a request for a change if satisfied, on reasonable grounds, that the holder has knowingly or recklessly made a false or misleading statement in relation to the request.

             (7)  CASA must not approve a change except under this regulation.

             (8)  If CASA approves a change to an aircraft welding authority, it must note the change on the authority.

             (9)  CASA must return an aircraft welding authority to its holder as soon as practicable after a request to approve a change is decided.

33I  Conditions of aircraft welding authority

             (1)  An aircraft welding authority is subject to any conditions that CASA considers necessary to impose in the interests of the safety of air navigation.

             (2)  A condition must be set out in the aircraft welding authority.

             (3)  The holder of an aircraft welding authority must not contravene a condition set out in the authority.

Penalty:  50 penalty units.

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

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

             (5)  It is a defence to a prosecution under subregulation (3) if the defendant had a reasonable excuse.

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

Division 4Miscellaneous

37  Permissible unserviceabilities

             (1)  CASA may, for the purposes of these Regulations, approve a defect in, an Australian aircraft, or any aircraft included in a class of aircraft, as a permissible unserviceability in relation to the aircraft or to Australian aircraft included in the class of aircraft, as the case may be.

             (2)  CASA may, for the purpose of ensuring the safety of air navigation, direct that the use of an Australian aircraft with a permissible unserviceability is subject to such conditions as are set out in the direction.

          (2A)  A person must comply with a condition set out in a direction.

Penalty:  50 penalty units.

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

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

             (3)  A direction given under subregulation (2) does not have effect in relation to a person until it has been served on the person.

Part 4AMaintenance

Division 1Maintenance directions by CASA

38  Maintenance directions

             (1)  CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation.

             (2)  A direction is not binding on a person unless it has been served on the person.

             (3)  A person must not contravene a direction that is binding on the person.

Penalty:  50 penalty units.

             (4)  If a direction relating to an aircraft is binding on the holder of the certificate of registration for the aircraft, the holder must take reasonable steps to ensure the direction is brought to the attention of any person who is likely to fly, or issue a maintenance release for, the aircraft.

Penalty:  50 penalty units.

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

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

Division 2Maintenance for which holder of certificate of registration responsible

Subdivision 1Class A aircraft

39  Maintenance required by approved system of maintenance

             (1)  The holder of the certificate of registration for a class A aircraft must ensure that all maintenance required to be carried out on the aircraft (including any aircraft components from time to time included in or fitted to the aircraft) by the aircraft’s approved system of maintenance is carried out when required by that system.

Penalty:  50 penalty units.

             (2)  A person must not use a class A aircraft in an operation if there is not an approved system of maintenance for the aircraft that includes provision for the maintenance of all aircraft components from time to time included in, or fitted to, the aircraft.

Penalty:  50 penalty units.

Note:          A system of maintenance is approved under regulation 42M.

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

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

40  Defective or inappropriate systems of maintenance

                   If the approved system of maintenance for a class A aircraft is:

                     (a)  no longer appropriate; or

                     (b)  defective;

within 7 days of becoming aware of the inappropriate aspect or the defect, the holder of the certificate of registration for the aircraft must make a request under regulation 42P for CASA or an authorised person to approve changes to the system to ensure that it is appropriate and not defective.

Penalty:  25 penalty units.

Subdivision 2Class B aircraft

41  Maintenance schedule and maintenance instructions

             (1)  The holder of the certificate of registration for a class B aircraft must ensure that all maintenance required to be carried out on the aircraft (including any aircraft components from time to time included in or fitted to the aircraft) by the aircraft’s maintenance schedule is carried out when required by that schedule.

Penalty:  50 penalty units.

             (2)  A person must not use a class B aircraft in an operation if there is not a maintenance schedule for the aircraft that includes provision for the maintenance of all aircraft components from time to time included in, or fitted to, the aircraft.

Penalty:  50 penalty units.

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

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

42  Defective or inappropriate maintenance schedule

                   If the maintenance schedule for a class B aircraft is defective or no longer appropriate, the holder of the certificate of registration for the aircraft, within 7 days after becoming aware of the defect, or that the schedule is inappropriate, must report the situation to CASA and take one of the following actions to ensure that the aircraft has a maintenance schedule that is appropriate and not defective:

                     (a)  if the aircraft’s maintenance schedule is the manufacturer’s maintenance schedule:

                              (i)  elect to use the CASA maintenance schedule as the aircraft’s maintenance schedule; or

                             (ii)  under regulation 42J, request CASA or an authorised person to approve a system of maintenance for the aircraft;

                     (b)  if the aircraft’s maintenance schedule is the CASA maintenance schedule:

                              (i)  elect to use the manufacturer’s maintenance schedule as the maintenance schedule for the aircraft; or

                             (ii)  under regulation 42J, request CASA or an authorised person to approve a system of maintenance for the aircraft;

                     (c)  if the aircraft’s maintenance schedule is an approved system of maintenance:

                              (i)  under regulation 42P, request CASA to approve a proposed change to the system; or

                             (ii)  elect to use the manufacturer’s maintenance schedule as the maintenance schedule for the aircraft; or

                            (iii)  elect to use the CASA maintenance schedule as the maintenance schedule for the aircraft.

Penalty:  25 penalty units.

42A  Maintenance schedule: manufacturer’s maintenance schedule

             (1)  Subject to subregulations (2), (3), (4) and (5), if:

                     (a)  the holder of the certificate of registration for a class B aircraft has elected to use a manufacturer’s maintenance schedule for the aircraft’s maintenance; and

                     (b)  the election is in force; and

                     (c)  use of the manufacturer’s maintenance schedule for the aircraft’s maintenance is not prohibited by a declaration under subregulation (6);

the aircraft’s maintenance schedule is the manufacturer’s maintenance schedule as in force from time to time.

             (2)  If CASA thinks that a manufacturer’s maintenance schedule should not, alone, be used as an aircraft’s maintenance schedule because the manufacturer’s maintenance schedule is deficient in a particular respect, the following provisions have effect:

                     (a)  CASA may, for the purpose of remedying the deficiency, do either or both of the following:

                              (i)  give directions under subregulation 38(1) to be complied with in relation to aircraft in addition to the requirements of the manufacturer’s maintenance schedule;

                             (ii)  give directions under subregulation 38(1) requiring the holders of certificates of registration for aircraft to prepare documents to be complied with in relation to aircraft in addition to the requirements of the manufacturer’s maintenance schedule;

                     (b)  if an election to use the manufacturer’s maintenance schedule as an aircraft’s maintenance schedule is in force:

                              (i)  any directions under subparagraph (a)(i) in force in relation to the manufacturer’s maintenance schedule are to be taken to form part of the aircraft’s maintenance schedule and the election has effect accordingly; and

                             (ii)  any documents prepared because of a direction under subparagraph (a)(ii) in force in relation to the manufacturer’s maintenance schedule are to be taken to form part of the aircraft’s maintenance schedule and the election has effect accordingly.

             (3)  If:

                     (a)  a person has elected to use a manufacturer’s maintenance schedule for an aircraft’s maintenance; and

                     (b)  either:

                              (i)  the aircraft has been modified or repaired; or

                             (ii)  an aircraft component included in, or fitted to, the aircraft has been modified or repaired;

all instructions for the continued airworthiness of the aircraft, or of the component, as the case requires, issued by the designer of the modification or repair are to be taken to form part of the manufacturer’s maintenance schedule and the election has effect accordingly.

             (4)  If a person has elected to use a manufacturer’s maintenance schedule for an aircraft’s maintenance, all instructions issued by the manufacturers of aircraft components permanently, or from time to time, included in, or fitted to, the aircraft, being instructions for the continued airworthiness of the components, are to be taken to form part of the manufacturer’s maintenance schedule and the election has effect accordingly.

             (5)  If:

                     (a)  a person has elected to use a manufacturer’s maintenance schedule for an aircraft’s maintenance; and

                     (b)  the manufacturer’s maintenance schedule does not include provisions equivalent to the sections of the CASA maintenance schedule that deal with the maintenance of electrical, instrument and radio systems;

those sections of the CASA maintenance schedule are to be taken to form part of the manufacturer’s maintenance schedule and the election has effect accordingly.

             (6)  CASA may, for the purpose of ensuring the safety of air navigation, declare in writing that a manufacturer’s maintenance schedule that CASA thinks is inadequate must not be used as an aircraft’s maintenance schedule.

42B  Maintenance schedule: CASA maintenance schedule

             (1)  Subject to subregulation (2), if:

                     (a)  the holder of the certificate of registration for a class B aircraft that is an aeroplane has elected to use the CASA maintenance schedule for the aircraft’s maintenance; and

                     (b)  the election is in force;

the aircraft’s maintenance schedule is the CASA maintenance schedule.

             (2)  If:

                     (a)  a person has elected to use the CASA maintenance schedule for an aircraft’s maintenance; and

                     (b)  a turbine engine is included in the aircraft;

all instructions issued by the manufacturer of the engine for the continued airworthiness of the engine are to be taken to form part of the CASA maintenance schedule and the election has effect accordingly.

42C  Maintenance schedule: approved system of maintenance

                   If:

                     (a)  CASA or an authorised person has approved a system of maintenance for a class B aircraft under regulation 42M; and

                     (b)  the approval is in force;

the aircraft’s maintenance schedule is the approved system of maintenance.

42CA  Maintenance schedule—primary, intermediate, restricted or limited category aircraft

             (1)  The maintenance schedule for a class B aircraft certificated under subpart 21.B or 21.H of Part 21 of CASR in the primary, intermediate, restricted or limited category (except an aircraft mentioned in subparagraph 21.189(1)(a)(ii) of CASR) is the approved maintenance schedule developed in consultation with CASA during the certification process.

             (2)  The maintenance schedule for an aircraft mentioned in subparagraph 21.189(1)(a)(ii) of CASR is the approved maintenance schedule developed, in consultation with CASA or a limited category organisation, by the applicant for the special certificate of airworthiness for the aircraft under regulation 21.189 of CASR.

             (3)  For this regulation, an aircraft is certificated in a particular category if it was manufactured in accordance with a type certificate in the category, or if a certificate of airworthiness in the category is in force for the aircraft.

42CB  Maintenance—experimental aircraft

                   The holder of the certificate of registration for a class B aircraft that is an experimental aircraft must maintain the aircraft in accordance with any conditions to which the certificate is subject under regulation 21.195A of CASR.

42D  Can there be more than one maintenance schedule?

                   If, apart from this regulation, there would be more than one maintenance schedule for an aircraft, the maintenance schedule for the aircraft is:

                     (a)  if:

                              (i)  CASA has approved a system of maintenance for the aircraft under regulation 42M; and

                             (ii)  the system was submitted for approval because of a direction by CASA; and

                            (iii)  the approval is still in force;

                            that approved system of maintenance; and

                     (b)  in any other case—the maintenance schedule that the holder of the certificate of registration for the aircraft has most recently elected to use, or that CASA has most recently approved, as the case may be.

42E  Elections

             (1)  An election made for the purposes of subregulation 42A(1) or 42B(1) must be made by completing the appropriate approved form and giving it to CASA.

             (2)  An election stops being in force if the person who made it revokes it by written notice given to CASA.

42F  Effect of change of holder of certificate of registration

                   If there is a change of holder of the certificate of registration for a class B aircraft, an election under subregulation 42A(1) or 42B(1) that was in force immediately before the change has effect (including for the purposes of subregulation 42E(2)) after the change as if it had been made by the new holder.

Subdivision 3Miscellaneous

42G  Flight control system: additional requirements

             (1)  This regulation sets out the additional requirements to be complied with if any part of the flight control system of an Australian aircraft is assembled, adjusted, repaired, modified or replaced in the course of carrying out maintenance on the aircraft.

             (2)  Subject to subregulation (4), the system must:

                     (a)  be inspected by the person who carried out the assembly, adjustment, repair, modification or replacement; and

                     (b)  be independently inspected by another person who is an appropriate person within the meaning of subregulation (5).

             (3)  A person carrying out an inspection must:

                     (a)  check that the assembly, adjustment, repair, modification or replacement was carried out in accordance with the aircraft’s approved maintenance data; and

                     (b)  check that the system functions correctly.

             (4)  In spite of subregulation (2), if:

                     (a)  optional dual controls were connected or disconnected without using tools; and

                     (b)  no other part of the flight control system was assembled, adjusted, repaired, modified or replaced;

the system does not have to be independently inspected.

             (5)  For the purposes of this regulation, a person is an appropriate person if:

                     (a)  the person holds an aircraft maintenance engineer licence or an airworthiness authority covering maintenance of a type that includes the inspection; or

                     (b)  the person is the holder of a pilot licence that is valid for the aircraft; or

                     (c)  the person is the holder of a flight engineer licence that is valid for the aircraft; or

                     (d)  the person is authorised by CASA or an authorised person under subregulation (6) to carry out the inspection and the inspection is carried out in accordance with any conditions subject to which the authorisation was given; or

                     (e)  in relation to an independent inspection performed overseas—the person is a person referred to in paragraph 42ZN(a).

             (6)  CASA or an authorised person may, in writing, authorise a person for the purposes of paragraph (5)(d).

             (7)  An authorisation is subject to any conditions that:

                     (a)  CASA or the authorised person, as the case may be, considers are necessary in the interests of the safety of air navigation; and

                     (b)  are included in the authorisation.

42H  Exemptions and variations

                   This Division has effect subject to Division 7 (‘Exemptions from, and variations of, requirements’).

Division 3Approved systems of maintenance

42J  System of maintenance: request for approval

             (1)  The holder of the certificate of registration for an Australian aircraft may, in writing, request CASA or an authorised person to approve a system of maintenance for the aircraft.

             (2)  The request must be accompanied by a copy of the system.

42K  System of maintenance: submission to CASA

                   CASA may, under regulation 38, direct the holder of the certificate of registration for a class B aircraft:

                     (a)  to develop a system of maintenance for the aircraft; and

                     (b)  to submit the proposed system to CASA for approval.

42L  System of maintenance: matters to be included

                   A system of maintenance for an aircraft must include:

                     (a)  a schedule that:

                              (i)  sets out the regular maintenance inspections, tests and checks to be carried out on the aircraft; and

                             (ii)  sets out when those maintenance inspections, tests and checks are to be carried out; and

                            (iii)  nominates one of the maintenance inspections referred to in subparagraph (i) as the inspection to be carried out for the purposes of determining whether a maintenance release should be issued for the aircraft; and

                     (b)  a schedule that sets out the inspection to be carried out on the aircraft if it has been struck by lightning and when that inspection is to be carried out; and

                     (c)  a schedule that sets out the inspection to be carried out on the aircraft if abnormal flight or ground loads have been imposed on the aircraft; and

                     (d)  a schedule that sets out the time‑lifed aircraft components included in the aircraft and when each of those components is to be retired, overhauled or removed; and

                     (e)  a schedule that sets out the procedures to be followed in carrying out the inspections, tests and checks required by the system of maintenance; and

                      (f)  if permissible unserviceabilities have been approved for the aircraft under subregulation 37(1) in the form of a minimum equipment list—that list; and

                     (g)  a statement that sets out:

                              (i)  the name of the holder of the certificate of registration for the aircraft; and

                             (ii)  the type, model and registration mark of the aircraft.

42M  System of maintenance: approval

             (1)  If:

                     (a)  CASA or an authorised person receives a request for approval of a system of maintenance; and

                     (b)  CASA or the authorised person is satisfied that:

                              (i)  the system includes the matters set out in regulation 42L; and

                             (ii)  the system adequately provides for the continued airworthiness of the aircraft;

CASA or the authorised person must approve the system.

             (2)  If, because of a direction of a kind referred to in regulation 42K, the holder of the certificate of registration for an aircraft submits a system of maintenance to CASA, the following provisions have effect:

                     (a)  if CASA is satisfied that:

                              (i)  the system includes the matters set out in regulation 42L; and

                             (ii)  the system satisfies the requirements of the direction; and

                            (iii)  the system adequately provides for the continued airworthiness of the aircraft;

                            CASA must approve the system;

                     (b)  if CASA is not satisfied as mentioned in paragraph (a), CASA may:

                              (i)  modify the system so that CASA is so satisfied and approve the modified system; or

                             (ii)  refuse to approve the system.

             (3)  In deciding whether a system of maintenance adequately provides for the continued airworthiness of an aircraft, CASA or the authorised person must have regard to:

                     (a)  if the system of maintenance relates to a class A aircraft—the manufacturer’s maintenance schedule and any inspection programs or documents issued by the manufacturer; and

                     (b)  if the system of maintenance relates to a class B aircraft—the manufacturer’s maintenance schedule and the CASA maintenance schedule.

             (4)  CASA or the authorised person must, in writing, notify the holder of the certificate of registration for the aircraft concerned of CASA’s, or the authorised person’s, decision in relation to the system submitted.

             (5)  If CASA or the authorised person decides:

                     (a)  not to approve the system of maintenance; or

                     (b)  to modify the system of maintenance;

CASA or the authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.

42N  When approval is effective

             (1)  If CASA or an authorised person approves a system of maintenance, the approval has effect from when notice of the approval is given to the holder of the certificate of registration for the aircraft concerned.

             (2)  An approval of a system of maintenance approved because of a request under regulation 42J stops being in force if:

                     (a)  CASA revokes the approval by written notice given to the holder of the certificate of registration for the aircraft concerned; or

                     (b)  the holder of the certificate of registration for the aircraft concerned gives CASA or an authorised person written notice that the holder no longer wants the approved system to apply to the aircraft.

             (3)  An approval of a system of maintenance submitted because of a direction of a kind referred to in regulation 42K stops being in force if CASA revokes the approval by written notice given to the holder of the certificate of registration for the aircraft concerned.

             (4)  CASA must not revoke an approval of a system of maintenance unless CASA thinks it is necessary to do so for the purpose of ensuring the safety of air navigation.

42P  Request for approval of changes

             (1)  The holder of the certificate of registration for an aircraft for which there is an approved system of maintenance may, in writing, request CASA or an authorised person to approve a proposed change to the system.

             (2)  The request must be accompanied by a copy of the proposed change.

42Q  CASA may direct changes

                   CASA may, under regulation 38, direct the holder of the certificate of registration for an aircraft for which there is an approved system of maintenance:

                     (a)  to make:

                              (i)  a specified change to the system; or

                             (ii)  a change to the system that will correct a specified deficiency in the system; and

                     (b)  to submit the proposed change to CASA or an authorised person for approval.

42R  Approval of changes

             (1)  If:

                     (a)  CASA or an authorised person receives a request for approval of a change to an approved system of maintenance; and

                     (b)  CASA or the authorised person is satisfied that the system, as proposed to be changed, would:

                              (i)  include the matters set out in regulation 42L; and

                             (ii)  adequately provide for the continued airworthiness of the aircraft;

CASA or the authorised person must approve the change.

             (2)  If, because of a direction of a kind referred to in regulation 42Q, the holder of the certificate of registration for an aircraft submits a proposed change to an approved system of maintenance to CASA, the following provisions have effect:

                     (a)  if CASA is satisfied:

                              (i)  if the direction was for a specified change to be made—the change has been made; and

                             (ii)  if the direction was for a change to correct a specified deficiency in the system—the deficiency would be corrected by the change; and

                            (iii)  that the system, as proposed to be amended, would:

                                        (A)  include the matters set out in regulation 42L; and

                                        (B)  adequately provide for the continued airworthiness of the aircraft;

                            CASA must approve the change;

                     (b)  if CASA is not satisfied as mentioned in paragraph (a), CASA may:

                              (i)  modify the change so that CASA is so satisfied and approve the modified change; or

                             (ii)  refuse to approve the change.

             (3)  In deciding whether a system of maintenance as proposed to be changed would adequately provide for the continued airworthiness of an aircraft, CASA or the authorised person must have regard to:

                     (a)  if the system of maintenance relates to a class A aircraft—the manufacturer’s maintenance schedule and any inspection programs or documents issued by the manufacturer; and

                     (b)  if the system of maintenance relates to a class B aircraft—the manufacturer’s maintenance schedule and the CASA maintenance schedule.

             (4)  CASA or the authorised person must, in writing, notify the holder of the certificate of registration for the aircraft concerned of CASA’s, or the authorised person’s, decision in relation to the change submitted.

             (5)  If CASA or the authorised person decides:

                     (a)  not to approve the change; or

                     (b)  to modify the change;

CASA or the authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.

42S  When approval of a change is effective

                   If CASA or an authorised person approves a change to an approved system of maintenance, the approval has effect from when notice of the approval is given to the holder of the certificate of registration for the aircraft concerned.

42T  All changes must be approved

                   A purported change to an approved system of maintenance has no effect unless it has been approved under regulation 42R and that approval is in force.

Division 4How maintenance is to be carried out

42U  Modifications and repairs: approved designs

             (1)  A person may modify or repair an Australian aircraft only if:

                     (a)  the design of the modification or repair:

                              (i)  has been approved under regulation 35, as in force before 27 June 2011; or

                            (ia)  has been approved by a modification/repair design approval; or

                            (ib)  has been approved by an approval mentioned in regulation 21.475 of CASR; or

                            (ic)  is taken to have been approved under regulation 21.465 or 21.470 of CASR; or

                             (ii)  has been specified by CASA in, or by means of, an airworthiness directive or a direction under regulation 44; or

                            (iii)  is specified in the aircraft’s approved maintenance data; and

                     (b)  the modification or repair is in accordance with that design.

Penalty:  50 penalty units.

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

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

42V  Maintenance: approved maintenance data

             (1)  A person carrying out maintenance on an Australian aircraft must ensure that the maintenance is carried out in accordance with the applicable provisions of the aircraft’s approved maintenance data.

Penalty:  50 penalty units.

Note:          Regulation 2A sets out what is approved maintenance data for an aircraft.

             (2)  Subregulation (1) has effect subject to the requirements of Division 5 (‘Who may carry out maintenance’).

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

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

42W  Installation and use of aircraft components in maintenance—Australian aircraft in Australian territory

             (1)  This regulation sets out requirements to be complied with in relation to the installation and use of aircraft components in carrying out maintenance on an Australian aircraft in Australian territory.

             (2)  Subject to subregulation (3), a person may replace an aircraft component in the aircraft with another aircraft component only if:

                     (a)  the replacement component is serviceable; and

                     (b)  the replacement component:

                              (i)  is identical with the replaced component; or

                             (ii)  has been approved under regulation 36, as in force before 27 June 2011, as a replacement for the replaced component; or

                            (iii)  is approved for use as a replacement for the replaced component:

                                        (A)  by the manufacturer of the aircraft or the replaced component; or

                                     (AA)  in an Australian Parts Manufacturer Approval issued under regulation 21.303 of CASR; or

                                        (B)  in a Parts Manufacturers Approval issued by the Federal Aviation Administration of the United States of America; or

                                      (BA)  in a parts manufacturer approval issued by a national aviation authority to which subregulation (2A) applies; or

                                        (C)  by a modification/repair design approval; or

                                        (D)  by an approval mentioned in regulation 21.475 of CASR; or

                            (iv)  is taken to have been approved for use as a replacement for the replaced component under regulation 21.465 or 21.470 of CASR; and

                     (c)  if the replacement component has been removed or salvaged from another aircraft and has not had maintenance carried out on it—the replacement component is not damaged and complies with its manufacturer’s specifications.

Penalty:  50 penalty units.

          (2A)  For sub‑subparagraph (2)(b)(iii)(BA), this subregulation applies to the national aviation authority of a Contracting State if:

                     (a)  Australia has an agreement (however described) with the Contracting State for the acceptance of parts manufacturer approvals; or

                     (b)  CASA has an agreement (however described) with the national aviation authority for the acceptance of parts manufacturer approvals.

             (3)  A person may replace an aircraft component in the aircraft with another aircraft component that does not satisfy the requirements of paragraphs (2)(a) and (c) if inclusion of the replacement component in the aircraft amounts to a permissible unserviceability in the aircraft that is approved under regulation 37.

             (4)  Subject to regulations 42Y and 42Z, a person must not install an aircraft component in an aircraft if each of the following requirements is not satisfied:

                     (a)  if the component, or a component that it incorporates, was manufactured in the course of carrying out maintenance—the completion of the maintenance was certified in accordance with regulation 42ZE or 42ZN;

                     (b)  if the component, or another aircraft component that is incorporated in it, has had maintenance carried out on it—completion of the maintenance was certified in accordance with regulation 42ZE or 42ZN;

                     (c)  if the component, or another aircraft component that is incorporated in it, has been modified or repaired—the modification or repair was carried out in accordance with a design that:

                              (i)  was approved under regulation 35, as in force before 27 June 2011; or

                            (ia)  was approved by a modification/repair design approval; or

                            (ib)  was approved by an approval mentioned in regulation 21.475 of CASR; or

                            (ic)  is taken to have been approved under regulation 21.465 or 21.470 of CASR; or

                             (ii)  was specified by CASA in, or by means of, an airworthiness directive or a direction under regulation 44 or subregulation 21.176(2) of CASR; or

                            (iii)  was specified in the component’s, or the incorporated component’s, approved maintenance data; or

                            (iv)  if the modification or repair was carried out outside Australian territory—was approved or specified in a manner that is acceptable to CASA having regard to the safety of air navigation;

                     (d)  if subregulation (5) applies to the component, and the component was supplied by another person—the supplier of the component supplied an authorised release certificate with it and for it;

                     (e)  if the component includes a component to which subregulation (5) applies, and the included component was supplied by another person—the supplier of the included component supplied an authorised release certificate with it and for it.

Penalty:  50 penalty units.

Note:          Authorised release certificate means a certificate that complies with regulation 42WA—see the Dictionary.

             (5)  This subregulation applies to:

                     (a)  an aircraft component manufactured to approved data by a manufacturer that holds an approval from CASA or a national aviation authority to do so; or

                     (b)  an aircraft component that has had maintenance carried out on it.

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

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

42WA  Requirements for authorised release certificate

             (1)  The requirements for an authorised release certificate for an aircraft component are the following:

                     (a)  it has a unique identifying number;

                     (b)  it is issued by, or with the authority or approval of:

                              (i)  if maintenance has been carried out on the relevant component—the national aviation authority of the country in which the most recent maintenance was carried out; or

                             (ii)  if no maintenance has been carried out on the component—the national aviation authority of the country in which it was manufactured;

                     (c)  it specifies the national aviation authority that issued it or that authorised its issue;

                     (d)  it contains at least the following information about the component (or, if it applies to 2 or more components, about each of them):

                              (i)  the full name and business address of the supplier of the component;

                             (ii)  enough information to identify the contract, work order or invoice related to the supply of the component;

                            (iii)  the component’s name or description, and part number;

                            (iv)  the types or models of aircraft, propeller or engine on which the component can be installed (if known to the body issuing the certificate);

                             (v)  the serial number or batch number of the component;

                            (vi)  the component’s status (that is, whether it is manufactured or newly overhauled, or has been inspected, modified or repaired, or is a prototype) and a statement of any limitations that apply to it;

                     (e)  if the certificate applies to 2 or more components, it gives an identifying number for each;

                      (f)  if the certificate applies to 2 or more components that have the same part number, it states how many of them the certificate applies to;

                     (g)  it quotes or identifies the authorisation under which it is issued;

                     (h)  the person who signed it is a proper person to do so, in accordance with subregulation (2), (3) or (4).

             (2)  A person is a proper person to sign an authorised release certificate for a component on which maintenance has been carried out in Australia if:

                     (a)  he or she is permitted by regulation 42ZC to carry out the maintenance; and

                     (b)  he or she is employed by, or is working under an arrangement with, the person who carried out the most recent such maintenance.

             (3)  A person is a proper person to sign an authorised release certificate for a component on which maintenance has been carried out in a country other than Australia if:

                     (a)  he or she is permitted to carry out the maintenance by the national aviation authority of the country in which that maintenance was carried out; and

                     (b)  he or she carried out the most recent such maintenance, or is employed by, or works under an arrangement with, the person who did so.

             (4)  A person is a proper person to sign an authorised release certificate for a component on which no maintenance has been carried out if he or she is the manufacturer of the component, or is employed by, or works under an arrangement with, its manufacturer.

Note:          A document that complies with regulation 42WA is an authorised release certificate. Appendix 1 to Civil Aviation Order 100.16 gives a list of documents issued in foreign countries that, if completed correctly, will be authorised release certificates. Civil Aviation Advisory Publication 42W‑1 sets out documents necessary for the supply of components, parts and material. Also, Civil Aviation Advisory Publication 42W‑2 explains how to prepare a certificate. Both the Order and the Advisory Publications are available on CASA’s website.

42X  Use of aircraft materials in maintenance—Australian aircraft in Australian territory

             (1)  A person may use an aircraft material in an aircraft only if the person satisfies CASA or an authorised person that the material is suitable for use in the maintenance of the aircraft or the following requirements are satisfied:

                     (a)  if:

                              (i)  the material was supplied to the person by another person; and

                             (ii)  the material is not a fuel or lubricant;

                            the material was supplied by the other person with a document that satisfies the requirements of subregulation (2);

                     (b)  if the material has had maintenance carried out on it—completion of the maintenance was certified in accordance with regulation 42ZE or 42ZN.

Penalty:  50 penalty units.

             (2)  A document accompanying the supply of an aircraft material must:

                     (a)  contain:

                              (i)  a statement that identifies the material and that includes (if applicable) the specification of the material; and

                             (ii)  if maintenance has been carried out on the material—details of the maintenance carried out and the data used in carrying out the maintenance; and

                     (b)  have been issued by, or with the authority or approval of:

                              (i)  if maintenance has been carried out on the material—the aviation authority of the country in which the most recent maintenance was carried out; or

                             (ii)  if no maintenance has been carried out on the material—the aviation authority of the country in which the material was manufactured; and

                     (c)  be signed by:

                              (i)  if maintenance has been carried out on the material in Australia—a person who is permitted by regulation 42ZC to carry out the maintenance and who is employed by, or is working under an arrangement with, the person who carried out the most recent maintenance; or

                             (ii)  if maintenance has been carried out on the material in a country other than Australia—a person who is permitted to carry out the maintenance by the aviation authority of the country in which that maintenance was carried out and who is, is employed by, or is working under an arrangement with, the person who carried out the most recent maintenance; or

                            (iii)  if no maintenance has been carried out on the material—a person who is, is employed by, or is working under an arrangement with, the person who manufactured the material; and

                     (d)  set out the date on which the person signed the document.

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

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

42Y  Time‑lifed aircraft components—exemption from supply under cover of document requirements

                   If a person satisfies CASA or an authorised person that there is a complete record of the airworthiness history of a time‑lifed aircraft component, the person may install the component in an aircraft even though the requirements of paragraphs 42W(4)(a) and (b) are not satisfied.

42Z  Removable items of radiocommunications equipment in VFR aircraft—exemption from certification requirements

             (1)  This regulation applies to an aircraft:

                     (a)  that has a flight manual; and

                     (b)  that is not, in that manual, approved for use in IFR flight.

             (2)  Subject to subregulation (3), if:

                     (a)  a removable item of radiocommunications equipment is installed in an aircraft; and

                     (b)  that item is removed from the aircraft;

a person may re‑install that item, or install another item of the same type, in the aircraft even though the requirements of paragraphs 42W(4)(c) and (d) are not satisfied.

             (3)  If the person is not the holder of the certificate of registration for the aircraft, subregulation (2) does not apply unless the holder has approved the installation of the equipment.

42ZA  Use of aircraft components, aircraft materials etc in maintenance—Australian aircraft outside Australian territory

             (1)  This regulation applies to the holder of the certificate of registration for, or the operator or pilot in command of, an Australian aircraft while the aircraft is outside Australian territory.

             (2)  A person to whom this regulation applies must not use, or permit the use of, an aircraft component, aircraft material or other thing in connection with the maintenance of the aircraft if:

                     (a)  use of the component, material or thing would be an offence against these Regulations if the aircraft were in Australian territory; and

                     (b)  CASA has not approved the use.

Penalty:  50 penalty units.

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

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

42ZB  Exemptions and variations

                   This Division has effect subject to Division 7 (‘Exemptions from, and variations of, requirements’).

Division 5Who may carry out maintenance

42ZC  Maintenance on Australian aircraft in Australian territory

             (1)  The holder of the certificate of registration for, the operator of, and the pilot in command of, an Australian aircraft must not authorise or permit any maintenance to be carried out on the aircraft in Australian territory by a person if the person is not permitted by this regulation to carry out the maintenance.

Penalty:  50 penalty units.

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

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

             (3)  Subject to subregulation (5), a person may carry out maintenance on a class A aircraft in Australian territory if:

                     (a)  the person:

                              (i)  holds:

                                        (A)  an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or

                                        (B)  an airworthiness authority or an aircraft welding authority covering the maintenance; and

                             (ii)  either:

                                        (A)  holds a certificate of approval covering the maintenance; or

                                        (B)  is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; or

                     (b)  the following requirements are satisfied:

                              (i)  the person is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; and

                             (ii)  the maintenance is carried out under the supervision of a person who holds an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance, and who either:

                                        (A)  holds a certificate of approval covering the maintenance; or

                                        (B)  is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; or

                     (c)  the person is a pilot of the aircraft and is authorised to carry out the maintenance by the aircraft’s approved system of maintenance; or

                     (d)  the person is authorised by CASA under subregulation (6), or an authorised person under subregulation (7), to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given.

             (4)  Subject to subregulation (5), a person may carry out maintenance on a class B aircraft in Australian territory if:

                     (a)  the person:

                              (i)  holds:

                                        (A)  an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or

                                        (B)  an airworthiness authority or an aircraft welding authority covering the maintenance; and

                             (ii)  either:

                                        (A)  holds a certificate of approval covering the maintenance; or

                                        (B)  is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; or

                     (b)  except where the maintenance is specified in Schedule 7, the person:

                              (i)  holds:

                                        (A)  an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or

                                        (B)  an airworthiness authority or an aircraft welding authority covering the maintenance; and

                             (ii)  either:

                                        (A)  is not an employee; or

                                        (B)  is employed by a person mentioned in subparagraph (i); or

                     (c)  the person carries out the maintenance under the supervision of a person who:

                              (i)  holds an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; and

                             (ii)  is permitted by paragraph (a) or (b) to carry out the maintenance; or

                     (d)  the following requirements are satisfied:

                              (i)  the person is the holder of a pilot licence that is valid for the aircraft;

                             (ii)  the maintenance is specified in Part 1 of Schedule 8;

                            (iii)  the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or

                   (da)  the following requirements are satisfied:

                              (i)  the person is a category B1 licence holder or a category B2 licence holder;

                             (ii)  the maintenance is specified in Part 1 of Schedule 8;

                            (iii)  the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or

                   (db)  for an aircraft that is a balloon—the following requirements are satisfied:

                              (i)  the person is the holder of a commercial pilot (balloon) licence or a private pilot certificate (balloons) that is valid for the balloon;

                             (ii)  the maintenance is specified in Part 2 of Schedule 8;

                            (iii)  the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or

                   (dc)  the following requirements are satisfied:

                              (i)  the aircraft is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, an armed force;

                             (ii)  the maintenance is carried out under the supervision of a person who holds an airworthiness authority covering the maintenance; or

                   (dd)  the following requirements are satisfied:

                              (i)  the aircraft is an amateur‑built aircraft, kit‑built aircraft or a light sport aircraft;

                             (ii)  the person is included in a class of persons prescribed by legislative instrument issued by CASA for the purposes of this subparagraph;

                            (iii)  the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or

                     (e)  the person is authorised by CASA under subregulation (6) to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given.

             (5)  In spite of subregulations (3) and (4), a person may carry out maintenance on an aircraft component, or an aircraft material, if:

                     (a)  the person is employed by, or working under an arrangement with, the holder of a certificate of approval that covers the maintenance; and

                     (b)  in the case of maintenance that is either:

                              (i)  an inspection using a non‑destructive testing method; or

                             (ii)  manual welding;

                            the person is authorised by CASA under subregulation (6) to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given.

             (6)  CASA may, in writing, authorise a person for the purposes of paragraph (3)(d) or (4)(e) or subregulation (5).

             (7)  An authorised person may, in writing, authorise a person for the purposes of paragraph (3)(d).

             (8)  An authorisation is subject to any conditions that:

                     (a)  CASA or the authorised person, as the case may be, considers are necessary in the interests of the safety of air navigation; and

                     (b)  are included in the authorisation.

           (10)  For the purposes of this regulation, an aircraft welding authority covers maintenance of a particular kind if the authority is issued for the type of manual welding and the parent metal group that is appropriate to that kind of maintenance.

42ZD  Maintenance on Australian aircraft outside Australian territory

             (1)  The holder of the certificate of registration for, or the operator or pilot in command of, an Australian aircraft must not authorise or permit any maintenance to be carried out on the aircraft outside Australian territory by a person if the person is not permitted by this regulation to carry out maintenance.

Penalty:  25 penalty units.

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

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

             (2)  A person may carry out maintenance on an Australian aircraft outside Australian territory if:

                     (a)  the person would be permitted by regulation 42ZC to carry out the maintenance if the aircraft were in Australian territory; or

                     (b)  if the aircraft is in a Contracting State—the person would be permitted under the law of the Contracting State to carry out the maintenance if the aircraft were registered in the Contracting State; or

                     (c)  the person is authorised by CASA under subregulation (3) to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given.

             (3)  CASA may, in writing, authorise a person for the purposes of paragraph (2)(c).

             (4)  An authorisation is subject to any conditions that:

                     (a)  CASA considers are necessary in the interests of the safety of air navigation; and

                     (b)  are included in the authorisation.

Division 6Certification of completion of maintenance

Subdivision 1Maintenance in Australian territory

42ZE  Certification of completion of maintenance on aircraft in Australian territory

             (1)  A person who carries out maintenance on an Australian aircraft in Australian territory must ensure that completion of the maintenance is certified in accordance with:

                     (a)  if the person has an approved system of certification of completion of maintenance—that system; or

                     (b)  if paragraph (a) does not apply—the CASA system of certification of completion of maintenance.

Penalty:  50 penalty units.

             (2)  For the purposes of this regulation, maintenance performed by employees of an employer who is the holder of a certificate of approval, an aircraft engineer licence or an airworthiness authority is to be taken to be carried out by the employer and not by the employees.

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

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

42ZF  Request for approval of system of certification

             (1)  A person who is, or who may be, required by regulation 42ZE to ensure completion of maintenance is certified may, in writing, request CASA to approve a system of certification of completion of maintenance.

             (2)  The request must be accompanied by a copy of the system.

42ZG  Approval of system of certification

             (1)  If:

                     (a)  CASA receives a request for approval of a system of certification of completion of maintenance; and

                     (b)  CASA is satisfied that, having regard to the CASA system of certification of completion of maintenance, the system adequately provides for certification of the completion of the maintenance;

CASA must approve the system.

             (2)  CASA must, in writing, notify the person who requested approval of the system of certification of CASA’s decision in relation to the system.

             (3)  If CASA decides not to approve the system of certification CASA must include in the notice a statement of the reasons for that decision.

42ZH  When approval is effective

             (1)  If CASA approves a system of certification of completion of maintenance, the approval has effect from when notice of the decision is given to the person who requested approval of the system.

             (2)  The approval stops being in force if:

                     (a)  it is revoked by CASA by written notice given to the person who requested approval of the system; or

                     (b)  the person who requested approval of the system gives CASA written notice that the person no longer wants to use the system.

             (3)  CASA must not revoke an approval of a system of certification of completion of maintenance unless CASA thinks it is necessary to do so for the purpose of ensuring the safety of air navigation.

42ZJ  Changes to an approved system of certification

             (1)  A person who has an approved system of certification of completion of maintenance may, in writing, request CASA or an authorised person to approve a proposed change to the system.

             (2)  The request must be accompanied by a copy of the proposed change.

             (3)  If an approved system of certification of completion of maintenance is:

                     (a)  no longer appropriate; or

                     (b)  defective;

within 7 days of becoming aware of the inappropriate aspect or the defect, the person who has the approved system of certification of completion of maintenance must make a request under subregulation (1) for CASA or an authorised person to approve a proposed change to the system to ensure that it is appropriate and not defective.

Penalty:  25 penalty units.

             (4)  CASA may, under regulation 38, direct a person who has an approved system of certification of completion of maintenance:

                     (a)  to make:

                              (i)  a specified change to the system; or

                             (ii)  a change to the system that will correct a specified deficiency in the system; and

                     (b)  to submit the proposed change to CASA or an authorised person for approval.

42ZK  Approval of changes

             (1)  If:

                     (a)  CASA or an authorised person receives a request for approval of a change to an approved system of certification of completion of maintenance; and

                     (b)  CASA or the authorised person is satisfied that, having regard to the CASA system of certification of completion of maintenance, the system, as proposed to be changed, would adequately provide for certification of the completion of the maintenance;

CASA or the authorised person must approve the change.

             (2)  CASA or the authorised person must, in writing, notify the person who requested approval of the change of CASA’s or the authorised person’s decision in relation to the request.

             (3)  If CASA or the authorised person decides not to approve the proposed change, CASA or the authorised person must include in the notice a statement of the reasons for that decision.

42ZL  When approval of a change is effective

                   If CASA or an authorised person approves a change to a system of certification of completion of maintenance, the approval has effect from when notice of the approval is given to the person who requested approval of the change.

42ZM  All changes must be approved

                   A purported change to an approved system of certification of completion of maintenance has no effect unless it has been approved under subregulation 42ZK(1) and that approval is in force.

Subdivision 2Maintenance outside Australian territory

42ZN  Certification of maintenance outside Australian territory

             (1)  The holder of the certificate of registration for an Australian aircraft on which maintenance has been carried out outside Australian territory must not fly the aircraft, and must ensure the aircraft is not flown, if each of the following requirement is not satisfied:

                     (a)  the completion of the maintenance has been certified by:

                              (i)  a person who would have been permitted by regulation 42ZC to carry out the maintenance if the aircraft had been in Australia; or

                             (ii)  if the maintenance was carried out in a Contracting State—a person who would be permitted under the law of the Contracting State to certify the completion of the maintenance if the aircraft were registered in the Contracting State; or

                            (iii)  a person who is authorised by CASA to certify the completion of the maintenance;

                     (b)  the certification is made in a manner that is acceptable to CASA having regard to the safety of air navigation.

Penalty:  50 penalty units.

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

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

Subdivision 3Miscellaneous

42ZP  Certification not to be made

             (1)  A person must not certify the completion of maintenance carried out on an aircraft, aircraft component or aircraft material if the maintenance was not carried out in accordance with the approved maintenance data for the aircraft, aircraft component or aircraft material.

Penalty:  50 penalty units.

Note:          Regulation 2A sets out what is approved maintenance data for an aircraft.

             (2)  This regulation has effect in spite of any provision in an approved system of certification of completion of maintenance.

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

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

Division 7Exemptions from, and variations of, requirements

42ZQ  Requirements to which Division applies

             (1)  This Division applies to requirements that are specified in a prescribed regulation or in a related document.

             (2)  In this regulation:

prescribed regulation means regulation 39, 41, 42G, 42U, 42V, 42W, 42X, 42Y, 42Z or 42ZA.

related document means a document that is:

                     (b)  a direction issued by CASA under regulation 38 or 44, or a direction in force under subregulation 202.051(3) of CASR; or

                     (c)  a document or design that:

                              (i)  was approved under regulation 35, as in force before 27 June 2011; or

                            (ia)  was approved by a modification/repair design approval; or

                            (ib)  was approved by an approval mentioned in regulation 21.475 of CASR; or

                            (ic)  is taken to have been approved under regulation 21.465 or 21.470 of CASR; or

                             (ii)  forms part of a certificate of type approval; or

                     (d)  issued by the manufacturer of an aircraft component or aircraft material; or

                     (e)  issued by the designer of a modification of an aircraft or aircraft component;

that relates to:

                      (f)  what maintenance is to be carried out on an aircraft; or

                     (g)  when maintenance is to be carried out on an aircraft; or

                     (h)  how maintenance is to be carried out on an aircraft.

42ZR  Application for exemption from, or variation of, requirements

             (1)  The holder of the certificate of registration for an Australian aircraft may apply, in writing, to CASA or an authorised person for:

                     (a)  an exemption, in relation to the aircraft, from a requirement to which this Division applies; or

                     (b)  a variation, in relation to the aircraft, of a requirement to which this Division applies.

             (2)  The application must set out:

                     (a)  particulars of the exemption or variation sought; and

                     (b)  the reasons for seeking the exemption or variation.

             (3)  In the application, the applicant must also state whether the exemption or variation is to apply to any person who might otherwise be bound to comply with the requirement or only to a specified person or specified persons.

             (4)  CASA or the authorised person may require the applicant to provide an explanation of the effect of the exemption or variation on the safety of air navigation.

42ZS  Granting of exemptions and approval of variations

             (1)  CASA or an authorised person must grant the exemption or approve the variation if CASA or the authorised person is satisfied that granting the exemption or approving the variation would not adversely affect the safety of air navigation.

             (2)  If CASA or the authorised person grants the exemption, or approves the variation, the grant or approval may be made or given subject to such conditions as CASA or the authorised person thinks necessary in the interests of the safety of air navigation.

             (3)  CASA or the authorised person must, in writing, notify the applicant of CASA’s, or the authorised person’s, decision in relation to the application.

             (4)  If CASA or the authorised person grants the exemption, or approves the variation, CASA or the authorised person must identify in the exemption or approval:

                     (a)  in the case of an exemption:

                              (i)  the aircraft to which the exemption relates; and

                             (ii)  the person or persons to whom the exemption applies; and

                            (iii)  the conditions (if any) subject to which the exemption is granted; or

                     (b)  in the case of an approval of a variation:

                              (i)  the aircraft to which the variation relates; and

                             (ii)  the person or persons to whom the variation applies; and

                            (iii)  the conditions (if any) subject to which the variation is granted.

             (5)  If CASA or the authorised person decides not to grant the exemption, or approve the variation, CASA or the authorised person must include in the notice a statement of the reasons for that decision.

42ZT  When grant or approval is effective

             (1)  If CASA or an authorised person grants an exemption, or approves a variation, the grant or approval has effect from when notice of the grant or approval is given to the applicant.

             (2)  The exemption or variation stops being in force if:

                     (a)  it is expressed to have effect for a limited period and that period ends; or

                     (b)  it is revoked by CASA by written notice given to the holder of the certificate of registration for the aircraft concerned; or

                     (c)  the holder of the certificate of registration for the aircraft concerned gives CASA or the authorised person written notice that the holder no longer wants the exemption or variation to apply in relation to the aircraft.

             (3)  CASA must not revoke an exemption or a variation unless CASA thinks it is necessary to do so for the purpose of ensuring the safety of air navigation.

42ZU  Effect of grant of exemption or approval of variation

             (1)  If:

                     (a)  CASA or an authorised person has granted an exemption from a requirement to which this Division applies; and

                     (b)  that exemption is in force;

then, subject to any conditions imposed under subregulation 42ZS(2), a person identified in the exemption under subparagraph 42ZS(4)(a)(ii) is exempt from compliance with the requirement in relation to the aircraft concerned.

             (2)  If:

                     (a)  CASA or an authorised person has approved a variation of a requirement to which this Division applies; and

                     (b)  that approval is in force;

then, subject to any conditions imposed under subregulation 42ZS(2), the requirement has effect, in relation to a person identified in the approval under subparagraph 42ZS(4)(b)(ii) and the aircraft concerned, as if the requirement were varied in the manner approved.

Division 8Maintenance control manual and maintenance controller

42ZV  Maintenance controllers

             (1)  The operator of a class A aircraft must appoint a person to be the maintenance controller for the aircraft.

Penalty:  50 penalty units.

             (2)  The same person may be appointed as the maintenance controller for more than 1 class A aircraft.

             (3)  A person appointed as the maintenance controller for a class A aircraft must not undertake duties as the maintenance controller if each of the following requirements is not satisfied:

                     (a)  the appointment is approved under regulation 42ZW;

                     (b)  the approval is not suspended or cancelled under regulation 42ZX.

Penalty:  50 penalty units.

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

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

42ZW  Approval of maintenance controllers

             (1)  The operator of a class A aircraft may ask CASA to approve a person’s appointment as the maintenance controller for the aircraft.

             (2)  CASA must, on receiving a request for approval of a person’s appointment, approve the appointment if it is reasonably satisfied that the person:

                     (a)  meets the requirements of Part 1 of Schedule 9; and

                     (b)  can properly perform the functions set out in Part 2 of Schedule 9.

Note:          A decision not to approve the appointment of a person to be a maintenance controller is reviewable by the Administrative Appeals Tribunal under regulation 297A.

             (3)  CASA may approve an appointment subject to any condition that is necessary in the interests of the safety of air navigation.

Note:          A decision to approve the appointment of a person to be a maintenance controller subject to conditions is reviewable by the Administrative Appeals Tribunal under regulation 297A.

             (4)  If CASA approves a person’s appointment it must give a copy of the approval, including the conditions (if any) applicable to the approval, both to the person and to the operator.

             (5)  A person whose appointment is approved must not contravene a condition to which the approval is subject.

Penalty:  50 penalty units.

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

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

             (6)  An approval stops being in force if:

                     (a)  it is cancelled; or

                     (b)  the appointment to which it relates ends.

             (7)  If CASA suspends an approval, the approval has no effect during the period of the suspension.

42ZX  Suspension or cancellation of approvals

             (1)  CASA may suspend or cancel an approval of a person’s appointment as the maintenance controller for a class A aircraft if:

                     (a)  the person is not carrying out the maintenance controller’s functions satisfactorily; or

                     (b)  the person has contravened a condition to which the approval is subject.

Note:          A decision to suspend or cancel an approval is reviewable by the Administrative Appeals Tribunal under regulation 297A.

             (2)  A suspension or cancellation does not have effect until a notice of the suspension or cancellation is served on:

                     (a)  the person; and

                     (b)  the operator of the aircraft.

42ZY  Maintenance control manuals

             (1)  The operator of a class A aircraft must prepare a maintenance control manual for the aircraft that:

                     (a)  states the operator’s name; and

                     (b)  if the operator does not hold the registration certificate for the aircraft—states the name of its certificate holder; and

                     (c)  sets out the functions of the operator’s maintenance controller; and

                     (d)  includes:

                              (i)  a description of the aircraft that identifies it, including particulars of its type, model and marks; and

                             (ii)  details of the arrangements for the control of maintenance of the aircraft; and

                            (iii)  details of the arrangements under which the aircraft’s approved maintenance program is to be met; and

                            (iv)  details of the arrangements to ensure compliance with the weight and balance requirements for the aircraft; and

                             (v)  a statement determining the period, or period of time‑in‑service, for which a maintenance release for the aircraft is to remain in force.

Penalty:  50 penalty units.

             (2)  The operator must ensure:

                     (a)  compliance with the maintenance control manual; and

                     (b)  that the maintenance controller properly carries out the maintenance controller’s function set out in Part 2 of Schedule 9.

Penalty:  50 penalty units.

             (3)  An operator must make available to a person who carries out maintenance on the operator’s aircraft a copy of the parts of the maintenance control manual that are relevant to the maintenance.

Penalty:  50 penalty units.

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

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

42ZZ  Maintenance control manuals: amendments

             (1)  An operator must amend the operator’s maintenance control manual whenever it is necessary to do so to keep it up‑to‑date.

Penalty:  50 penalty units.

             (2)  CASA may direct the operator, in writing, to amend the maintenance control manual in accordance with the direction.

             (3)  An operator must comply with a direction given to the operator.

Penalty:  50 penalty units.

             (4)  The operator must ensure that amendments of the maintenance control manual made under this regulation are incorporated in each copy of the manual kept by the operator.

Penalty:  50 penalty units.

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

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

42ZZA  Inspection of maintenance control manuals

             (1)  An operator must, if asked by CASA, make the operator’s maintenance control manual available for inspection by CASA.

Penalty:  50 penalty units.

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

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

Division 9Maintenance releases

43  Maintenance releases in respect of Australian aircraft

             (1)  Maintenance releases in respect of Australian aircraft shall be issued only by authorised persons and only in such manner, and in accordance with such form, as CASA directs or approves.

             (2)  CASA may give a direction specifying the information to be entered on a maintenance release before its issue.

             (3)  Where a person appointed as an authorised person for the purposes of this regulation is a body corporate, CASA shall specify in the instrument of appointment the condition that any maintenance release issued by the authorised person is to be signed, on behalf of the authorised person, by a specified person or by a person included in a specified class of persons.

             (4)  CASA may give a direction with respect to the retention and transfer of maintenance releases and copies of maintenance releases issued under this regulation.

             (5)  CASA may give a direction specifying the period, or the maximum period, that a maintenance release of a kind specified in the direction is to be expressed to remain in force.

             (6)  A maintenance release may be issued in respect of an aircraft only if:

                     (a)  there is in force, a certificate of airworthiness for the aircraft; or

                     (b)  CASA has approved the issue of the maintenance release.

             (7)  A maintenance release may be issued in respect of an aircraft only if all maintenance in respect of the aircraft required to be carried out to comply with any requirement or condition imposed under these Regulations has been certified, in accordance with regulation 42ZE or 42ZN, to have been completed.

             (8)  For the purposes of subregulation (7), the existence of an earlier maintenance release issued by virtue of that subregulation in respect of an aircraft may, in the absence of evidence to the contrary, be accepted by an authorised person for the purposes of this regulation as proof that all maintenance required under these Regulations to be carried out on the aircraft before the date of issue of the earlier maintenance release has been certified to have been completed as required by that subregulation.

             (9)  A maintenance release may bear an endorsement that the release is issued subject to a condition set out in the endorsement, being a condition imposed for the purpose of ensuring the safety of air navigation.

           (10)  Where an aircraft has a permissible unserviceability, a maintenance release issued in respect of the aircraft, or other document approved for use as an alternative to the maintenance release for the purposes of this subregulation, shall bear an endorsement:

                     (a)  setting out each permissible unserviceability that exists with respect to the aircraft;

                     (b)  setting out such of the conditions (if any) with respect to the use of an aircraft with those permissible unserviceabilities set out in any direction given under regulation 37, or approval under regulation 21.007 of CASR, in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Civil Aviation Orders; and

                     (c)  stating that the maintenance release is issued subject to those conditions, whether set out in the maintenance release or the other document or otherwise.

           (11)  A person shall not issue a maintenance release in contravention of this regulation.

Penalty:

                     (a)  for a contravention of subregulation (1)—25 penalty units; or

                     (b)  for a contravention of subregulation (6)—25 penalty units; or

                     (c)  for a contravention of subregulation (7)—50 penalty units; or

                     (d)  for a contravention of subregulation (10)—10 penalty units.

        (11A)  A person must not contravene:

                     (a)  a direction; or

                     (b)  the condition specified in subregulation (3); or

                     (c)  a condition to which a maintenance release is subject.

Penalty:

                     (a)  for a contravention of a direction under subregulation (2)—10 penalty units; or

                     (b)  for a contravention of the condition specified in subregulation (3)—10 penalty units; or

                     (c)  for a contravention of a direction under subregulation (4) or (5)—5 penalty units; or

                     (d)  for a contravention of a condition under subregulation (9)—50 penalty units.

           (12)  Subregulation (11) does not apply in relation to a person by reason only that he or she has issued a maintenance release in contravention of a direction given under this regulation unless the direction has been served on the person.

           (13)  A person shall not sign a maintenance release to be issued by virtue of subregulation (7) in respect of an aircraft if:

                     (a)  the person considers that:

                              (i)  the aircraft is defective; and

                             (ii)  the defect is major damage or a major defect; and

                            (iii)  the defect is not a permissible unserviceability; or

                     (b)  the person considers that maintenance carried out on the aircraft may have adversely affected, to such an extent as to affect the safety of the aircraft, the flight characteristics of the aircraft or the operating characteristics of any aircraft component, or of any system of aircraft components, installed in the aircraft; or

                     (c)  the person is aware that certain maintenance that has been carried out on the aircraft has not been certified, in accordance with regulation 42ZE or 42ZN, to have been completed; or

                     (d)  the person is aware that:

                              (i)  information entered on the maintenance release is incorrect; or

                             (ii)  the maintenance release does not contain all information that it is required by or under these Regulations to contain.

        (13A)  A person must not contravene subregulation (13).

Penalty:

                     (a)  if the person signs the maintenance release in contravention of paragraph (13)(a) or (b)—50 penalty units; or

                     (b)  if the person signs the maintenance release in contravention of paragraph (13)(c)—10 penalty units; or

                     (c)  if the person signs the maintenance release in contravention of paragraph (13)(d)—25 penalty units.

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

           (16)  Where a maintenance release is issued under this regulation, or again commences to be in force by virtue of regulation 48, in respect of an aircraft, any other maintenance release in force in respect of the aircraft immediately before that issue or that commencement, as the case may be, ceases to be in force.

           (17)  An offence against subregulation (11) or (11A) is an offence of strict liability.

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

43A  Maintenance release to be available for inspection

             (1)  CASA or an authorised person may, at all reasonable times, inspect a maintenance release, or a copy of a maintenance release, for an aircraft.

             (2)  A person who has possession or custody of a maintenance release, or a copy of a maintenance release, must make it available for inspection by CASA or an authorised person at the request of CASA or the authorised person.

Penalty:  25 penalty units.

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

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

43B  Time‑in‑service to be recorded on maintenance release

             (1)  On the completion of flying operations on each day that an aircraft is flown, the owner, operator or pilot in command must record on the maintenance release the total time‑in‑service of the aircraft on the day.

Penalty:  25 penalty units.

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

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

44  Conditions with respect to maintenance releases

             (1)  CASA may, for the purpose of ensuring the safety of air navigation, give a direction that a condition set out in the direction shall apply in relation to:

                     (a)  every maintenance release in force on or after the date of the direction;

                     (b)  every maintenance release in respect of an aircraft of a kind specified in the direction in force on or after the date of the direction; or

                     (c)  a maintenance release in respect of a specified aircraft.

          (1A)  CASA may, for the purpose of ensuring the safety of air navigation, give directions requiring the endorsement of information on maintenance releases.

          (1B)  It is a condition of a maintenance release that any applicable directions under subregulation (1A) are complied with.

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

             (3)  A person who contravenes a direction given under this regulation is guilty of an offence punishable, on conviction, by:

                     (a)  in the case of a direction under subregulation (1)—a fine not exceeding 50 penalty units; and

                     (b)  in the case of a direction under subregulation (1A)—a fine not exceeding 25 penalty units.

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

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

45  Suspension or cancellation of maintenance release

             (1)  Where CASA is satisfied that a condition set out in, or applying in relation to, a maintenance release has not been complied with, CASA may suspend or cancel the maintenance release.

             (2)  A suspension or cancellation of a maintenance release under this regulation does not have effect in relation to a person until a notification of the suspension or cancellation has been served on the person.

46  Information to be passed to other persons

             (1)  If a direction setting out a condition that applies in relation to a maintenance release of an aircraft given under regulation 44, or a notification of a suspension or cancellation of a maintenance release of an aircraft given under regulation 45, has been served on the holder of the certificate of registration for the aircraft, the holder must use his or her best endeavours to ensure that the direction or the fact that the maintenance release has been suspended or cancelled, as the case may be, is brought to the attention of any person, who is likely to fly, or likely to issue a maintenance release for, the aircraft.

Penalty:  25 penalty units.

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

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

47  Maintenance release to cease to be in force

             (1)  If:

                    (aa)  the holder of the certificate of registration for; or

                   (ab)  the operator of; or

                    (ac)  a flight crew member of; or

                   (ad)  an authorised person engaged (whether as an employee or on his or her own behalf) in the maintenance of;

an aircraft in respect of which a maintenance release is in force becomes aware:

                     (a)  that:

                              (i)  a requirement or condition imposed under these Regulations in respect of the maintenance of the aircraft has not been complied with;

                             (ii)  the aircraft has developed a defect that is major damage or a major defect and that is not a permissible unserviceability;

                            (iii)  abnormal flight or ground loads have been imposed on the aircraft; or

                            (iv)  maintenance carried out on the aircraft may have adversely affected, to such an extent as to affect the safety of the aircraft, the flight characteristics of the aircraft or the operating characteristics of any aircraft component, or any system of aircraft components, installed in the aircraft; and

                     (b)  that there is a likelihood that the aircraft will be flown before:

                              (i)  the requirement or condition referred to in subparagraph (a)(i) has been complied with;

                             (ii)  the defect referred to in subparagraph (a)(ii) has been remedied;

                            (iii)  any damage caused by the imposition of the abnormal loads referred to in subparagraph (a)(iii) has been remedied; or

                            (iv)  the characteristics referred to in subparagraph (a)(iv) have been corrected;

                            as the case may be;

he or she shall enter on the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this subregulation, an endorsement signed by him or her setting out the facts of the situation and stating that the aircraft is unairworthy, and thereupon the maintenance release ceases to be in force.

Penalty:  25 penalty units.

          (1A)  For subregulation (1), damage to an aircraft is taken not to be major damage if advice has been given under regulation 21.007A of CASR that the damage is not major damage.

          (1B)  For subregulation (1), damage to a limited category aircraft is taken not to be major damage if advice has been given under regulation 132.175 of CASR that the damage is not major damage.

          (1C)  For subregulation (1), a defect in a limited category aircraft is taken not to be a major defect if advice has been given under regulation 132.175 of CASR that the defect is not a major defect.

             (3)  If:

                     (a)  the holder of the certificate of registration for; or

                     (b)  the operator of; or

                     (c)  the pilot in command of; or

                     (d)  an authorised person engaged (whether as an employee or on his or her own behalf) in the maintenance of;

an aircraft in respect of which a maintenance release is in force becomes aware that the certificate of airworthiness in respect of the aircraft has been suspended or cancelled, he or she shall enter on the maintenance release an endorsement signed by him or her setting out the facts of the situation and stating that the aircraft is unairworthy, and thereupon the maintenance release ceases to be in force.

Penalty:  25 penalty units.

             (5)  A maintenance release for an aircraft stops being in force when a maintenance release inspection of the aircraft begins.

             (6)  In this regulation, maintenance release inspection means an inspection carried out on an aircraft for the purpose of determining whether a maintenance release for the aircraft should be issued.

48  Maintenance release to recommence to be in force

             (1)  Where a maintenance release in respect of an aircraft ceases to be in force by virtue of an endorsement made under subregulation 47(1), the maintenance release shall again commence to be in force if:

                     (a)  where the endorsement refers to a requirement or condition in respect of the maintenance of the aircraft not having been complied with—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with regulation 42ZE or 42ZN, that the maintenance to which the requirement or condition relates has been completed;

                     (b)  where the endorsement refers to the aircraft having suffered major damage or having developed a major defect—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with regulation 42ZE or 42ZN, that the maintenance required to remedy the damage or the defect, as the case may be, has been completed;

                     (c)  where the endorsement refers to the aircraft having had imposed on it abnormal flight or ground loads—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with regulation 42ZE or 42ZN, that the maintenance required to be carried out to check whether that imposition has caused any damage to the aircraft, and to remedy any damage so caused, has been completed; or

                     (d)  where the endorsement relates to the flight characteristics of the aircraft or the operating characteristics of an aircraft component, or system of aircraft components, installed in the aircraft—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with regulation 42ZE or 42ZN, that the maintenance required to correct the flight characteristics or operating characteristics, as the case may be, has been completed.

             (2)  Where a maintenance release in respect of an aircraft ceases to be in force by virtue of an endorsement made under regulation 47, the maintenance release shall again commence to be in force if there is entered on the maintenance release or other document on which the endorsement was made a further endorsement signed by an authorised person cancelling the first‑mentioned endorsement.

             (3)  An authorised person must not make an endorsement under subregulation (2) if there is a reason why the endorsement to be cancelled should remain in force.

Penalty:  25 penalty units.

             (4)  A maintenance release that has ceased to be in force by virtue of an endorsement made under regulation 47 shall not again commence to be in force except by virtue of an endorsement made under this regulation.

             (5)  This regulation does not have effect in relation to a maintenance release issued in respect of an aircraft if:

                     (a)  the period during which the maintenance release is expressed to remain in force has expired; or

                     (b)  a subsequent maintenance release has been issued in respect of the aircraft by virtue of subregulation 43(7).

49  Permissible unserviceabilities to be endorsed on maintenance releases

             (1)  This regulation applies to each of the following persons in relation to an aircraft in respect of which a maintenance release is in force:

                     (a)  the holder of the certificate of registration for the aircraft;

                     (b)  the operator of the aircraft;

                     (c)  a flight crew member of the aircraft;

                     (d)  a person who is permitted by regulation 42ZC or 42ZD to carry out maintenance on the aircraft.

             (2)  If:

                     (a)  an aircraft in respect of which a maintenance release is in force has developed a defect that is a permissible unserviceability; and

                     (b)  there is a likelihood that the aircraft will be flown before the permissible unserviceability is rectified;

a person mentioned in subregulation (1), who becomes aware of the defect, must endorse the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this regulation, in the manner set out in subregulation (3).

Penalty:  25 penalty units.

             (3)  For subregulation (2), the maintenance release or other document must be signed by the person mentioned in subregulation (1), and must:

                     (a)  set out each permissible unserviceability that exists with respect to the aircraft; and

                     (b)  set out the conditions (if any) with respect to the use of the aircraft with those permissible unserviceabilities set out in any direction given under regulation 37, or approval under regulation 21.007 of CASR, in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Civil Aviation Orders; and

                     (c)  state that the maintenance release has effect subject to those conditions, whether set out in the maintenance release or the other document or otherwise.

50  Defects and major damage to be endorsed on maintenance release

             (1)  This regulation applies to each of the following persons:

                     (a)  the holder of the certificate of registration for an Australian aircraft;

                     (b)  the operator of an Australian aircraft;

                     (c)  a flight crew member of an Australian aircraft.

             (2)  If:

                     (a)  there is a defect in the aircraft; or

                     (b)  the aircraft has suffered major damage;

a person mentioned in subregulation (1), who becomes aware of the defect or damage, must endorse the maintenance release of the aircraft or other document approved for use as an alternative for the purposes of this regulation, setting out the particulars of the defect or damage, as the case may be, and sign the endorsement.

Penalty:  25 penalty units.

Division 10Aircraft log books

50A  Aircraft log book

             (1)  Subject to regulation 50B, the holder of the certificate of registration for an Australian aircraft must:

                     (a)  keep a log book for the aircraft; and

                     (b)  make the log book, and other documents referred to in the log book, available to CASA and to persons engaged in maintenance on the aircraft;

in accordance with the instructions issued by CASA under subregulation (2).

Penalty:  50 penalty units.

             (2)  CASA may issue written instructions:

                     (a)  relating to how aircraft log books are to be kept; and

                     (b)  requiring aircraft log books, and documents referred to in aircraft log books, to be made available to CASA and to persons engaged in maintenance on aircraft.

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

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

50B  Alternative to aircraft log book or section of aircraft log book

             (1)  CASA may, in writing, approve the use, in relation to an Australian aircraft, of an alternative to an aircraft log book or to a particular section of an aircraft log book.

             (2)  An approval may be subject to such conditions as CASA considers necessary in the interests of the safety of air navigation.

             (3)  If CASA approves the use of an alternative to an aircraft log book, the holder of the certificate of registration of the aircraft concerned must:

                     (a)  keep a record relating to the aircraft’s maintenance; and

                     (b)  make the record, and other documents referred to in the record, available to CASA and to persons engaged in maintenance on the aircraft;

in accordance with the terms of the approval.

Penalty:  50 penalty units.

             (4)  If CASA approves the use of an alternative to a particular section of an aircraft log book, the holder of the certificate of registration of the aircraft concerned must:

                     (a)  keep a record relating to the aspects of the aircraft’s maintenance that would otherwise be covered by that section; and

                     (b)  make the record, and other documents referred to in the record, available to CASA and to persons engaged in maintenance on the aircraft;

in accordance with the terms of the approval.

Penalty:  50 penalty units.

             (5)  A person must not engage in conduct that results in the alteration of an entry in an alternative to an aircraft log book if:

                     (a)  the alteration is not a single line through the words to be struck out; and

                     (b)  the words struck out do not remain legible.

Penalty:  50 penalty units.

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

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

50C  Directions relating to aircraft maintenance records

             (1)  CASA may, for the purpose of ensuring the safety of air navigation, give directions in relation to:

                     (a)  the retention and transfer of aircraft maintenance records and parts of aircraft maintenance records; and

                     (b)  the making and keeping of copies of aircraft maintenance records and parts of aircraft maintenance records.

             (2)  A direction is not binding on a person unless it has been served on the person.

             (3)  A person must not contravene a direction that is binding on the person.

Penalty:  50 penalty units.

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

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

50D  Inspection of records

             (1)  A person required by this Division (including by a direction under regulation 50C) to keep or retain a record must make the record available for inspection by CASA or an authorised person at the request of CASA or the authorised person.

Penalty:  25 penalty units.

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

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

Division 11Miscellaneous

50E  Inconsistent requirements—resolution of inconsistencies

             (1)  This regulation applies where, apart from this regulation, a person would be required, by this Part, to comply with two requirements that are inconsistent.

             (2)  The person is only required to comply with whichever of the requirements has the higher priority.

             (3)  For the purposes of this regulation, two requirements are inconsistent if:

                     (a)  it is not possible to comply with both of the requirements; or

                     (b)  they require the same, or substantially the same, action to be taken at different times or in a different way.

             (4)  The order of priority of requirements is as follows (starting with those of highest priority):

                     (a)  requirements in these Regulations (except those requirements mentioned in the remaining provisions of this subregulation);

                     (b)  requirements in instruments made under these Regulations;

                     (c)  requirements in documents (including designs) approved by CASA or authorised persons under these Regulations;

                     (d)  requirements in instructions issued by designers of modifications of aircraft;

                     (e)  requirements in instructions issued by designers of modifications of aircraft components;

                      (f)  requirements in instructions issued by aircraft manufacturers;

                     (g)  requirements in instructions issued by aircraft component manufacturers;

                     (h)  requirements in instructions issued by aircraft material manufacturers;

                      (j)  requirements in documents that are approved maintenance data because of paragraph 2A(2)(e).

             (5)  If there is in existence more than one requirement of a kind mentioned in one of the paragraphs of subregulation (4), then the requirement that is later in time has higher priority.

50F  Notice of maintenance to be given

             (1)  A person who has control in Australian territory of an aircraft on which maintenance is being carried out must take reasonable steps to ensure that notice that the maintenance is being carried out is given to any person likely to want to fly the aircraft.

Penalty:  50 penalty units.

             (2)  For the purposes of this regulation, an aircraft on which maintenance (other than approved maintenance to be carried out by the holder of a pilot licence that is valid for the aircraft) has been commenced is to be taken to be an aircraft on which maintenance is being carried out until completion of the maintenance has been certified in accordance with regulation 42ZE.

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

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

50G  Copying or disclosing CVR information

             (1)  For paragraph 32AP(3A)(a) of the Act, the following are authorised:

                     (a)  a person who:

                              (i)  is a staff member within the meaning of the Transport Safety Investigation Act 2003; and

                             (ii)  has had training with respect to the replay and analysis of cockpit voice recordings; and

                            (iii)  has been briefed on the requirements of Part IIIB of the Act;

                     (b)  a person who:

                              (i)  is to check on behalf of the holder of a CVR certificate of approval (the holder) whether equipment used to make a cockpit voice recording is functioning and reliable; and

                             (ii)  has had training from the holder with respect to the replay and analysis of cockpit voice recordings; and

                            (iii)  has been briefed by the holder on the requirements of Part IIIB of the Act.

             (2)  In this regulation, CVR certificate of approval means a certificate of approval covering the maintenance of aeronautical products used to make cockpit voice recordings.

Part 4BDefect reporting

  

51  Reporting of defects in Australian aircraft—general

             (1)  Where a person who, in the course of his or her employment with an employer, is engaged in the maintenance of an Australian aircraft becomes aware of the existence of a defect in the aircraft, the person shall report the defect to his or her employer.

             (2)  Subject to subregulation (3), if a person engaged in the maintenance of an Australian aircraft becomes aware of the existence of a major defect in the aircraft, the person must report the defect to the holder of the certificate of registration for the aircraft and to CASA.

Penalty:  25 penalty units.

             (3)  A person is not required to report a defect under subregulation (2) if:

                     (a)  the person was engaged in the maintenance as an employee; or

                     (b)  the person is the holder of the certificate of registration for the aircraft.

             (4)  If the holder of the certificate of registration for an Australian aircraft becomes aware of the existence of a defect in the aircraft, he or she must:

                     (a)  have an investigation made of the defect; and

                     (b)  if the defect is a major defect—have a report made to CASA with respect to the defect and to any matters revealed by the investigation.

Penalty:  25 penalty units.

51A  Reporting of defects in Australian aircraft: major defects

             (1)  This regulation applies to major defects:

                     (a)  that have caused, or that could cause, a primary structural failure in an aircraft; or

                     (b)  that have caused, or that could cause, a control system failure in an aircraft; or

                     (c)  that have caused, or that could cause, an engine structural failure in an aircraft; or

                     (d)  caused by, that have caused, or that could cause, fire in an aircraft.

             (2)  If a person connected with the operation of, or the carrying out of maintenance on, an Australian aircraft discovers a defect in the aircraft, being a defect of a kind to which this regulation applies, the person must report the defect to CASA immediately.

Penalty:  50 penalty units.

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

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

             (3)  A person must not prevent another person from reporting a defect of a kind to which this regulation applies.

Penalty:  50 penalty units.

             (4)  It is a defence to a prosecution under subregulation (2) if the person charged establishes:

                     (a)  a reason for not being able to report the defect to CASA immediately; and

                     (b)  that the reason was:

                              (i)  by its nature such as to prevent the person reporting the defect to CASA immediately; or

                             (ii)  that the defect required further investigation to discover the extent of the defect; and

                     (c)  that the person reported the defect to CASA as soon as he or she was not prevented by the reason from doing so.

51B  Defects discovered in complying with directions by CASA

             (1)  If a person discovers a defect in an aircraft in the course of complying with an airworthiness directive or a direction given by CASA under regulation 38, the person must report the defect to CASA.

Penalty:  25 penalty units.

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

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

52  Defects discovered in aircraft components

             (1)  This regulation applies if:

                     (a)  a person engaged in the maintenance of an aircraft component becomes aware of a defect in the component; or

                     (b)  a person engaged in the maintenance of an aircraft becomes aware of a defect in an aircraft component that the person proposed to install in the aircraft in the course of that maintenance; or

                     (c)  a person who holds a certificate of approval that covers the maintenance of aircraft components becomes aware of a defect in an aircraft component that he or she owns; or

                     (d)  a person who holds an Air Operator’s Certificate becomes aware of a defect in an aircraft component that he or she owns and intends to install in an aircraft used in operations under that Air Operator’s Certificate.

             (2)  If the person owns the aircraft component:

                     (a)  the person must have an investigation made of the defect; and

                     (b)  if the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property—the person must have a report made to CASA in relation to the defect and any matters revealed by the investigation.

Penalty:  25 penalty units.

             (3)  If the person does not own the aircraft component the person must:

                     (a)  have a report made to the owner of the component in relation to the defect; and

                     (b)  if the person thinks that the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might become affected or the aircraft might become a danger to person or property—have a report made to CASA in relation to the defect.

Penalty:  25 penalty units.

             (4)  After the owner of an aircraft component receives the report mentioned in paragraph (3)(a):

                     (a)  the owner must have an investigation made of the defect; and

                     (b)  if the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property—the owner must have a report made to CASA in relation to the defect and any matters revealed by the investigation.

Penalty:  25 penalty units.

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

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

52A  How must reports to Authority be made?

             (1)  A report of a defect to CASA under regulation 51, 51A or 52:

                     (a)  must be made in accordance with this regulation; and

                     (b)  is not taken to be made unless in accordance with this regulation.

             (2)  A report must:

                     (a)  describe the defect; and

                     (b)  set out the date on which the defect was discovered; and

                     (c)  set out the circumstances in which the defect was discovered; and

                     (d)  set out any action that has been taken or that is proposed to be taken:

                              (i)  to rectify the defect; or

                             (ii)  to prevent the defect from recurring; and

                     (e)  set out what the person making the report thinks is the cause of the defect; and

                      (f)  if the defect is in an aircraft—set out:

                              (i)  the type, model, serial number and registration mark of the aircraft; and

                             (ii)  the type, model and serial number of the aircraft’s engine; and

                            (iii)  if the aircraft has a propeller—the type, model and serial number of the aircraft’s propeller; and

                            (iv)  the time in service of, number of landings of, or number of cycles completed by, the aircraft since new; and

                     (g)  if the defect is in an aircraft component—set out:

                              (i)  the identity of the component, including (if applicable) the part number and serial number of the component; and

                             (ii)  the time in service of, or the number of cycles completed by, the component since new; and

                            (iii)  if the component has been overhauled—the time in service of, or the number of cycles completed by, the component since its most recent overhaul; and

                            (iv)  if the component is a turbine engine—the number of cycles completed by the component since new.

             (3)  Subject to subregulation (4), a report to CASA in relation to a defect must be sent to CASA within 2 working days of the discovery of the defect.

             (4)  Subregulation (3) does not apply to a report of a defect of a kind to which regulation 51A applies.

52B  Keeping of defective aircraft and aircraft components

             (1)  This regulation applies where a person:

                     (a)  who owns an aircraft or an aircraft component; or

                     (b)  who is otherwise in possession of an aircraft or an aircraft component;

is required, by a provision of this Division, to report a defect in the aircraft or component to CASA.

             (2)  The person must take reasonable steps to ensure that:

                     (a)  the aircraft, or the part of the aircraft that is defective; or

                     (b)  the aircraft component;

as the case requires, is kept in a state that will allow CASA to investigate the defect.

Penalty:  25 penalty units.

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

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

             (3)  Subject to subregulation (5), the obligation under subregulation (2) ends when CASA gives the person notice that the aircraft, part of the aircraft, or aircraft component is no longer required to be kept in a state that allows CASA to investigate the defect.

             (4)  CASA must give the notice to the person within a period of 1 year from the day on which the defect was reported to CASA.

             (5)  If CASA does not give the notice to the person within that period, the obligation under subregulation (2) ends at the end of that period.

53  Investigation of defects of Australian aircraft

             (1)  An authorised person may, for the purpose of ensuring the safety of air navigation, conduct an investigation into any matter connected with any defect in an Australian aircraft (including the making of a test of an aircraft or of any aircraft component installed or provided in an aircraft).

             (2)  An investigation under subregulation (1) may extend to defects generally or may be limited to the investigation of a particular defect or a particular kind of defect.

             (3)  The authorised person may, for the purposes of carrying out the investigation:

                     (a)  by order in writing served on a person, require the production to the first‑mentioned person of any documents, aircraft components or other things that are in the possession, or under the control, of the person on whom the order is served;

                     (b)  retain any document, aircraft component or other thing produced during the course of the investigation for such period as is necessary for the purpose of carrying out the investigation; and

                     (c)  make and retain copies of, or take extracts from, any document so produced.

          (3A)  A person must comply with an order.

Penalty:  10 penalty units.

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

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

             (4)  Where the retention of a document, aircraft component or other thing produced for the purposes of an investigation is no longer necessary, CASA or the authorised person shall return the document, aircraft component or other thing to the person by whom it was produced.

Part 4CFlight manuals

  

54  Registered operators to maintain aircraft flight manuals

                   The registered operator of an aircraft must ensure that the aircraft’s flight manual is at all times appropriate for the aircraft, having regard to:

                     (a)  any direction issued by CASA relating to the flight manual; and

                     (b)  any modifications to the aircraft that would require amendment of the flight manual; and

                     (c)  any instructions in relation to the flight manual from the holder of a type certificate, supplemental type certificate or modification/repair design approval that applies to the aircraft.

Part 4DRemoval or alteration of data plates etc.

  

56  Definitions for this Part

                   In this Part:

manufacturer’s data plate means a manufacturer’s data plate attached to an aircraft, aircraft engine or aircraft propeller under Division 21.Q.2 of CASR.

57  Removal or alteration of manufacturer’s data plate

             (1)  A person must not remove from an aircraft, aircraft engine, aircraft propeller, propeller blade or propeller hub a manufacturer’s data plate that has been attached to the aircraft, engine, propeller, blade or hub, if the person does not have CASA’s written approval to do so.

Penalty:  20 penalty units.

Note:          The removal of a manufacturer’s data plate is permitted during maintenance, subject to conditions—see regulation 60.

             (2)  A person must not, without CASA’s written approval, remove or engage in conduct that results in the alteration of any of the information on a manufacturer’s data plate required by Division 21.Q.2 of CASR to be there.

Penalty:  20 penalty units.

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

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

             (3)  CASA must not grant an approval for subregulation (1) or (2) if granting the approval would adversely affect the safety of air navigation.

58  Removal or alteration of identification from heater assembly of manned balloon or propeller

             (1)  A person must not, without CASA’s written approval, remove or engage in conduct that results in the alteration of any of the information marked on the heater assembly of a manned balloon under Division 21.Q.2 of CASR.

Penalty:  20 penalty units.

             (2)  If information mentioned in subregulation 21.840(5) of CASR is marked on an aircraft propeller, propeller blade or propeller hub, a person must not, without CASA’s written approval, remove or engage in conduct that results in the alteration of any of that information.

Penalty:  20 penalty units.

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

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

             (3)  CASA must not grant an approval for subregulation (1) or (2) if granting the approval would adversely affect the safety of air navigation.

59  Transfer of manufacturer’s data plate to another aircraft etc prohibited

             (1)  A person must not attach, to an aircraft, aircraft engine, aircraft propeller, propeller blade or propeller hub, a manufacturer’s data plate that bears information about another aircraft, engine, propeller, blade or hub.

Penalty:  50 penalty units.

             (2)  A person must not mark on an aircraft propeller, propeller blade or propeller hub information:

                     (a)  about another propeller, blade or hub; or

                     (b)  about a fictitious propeller, blade or hub.

Penalty:  50 penalty units.

             (3)  A person must not mark on a balloon heater:

                     (a)  information about another balloon heater; or

                     (b)  information about a fictitious balloon heater.

Penalty:  50 penalty units.

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

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

60  Removal of manufacturer’s data plates

             (1)  In spite of regulation 57, a person carrying out maintenance on an aircraft, aircraft engine or aircraft propeller or the basket of a manned balloon may remove the manufacturer’s data plate attached to the aircraft, engine, propeller or basket if he or she does so in accordance with a method, technique or practice acceptable to CASA.

             (2)  A person who has removed a manufacturer’s data plate from an aircraft, aircraft engine or aircraft propeller, or from the basket of a manned balloon, under subregulation (1) must re‑attach it to the aircraft, engine, propeller or basket in accordance with a method, technique or practice acceptable to CASA.

Penalty:  50 penalty units.

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

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


Part 5Balloon flight crew licensing

  

Table of contents

Division 5.1—Balloon flight crew licensing—preliminary

5.01           Definitions for Part 5

5.02           What Part 5 is about

5.03           Authorisation—performing activities essential to operation of Australian balloons without commercial pilot (balloon) licence

Division 5.2—Balloon flight crew licensing—medical certificates

5.04           Medical certificate—balloon flight crew licence

5.05           Medical certificate—CAR certificate of validation

5.07           Medical certificate—flight tests

Division 5.3—Balloon flight crew licensing—licences, ratings and endorsements

5.08           Balloon flight crew licence—application

5.09           Balloon flight crew licence—issue

5.13           Balloon flight crew rating—application

5.14           Balloon flight crew rating—issue

5.17           Balloon flight crew rating—duration

5.18           Balloon flight crew rating—authority and flight tests

5.19           Balloon flight crew rating—flight tests

5.20           Balloon flight crew rating—approval to give training

5.23           Balloon class endorsement—issue

Division 5.4—Balloon flight crew licensing—certificates of validation

5.27           CAR certificate of validation—issue

5.30           CAR certificate of validation—overseas balloon authorisation information to be entered

5.31           CAR certificate of validation—effect

5.32           CAR certificate of validation—period of validity

5.33           CAR certificate of validation—offences

Division 5.5—Balloon flight crew licensing—general

5.40           Pilot acting in command under supervision

5.41           Balloon flight crew licence—tests and examinations

5.42           Balloon flight tests—CASA to be notified

5.50           Authorisation to test balloon

5.51           Personal log books

5.52           What must be recorded in a personal log book?

5.53           How long must a personal log book be retained?

5.54           Evidence of identity—CASA’s powers

5.54A        Evidence of identity—examinations

5.56           Balloon flight crew licence—production etc.

Division 5.6—Balloon flight crew licensing—balloon flying schools

5.57           Balloon flying schools—transfer of student records

5.58           Balloon flying schools—chief balloon flying instructor

5.59           Syllabuses of training

Division 5.7—Balloon flight crew licensing—flight radiotelephone operator licence

5.61           Flight radiotelephone operator licence—issue

5.62           Flight radiotelephone operator licence—authorisation

5.63           Flight radiotelephone operator licence—conduct of examination and test

Division 5.11—Balloon flight crew licensing—commercial pilot (balloon) licences

5.138         Commercial pilot (balloon) licence—qualifications

5.139         Commercial pilot (balloon) licence—authorisation

5.140         Commercial pilot (balloon) licence—authorisation: balloon classes

5.141         Commercial pilot (balloon) licence—authorisation: balloon types

5.142         Commercial pilot (balloon) licence—rating required

5.143         Commercial pilot (balloon) licence—regular balloon flight reviews required

5.144         Commercial pilot (balloon) licence—recent experience requirements

5.145         Commercial pilot (balloon) licence—aeronautical experience required

5.146         Commercial pilot (balloon) licence—balloon flying training required

5.147         Commercial pilot (balloon) licence—flight tests


Division 5.1Balloon flight crew licensing—preliminary

5.01  Definitions for Part 5

             (1)  In this Part:

approved balloon testing officer, for a flight test for a balloon class endorsement or balloon flight crew rating, means a person to whom the Director has delegated CASA’s power under regulation 5.19 or 5.41 to conduct the flight test.

approved check radio operator means:

                     (a)  a person who holds:

                              (i)  a commercial (balloon) pilot licence; and

                             (ii)  a flight instructor (balloon) rating; or

                     (b)  a person:

                              (i)  employed by, or working under an arrangement with, a training and checking organisation established for the purposes of regulation 217; and

                             (ii)  approved by the manager of the organisation to conduct a flight radiotelephone theory examination and a flight practical test.

Australian balloon means a balloon that is an Australian aircraft.

authorised balloon flight instructor means a person who:

                     (a)  holds a current flight instructor (balloon) rating; and

                     (b)  either:

                              (i)  is the holder of an AOC that authorises balloon flying training; or

                             (ii)  is employed to instruct by, or instructs under an arrangement with, a person who is the holder of an AOC that authorises balloon flying training.

balloon class endorsement means an endorsement that authorises its holder to fly balloons included in a particular class of balloon.

balloon flight crew licence: see regulation 5.08.

balloon flight crew rating means a rating of a kind mentioned in regulation 5.13.

balloon flying school means a school for which there is an AOC that authorises the school to conduct balloon flying training.

balloon flying training means any training given during flight time in a balloon for the purpose of increasing a person’s skill in flying the balloon.

balloon proficiency check means a check:

                     (a)  that tests the aeronautical skills and aeronautical knowledge relevant to balloon flight of the person undertaking the check; and

                     (b)  that is required by subregulation 217(2).

CAR certificate of validation means a certificate issued under regulation 5.27.

CASA flying operations inspector means a person employed by CASA as:

                     (a)  a flying operations inspector (however described); or

                     (b)  a senior flying operations inspector (however described).

chief balloon flying instructor means a person:

                     (a)  who holds a current flight instructor (balloon) rating; and

                     (b)  who is appointed by a balloon flying school to supervise the balloon flying training given by the school; and

                     (c)  whose appointment is approved by CASA under regulation 5.58.

class, of balloon, means a class mentioned in table 5.01.

 

Table 5.01—Classification of balloons

 

Column 1

Column 2

Item

Class of balloon

Description of balloon

1

Class 1

Hot air balloons that have a volume of not more than 260 000 cubic feet

2

Class 2

Hot air balloons that have a volume of more than 260 000 cubic feet

3

Class 3

Gas balloons

commercial (balloon) pilot means the holder of a commercial pilot (balloon) licence.

commercial (balloon) pilot licence means a commercial pilot (balloon) licence issued under this Part.

equivalent: see regulation 5.31.

flight radiotelephone operator licence means a flight radiotelephone operator licence issued under this Part.

flight radiotelephone practical test means a practical test of a person’s knowledge and skill in the use of an aeronautical radio set by CASA under subregulation 5.41(3).

flight test means a practical test of a person’s aeronautical knowledge and practical flying skill set by CASA under subregulation 5.41(2).

free flight time, in relation to a balloon, means any part of the flight time in the balloon during which it is not tethered.

overseas balloon authorisation means an authorisation (however described) that:

                     (a)  authorises the holder to perform activities essential to the operation of balloons during flight time; and

                     (b)  is issued by the responsible authority of a Contracting State.

overseas medical certificate, in relation to an overseas balloon authorisation, means a certificate that:

                     (a)  is issued by the responsible authority of the Contracting State that issued the authorisation; and

                     (b)  indicates that its holder meets the medical standard set by the responsible authority; and

                     (c)  authorises its holder to exercise the authority given by the authorisation in the Contracting State.

overseas radio licence means a licence (however described) issued in accordance with Annex 1 to the Chicago Convention by a country that is a signatory to the International Telecommunication Convention.

personal log book means the log book required by regulation 5.51.

responsible authority, in relation to a Contracting State, means the authority that has responsibility for the licensing of persons to perform activities essential to the operation of balloons in the State.

responsible organisation means:

                     (a)  the responsible authority of a Contracting State; or

                     (b)  the Defence Force of Australia, or of a Contracting State; or

                     (c)  a sport aviation body.

student record means a record of a person’s progress in balloon flying training and ground training that is kept by a balloon flying school at which the person receives balloon flying training.

syllabus means a syllabus of training published under regulation 5.59.

tethered flight time, in relation to a balloon, means any part of the flight time in the balloon during which the balloon is tethered.

theory examination means an examination set under subregulation 5.41(1).

             (2)  For this Part, a balloon flight crew rating is required for the following activities:

                     (a)  giving balloon flying training;

                     (b)  flying at night under the VFR.

             (3)  For this Part, a person flies a balloon as pilot acting in command under supervision if, during flight time in the balloon, the person performs the activities and functions of the pilot in command while under the supervision of the pilot in command approved for the purpose by the operator of the balloon.

5.02  What Part 5 is about

                   This Part:

                     (a)  sets out the requirements that apply to:

                              (i)  commercial pilot (balloon) licences; and

                             (ii)  flight radiotelephone operator licences for balloon pilots; and

                     (b)  empowers CASA to make Civil Aviation Orders about the requirements that apply to balloon flight crew ratings and balloon class endorsements.

5.03  Authorisation—performing activities essential to operation of Australian balloons without commercial pilot (balloon) licence

                   A person is authorised to perform an activity essential to the operation of an Australian balloon during flight time without holding a commercial pilot (balloon) licence or CAR certificate of validation if:

                     (a)  the person:

                              (i)  is accompanied by an authorised balloon flight instructor; and

                             (ii)  is receiving balloon flying training; or

                     (b)  the person is attempting a flight test for a commercial pilot (balloon) licence.

Division 5.2Balloon flight crew licensing—medical certificates

5.04  Medical certificate—balloon flight crew licence

             (1)  The holder of a balloon flight crew licence commits an offence if:

                     (a)  the holder performs an activity authorised by the licence; and

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

Penalty:  50 penalty units.

             (2)  For paragraph (1)(b), the requirement is that the holder must:

                     (a)  hold a current class 1 or 2 medical certificate; or

                     (b)  have the permission of CASA to perform the activity without holding a current medical certificate.

             (3)  CASA may, on the written or oral application of the holder of a balloon flight crew licence, authorise the holder to perform an activity essential to the operation of an Australian balloon during flight time without holding a current class 1 or 2 medical certificate if:

                     (a)  in all the circumstances it is reasonable to allow the holder to perform the duty without holding the certificate; and

                     (b)  the performance of the activity by the holder without holding the certificate will not adversely affect the safety of air navigation.

Note:          Class 1 and 2 medical certificates are issued under Part 67 of CASR. The medical standards for obtaining each class of medical certificate are set out in that Part.

             (4)  An offence against this regulation is an offence of strict liability.

5.05  Medical certificate—CAR certificate of validation

             (1)  The holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if:

                     (a)  the holder is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which the authorisation was issued; and

                     (b)  the holder performs an activity authorised by the certificate; and

                     (c)  the holder does not hold an overseas medical certificate for the authorisation that is in force.

Penalty:  50 penalty units.

             (2)  An offence against this regulation is an offence of strict liability.

5.07  Medical certificate—flight tests

             (1)  A person who does not hold a commercial pilot (balloon) licence or CAR certificate of validation commits an offence if:

                     (a)  the person attempts a flight test for a commercial pilot (balloon) licence; and

                     (b)  the person does not hold a class 1 or 2 medical certificate.

Penalty:  50 penalty units.

             (2)  An approved balloon testing officer commits an offence if:

                     (a)  the officer conducts a flight test for the issue of a commercial pilot (balloon) licence or for the issue, or renewal, of a balloon flight crew rating; and

                     (b)  the person attempting the test does not meet the requirement mentioned in subregulation (3).

Penalty:  50 penalty units.

             (3)  For paragraph (2)(b), the requirement is that the person must:

                     (a)  hold a current class 1 or 2 medical certificate; or

                     (b)  hold both:

                              (i)  a CAR certificate of validation for an overseas balloon authorisation; and

                             (ii)  a current overseas medical certificate for the authorisation.

             (4)  An offence against this regulation is an offence of strict liability.

Division 5.3Balloon flight crew licensing—licences, ratings and endorsements

5.08  Balloon flight crew licence—application

                   A person may apply to CASA, in writing, for the issue of either or both of the following (a balloon flight crew licence):

                     (a)  a commercial pilot (balloon) licence;

                     (b)  a flight radiotelephone operator licence.

5.09  Balloon flight crew licence—issue

             (1)  Subject to subregulation (2), CASA must issue a balloon flight crew licence to an applicant if the applicant:

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

                     (b)  is qualified to hold the licence; and

                     (c)  is a suitable person to hold the licence.

Note:          For whether a person is qualified to hold a balloon flight crew licence, see regulations 5.61 and 5.138.

             (2)  CASA must not issue a balloon flight crew licence to a person if the person:

                     (a)  has knowingly or recklessly made a false or misleading statement in relation to the person’s application for the licence; or

                     (b)  does not satisfy the requirements of subregulation (1).

             (3)  In deciding whether an applicant for a balloon flight crew licence is a suitable person to hold the licence, CASA must only take into account:

                     (a)  any action taken by CASA, or a responsible organisation, in relation to any authority to perform activities essential to the operation of a balloon during flight time that was given to the applicant by CASA, or the organisation; and

                     (b)  any other matter that relates to the safety of air navigation.

             (4)  An applicant for a balloon flight crew licence commits an offence if the applicant:

                     (a)  is aware of information that is relevant to a matter that CASA must take into account under subregulation (3); and

                     (b)  does not disclose the information to CASA.

Penalty:  50 penalty units.

5.13  Balloon flight crew rating—application

                   The holder of a commercial pilot (balloon) licence or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence may apply to CASA for the issue of either or both of the following balloon flight crew ratings:

                     (a)  a flight instructor (balloon) rating;

                     (b)  a balloon grade of night VFR rating.

5.14  Balloon flight crew rating—issue

             (1)  CASA may give directions in Civil Aviation Orders setting out requirements for the issue of a balloon flight crew rating to a person.

             (2)  The Orders may include:

                     (a)  the flight tests that must be passed by the person; and

                     (b)  any other requirements that must be satisfied by the person; and

                     (c)  any other condition that must be satisfied by, or in relation to, the person.

             (3)  Subject to subregulation (4), CASA must issue a balloon flight crew rating to a qualified person, or renew the person’s rating, by entering the rating in the person’s personal log book only if:

                     (a)  the person has passed the necessary flight tests; and

                     (b)  the person satisfies the other requirements; and

                     (c)  any other condition to be met by, or in relation to, the person has been met;

for the issue, or renewal, of the rating.

             (4)  CASA must not issue a balloon flight crew rating to a person, or renew the person’s rating, if the person:

                     (a)  has knowingly or recklessly made a false or misleading statement in relation to the person’s application for the rating; or

                     (b)  does not satisfy the requirements of subregulation (3).

             (5)  In this regulation:

qualified person means a person who holds a commercial pilot (balloon) licence or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence.

5.17  Balloon flight crew rating—duration

             (1)  A balloon flight crew rating remains in force from the day on which it is issued, or renewed, until:

                     (a)  the end of the period set out in the Civil Aviation Orders as the period for which a rating of that kind remains in force; or

                     (b)  the end of the period set out by CASA in the holder of the rating’s personal log book as the period for which the rating remains in force; or

                     (c)  it is suspended or cancelled;

whichever occurs first.

             (2)  If a balloon flight crew rating is entered by CASA in a personal log book, CASA may set out in the log book the period for which the rating remains in force.

             (3)  CASA may give directions in Civil Aviation Orders setting out the period for which a balloon flight crew rating remains in force.

5.18  Balloon flight crew rating—authority and flight tests

                   CASA may give directions in Civil Aviation Orders setting out:

                     (a)  the authority given by a balloon flight crew rating; and

                     (b)  the limitations on that authority; and

                     (c)  the flight tests that must be passed, or any other requirement that must be satisfied, before that authority may be exercised.

5.19  Balloon flight crew rating—flight tests

             (1)  CASA may issue Civil Aviation Orders that describe the flight tests for the issue of a balloon flight crew rating to a person.

             (2)  The Orders may include:

                     (a)  any condition that must be satisfied by, or in relation to, the person; and

                     (b)  the content of any test that must be passed by the person; and

                     (c)  the way in which a test is to be conducted.

             (3)  CASA may conduct the flight tests in relation to a balloon flight crew rating that are required by the Civil Aviation Orders.

5.20  Balloon flight crew rating—approval to give training

             (1)  CASA may approve a person who holds a commercial pilot (balloon) licence to give balloon flying training for the issue of a balloon flight crew rating.

             (2)  CASA may give an approval subject to any condition that is necessary in the interests of the safety of air navigation.

             (3)  CASA must:

                     (a)  set out the condition in the approval; or

                     (b)  give it as a direction in Civil Aviation Orders.

             (4)  A person commits an offence if the person contravenes a condition to which his or her approval is subject.

Penalty:  50 penalty units.

             (5)  CASA may, in writing, revoke a person’s approval if:

                     (a)  the person’s commercial pilot (balloon) licence is suspended or cancelled; or

                     (b)  a court makes an order in relation to the person under section 30A of the Act that affects the authority given by the person’s commercial pilot (balloon) licence; or

                     (c)  there are reasonable grounds for believing that the person has contravened a condition to which his or her approval is subject; or

                     (d)  it is necessary to do so in the interests of the safety of air navigation.

             (6)  If CASA revokes a person’s approval, it must give the person written notice of the revocation setting out the grounds for the revocation.

             (7)  An offence against this regulation is an offence of strict liability.

5.23  Balloon class endorsement—issue

             (1)  CASA may give directions in Civil Aviation Orders setting out requirements for the issue of balloon class endorsements.

             (2)  Subject to subregulation (3), CASA must issue a balloon class endorsement to the holder of a commercial pilot (balloon) licence or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence by entering the endorsement in the holder’s personal log book if the holder satisfies the requirements for the issue of the endorsement.

             (3)  CASA must not issue a balloon class endorsement to a person if the person:

                     (a)  has knowingly or recklessly made a false or misleading statement in relation to the person’s application for an endorsement; or

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

Division 5.4Balloon flight crew licensing—certificates of validation

5.27  CAR certificate of validation—issue

             (1)  A person may apply to CASA, in writing, for the issue of a CAR certificate of validation for an overseas balloon authorisation held by the person if:

                     (a)  the person’s overseas balloon authorisation is in force; and

                     (b)  where the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which the authorisation was issued—the person holds an overseas medical certificate for the authorisation that is in force.

             (2)  Subject to subregulation (3), CASA may issue a CAR certificate of validation to an applicant if:

                     (a)  the applicant satisfies the requirements of subregulation (1); and

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

                     (c)  the applicant is a suitable person to hold the certificate; and

                     (d)  the applicant has passed the CAR certificate of validation examinations that CASA considers necessary in the interests of the safety of air navigation.

             (3)  CASA must not issue a CAR certificate of validation to an applicant if the applicant:

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

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

             (4)  In deciding whether an applicant for a certificate is a suitable person to hold the certificate, CASA must only take into account:

                     (a)  any action taken by CASA, or a responsible organisation, in relation to any authority to perform activities essential to the operation of a balloon during flight time that was given to the applicant by CASA, or the organisation; and

                     (b)  any other matter that relates to the safety of air navigation.

             (5)  An applicant for a certificate commits an offence if the applicant:

                     (a)  is aware of information that is relevant to a matter that CASA must take into account in deciding whether the applicant is a suitable person to hold the certificate; and

                     (b)  does not disclose the information to CASA.

Penalty:  50 penalty units.

             (6)  For paragraph (2)(d), CASA may set and conduct examinations for the issue of certificates of validation.

             (7)  A CAR certificate of validation examination must be based on examination materials published by CASA.

5.30  CAR certificate of validation—overseas balloon authorisation information to be entered

                   If CASA issues a CAR certificate of validation for an overseas balloon authorisation, CASA must enter on the certificate:

                     (a)  the name of the country in which the overseas balloon authorisation was issued; and

                     (b)  the name of the overseas balloon authorisation; and

                     (c)  the period of validity of the overseas balloon authorisation; and

                     (d)  the serial number or reference number of the overseas balloon authorisation.

5.31  CAR certificate of validation—effect

             (1)  A CAR certificate of validation for an overseas balloon authorisation has effect as if it were:

                     (a)  a balloon flight crew licence that is the equivalent of the authorisation; or

                     (b)  a balloon class endorsement that is the equivalent of the authorisation; or

                     (c)  if the authorisation would allow the holder to perform activities in a balloon that is engaged in an activity for which a balloon flight crew rating is required—a balloon flight crew rating that is the equivalent of the authorisation;

as the case requires.

             (2)  For this regulation, an overseas balloon authorisation is equivalent to a balloon flight crew licence if the authorisation and the licence allow the holder to perform the same activities in balloons.

             (3)  For this regulation, an overseas balloon authorisation is equivalent to a balloon class endorsement if the authorisation and the endorsement allow the holder to perform activities in the same class of balloon.

             (4)  For this regulation, an overseas balloon authorisation is equivalent to a balloon flight crew rating if the authorisation and the rating allow the holder to perform the same activities.

5.32  CAR certificate of validation—period of validity

             (1)  A CAR certificate of validation for an overseas balloon authorisation remains in force until whichever of the following occurs first:

                     (a)  the end of the period of 3 months beginning on the day on which the certificate was issued;

                     (b)  the end of the period set out by CASA on the certificate as the period for which the certificate remains in force;

                     (c)  the overseas balloon authorisation ceases to be in force;

                     (d)  if a holder of the overseas balloon authorisation is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued—the overseas medical certificate for the authorisation ceases to be in force;

                     (e)  the CAR certificate of validation is suspended or cancelled.

             (2)  CASA may set out on a CAR certificate of validation the period for which the certificate remains in force.

5.33  CAR certificate of validation—offences

             (1)  A person commits an offence if:

                     (a)  the person makes an application for a CAR certificate of validation for an overseas balloon authorisation; and

                     (b)  at the time the application is made, the person’s overseas balloon authorisation is not in force.

             (2)  A person commits an offence if:

                     (a)  the person makes an application for a CAR certificate of validation for an overseas balloon authorisation; and

                     (b)  the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued; and

                     (c)  at the time the application is made, the person does not hold an overseas medical certificate for the authorisation that is in force.

Penalty:  50 penalty units.

             (3)  The holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if:

                     (a)  the holder exercises the authority given by the certificate in an Australian balloon during flight time; and

                     (b)  at the time of exercising the authority, the holder’s overseas balloon authorisation is not in force.

Penalty:  50 penalty units.

             (4)  The holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if:

                     (a)  the holder exercises the authority given by the certificate in an Australian balloon during flight time; and

                     (b)  the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued; and

                     (c)  at the time of exercising the authority, the holder does not hold an overseas medical certificate for the authorisation that is in force.

Penalty:  50 penalty units.

             (5)  An offence against this regulation is an offence of strict liability.

Division 5.5Balloon flight crew licensing—general

5.40  Pilot acting in command under supervision

             (1)  A person commits an offence if:

                     (a)  the person flies a balloon as pilot acting in command under supervision; and

                     (b)  either:

                              (i)  the person does not satisfy subregulation (3) in relation to the balloon; or

                             (ii)  the person does not satisfy subregulation (4) in relation to the balloon.

Penalty:  50 penalty units.

             (2)  The operator of a balloon commits an offence if:

                     (a)  the operator permits a person to fly a balloon as pilot acting in command under supervision; and

                     (b)  the person does not satisfy subregulation (3) in relation to the balloon.

Penalty:  50 penalty units.

             (3)  A person satisfies this subregulation if:

                     (a)  the person holds:

                              (i)  a commercial pilot (balloon) licence; or

                             (ii)  a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence; and

                     (b)  the person holds a balloon class endorsement that authorises him or her to fly the balloon as pilot in command; and

                     (c)  if the person carries out an activity for which a balloon flight crew rating is required—the person holds a balloon flight crew rating that permits him or her to carry out that activity as pilot in command of the balloon.

             (4)  A person satisfies this subregulation in relation to a balloon if:

                     (a)  the person is the co‑pilot of the balloon; and

                     (b)  the operator of the balloon permits the person to fly the balloon as pilot acting in command under supervision; and

                     (c)  the pilot in command of the balloon is appointed for the purpose by the operator of the balloon.

             (5)  An offence against this regulation is an offence of strict liability.

5.41  Balloon flight crew licence—tests and examinations

             (1)  CASA may set and conduct the following theory examinations:

                     (a)  commercial pilot (balloon) licence theory examinations;

                     (b)  flight radiotelephone theory examinations.

             (2)  CASA may set and conduct commercial pilot (balloon) licence flight tests.

             (3)  CASA may set and conduct flight radiotelephone practical tests.

5.42  Balloon flight tests—CASA to be notified

             (1)  An approved balloon testing officer commits an offence if the officer:

                     (a)  conducts a flight test; and

                     (b)  has not, at least 24 hours before the test:

                              (i)  given CASA notice of the time, date, place and nature of the proposed test; and

                             (ii)  obtained from CASA a flight test number for the test.

Penalty:  50 penalty units.

             (2)  An approved balloon testing officer commits an offence if the officer:

                     (a)  conducts a flight test; and

                     (b)  does not do each of the following:

                              (i)  enter the flight test number on the flight test report form used for the flight test;

                             (ii)  record the results of the test on the flight test report form;

                            (iii)  send the flight test report form to CASA:

                                        (A)  if the test is passed—within 14 days after the day of the test; or

                                        (B)  if the test is failed—within 90 days after the day of the test.

Penalty:  50 penalty units.

             (3)  CASA may give a written notice to an approved balloon testing officer requiring the officer to give CASA documents relating to a flight test that he or she has notified to CASA under subregulation (1) that:

                     (a)  are described in the notice; and

                     (b)  are in the officer’s possession and control; and

                     (c)  are reasonably required by CASA in relation to the test.

             (4)  An approved balloon testing officer commits an offence if the officer:

                     (a)  receives a notice under subregulation (3); and

                     (b)  does not send the documents to CASA within:

                              (i)  if the test is passed—14 days after the day of the test; or

                             (ii)  if the test is failed—90 days after the day of the test.

Penalty:  50 penalty units.

             (5)  An offence against this regulation is an offence of strict liability.

             (6)  In this regulation:

flight test report form means a form issued by CASA for recording the results of flight tests.

5.50  Authorisation to test balloon

             (1)  CASA may, in writing, authorise the holder of a commercial pilot (balloon) licence or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence to perform activities essential to the operation of a balloon for which the holder does not hold a balloon class endorsement during a flight conducted for the purpose of:

                     (a)  testing the balloon; or

                     (b)  carrying out an experiment in relation to the balloon.

             (2)  An authorisation may be given subject to any condition that is necessary in the interests of the safety of air navigation.

             (3)  CASA must set out the condition in the authorisation.

             (4)  The holder of an authorisation commits an offence if the holder contravenes a condition to which the authorisation is subject.

Penalty:  50 penalty units.

             (5)  An offence against this regulation is an offence of strict liability.

5.51  Personal log books

             (1)  The holder of a balloon flight crew licence or CAR certificate of validation commits an offence if the holder does not have a personal log book that is suitable:

                     (a)  for the entry of balloon flight crew ratings, balloon class endorsements and other kinds of privileges; and

                     (b)  for recording the matters required by regulation 5.52 to be recorded in a personal log book; and

                     (c)  for recording any other matter that CASA directs must be recorded in a personal log book.

Penalty:  50 penalty units.

Note:          Regulation 5.56 requires the holder of a balloon flight crew licence or CAR certificate of validation to produce his or her personal log book when required by CASA.

             (2)  CASA may, in writing, direct the holder of a balloon flight crew licence or CAR certificate of validation to record the matters set out in the direction in his or her personal log book.

             (3)  CASA must not give a direction under subregulation (2) unless it is necessary to do so in the interests of the safety of air navigation.

             (4)  A person to whom a direction is given under subregulation (2) commits an offence if the person contravenes the direction.

Penalty:  50 penalty units.

             (5)  A direction does not have effect in relation to a person until it is given to the person.

             (6)  An offence against this regulation is an offence of strict liability.

5.52  What must be recorded in a personal log book?

             (1)  The holder of a balloon flight crew licence or CAR certificate of validation commits an offence if the holder does not record in his or her personal log book:

                     (a)  his or her full name, address, date of birth and aviation reference number; and

                     (b)  any information about each flight undertaken by the holder that CASA directs be recorded in the log book.

Penalty:  50 penalty units.

             (2)  CASA may give directions in Civil Aviation Orders setting out the information about each flight undertaken by the holder of a balloon flight crew licence or CAR certificate of validation that the holder must record in his or her personal log book.

             (3)  CASA must not give a direction under subregulation (2) unless it is necessary to do so in the interests of the safety of air navigation.

             (4)  A person to whom a direction is given under subregulation (2) commits an offence if the person contravenes the direction.

Penalty:  50 penalty units.

             (5)  A direction does not have effect in relation to a person until it is given to the person.

             (6)  An offence against this regulation is an offence of strict liability.

5.53  How long must a personal log book be retained?

             (1)  A person commits an offence if the person:

                     (a)  is required by subregulation 5.51(1) to have a personal log book; and

                     (b)  does not retain the log book for as long as the person holds a balloon flight crew licence or CAR certificate of validation.

Penalty:  50 penalty units.

             (2)  An offence against this regulation is an offence of strict liability.

5.54  Evidence of identity—CASA’s powers

             (1)  CASA may require a person to produce evidence of his or her identity before:

                     (a)  CASA issues a balloon flight crew licence, CAR certificate of validation, balloon flight crew rating or balloon class endorsement to the person; or

                     (b)  the person attempts an examination conducted by CASA.

             (2)  Despite anything else in these Regulations, if a person is required to produce evidence of his or her identity under subregulation (1), then until the person produces the evidence:

                     (a)  CASA may refuse to issue the licence, certificate, rating or endorsement; or

                     (b)  CASA may refuse to allow the person to attempt the examination.

             (3)  Subject to subregulation (6), if there are reasonable grounds for believing that a person has performed, or is about to perform, an activity essential to the operation of an Australian balloon, CASA may require the person to produce evidence of his or her identity.

             (4)  Despite anything else in these Regulations, if a person who is about to perform an activity essential to the operation of an Australian balloon is required to produce evidence of his or her identity under subregulation (3), CASA may direct the person not to perform the duty until he or she produces the evidence.

             (5)  A person to whom a direction is given under subregulation (4) commits an offence if the person contravenes the direction.

Penalty:  50 penalty units.

             (6)  CASA must not require a person to produce evidence of his or her identity under subregulation (3) unless it is necessary to do so in the interests of the safety of air navigation.

             (7)  A person who has performed an activity essential to the operation of an Australian balloon commits an offence if the person:

                     (a)  is required to produce evidence of his or her identity under subregulation (3); and

                     (b)  refuses to produce the evidence.

Penalty:  50 penalty units.

             (8)  An offence against this regulation is an offence of strict liability.

5.54A  Evidence of identity—examinations

             (1)  A person who is permitted by this Part to conduct an examination may require a person to produce evidence of his or her identity before he or she attempts an examination conducted by the first‑mentioned person.

Note:          Under regulation 2, the definition of examination includes flight tests.

             (2)  If a person is required to produce evidence of his or her identity under subregulation (1), the examiner may refuse to allow the person to attempt the examination until he or she produces the evidence.

5.56  Balloon flight crew licence—production etc.

             (1)  CASA may request the holder of a balloon flight crew licence or CAR certificate of validation to produce to CASA any or all of the following for inspection by CASA:

                     (a)  his or her licence or certificate;

                     (b)  his or her personal log book;

                     (c)  his or her medical certificate.

             (2)  The holder of a balloon flight crew licence or CAR certificate of validation commits an offence if:

                     (a)  CASA requests the holder to produce a document under subregulation (1); and

                     (b)  the holder does not:

                              (i)  if the holder has immediate access to the document at the time the request is made—produce the document without delay; or

                             (ii)  if subparagraph (i) does not apply—produce the document at the place specified by CASA not more than 7 days after the day of the request.

Penalty:  50 penalty units.

             (3)  For subparagraph (2)(b)(ii), CASA may specify the place at which the holder of a balloon flight crew licence or CAR certificate of validation must produce a document.

             (4)  An offence against this regulation is an offence of strict liability.

             (5)  In this regulation:

medical certificate includes an overseas medical certificate.

Division 5.6Balloon flight crew licensing—balloon flying schools

5.57  Balloon flying schools—transfer of student records

             (1)  This regulation applies if:

                     (a)  a person has received balloon flying training at a balloon flying school (the first school); and

                     (b)  the person subsequently arranges to receive balloon flying training at another balloon flying school (the other flying school).

             (2)  The first school must, on the written or oral request of the person or the other flying school, give a copy of the person’s student record to the other flying school.

5.58  Balloon flying schools—chief balloon flying instructor

             (1)  CASA may approve the appointment of a person who holds approved qualifications to be the chief balloon flying instructor of a balloon flying school.

             (2)  CASA may give an approval subject to any condition that is necessary in the interests of the safety of air navigation.

             (3)  CASA must:

                     (a)  set out the condition in the approval; or

                     (b)  give it as a direction in Civil Aviation Orders.

             (4)  A person commits an offence if the person contravenes a condition to which his or her approval is subject.

Penalty:  50 penalty units.

             (5)  CASA may, in writing, revoke a person’s approval if:

                     (a)  the person ceases to hold the approved qualifications; or

                     (b)  there are reasonable grounds for believing that the person has contravened a condition to which his or her approval is subject; or

                     (c)  it is necessary to do so in the interests of the safety of air navigation.

             (6)  If CASA revokes a person’s approval, it must give the person written notice of the revocation setting out the grounds for the revocation.

             (7)  An offence against this regulation is an offence of strict liability.

             (8)  In this regulation:

approved qualifications means qualifications approved by CASA for subregulation (1).

5.59  Syllabuses of training

                   CASA may publish (whether as Civil Aviation Orders or otherwise) the following syllabuses of training:

                     (a)  balloon syllabus;

                     (b)  balloon flight crew rating syllabus;

                     (c)  flight radiotelephone operator syllabus.

Division 5.7Balloon flight crew licensing—flight radiotelephone operator licence

5.61  Flight radiotelephone operator licence—issue

             (1)  For subregulation 5.09(1), a person is qualified to hold a flight radiotelephone operator licence if the person:

                     (a)  is at least 16; and

                     (b)  has passed a flight radiotelephone theory examination; and

                     (c)  has passed a flight radiotelephone practical test.

             (2)  Despite subregulation (1), a person is qualified to hold a flight radiotelephone operator licence if the person:

                     (a)  is at least 16; and

                     (b)  holds, or has held, a qualification:

                              (i)  that CASA is satisfied is at least equivalent to a flight radiotelephone operator licence; and

                             (ii)  that was issued by the Defence Force of Australia.

             (3)  Despite subregulation (1), a person is qualified to hold a flight radiotelephone operator licence if the person:

                     (a)  is at least 16; and

                     (b)  holds, or has held, an overseas radio licence that is at least equivalent to the flight radiotelephone operator licence.

             (4)  For this regulation, an overseas radio licence is equivalent to a flight radiotelephone operator licence if it authorises the holder of the licence to operate a radiocommunication system installed in, or carried on, an aircraft during flight time in the aircraft.

5.62  Flight radiotelephone operator licence—authorisation

                   A flight radiotelephone operator licence authorises the holder of the licence to operate:

                     (a)  a radiocommunication system that is installed in, or carried on, an aircraft during flight time in the aircraft and when the aircraft is on the ground; and

                     (b)  a radiocommunication system used in connection with aircraft.

Note:          Regulation 83 prohibits a person from transmitting on a radio frequency used for the purpose of ensuring the safety of air navigation without being qualified to do so. A person is qualified to do so if the person holds a flight radiotelephone operator licence.

5.63  Flight radiotelephone operator licence—conduct of examination and test

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

             (2)  If:

                     (a)  a person attempts a flight radiotelephone theory examination or a flight radiotelephone practical test; and

                     (b)  the examination or test is not conducted by a CASA flying operations inspector or an approved check radio officer;

the person is taken not to have passed the examination or test.

Division 5.11Balloon flight crew licensing—commercial pilot (balloon) licences

5.138  Commercial pilot (balloon) licence—qualifications

             (1)  For subregulation 5.09(1), a person is qualified to hold a commercial pilot (balloon) licence if the person:

                     (a)  is at least 18; and

                     (b)  holds a current private pilot certificate (balloons); and

                     (c)  has held one of the following for at least one year:

                              (i)  a private pilot certificate (balloons);

                             (ii)  a certificate or licence issued by the competent authority of a foreign country that is at least equivalent to a private pilot certificate (balloons); and

                     (d)  has passed a commercial pilot (balloon) licence theory examination; and

                     (e)  has passed a commercial pilot (balloon) licence flight test; and

                      (f)  has completed a course of balloon flying training in accordance with regulation 5.146; and

                     (g)  has the aeronautical experience set out in regulation 5.145.

             (2)  Despite subregulation (1), a person is qualified to hold a commercial pilot (balloon) licence if:

                     (a)  the person:

                              (i)  holds, or has held, an overseas balloon authorisation that is at least equivalent to the commercial pilot (balloon) licence; and

                             (ii)  satisfies the requirements of subregulation (1), other than paragraph (f); or

                     (b)  the person:

                              (i)  holds a current overseas balloon authorisation that is at least equivalent to the commercial pilot (balloon) licence; and

                             (ii)  satisfies the requirements of subregulation (1), other than paragraphs (e) and (f); and

                            (iii)  is employed by, or is working under an arrangement with, an operator to whom regulation 217 applies; and

                            (iv)  has satisfactorily completed a balloon proficiency check required by regulation 217.

             (3)  For subparagraph (2)(b)(iv), a person is not taken to have satisfactorily completed a balloon proficiency check unless the operator who employs, or arranges the work of, the person gives CASA written notice that the person has satisfactorily completed the check.

             (4)  For this regulation, a certificate or licence issued by the competent authority of a country other than Australia is equivalent to a private pilot certificate (balloons) if it authorises the holder of the certificate or licence to fly balloons as pilot in command in private operations.

             (5)  For this regulation, an overseas balloon authorisation is equivalent to a commercial pilot (balloon) licence if it authorises the holder of the licence to fly balloons as pilot in command in aerial work operations or charter operations.

             (6)  In this regulation:

competent authority, in relation to a foreign country, means the body that has responsibility for the licensing of persons to fly balloons in private operations in that country.

private pilot certificate (balloons) means a certificate that is issued by the Australian Ballooning Federation Incorporated.

5.139  Commercial pilot (balloon) licence—authorisation

                   Subject to regulations 5.140 to 5.144, a commercial pilot (balloon) licence authorises the holder of the licence to fly a balloon that is engaged in aerial work operations or charter operations:

                     (a)  as pilot in command; or

                     (b)  as co‑pilot for the purposes of acting as pilot in command under supervision.

Note:          The requirements for private balloon operations are set out in Civil Aviation Order 95.54.

5.140  Commercial pilot (balloon) licence—authorisation: balloon classes

                   A commercial pilot (balloon) licence does not authorise the holder of the licence to fly as pilot in command of a balloon that is engaged in aerial work operations or charter operations unless the holder also holds a balloon class endorsement for the class of balloon in which the balloon that is to be flown is included.

5.141  Commercial pilot (balloon) licence—authorisation: balloon types

             (1)  A commercial (balloon) pilot commits an offence if the pilot:

                     (a)  flies as pilot in command of a balloon that is engaged in aerial work operations or charter operations; and

                     (b)  has not undertaken at least 2 flights as pilot in command or as pilot acting in command under supervision of a balloon:

                              (i)  that has a fuel system of the same design as the balloon that the pilot proposes to fly; and

                             (ii)  that has a deflation system of the same design as the balloon that the pilot proposes to fly; and

                            (iii)  that has an envelope capacity equal to, or greater than, the balloon that the pilot proposes to fly.

Penalty:  50 penalty units.

             (2)  For subregulation (1), each flight must include:

                     (a)  at least 1 inflation of the balloon envelope; and

                     (b)  at least 30 minutes of free flight time; and

                     (c)  at least 1 deflation of the balloon envelope.

             (3)  An offence against this regulation is an offence of strict liability.

5.142  Commercial pilot (balloon) licence—rating required

             (1)  A commercial pilot (balloon) licence does not authorise the holder of the licence, in the course of flying a balloon, to carry out any activity for which a balloon flight crew rating is required:

                     (a)  as pilot in command, or co‑pilot—unless the holder also holds a balloon flight crew rating that authorises him or her to carry out the activity in that capacity in the balloon; or

                     (b)  in dual flying—unless the holder is receiving training in carrying out the activity from a person approved by CASA under regulation 5.20 to give balloon flying training in relation to the rating.

             (2)  A commercial pilot (balloon) licence authorises the holder of the licence to fly a tethered balloon at night under the VFR without holding a balloon grade of night VFR rating.

5.143  Commercial pilot (balloon) licence—regular balloon flight reviews required

             (1)  A commercial (balloon) pilot commits an offence if the pilot:

                     (a)  flies as pilot in command of a balloon that is engaged in aerial work operations or charter operations; and

                     (b)  has not, within the period of 2 years immediately before the day of the flight, satisfactorily completed a balloon flight review.

Penalty:  50 penalty units.

Note:          A pilot who flies balloons for an operator to whom regulation 217 applies will be required to undertake proficiency checks at more frequent intervals.

             (2)  A balloon flight review must:

                     (a)  be conducted only by an appropriate person in a balloon for which the pilot holds a balloon class endorsement; and

                     (b)  include at least:

                              (i)  1 inflation of the balloon envelope; and

                             (ii)  30 minutes of flight time; and

                            (iii)  1 deflation of the balloon envelope.

             (3)  If:

                     (a)  a commercial (balloon) pilot undertakes a balloon flight review; and

                     (b)  the requirements of subregulation (2) are not satisfied in relation to the review;

the pilot is taken not to have satisfactorily completed the review.

             (4)  A person commits an offence if:

                     (a)  the person conducts a balloon flight review of a commercial (balloon) pilot; and

                     (b)  the pilot satisfactorily completes the review; and

                     (c)  the person is satisfied that the pilot is able to safely fly a balloon in aerial work operations or charter operations; and

                     (d)  the person does not make an entry in the pilot’s personal log book to the effect that the pilot has satisfactorily completed the review.

Penalty:  50 penalty units.

             (5)  For this regulation, a commercial (balloon) pilot is taken to have satisfactorily completed a balloon flight review if, within the period of 2 years immediately before the day of a proposed flight, the pilot has:

                     (a)  passed a flight test conducted for the purpose of:

                              (i)  the issue of a commercial pilot (balloon) licence; or

                             (ii)  the issue, or renewal, of a flight instructor (balloon) rating; or

                     (b)  satisfactorily completed a balloon proficiency check; or

                     (c)  satisfactorily completed balloon conversion training given by the holder of a flight instructor (balloon) rating.

             (6)  An offence against this regulation is an offence of strict liability.

             (7)  In this regulation:

appropriate person means:

                     (a)  an authorised balloon flight instructor; or

                     (b)  a CASA flying operations inspector; or

                     (c)  an authorised person.

balloon conversion training means training undertaken by a commercial (balloon) pilot for the purpose of qualifying for a balloon class endorsement.

balloon flight review means a test of the aeronautical skills and aeronautical knowledge of the person undertaking the review that are relevant to the safe flight of balloons in aerial work operations or charter operations.

5.144  Commercial pilot (balloon) licence—recent experience requirements

             (1)  A commercial (balloon) pilot commits an offence if the pilot:

                     (a)  flies as pilot in command of a balloon that is engaged in charter operations; and

                     (b)  has not, within the period of 90 days immediately before the day of the flight, undertaken at least 1 flight as pilot in command, or pilot acting in command under supervision, of a balloon.

Penalty:  50 penalty units.

             (2)  For subregulation (1), the flight must include:

                     (a)  at least 1 inflation of the balloon envelope; and

                     (b)  at least 30 minutes of free flight time; and

                     (c)  at least 1 deflation of the balloon envelope.

             (3)  An offence against this regulation is an offence of strict liability.

5.145  Commercial pilot (balloon) licence—aeronautical experience required

                   For paragraph 5.138(1)(g), a person’s aeronautical experience must consist of at least 75 hours flight time as pilot in command of a balloon that includes at least:

                     (a)  60 hours of free flight time; and

                     (b)  5 hours of tethered flight time.

5.146  Commercial pilot (balloon) licence—balloon flying training required

                   For paragraph 5.138(1)(f), a course of balloon flying training must:

                     (a)  consist of at least 8 hours of balloon flying training that:

                              (i)  is undertaken by a person within the period of 1 year immediately before the day on which the person attempts the commercial pilot (balloon) licence flight test; and

                             (ii)  includes at least 3 flights in a free balloon and 1 flight in a tethered balloon; and

                            (iii)  includes at least 3 inflations, and 3 deflations, of a balloon envelope; and

                     (b)  be conducted in accordance with the relevant balloon syllabus; and

                     (c)  be conducted by an authorised balloon flight instructor.

5.147  Commercial pilot (balloon) licence—flight tests

             (1)  A commercial pilot (balloon) licence flight test must be conducted only by a CASA flying operations inspector or an approved person in a balloon for which the person attempting the test is qualified to hold a balloon class endorsement.

Note:          Requirements to qualify for class endorsements are set out in the Civil Aviation Orders.

             (2)  An approved balloon testing officer, or a CASA flying operations inspector, commits an offence if:

                     (a)  the officer or inspector conducts a commercial pilot (balloon) licence flight test; and

                     (b)  the person attempting the test has not been recommended for the test by the chief balloon flying instructor of the balloon flying school where the person attempts the test.

Penalty:  50 penalty units.

             (3)  A chief balloon flying instructor commits an offence if:

                     (a)  the chief balloon flying instructor recommends a person for a commercial pilot (balloon) licence flight test; and

                     (b)  the person does not satisfy the requirements of paragraphs 5.138(1)(b), (c), (d), (f) and (g).

Penalty:  50 penalty units.

             (4)  A chief balloon flying instructor commits an offence if:

                     (a)  the chief balloon flying instructor recommends a person for a commercial pilot (balloon) licence flight test; and

                     (b)  the person is not at least 17.

Penalty:  50 penalty units.

Note:          Paragraph 5.138(1)(a) requires a person to be 18 to qualify for the licence.

             (5)  If:

                     (a)  a person attempts a commercial pilot (balloon) licence flight test; and

                     (b)  the requirements of subregulations (1), (2), (3) and (4) are not satisfied in relation to the attempt;

the person is taken not to have passed the test.

             (6)  CASA may approve a person for subregulation (1) to conduct a commercial pilot (balloon) flight test.

             (7)  An offence against this regulation is an offence of strict liability.

Part 7Navigation logs

  

77  Part 7 not to apply to New Zealand AOC holders with ANZA privileges

                   This Part does not apply in relation to an aircraft operated under a New Zealand AOC with ANZA privileges.

78  Navigation logs

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

Penalty:  10 penalty units.

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

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

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

                     (a)  points of departure and destination;

                     (b)  required track;

                     (c)  wind velocity used for calculations;

                     (d)  headings flown;

                     (e)  true airspeed;

                      (f)  position lines, fixes and pinpoints obtained;

                     (g)  times of alteration of headings;

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

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

79  Form of logs

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

Penalty:  50 penalty units.

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

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

80  Retention of logs

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

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

Penalty:  5 penalty units.

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

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

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

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

81  Directions under this Part

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

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

  

82  Equipment of Australian aircraft with radiocommunication systems

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

Penalty:  25 penalty units.

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

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

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

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

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

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

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

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

83  Transmitting on aeronautical radio frequencies

             (1)  A person commits an offence if:

                     (a)  the person transmits on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and

                     (b)  the person is not qualified to transmit on the radio frequency.

Penalty:  50 penalty units.

             (2)  For paragraph (1)(b), a person is qualified to transmit on a radio frequency of a kind mentioned in paragraph (1)(a) if the person:

                     (a)  holds a flight radiotelephone operator licence within the meaning of subregulation 5.01(1); or

                     (b)  is authorised to transmit on the frequency under Part 61, 64 or 65 of CASR; or

                     (c)  for a pilot flying a foreign registered aircraft—is authorised (however described) to transmit on the frequency under the law of the aircraft’s State of registry.

             (3)  An offence against this regulation is an offence of strict liability.

84  Use and operation of radiocommunication systems by foreign aircraft

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

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

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

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

Penalty:  10 penalty units.

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

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

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

85  Directions under Part 8

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

Part 9Aerodromes

Division 8Use of aerodromes

90  Access of official aircraft to aerodromes

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

91  Use of aerodromes by aircraft of Contracting States

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

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

92  Use of aerodromes

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

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

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

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

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

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

Penalty:  25 penalty units.

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

             (3)  A person must not contravene a direction.

Penalty:  25 penalty units.

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

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

92A  Use of aerodromes in regular public transport operations

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

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

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

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

Penalty:  10 penalty units.

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

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

                     (b)  the aerodrome is:

                              (i)  a military aerodrome; or

                             (ii)  an aerodrome outside Australian territory; or

                            (iii)  an alternate aerodrome.

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

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

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

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

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

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

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

Penalty:  10 penalty units.

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

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

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

Penalty:  10 penalty units.

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

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

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

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

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

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

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

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

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

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

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

93  Protection of certain rights

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

Division 9Removal or marking of obstructions or other hazards

94  Dangerous lights

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

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

Penalty:  25 penalty units.

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

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

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

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

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

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

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

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

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

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

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

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

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

Penalty:  25 penalty units.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

96  Dumping of rubbish

             (1)  In this regulation, aerodrome means:

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

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

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

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

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

Penalty:  50 penalty units.

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

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

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

Penalty:  50 penalty units.

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

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

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

Part 10Air Traffic Services and other services

Division 1Air Traffic Services

99AA  Air Traffic—Services, directions and instructions

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

Penalty:  50 penalty units.

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

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

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

          (5A)  If:

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

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

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

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

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

Penalty:  50 penalty units.

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

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

99A  Broadcasts to be made at certain aerodromes

             (1)  CASA may:

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

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

             (3)  CASA may give directions specifying:

                     (a)  the broadcast requirements that apply; and

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

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

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

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

Penalty:  50 penalty units.

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

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

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

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

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

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

Penalty:  50 penalty units.

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

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

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

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

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

Penalty:  50 penalty units.

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

                     (a)  is authorised by:

                              (i)  air traffic control; or

                             (ii)  a notification in the AIP or a NOTAM; or

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

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

Penalty:  5 penalty units.

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

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

101  Procedure when air traffic control not in operation

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

105  Temporary medical unfitness of holder of licence

             (1)  If:

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

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

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

Penalty:  10 penalty units.

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

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

115  Medical unfitness of holder of licence

                   Where a person, being:

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

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

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

Division 2Meteorological services

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

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

                     (a)  the Director of Meteorology; or

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

Penalty:  5 penalty units.

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

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

Division 3Statistical returns

132  Statistical returns

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

Penalty:  10 penalty units.

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

Penalty:  5 penalty units.

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

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

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

                     (c)  in pursuance of subregulation (4).

Penalty:  5 penalty units.

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

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

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

Part 11Conditions of flight

Division 1General

133  Conditions to be met before Australian aircraft may fly

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

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

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

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

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

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

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

Penalty:  50 penalty units.

             (2)  Paragraph (1)(d) does not apply to any maintenance that was required to be carried out before the issue of the maintenance release in force, or the last maintenance release that was in force, for the aircraft.

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

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

135  Foreign aircraft of Contracting States

             (1A)  This regulation does not apply to the operation of an aircraft if Part 129 of CASR applies to the operation of the aircraft.

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

                     (a)  its nationality mark and registration mark;

                     (b)  its certificate of airworthiness;

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

                     (d)  the documents to be carried;

                     (e)  the flight and manoeuvre of aircraft; and

                      (f)  the provision of radio apparatus.

Penalty:  50 penalty units.

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

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

135A  Special flight authorisation

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

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

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

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

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

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

Penalty:  50 penalty units.

Source        FARs section 91.715 modified.

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

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

136  Foreign state aircraft

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

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

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

Penalty:  50 penalty units.

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

                     (a)  on the placard; or

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

Penalty:  50 penalty units.

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

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

139  Documents to be carried in Australian aircraft

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

                     (a)  its certificate of registration;

                     (b)  its certificate of airworthiness;

                     (c)  if Part 42 of CASR does not apply to the aircraft—unless CASA otherwise approves, its maintenance release and any other document approved for use as an alternative to the maintenance release for the purposes of a provision of these Regulations;

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

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

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

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

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

Penalty:  10 penalty units.

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

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

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

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

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

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

             (5)  Subregulation (1) does not apply to the pilot in command if the flight was authorised by a special flight permit issued under regulation 21.197 of CASR.

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

140  Prohibited, restricted and danger areas

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

Penalty:  25 penalty units.

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

Penalty:  25 penalty units.

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

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

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

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

Penalty:  25 penalty units.

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

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

143  Carriage of firearms

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

Penalty:  10 penalty units.

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

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

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

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

144  Discharge of firearms in or from an aircraft

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

Penalty:  50 penalty units.

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

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

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

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

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

             (4)  It is a defence to a prosecution under subregulation (1) if the person’s discharge of the firearm was authorised under regulation 4.59A of the Aviation Transport Security Regulations 2005.

Note 1:       Regulation 4.59A of the Aviation Transport Security Regulations 2005 deals with air security officers using weapons on board aircraft to safeguard against unlawful interference with aviation.

Note 2:       A defendant bears an evidential burden in relation to the matters in subregulations (3) and (4) (see subsection 13.3(3) of the Criminal Code).

145  Emergency authority

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

146  Liability as to neglect of rules regarding lights etc

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

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

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

Division 2Flight rules

149  Towing

             (1)  The pilot in command of an aircraft commits an offence if:

                     (a)  he or she permits anything to be towed by the aircraft; and

                     (b)  the requirement mentioned in subregulation (1A) is not met.

Penalty:  50 penalty units.

          (1A)  For paragraph (1)(b), the requirement is that the towing must be:

                     (a)  permitted by this regulation; or

                     (b)  authorised under Part 61 of CASR.

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

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

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

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

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

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

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

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

150  Dropping of articles

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

Penalty:  25 penalty units.

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

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

             (2)  Nothing in this regulation shall prevent:

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

                              (i)  in the course of agricultural operations; or

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

                            (iii)  in the course of firefighting operations; or

                            (iv)  to initiate controlled burning; or

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

                            (vi)  to deliver emergency medical supplies; or

                           (vii)  to deliver emergency food supplies; or

                          (viii)  in the course of other operations;

                            in accordance with directions issued by CASA:

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

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

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

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

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

151  Picking up of persons or objects

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

Penalty:  25 penalty units.

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

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

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

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

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

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

152  Parachute descents

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

                     (a)  authorised in writing by CASA; and

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

Penalty:  25 penalty units.

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

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

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

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

153  Flight under simulated instrument flying conditions

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

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

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

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

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

Penalty:  25 penalty units.

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

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

155  Aerobatic manoeuvres

             (1)  The pilot in command of an aircraft commits an offence if the pilot conducts an aerobatic manoeuvre at night.

Penalty:  25 penalty units.

             (2)  The pilot in command of an aircraft commits an offence if the pilot conducts an aerobatic manoeuvre that is not in VMC.

Penalty:  25 penalty units.

             (3)  The pilot in command of an aircraft commits an offence if:

                     (a)  the pilot conducts a particular kind of aerobatic manoeuvre; and

                     (b)  neither of the following state that the aircraft may perform that kind of aerobatic manoeuvre:

                              (i)  the aircraft’s certificate of airworthiness;

                             (ii)  the aircraft’s flight manual.

Penalty:  25 penalty units.

             (4)  A person commits an offence if:

                     (a)  the person conducts an aerobatic manoeuvre over a populous area or public gathering; and

                     (b)  the person does not have CASA’s written permission to do so.

Penalty:  25 penalty units.

             (5)  The pilot in command of an aircraft commits an offence if:

                     (a)  the pilot conducts an aerobatic manoeuvre; and

                     (b)  the pilot does not, before conducting the aerobatic manoeuvre, take any action that is necessary to ensure that each of the following requirements are met:

                              (i)  any loose articles must be removed from the aircraft or made secure in the aircraft;

                             (ii)  all locker and compartment doors of the aircraft must be fastened;

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

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

                             (v)  every person in the aircraft must be secured with a correctly adjusted safety harness or seat belt.

Penalty:  25 penalty units.

             (6)  An offence against this regulation is an offence of strict liability.

156  Flying over public gatherings

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

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

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

Penalty:  10 penalty units.

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

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

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

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

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

157  Low flying

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

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

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

Penalty:  50 penalty units.

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

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

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

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

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

from a point on the terrain vertically below the aircraft.

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

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

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

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

                     (c)  the pilot of the aircraft is receiving flight training in low‑level operations or aerial application operations, within the meaning of Part 61 of CASR; or

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

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

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

                              (i)  a search; or

                             (ii)  a rescue; or

                            (iii)  dropping supplies;

                            in a search and rescue operation; or

                     (g)  the aircraft is a helicopter:

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

                             (ii)  engaged in law enforcement operations; or

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

158  Reports at designated points or intervals

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

Penalty:  10 penalty units.

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

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

159  Procedure on radio failure

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

Penalty:  10 penalty units.

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

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

159A  Power of CASA to issue instructions

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

159B  Manner of notifying instructions

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

Part 12Rules of the air

Division 1General

160  Interpretation

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

161  Right of way

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

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

Penalty:  25 penalty units.

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

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

162  Rules for prevention of collision

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

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

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

                     (c)  gliders shall give way to balloons; and

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

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

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

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

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

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

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

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

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

Penalty:  25 penalty units.

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

Penalty:  25 penalty units.

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

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

163  Operating near other aircraft

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

Penalty:  50 penalty units.

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

Penalty:  50 penalty units.

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

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

163AA  Formation flying

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

                     (a)  each of the pilots in command is authorised, under Part 61 of CASR, to fly in formation;

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

                     (c)  the formation flight is conducted either:

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

                             (ii)  under an approval given by CASA.

Penalty:  50 penalty units.

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

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

163A  Responsibility of flight crew to see and avoid aircraft

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

Division 2Operation on and in the vicinity of aerodromes

Subdivision 1General

164  Responsibility for compliance with rules of this Division

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

165  Temporary suspension of rules

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

Subdivision 2Operating on and in the vicinity of non‑controlled aerodromes

166  Definitions for Subdivision 2

             (1)  In this Subdivision:

in the vicinity of, in relation to a non‑controlled aerodrome, has the meaning given by subregulation (2).

radiotelephone qualification includes a certificate, relating to the operation of radiotelephone equipment, issued by any of the following organisations in accordance with the organisation’s operations manual:

                     (a)  Australian Ballooning Federation Incorporated;

                     (b)  Australian Sport Rotorcraft Association Incorporated;

                     (c)  The Gliding Federation of Australia Incorporated;

                     (d)  Hang Gliding Federation of Australia Incorporated;

                     (e)  Recreational Aviation Australia Limited.

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

                     (a)  airspace other than controlled airspace; and

                     (b)  10 miles from the aerodrome; and

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

             (3)  For paragraphs (2)(b) and (c), if an aerodrome reference point for the aerodrome is published in the AIP, the distance or height must be measured from that point.

166A  General requirements for aircraft on the manoeuvring area or in the vicinity of a non‑controlled aerodrome

             (1)  The pilot in command of an aircraft commits an offence if:

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

                     (b)  the pilot engages in conduct; and

                     (c)  the conduct results in the contravention of a rule set out in subregulation (2).

Penalty:  25 penalty units.

             (2)  The rules are the following:

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

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

                     (c)  if the pilot is flying in the vicinity of the aerodrome, the pilot must:

                              (i)  join the circuit pattern for the aerodrome; or

                             (ii)  avoid the circuit pattern for the aerodrome;

                     (d)  if the pilot joins the circuit pattern for the aerodrome for a landing at the aerodrome, the pilot must, after joining the circuit pattern, make all turns in accordance with subregulation (3);

                     (e)  if the pilot takes off from the aerodrome, the pilot must, after taking off, make all turns in accordance with subregulation (3) while the aircraft is flying in the circuit pattern for the aerodrome;

                      (f)  subject to subregulation (4), if the pilot takes off from the aerodrome, the pilot must maintain the same track from the take‑off until the aircraft is 500 feet above the terrain;

                     (g)  the pilot must not:

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

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

                     (h)  if the pilot takes off from, or lands at, the aerodrome, the pilot must take off or land into the wind if, at the time of the take‑off or landing:

                              (i)  the pilot is not permitted under subregulation (5) to take off or land downwind; and

                             (ii)  it is practicable to take off or land into the wind.

             (3)  For paragraphs (2)(d) and (e), the turns must be made:

                     (a)  if CASA has, under subregulation 92(2), directed that all turns at the aerodrome be made in a particular direction—in accordance with CASA’s directions; or

                     (b)  if paragraph (a) does not apply and visual signals are displayed at the aerodrome indicating a direction to make all turns—in accordance with the visual signals; or

                     (c)  in any other case—to the pilot’s left.

Note:          Directions under subregulation 92(2) are published in the AIP.

             (4)  The rule in paragraph (2)(f) does not apply if a change to the track is necessary to avoid the terrain.

             (5)  For subparagraph (2)(h)(i), the pilot in command of an aircraft may take off or land downwind at a non‑controlled aerodrome if:

                     (a)  the aircraft’s flight manual allows the aircraft to take off or land downwind; and

                     (b)  after considering any other aircraft that are being operated on the manoeuvring area of, or in the vicinity of, the aerodrome, the pilot believes that it is safe to do so.

             (6)  An offence against subregulation (1) in relation to any of paragraphs (2)(a) to (g) is an offence of strict liability.

Note:          The pilot in command of an aircraft must comply with the flight manual, or other equivalent document for the aircraft, as required by regulation 138.

166B  Carrying out a straight‑in approach

             (1)  The pilot in command of an aircraft commits an offence if:

                     (a)  the pilot carries out a straight‑in approach to land at a non‑controlled aerodrome; and

                     (b)  the pilot engages in conduct; and

                     (c)  the conduct results in the contravention of a rule set out in subregulation (2).

Penalty:  25 penalty units.

             (2)  The rules are the following:

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

                              (i)  the wind direction at the aerodrome; and

                             (ii)  the runways in use at the aerodrome;

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

                     (c)  subject to subregulation (3), the pilot must carry out all manoeuvring, to establish the aircraft on final approach, at least 3 miles from the threshold of the runway that the pilot intends to use for landing.

             (3)  The rule in paragraph (2)(c) does not apply to the pilot if he or she is carrying out the approach:

                     (a)  using an instrument approach procedure; and

                     (b)  in IMC.

             (4)  An offence against subregulation (1) in relation to paragraph (2)(a) or (b) is an offence of strict liability.

166C  Responsibility for broadcasting on VHF radio

             (1)  If:

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

                     (b)  the aircraft is carrying a serviceable aircraft VHF radio; and

                     (c)  the pilot in command of the aircraft holds a radiotelephone qualification;

the pilot is responsible for making a broadcast on the VHF frequency in use for the aerodrome in accordance with subregulation (2).

             (2)  The pilot must make a broadcast that includes the following information whenever it is reasonably necessary to do so to avoid a collision, or the risk of a collision, with another aircraft:

                     (a)  the name of the aerodrome;

                     (b)  the aircraft’s type and call sign;

                     (c)  the position of the aircraft and the pilot’s intentions.

Note 1:       See the AIP for the recommended format for broadcasting the information mentioned in this regulation.

Note 2:       For the requirement to maintain a listening watch, see regulation 243.

166D  Designation of non‑controlled aerodromes

             (1)  For paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument that states that a specified non‑controlled aerodrome is a designated non‑controlled aerodrome.

             (2)  CASA must ensure that details of the designation of an aerodrome under subregulation (1) are published in AIP or NOTAMS.

166E  Requirements for operating on or in the vicinity of certified, military, registered or designated non‑controlled aerodromes

             (1)  The pilot in command of an aircraft commits an offence if:

                     (a)  he or she operates the aircraft on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome that is:

                              (i)  a certified aerodrome; or

                             (ii)  a military aerodrome; or

                            (iii)  a registered aerodrome; or

                            (iv)  specified as a designated non‑controlled aerodrome in a legislative instrument issued by CASA under regulation 166D; and

                     (b)  he or she is not permitted to do so by subregulation (2), (3) or (4).

Penalty:  25 penalty units.

Note 1:       For the definitions of certified aerodrome and registered aerodrome, see the CASR Dictionary.

Note 2:       For the definition of military aerodrome, see subregulation 2(1).

Aircraft with serviceable radio and pilot with radiotelephone qualification

             (2)  The pilot in command of an aircraft may operate the aircraft on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome mentioned in paragraph (1)(a) if:

                     (a)  the aircraft is carrying a serviceable aircraft VHF radio; and

                     (b)  the pilot holds a radiotelephone qualification.

Flight in VMC during the day and in company

             (3)  The pilot in command of an aircraft may operate the aircraft on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome mentioned in paragraph (1)(a) if:

                     (a)  either:

                              (i)  the aircraft is not carrying a serviceable aircraft VHF radio; or

                             (ii)  the pilot does not hold a radiotelephone qualification; and

                     (b)  the aircraft is being operated for a flight:

                              (i)  that is in VMC; and

                             (ii)  that is not a night flight; and

                            (iii)  that is undertaken in company with another aircraft; and

                     (c)  the other aircraft is carrying a serviceable aircraft VHF radio; and

                     (d)  the pilot in command of the other aircraft holds a radiotelephone qualification.

Unserviceable radio

             (4)  The pilot in command of an aircraft that is carrying an unserviceable aircraft VHF radio may operate the aircraft on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome mentioned in paragraph (1)(a) if:

                     (a)  either:

                              (i)  the radio became unserviceable 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)  for an aircraft that is flying in the vicinity of the aerodrome—the pilot ensures that each of the following are 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)  for an aircraft arriving at the aerodrome—the pilot joins the circuit pattern for the aerodrome on the cross‑wind leg of the circuit pattern.

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

Subdivision 3Controlled aerodromes, aerodromes at which the operation of aircraft is not restricted to runways, and preventing collisions on water

167  General requirements for aerodrome traffic at controlled aerodromes

             (1)  The pilot in command of an aircraft that is part of the aerodrome traffic at a controlled aerodrome must:

                     (a)  maintain a lookout for other aerodrome traffic to avoid collision; and

                     (b)  either:

                              (i)  maintain a continuous listening watch on the radio frequency specified in the AIP for communications with the aerodrome control service for the aerodrome; or

                             (ii)  if it is not possible to maintain a continuous listening watch as mentioned in subparagraph (i)—keep a watch for any instructions given by visual signals by the aerodrome control service for the aerodrome.

Penalty:  25 penalty units.

             (2)  The pilot in command of an aircraft that is part of the aerodrome traffic at a controlled aerodrome commits an offence if:

                     (a)  he or she carries out any manoeuvre preparatory to, or associated with, taxiing, landing or taking off; and

                     (b)  he or she has not, before carrying out the manoeuvre, obtained, by radio or visual signals, authorisation to do so from the aerodrome control service for the aerodrome.

Penalty:  25 penalty units.

             (3)  The pilot in command of an aircraft commits an offence if:

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

                     (b)  the pilot engages in conduct; and

                     (c)  the conduct results in the contravention of a rule set out in subregulation (4); and

                     (d)  the aerodrome control service for the aerodrome has not instructed or permitted the pilot to engage in that conduct.

Penalty:  25 penalty units.

             (4)  The rules are the following:

                     (a)  subject to subregulation (5), if the pilot takes off from the aerodrome, the pilot must maintain the same track from the take‑off until the aircraft is 500 feet above the terrain;

                     (b)  if the pilot joins the circuit pattern for the aerodrome for a landing at the aerodrome, the pilot must, after joining the circuit pattern, make all turns to the pilot’s left;

                     (c)  if the pilot takes off from the aerodrome, the pilot must, after taking off, make all turns to the pilot’s left while the aircraft is flying in the circuit pattern for the aerodrome.

             (5)  The rule in paragraph (4)(a) does not apply if a change to the track is necessary to avoid the terrain.

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

Note 1:       Under subregulation 100(1), the pilot in command of an aircraft must comply with air traffic control instructions.

Note 2:       The pilot in command of an aircraft must comply with the flight manual, or other equivalent document for the aircraft, as required by regulation 138.

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

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

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

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

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

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

Penalty:  25 penalty units.

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

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

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

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

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

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

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

169  Preventing collisions on water

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

                     (a)  keep clear of all vessels; and

                     (b)  not impede their navigation.

Penalty:  25 penalty units.

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

Penalty:  25 penalty units.

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

                     (a)  keep clear of such vessels; and

                     (b)  not impede their navigation.

Penalty:  25 penalty units.

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

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

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

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

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

Penalty:  25 penalty units.

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

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

                              (i)  has not been swept; or

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

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

Penalty:  25 penalty units.

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

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

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

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

Division 3Visual flight rules

170  Interpretation

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

171  V.F.R. flight

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

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

Penalty:  25 penalty units.

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

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

172  Flight visibility and distance from cloud

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

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

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

Penalty:  50 penalty units.

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

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

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

Penalty:  50 penalty units.

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

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

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

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

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

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

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

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

             (5)  In this regulation:

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

                     (a)  conducted in a control zone; or

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

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

173  Cruising level to be appropriate to magnetic track

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

Penalty:  25 penalty units.

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

Penalty:  25 penalty units.

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

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

Penalty:  25 penalty units.

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

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

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

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

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

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

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

       (1AA)  This regulation does not apply in relation to an aircraft that is registered in New Zealand and is operated under a New Zealand AOC with ANZA privileges.

             (1)  CASA may issue instructions specifying:

                     (a)  the radiocommunication systems; or

                     (b)  the radio navigation systems; or

                     (c)  the secondary surveillance radar transponder equipment;

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

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

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

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

Penalty:  25 penalty units.

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

                     (a)  served on the person; or

                     (b)  published in NOTAMS or AIP.

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

                     (a)  a landing light;

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

                     (c)  lights in all passenger compartments;

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

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

Penalty:  25 penalty units.

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

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

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

Penalty:  25 penalty units.

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

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

174B  V.F.R. flights at night

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

Penalty:  25 penalty units.

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

                     (a)  private operations;

                     (b)  aerial work operations;

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

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

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

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

Penalty:  25 penalty units.

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

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

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

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

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

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

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

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

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

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

                     (a)  for navigation; and

                     (b)  to obtain positive position fixes;

in accordance with instructions issued under subregulation (1).

Penalty:  25 penalty units.

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

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

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

                     (a)  served on the person; or

                     (b)  published in NOTAMS or AIP.

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

Division 4Instrument flight rules

175  I.F.R. flight

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

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

Penalty:  25 penalty units.

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

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

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

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

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

                     (a)  private operations;

                     (b)  aerial work operations;

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

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

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

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

Penalty:  25 penalty units.

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

                     (a)  seasonal influences;

                     (b)  the conduct of operations by night;

                     (c)  adverse weather patterns;

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

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

Penalty:  10 penalty units.

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

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

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

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

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

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

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

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

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

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

       (1AA)  This regulation does not apply in relation to an aircraft that is registered in New Zealand and is operated under a New Zealand AOC with ANZA privileges.

             (1)  CASA may issue instructions specifying:

                     (a)  the radiocommunication systems; or

                     (b)  the radio navigation systems; or

                     (c)  the secondary surveillance radar transponder equipment; or

                     (d)  the airborne weather radar system; or

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

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

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

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

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

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

                     (a)  served on the person; or

                     (b)  published in NOTAMS or AIP.

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

                     (a)  2 landing lights;

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

                     (c)  lights in all passenger compartments;

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

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

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

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

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

Penalty:  25 penalty units.

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

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

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

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

Penalty:  50 penalty units.

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

Penalty:  50 penalty units.

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

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

                     (a)  during take‑off or landing; or

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

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

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

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

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

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

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

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

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

                     (b)  an instrument approach procedure;

                     (c)  an instrument departure procedure.

             (7)  In this regulation:

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

authorised instrument approach procedure means an instrument approach procedure that:

                     (a)  either:

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

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

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

authorised instrument departure procedure means an instrument departure procedure that:

                     (a)  either:

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

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

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

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

published lowest safe altitude means a lowest safe altitude that:

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

                     (b)  is published in the AIP or NOTAMS.

179  Authorised instrument approach procedures to be used

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

Penalty:  50 penalty units.

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

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

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

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

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

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

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

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

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

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

                     (a)  for navigation; and

                     (b)  to obtain positive position fixes;

in accordance with instructions issued under subregulation (1).

Penalty:  25 penalty units.

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

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

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

                     (a)  served on the person; or

                     (b)  published in NOTAMS or AIP.

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

180  Cruising levels for I.F.R. flights

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

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

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

Penalty:  50 penalty units.

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

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

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

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

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

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

Penalty:  10 penalty units.

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

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

Division 5Operations in RVSM airspace

Subdivision 1Preliminary

181A  What this Division does

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

181B  Definitions for this Division

                   In this Division:

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

181C  What is an RVSM airworthiness approval?

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

181D  What is an RVSM foreign airworthiness approval?

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

181E  What is an RVSM operational approval?

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

Subdivision 2RVSM airworthiness approvals

181F  Application for RVSM airworthiness approval

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

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

                     (a)  documents that identify the aircraft; and

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

                              (i)  2 independent altitude measurement systems;

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

                            (iii)  an altitude alert system;

                            (iv)  an automatic altitude control system; and

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

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

181G  RVSM airworthiness approval

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

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

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

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

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

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

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

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

181H  How long RVSM airworthiness approvals remain in force

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

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

181I  Notice to RVSM airworthiness approval holder to show cause

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

             (2)  A show cause notice must:

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

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

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

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

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

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

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

181J  Cancellation of RVSM airworthiness approval

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

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

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

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

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

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

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

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

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

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

Subdivision 3RVSM operational approvals

181L  Application for RVSM operational approval

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

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

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

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

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

181M  RVSM operational approval

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

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

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

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

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

181N  How long RVSM operational approvals remain in force

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

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

181O  Notice to RVSM operational approval holder to show cause

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

             (2)  A show cause notice must:

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

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

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

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

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

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

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

181P  Cancellation of RVSM operational approval

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

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

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

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

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

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

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

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

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

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

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

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

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

             (1)  In this regulation:

airworthiness approval means:

                     (a)  an RVSM airworthiness approval; or

                     (b)  an RVSM foreign airworthiness approval.

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

                     (a)  must cancel the RVSM operational approval; and

                     (b)  must (unless the airworthiness approvals of all the aircraft covered by the RVSM operational approval are cancelled) give a new RVSM operational approval covering the remaining aircraft.

             (3)  A new RVSM operational approval given under paragraph (2)(b) takes effect on the cancellation of the replaced RVSM operational approval.

             (4)  If CASA cancels an RVSM operational approval under paragraph (2)(a), it:

                     (a)  must give written notice of the cancellation, setting out the date of the cancellation, to the holder of the approval; and

                     (b)  must, if it replaces the approval under paragraph (2)(b), include in the notice a statement to that effect.

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

             (1)  If the holder of an RVSM operational approval ceases to be the operator of an aircraft covered by the RVSM operational approval, the holder must tell CASA, in writing, as soon as practicable.

             (2)  After receiving information under subregulation (1), CASA:

                     (a)  must cancel the RVSM operational approval; and

                     (b)  must (unless no other aircraft are covered by the RVSM operational approval) give a new RVSM operational approval covering the remaining aircraft.

             (3)  CASA must give the holder written notice of the cancellation, and the new approval (if any), setting out:

                     (a)  the date of the cancellation; and

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

             (4)  A new RVSM operational approval given under paragraph (2)(b) takes effect on the cancellation of the replaced RVSM operational approval.

181S  Requirements of Australian operator using Australian aircraft

                   The holder of an RVSM operational approval must not permit an Australian aircraft used by the holder to begin a flight during which the aircraft may fly in RVSM airspace unless:

                     (a)  the approval covers the aircraft; and

                     (b)  an RVSM airworthiness approval is in force for the aircraft; and

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

                     (d)  the equipment is functioning properly; and

                     (e)  each member of the flight crew of the aircraft has satisfactorily completed the training program mentioned in paragraph 181M(1)(c).

181T  Requirements of Australian operator using foreign aircraft

                   The holder of an RVSM operational approval must not permit a foreign aircraft used by the holder to fly into Australian territory on a flight, or begin a flight in Australian territory, during which the aircraft may fly in RVSM airspace over Australian territory unless:

                     (a)  the approval covers the aircraft; and

                     (b)  an RVSM foreign airworthiness approval is in force for the aircraft; and

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

                     (d)  the equipment is functioning properly; and

                     (e)  each member of the flight crew of the aircraft has satisfactorily completed the training program mentioned in paragraph 181M(1)(c).

181U  Monitoring height‑keeping

                   The holder of an RVSM operational approval must comply with the requirements for monitoring height‑keeping in RVSM operations mentioned in the RVSM Minimum Monitoring Requirements issued by the Australian Airspace Monitoring Agency, as in force from time to time.

Note:          The RVSM Minimum Monitoring Requirements are available from Airservices Australia’s website (www.airservicesaustralia.com).

181V  Telling CASA about cancellation of RVSM foreign airworthiness approval

                   If the RVSM foreign airworthiness approval of a foreign aircraft used by an Australian operator is cancelled by the issuing authority, the operator must tell CASA in writing as soon as practicable.

Subdivision 4Miscellaneous

181X  New registration marks

                   If an RVSM airworthiness approval or RVSM operational approval identifies an Australian aircraft by reference to a registration mark (the old registration mark) that has been replaced with a new registration mark, the reference in the approval to the old registration mark is taken to be a reference to the new registration mark.

Part 13Signals for the control of air traffic

Division 1Aerodrome traffic

182  Use of prescribed signals

             (1)  A person must not use a signal prescribed in this Part for a purpose that is not the purpose prescribed in this Part for that signal.

Penalty:  25 penalty units.

             (2)  A person must not use a signal that is:

                     (a)  not prescribed in this Part; and

                     (b)  likely to be confused with a signal prescribed in this Part.

Penalty:  25 penalty units.

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

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

183  Responsibility for complying with this Part

             (1)  The pilot in command of an aircraft being operated on or in the vicinity of an aerodrome shall comply with signals and instructions given in accordance with this Part and with the rules and other provisions contained in this Part.

Penalty:  50 penalty units.

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

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

184  Two‑way radiotelephony communication

             (1)  Where aerodromes are equipped with two‑way radiotelephony apparatus, air traffic control shall give control instructions by this means to all aircraft equipped to receive radiotelephony messages.

             (2)  All such communication between aircraft and air traffic control shall be in the English language:

                   Provided that:

                     (a)  when authorised by CASA in exceptional cases and if air traffic control personnel are available who can intelligibly speak both the English language and the other language concerned; or

                     (b)  when the owner or operator of the aircraft has furnished properly qualified personnel who can intelligibly speak both the English language and the language concerned and they are available to assist air traffic control in communicating with the aircraft;

the communications may be made in the language concerned.

185  Visual signals

             (1)  Where control by the means referred to in regulation 184 is not available, the appropriate visual signals prescribed by this Part may be used.

             (2)  Nothing in this regulation shall prevent any combination of radiotelephony signals and visual signals being used at any aerodrome, but a visual signal shall not be used in any case where it is possible to use radiotelephony.

186  Pilot in command to maintain look out for visual signals

                   Where radio communication is being used, the pilot in command of an aircraft shall not thereby be relieved of the responsibility of keeping a look out for any instructions which may be issued by visual means.

187  Light signals

             (1)  A light signal directed at a particular aircraft from air traffic control at an aerodrome has, both by day and by night, the meaning specified in relation to the signal in Aeronautical Information Publications.

             (2)  Light signals directed from an aircraft to air traffic control at an aerodrome have the following meaning:

                     (a)  a green light (made by signalling apparatus or pyrotechnics, but not by navigation lights) means:

                              (i)  by day—that the aircraft wishes to land in other than the direction authorised; and

                             (ii)  by night—that the aircraft wishes to land, although not compelled to do so;

                     (b)  a steady white light directed downward until the landing is made means—acknowledgment of permission to land.

188  Pyrotechnic signals

                   A pyrotechnic signal made by air traffic control at an aerodrome has the meaning specified in relation to the signal in Aeronautical Information Publications.

189  Ground signals

                   When displayed at an aerodrome, ground signals shall take the form, and for all aircraft shall have the meaning, specified, in relation to the signal, in Aeronautical Information Publications.

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

190  Warning signal

                   For the purpose of warning an aircraft that it is in the vicinity of a danger area, a prohibited area or a restricted area and should take remedial action, the signal used shall be, by day or by night, a series of projectiles, discharged at intervals of 10 seconds each, showing, on bursting, red and green lights or stars.

Division 3Emergency signals

191  Transmission of signals

             (1)  The pilot in command of an aircraft shall transmit or display the signals specified in this Division according to the degree of emergency being experienced.

             (2)  The signals specified in relation to each successive degree of emergency may be sent either separately or together for any one degree of emergency.

             (3)  Nothing in the rules contained in this Division shall prevent the use by an aircraft in distress of any means at its disposal to attract attention or make known its position for the purpose of obtaining help.

192  Distress signals

             (1)  The distress signal shall be transmitted only when the aircraft is threatened with grave and immediate danger and requires immediate assistance.

             (2)  In radio telegraphy, the distress signal shall take the form of SOS (... — — —...), sent 3 times, followed by the group DE, sent once, and the call sign of the aircraft, sent 3 times.

             (3)  The signal specified in subregulation (2) may be followed by the automatic alarm signal which consists of a series of 12 dashes, sent in one minute, the duration of each dash being 4 seconds, and the duration of the interval between consecutive dashes being one second.

             (4)  In radiotelephony, the distress signal shall take the form of the word ‘MAYDAY’, pronounced 3 times, followed by the words ‘THIS IS’, followed by the call sign of the aircraft 3 times.

             (5)  By other means the distress signal shall take one or more of the following forms:

                     (a)  the Morse signal ... — — —... with visual apparatus or with sound apparatus;

                     (b)  a succession of pyrotechnical lights, fired at short intervals, each showing a single red light;

                     (c)  the two‑flag signal corresponding to the letters NC of the International Code of Signals;

                     (d)  the distant signal, consisting of a square flag having, either above or below, a ball or anything resembling a ball;

                     (e)  a parachute flare showing a red light;

                      (f)  a gun or other explosive signal fired at intervals of approximately one minute.

193  Urgency signals

             (1)  The following signals, used either together or separately, shall be used by an aircraft for the purpose of giving notice of difficulties which compel it to land without requiring immediate assistance:

                     (a)  the repeated switching on and off of the landing lights;

                     (b)  the repeated switching on and off of the navigation lights, in such a manner as to be distinctive from the flashing lights described in subregulation 196(2);

                     (c)  a succession of white pyrotechnical lights.

             (2)  The following signals, used either together or separately, shall be used by an aircraft for the purpose of giving notice that the aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or vehicle, or of some person on board or within sight:

                     (a)  in radiotelegraphy, 3 repetitions of the group XXX ( — .. — — .. — — .. —), sent with the letters of each group, and the successive groups clearly separated from each other, and sent before the transmission of the message;

                     (b)  in radiotelephony, 3 repetitions of the words PAN, PAN, sent before the transmission of the message;

                     (c)  a succession of green pyrotechnical lights;

                     (d)  a succession of green flashes with signal apparatus.

194  Safety signal

             (1)  The safety signal shall be transmitted when an aircraft wishes to transmit a message concerning the safety of navigation or to give important meteorological warnings.

             (2)  The safety signal shall be sent before the call and:

                     (a)  in the case of radiotelegraphy shall consist of 3 repetitions of the group TTT (— — —), sent with the letters of each group and the successive groups clearly separated from each other; and

                     (b)  in the case of radiotelephony shall consist of the word ‘SECURITY’, repeated 3 times.

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

195  Compliance with rules about lights

             (1)  At night and in conditions of poor visibility, the operator and the pilot in command of an aircraft must comply with the rules in this Part requiring lights to be displayed in relation to the aircraft.

Penalty:  25 penalty units.

             (2)  At night and in conditions of poor visibility, the operator and the pilot in command of an aircraft must not allow to be displayed other lights that are likely to be mistaken for the lights required to be displayed under this Part.

Penalty:  25 penalty units.

             (3)  The operator and the pilot in command of an aircraft must ensure that the lights displayed are not dazzling.

Penalty:  25 penalty units.

             (4)  If a light, which the rules of this Part require to be displayed by an aircraft in flight, fails and the light cannot be repaired immediately, the pilot in command of the aircraft must:

                     (a)  notify air traffic control immediately; or

                     (b)  if this is not possible, land the aircraft as soon as it can be landed without danger.

Penalty:  25 penalty units.

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

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

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

          (1A)  The operator and the pilot in command of an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, must ensure that the lights required by this regulation to be displayed on the aeroplane are so displayed.

Penalty:  25 penalty units.

             (1)  Unless CASA otherwise directs, an aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display the following navigation lights:

                     (a)  an unobstructed red light projected above and below the horizontal plane through an angle from dead ahead to 110° port;

                     (b)  an unobstructed green light projected above and below the horizontal plane through an angle from dead ahead to 110° starboard; and

                     (c)  an unobstructed white light projecting above and below the horizontal plane rearward through an angle of 140°, equally distributed on the port and starboard sides.

             (2)  Unless CASA otherwise directs, navigation lights shall be steady lights.

             (3)  Unless CASA otherwise directs, an aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display, in addition to the navigation lights, an anti‑collision light consisting of a flashing red light visible in all directions within 30 degrees above and 30 degrees below the horizontal plane of the aeroplane.

             (4)  Where the lights are flashing lights, the aircraft:

                     (a)  shall display an additional flashing white light visible in all directions; and

                     (b)  may display an additional flashing red rear light;

in accordance with such requirements as CASA, having regard to Annex 8 of the Convention, specifies in Civil Aviation Orders.

             (5)  The colour specifications and minimum and maximum intensities of the navigation lights and the anti‑collision light shall be such as CASA, having regard to Annex 8 of the Convention, specifies in Civil Aviation Orders.

             (6)  Unless CASA otherwise directs, wing‑tip clearance lights comprising steady lights of the appropriate colours must be displayed if the distance of the navigation lights from the wing‑tip is more than 2 metres.

             (7)  A person may park an aircraft on, or adjacent to, the movement area of an aerodrome used or available for use in night flying operations only if:

                     (a)  the aircraft is clearly illuminated or lighted; or

                     (b)  the area that it occupies is marked by obstruction lights.

Penalty:  25 penalty units.

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

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

             (9)  It is a defence to a prosecution under subregulation (1A) if CASA directed lighting otherwise than as required by this regulation and the defendant used that lighting.

Note:          A defendant bears an evidential burden in relation to the matter in subregulation (9) (see subsection 13.3(3) of the Criminal Code).

197  Aeroplanes under way on the surface of water

          (1A)  The pilot in command of an aeroplane on the surface of the water must display lights on the aeroplane in accordance with this regulation.

Penalty:  25 penalty units.

             (1)  An aeroplane, when under way on the surface of the water shall display steady lights being:

                     (a)  the lights specified in subregulation 196(1); and

                     (b)  a white light visible forward throughout a dihedral angle of 220° bisected by a vertical plane through the longitudinal axis of the aeroplane and visible at a distance of at least 6 kilometres.

             (2)  When towing another aircraft or vessel, an aeroplane shall display:

                     (a)  the lights specified in subregulation (1); and

                     (b)  a second steady white light of the same construction and character as the light specified in paragraph (1)(b) placed not less than 2 metres vertically above or below that light.

             (3)  When being towed an aeroplane shall display only the lights specified in subregulation 196(1).

             (4)  The pilot in command of an aeroplane on the surface of the water must ensure that, when the aeroplane is no longer under command, it displays:

                     (a)  the lights specified in subregulation (1) or, when not making way, the lights specified in that subregulation other than the red and green lights specified in paragraphs 196(1)(a) and (b); and

                     (b)  two steady red lights placed where they can best be seen, one vertically over the other and not less than 1 metre apart and visible at a distance of at least 4,000 metres.

Penalty:  25 penalty units.

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

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

198  Aeroplanes at anchor or moored on the surface of water

             (1)  A person who anchors or moors an aeroplane on the surface of the water must ensure that the aeroplane displays:

                     (a)  if the aeroplane is less than 50 metres in length—a steady white light, where it can best be seen, visible all round the horizon at a distance of at least 4,000 metres;

                     (b)  if the aeroplane is 50 metres or more in length—a steady white forward light and a steady white rear light, where they can best be seen, both visible all round the horizon at a distance of at least 6 kilometres; and

                     (c)  if the aeroplane is 50 metres or more in span—a steady white light on each side to demarcate the maximum span and visible, as far as practicable, all round the horizon at a distance of at least 2,000 metres.

Penalty:  25 penalty units.

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

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

199  Aeroplanes aground on the surface of the water

             (1)  The pilot in command of an aeroplane must not allow the aeroplane to be on the surface of the water and aground if the aeroplane is not displaying:

                     (a)  the appropriate lights specified in regulation 198; and

                     (b)  2 steady red lights in a vertical red line not less than 1 metre apart, placed so as to be visible all round the horizon.

Penalty:  25 penalty units.

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

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

200  Gliders

             (1)  In all circumstances in which the rules of this Division require an aeroplane to display lights, a person who flies or operates a glider must ensure that the glider displays a red light visible, as far as practicable, in all directions.

Penalty:  25 penalty units.

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

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

203  Airships

             (1)  CASA may give directions in writing specifying the lights that must be displayed in relation to an airship.

             (2)  If CASA gives a direction under subregulation (1) to a person, the person must comply with the direction.