CIVIL AVIATION REGULATIONS 1988 - made under the Civil Aviation Act 1988 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Regulations 2. Interpretation 2AA. Meaning of ANZA mutual recognition agreements (Act s 3) 2A. Approved maintenance data 2B. Powers to issue directions etc 2C. How to read CASR 3. Application of regulations PART 2--ADMINISTRATION AND ORGANISATION 4. CASA 5. Civil Aviation Orders 5A. Certain directions etc to be disallowable instruments 6. Authorised persons 6A. Identity cards PART 4--AIRWORTHINESS REQUIREMENTS Division 2--Foreign operators 29. Damage etc to aircraft of a Contracting State Division 3--Certificates of approval, aircraft maintenance engineer licences, airworthiness authorities and aircraft welding authorities 29A. Interpretation 30. Certificates of approval 30AA. Provision of training and assessment in maintenance of aircraft etc. 30A. Changes to certificates of approval 32. Period during which certificates of approval remain in force 33. Testing of competency of holder of licence or authority 33B. Airworthiness authorities 33C. Application for aircraft welding authority 33D. Grant of aircraft welding authority 33E. Recognised authorities 33F. Duration of aircraft welding authority 33G. Renewal of aircraft welding authority 33H. Changes to aircraft welding authority 33I. Conditions of aircraft welding authority Division 4--Miscellaneous 37. Permissible unserviceabilities PART 4A--MAINTENANCE Division 1--Maintenance directions by CASA 38. Maintenance directions Division 2--Maintenance for which holder of certificate of registration responsible Subdivision 1--Class A aircraft 39. Maintenance required by approved system of maintenance 40. Defective or inappropriate systems of maintenance Subdivision 2--Class B aircraft 41. Maintenance schedule and maintenance instructions 42. Defective or inappropriate maintenance schedule 42A. Maintenance schedule: manufacturer's maintenance schedule 42B. Maintenance schedule: CASA maintenance schedule 42C. Maintenance schedule: approved system of maintenance 42CA. Maintenance schedule--primary, intermediate, restricted or limited category aircraft 42CB. Maintenance--experimental aircraft 42D. Can there be more than one maintenance schedule? 42E. Elections 42F. Effect of change of holder of certificate of registration Subdivision 3--Miscellaneous 42G. Flight control system: additional requirements 42H. Exemptions and variations Division 3--Approved systems of maintenance 42J. System of maintenance: request for approval 42K. System of maintenance: submission to CASA 42L. System of maintenance: matters to be included 42M. System of maintenance: approval 42N. When approval is effective 42P. Request for approval of changes 42Q. CASA may direct changes 42R. Approval of changes 42S. When approval of a change is effective 42T. All changes must be approved Division 4--How maintenance is to be carried out 42U. Modifications and repairs: approved designs 42V. Maintenance: approved maintenance data 42W. Installation and use of aircraft components in maintenance--Australian aircraft in Australian territory 42WA. Requirements for authorised release certificate 42X. Use of aircraft materials in maintenance--Australian aircraft in Australian territory 42Y. Time-lifed aircraft components--exemption from supply under cover of document requirements 42Z. Removable items of radiocommunications equipment in VFR aircraft--exemption from certification requirements 42ZA. Use of aircraft components, aircraft materials etc in maintenance--Australian aircraft outside Australian territory 42ZB. Exemptions and variations Division 5--Who may carry out maintenance 42ZC. Maintenance on Australian aircraft in Australian territory 42ZD. Maintenance on Australian aircraft outside Australian territory Division 6--Certification of completion of maintenance Subdivision 1--Maintenance in Australian territory 42ZE. Certification of completion of maintenance on aircraft in Australian territory 42ZF. Request for approval of system of certification 42ZG. Approval of system of certification 42ZH. When approval is effective 42ZJ. Changes to an approved system of certification 42ZK. Approval of changes 42ZL. When approval of a change is effective 42ZM. All changes must be approved Subdivision 2--Maintenance outside Australian territory 42ZN. Certification of maintenance outside Australian territory Subdivision 3--Miscellaneous 42ZP. Certification not to be made Division 7--Exemptions from, and variations of, requirements 42ZQ. Requirements to which Division applies 42ZR. Application for exemption from, or variation of, requirements 42ZS. Granting of exemptions and approval of variations 42ZT. When grant or approval is effective 42ZU. Effect of grant of exemption or approval of variation Division 8--Maintenance control manual and maintenance controller 42ZV. Maintenance controllers 42ZW. Approval of maintenance controllers 42ZX. Suspension or cancellation of approvals 42ZY. Maintenance control manuals 42ZZ. Maintenance control manuals: amendments 42ZZA. Inspection of maintenance control manuals Division 9--Maintenance releases 43. Maintenance releases in respect of Australian aircraft 43A. Maintenance release to be available for inspection 43B. Time-in-service to be recorded on maintenance release 44. Conditions with respect to maintenance releases 45. Suspension or cancellation of maintenance release 46. Information to be passed to other persons 47. Maintenance release to cease to be in force 48. Maintenance release to recommence to be in force 49. Permissible unserviceabilities to be endorsed on maintenance releases 50. Defects and major damage to be endorsed on maintenance release Division 10--Aircraft log books 50A. Aircraft log book 50B. Alternative to aircraft log book or section of aircraft log book 50C. Directions relating to aircraft maintenance records 50D. Inspection of records Division 11--Miscellaneous 50E. Inconsistent requirements--resolution of inconsistencies 50F. Notice of maintenance to be given 50G. Copying or disclosing CVR information PART 4B--DEFECT REPORTING 51. Reporting of defects in Australian aircraft--general 51A. Reporting of defects in Australian aircraft: major defects 51B. Defects discovered in complying with directions by CASA 52. Defects discovered in aircraft components 52A. How must reports to Authority be made? 52B. Keeping of defective aircraft and aircraft components 53. Investigation of defects of Australian aircraft PART 4C--FLIGHT MANUALS 54. Registered operators to maintain aircraft flight manuals PART 4D--REMOVAL OR ALTERATION OF DATA PLATES ETC. 56. Definitions for this Part 57. Removal or alteration of manufacturer's data plate 58. Removal or alteration of identification from heater assembly of manned balloon or propeller 59. Transfer of manufacturer's data plate to another aircraft etc prohibited 60. Removal of manufacturer's data plates 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 77. Part 7 not to apply to New Zealand AOC holders with ANZA privileges 78. Navigation logs 79. Form of logs 80. Retention of logs 81. Directions under this Part 82. Equipment of Australian aircraft with radiocommunication systems 82A. Use of radiocommunication systems: words and phrases to be used 83. Transmitting on aeronautical radio frequencies 84. Use and operation of radiocommunication systems by foreign aircraft 85. Directions under Part 8 Division 8--Use of aerodromes 90. Access of official aircraft to aerodromes 91. Use of aerodromes by aircraft of Contracting States 92. Use of aerodromes 92A. Use of aerodromes in regular public transport operations 93. Protection of certain rights Division 9--Removal or marking of obstructions or other hazards 94. Dangerous lights 95. Removal or marking of objects which constitute obstructions or potential hazards to air navigation 96. Dumping of rubbish Division 1--Air Traffic Services 99AA. Air Traffic--Services, directions and instructions 99A. Broadcasts to be made at certain aerodromes 100. Compliance with air traffic control clearances and air traffic control instructions 101. Procedure when air traffic control not in operation 105. Temporary medical unfitness of holder of licence 115. Medical unfitness of holder of licence Division 2--Meteorological services 120. Weather reports not to be used if not made with authority Division 3--Statistical returns 132. Statistical returns Division 1--General 133. Conditions to be met before Australian aircraft may fly 135. Foreign aircraft of Contracting States 135A. Special flight authorisation 136. Foreign state aircraft 138. Pilot to comply with requirements etc of aircraft's flight manual etc 139. Documents to be carried in Australian aircraft 140. Prohibited, restricted and danger areas 143. Carriage of firearms 144. Discharge of firearms in or from an aircraft 145. Emergency authority 146. Liability as to neglect of rules regarding lights etc 147. Australian aircraft in or over territory of a State which is not a Contracting State Division 2--Flight rules 149. Towing 150. Dropping of articles 151. Picking up of persons or objects 152. Parachute descents 153. Flight under simulated instrument flying conditions 155. Aerobatic manoeuvres 156. Flying over public gatherings 157. Low flying 158. Reports at designated points or intervals 159. Procedure on radio failure 159A. Power of CASA to issue instructions 159B. Manner of notifying instructions Division 1--General 160. Interpretation 161. Right of way 162. Rules for prevention of collision 163. Operating near other aircraft 163AA. Formation flying 163A. Responsibility of flight crew to see and avoid aircraft Division 2--Operation on and in the vicinity of aerodromes Subdivision 1--General 164. Responsibility for compliance with rules of this Division 165. Temporary suspension of rules Subdivision 2--Operating on and in the vicinity of non-controlled aerodromes 166. Definitions for Subdivision 2 166A. General requirements for aircraft on the manoeuvring area or in the vicinity of a non-controlled aerodrome 166B. Carrying out a straight-in approach 166C. Responsibility for broadcasting on VHF radio 166D. Designation of non-controlled aerodromes 166E. Requirements for operating on or in the vicinity of certified, military, registered or designated non-controlled aerodromes Subdivision 3--Controlled 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 168. Aerodromes at which the operation of aircraft is not restricted to runways 169. Preventing collisions on water Division 3--Visual flight rules 170. Interpretation 171. V.F.R. flight 172. Flight visibility and distance from cloud 173. Cruising level to be appropriate to magnetic track 174. Determination of visibility for V.F.R. flights 174A. Equipment of aircraft for V.F.R. flight 174B. V.F.R. flights at night 174D. Navigation of aircraft on V.F.R. flight Division 4--Instrument flight rules 175. I.F.R. flight 175A. Restriction on I.F.R. flights by single engine aircraft 176A. Determination of visibility and cloud base for I.F.R. flights 177. Equipment of aircraft for I.F.R. flight 178. Minimum height for flight under I.F.R. 179. Authorised instrument approach procedures to be used 179A. Navigation of aircraft on I.F.R. flight 180. Cruising levels for I.F.R. flights 181. Flight procedure for I.F.R. flight where cruising level cannot be maintained Division 5--Operations in RVSM airspace Subdivision 1--Preliminary 181A. What this Division does 181B. Definitions for this Division 181C. What is an RVSM airworthiness approval? 181D. What is an RVSM foreign airworthiness approval? 181E. What is an RVSM operational approval? Subdivision 2--RVSM airworthiness approvals 181F. Application for RVSM airworthiness approval 181G. RVSM airworthiness approval 181H. How long RVSM airworthiness approvals remain in force 181I. Notice to RVSM airworthiness approval holder to show cause 181J. Cancellation of RVSM airworthiness approval Subdivision 3--RVSM operational approvals 181L. Application for RVSM operational approval 181M. RVSM operational approval 181N. How long RVSM operational approvals remain in force 181O. Notice to RVSM operational approval holder to show cause 181P. Cancellation of RVSM operational approval 181Q. Removal of aircraft from RVSM operational approval--cancellation of airworthiness approval 181QA. Removal of aircraft from RVSM operational approval--holder ceasing to operate aircraft 181S. Requirements of Australian operator using Australian aircraft 181T. Requirements of Australian operator using foreign aircraft 181U. Monitoring height-keeping 181V. Telling CASA about cancellation of RVSM foreign airworthiness approval Subdivision 4--Miscellaneous 181X. New registration marks Division 1--Aerodrome traffic 182. Use of prescribed signals 183. Responsibility for complying with this Part 184. Two-way radiotelephony communication 185. Visual signals 186. Pilot in command to maintain look out for visual signals 187. Light signals 188. Pyrotechnic signals 189. Ground signals Division 2--Special signals relating to danger areas, prohibited areas and restricted areas 190. Warning signal Division 3--Emergency signals 191. Transmission of signals 192. Distress signals 193. Urgency signals 194. Safety signal Division 4--Lights to be displayed by aircraft and lights and markings to be displayed on mooring cables 195. Compliance with rules about lights 196. Aeroplanes in flight or on the manoeuvring area of land aerodromes 197. Aeroplanes under way on the surface of water 198. Aeroplanes at anchor or moored on the surface of water 199. Aeroplanes aground on the surface of the water 200. Gliders 203. Airships Division 1A--AOCs with ANZA privileges 205. Additional conditions--Australian AOC with ANZA privileges Division 1--General 206. Commercial purposes (Act, s 27(9)) 207. Requirements according to operations on which Australian aircraft used 208. Number of operating crew 209. Private operations 210A. Flight time limitations 210B. Pilot in command under supervision Division 2--Requirements to ensure the safety of commercial operations 211. Division 2 not to apply to New Zealand AOC holders with ANZA privileges 212. Operator 213. Organisation 214. Training of maintenance personnel 215. Operations manual 216. Flight time records 217. Training and checking organisation 218. Route qualifications of pilot in command of a regular public transport aircraft 219. Route qualifications of pilot in command of a charter aircraft 220. Fuel instructions and records 221. Facilities and safety devices for public 222. Proving tests Division 3--Conduct of operations 222A. Division 3 not to apply to New Zealand AOC holders with ANZA privileges 223. Operator to ensure employees and flight crew familiar with local laws and regulations 224. Pilot in command 224A. Commercial operations carrying passengers--requirements if pilot in command 60 or more 225. Pilots at controls 226. Dual controls 227. Admission to crew compartment 228. Unauthorised persons not to manipulate controls 228A. Definition of qualified to taxi an aircraft 229. Operation of aircraft on ground--only qualified persons may taxi aircraft 230. Starting and running of engines 231. Manipulation of propeller 232. Flight check system 232A. Operational procedures in relation to computers 233. Responsibility of pilot in command before flight 234. Fuel requirements 235. Take-off and landing of aircraft etc 235A. Taking off from and landing on narrow runways--certain aeroplanes 238. Icing conditions 239. Planning of flight by pilot in command 240. Authority may issue instructions in relation to flight planning 241. Flight plans--submission to air traffic control in certain cases 242. Testing of radio apparatus 243. Listening watch 244. Safety precautions before take-off 245. Tests before and during the take-off run 246. Movement on manoeuvring area 247. Meteorological conditions observed en route 248. Reporting of defects Division 4--General provisions relating to the operation of aircraft 248A. Division 4 not to apply to New Zealand AOC holders with ANZA privileges 249. Prohibition of carriage of passengers on certain flights 250. Carriage on wings, undercarriage etc 251. Seat belts and safety harness 252. Provision of emergency systems etc 252A. Emergency locator transmitters 253. Emergency and life-saving equipment 254. Exits and passageways not to be obstructed 255. Smoking in aircraft 256. Intoxicated persons not to act as pilots etc or be carried on aircraft 256AA. Offensive and disorderly behaviour 256A. Carriage of animals 257. Aerodrome meteorological minima 258. Flights over water 259. Manned free balloons 260. Manned fixed balloons and kites 262. Carriage of examiners Division 5--Airborne collision avoidance systems--turbine-powered commercial aeroplanes Subdivision 1--Definitions for Division 5 262AA. Definitions for Division 5 Subdivision 2--Airborne-collision avoidance systems--Australian turbine-powered commercial aeroplanes 262AB. Application of Subdivision 2 262AC. ACAS requirements--larger capacity aeroplanes: flights before 1 January 2014 262AD. ACAS requirements--larger capacity aeroplanes: flights on or after 1 January 2014 262AE. ACAS requirements--certain new aeroplanes first registered on or after 1 January 2014 262AF. Serviceable ACAS must be activated during flight 262AG. Reporting unserviceable ACAS during flight 262AH. Reporting unserviceable ACAS before flight Subdivision 3--Airborne collision avoidance systems--foreign turbine-powered commercial aeroplanes 262AI. Application of Subdivision 3 262AJ. ACAS requirements--turbine-powered commercial aeroplanes 262AJA. Serviceable ACAS must be activated during flight 262AJB. Reporting unserviceable ACAS during flight 262AJC. Reporting unserviceable ACAS before flight Division 6--Operating limitations for aircraft certificated in certain categories and experimental aircraft 262AK. Application of this Division 262AL. Restricted category aircraft--operating limitations 262AM. Limited category aircraft--operating limitations 262AN. Approved organisations 262AO. Provisionally certificated aircraft--operating limitations 262AP. Experimental aircraft--operating limitations 262APA. Light sport aircraft--operating limitations 262AQ. Primary category aircraft--operating limitations 262AR. Intermediate category aircraft--operating limitations 262AS. Where aircraft may be flight tested 263. Interpretation 264. Refusal to grant certificate under Division 3 of Part 4 265. Suspension of licence or authority for purpose of examination 267. Variation of authority, certificate or licence at request of holder 269. Variation, suspension or cancellation of approval, authority, certificate or licence 270. Effect of effluxion of time for suspension of approval, authority, certificate or licence 272A. Effect of suspension of approval, authority, certificate or licence Division 1--Penal provisions 282. Offences in relation to licences, certificates and authorities 286. Stowaways 287. Power of Court to order returns etc to be furnished 288. Detention of aircraft 289. Creation of fire hazard 290. Firearms--Federal airports 291. Stationary aircraft within precincts of an aerodrome 292. Aircraft on movement area to be reported 293. Removal of aircraft from movement area 294. Prohibition of entry etc on prohibited area Division 2--Prosecutions 296. Time for commencing prosecutions Division 3--Infringement notices 296A. Definitions for Division 3 of Part 17 296B. When can an infringement notice be served? 296C. Can an infringement notice be withdrawn? 296D. How are infringement notices and withdrawals of notices to be served? 296E. What must be included in an infringement notice? 296F. What happens if you pay the prescribed penalty? 296G. Evidentiary matters 296H. Can there be more than one infringement notice for the same offence? 296I. What if payment is made by cheque? 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 297. Evidence 297A. Review of decisions 298A. Cheating by examination candidates 298B. Examination misconduct by persons other than examination candidates 298C. Personation at examinations 298D. Person not permitted to sit examination until Tribunal decides 298E. Sitting examination when not permitted 299. Further examination of holders of flight crew licences etc. 301. Surrender of documents 302. Production of licences 303. Conditions subject to which licences or certificates are granted 304. Directions and instructions--section 23 of the Act 305. Access of authorised persons 306. Liability for damage to aircraft during official tests 309. Powers of pilot in command 309A. Instructions about activities on board aircraft Division 1--Transitional provisions--miscellaneous 311. Transitional 312. Definition 313. Transitional: certificates of type approval 314. Transitional: certificates of airworthiness 315. Transitional: suspension of a certificate of airworthiness 317. Transitional: permission to fly 318. Transitional: certificates of approval 319. Transitional: approval to manufacture amateur-built aircraft 320. Transitional: suspension of certificate of approval 321. Transitional: notices of events 323AA. Transitional--certain directions under regulation 166 323A. Transitional--determinations under regulation 178 324. Transitional: certain warnings 325. References to Parts, Divisions or Subdivisions renumbered by Civil Aviation Amendment Regulations 1999 (No. 6) Division 2--Transitional provisions relating to Parts 42, 66, 145 and 147 of CASR 328. Application of Part 4A to aircraft 330. Application of Part 4B to aircraft 331. Application of Part 4B to Part 145 organisations--dealing with defects 332. Application of regulation 133 to aircraft Division 3--Transitional provisions--amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No 333. Certain civil aviation authorisations not affected by substitution of Part 5 on 1 September 2014 334. Civil Aviation Orders for Part 5--balloons 335. Civil Aviation Orders--flight time limitations Division 4--Transitional provisions--amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013 Subdivision 1--Transitional provisions 336. References to certification of completion of maintenance and authorised release certificates (regulation 42W) 337. Application of regulation 214 (Training of maintenance personnel) Subdivision 2--Part 145 organisations approved to undertake CAR maintenance activities 338. Definition of approved system of certification of completion of maintenance 339. Compliance with regulation 42G (Flight control system: additional requirements) 340. Compliance with Division 4 of Part 4A (How maintenance is to be carried out) 341. Who may carry out maintenance for regulation 42ZC (Maintenance on Australian aircraft in Australian territory) 342. Application of regulations 42ZF to 42ZM (which deal with approved systems of certification of completion of maintenance) 343. Compliance with Part 4B (Defect reporting) SCHEDULE 5 CASA maintenance schedule SCHEDULE 6 CASA system of certification of completion of maintenance SCHEDULE 7 Maintenance that must not be carried out on a Class B aircraft by a person referred to in paragraph 42ZC(4)(b) SCHEDULE 8 Maintenance that may be carried out on a Class B aircraft by a person entitled to do so under subregulation 42ZC(4) SCHEDULE 9 Maintenance control manual and maintenance controller CIVIL AVIATION REGULATIONS 1988 - REG 1 Name of Regulations These Regulations are the Civil Aviation Regulations 1988. CIVIL AVIATION REGULATIONS 1988 - REG 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 Information Publications or AIP" has the meaning given by regulation 4.12 of the Air Services Regulations 1995. "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. "facilities ", in relation to an air route or airway, has the same meaning as in subregulation 1.03(1) of the Air Services Regulations. "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. "group A ultralight " means an aircraft that is classified by Recreational Aviation Australia Inc. as a group A ultralight. "gyroplane " means a heavier-than-air aircraft: (a) that is supported in flight by the reaction of the air on rotors that are not power-driven but rotate when the aircraft is moving because of the action of the air; and (b) that has a power-driven propulsion system that is independent of the rotors. "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 or 42C 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. "Notices to Airmen or NOTAMS" has the meaning given by regulation 4.12 of the Air Services Regulations. "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 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. "publications " means Aeronautical Information Publications or Visual Flight Guides published by the Aeronautical Information Service, and includes any amendments of those publications published by that Service from time to time. "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. "sport aviation body " means: (a) Recreational Aviation Australia Inc.; or (b) the Australian Ballooning Federation Ltd; or (c) the Gliding Federation of Australia; or (d) the Hang-gliding Federation of Australia; or (e) the Australian Parachute Federation; or (ea) the Australian Sports Rotorcraft Association Inc; or (f) a body established in a Contracting State to administer sport aviation in that State. "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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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 Aeronautical Information Publications 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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 notified in the Gazette. CIVIL AVIATION REGULATIONS 1988 - REG 5A Certain directions etc to be disallowable instruments (1) If: (a) CASA has issued a Civil Aviation Order that is not an airworthiness directive, whether before or after 16 June 1994; and (b) a prescribed direction or exemption is issued, given or granted on or after that day; and (c) the prescribed direction or exemption has the effect of repealing, amending, or otherwise affecting the operation of, anything in the Order; the prescribed direction or exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (2) In this regulation: "prescribed direction or exemption " means a direction, instruction, notification, exemption, permission, approval or authority (however described or commonly called) issued, given or granted under these Regulations, but does not include anything in: (a) a Civil Aviation Order; or (b) an airworthiness directive; or (c) an instrument that is declared under any other provision of these Regulations to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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, 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 42H Exemptions and variations This Division has effect subject to Division 7 ('Exemptions from, and variations of, requirements'). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 42ZB Exemptions and variations This Division has effect subject to Division 7 ('Exemptions from, and variations of, requirements'). CIVIL AVIATION REGULATIONS 1988 - REG 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 thatpermits 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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: (a) 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; or (b) for a maintenance release for a flight under a permission to fly in force under subregulation 317(1)--the completion of any maintenance required under a condition of the permit, or under a direction in relation to the permit or permission, has been certified under regulation 42ZE or 42ZN. (8) For the purposes of paragraph (7)(a), the existence of an earlier maintenance release issued by virtue of that paragraph 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 paragraph. (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 paragraph (7)(a) 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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, subject to subregulation (2), 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, under subregulation 21.007A(2) of CASR, CASA or an authorised person or approved design organisation advises that the damage is not major damage. (2) A person is not required under subregulation (1) to enter an endorsement on a maintenance release or other document approved for use as an alternative to a maintenance release if: (a) the maintenance release was issued by virtue of paragraph 43(7)(b); and (b) the person considers that the ground for entering the endorsement: (i) existed at the time when the maintenance release was issued; and (ii) was known to the person who issued the maintenance release or to a responsible employee of that person. (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. CIVIL AVIATION REGULATIONS 1988 - REG 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 paragraph 43(7)(a). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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 5 --Balloon 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 CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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 Inc. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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 7 --Navigation logs CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 81 Directions under this Part A direction given under this Part does not have effect in relation to a person until it has been served on the person. Part 8 --Radio systems for use in, or in connection with, aircraft CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 85 Directions under Part 8 A direction given under this Part does not have effect in relation to a person until it has been served on the person. Part 9 --Aerodromes CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 96 Dumping of rubbish (1) In this regulation, aerodrome means: (a) an aerodrome established under the Air Navigation Regulations; (b) a place the use of which as an aerodrome is authorised by a certificate granted, or registration, under Part 139 of CASR; or (c) an aerodrome in respect of which an arrangement under section 20 of the Act is in force. (2) Where CASA is satisfied that the presence of waste foodstuffs in the vicinity of an aerodrome constitutes or may constitute such an attraction to birds as to create a hazard or a potential hazard to aircraft using that aerodrome or flying in the vicinity of that aerodrome, CASA may, by notice in the Gazette, declare that area to be an area of land to which this regulation applies. (3) A person shall not leave waste foodstuffs on, or bring waste foodstuffs onto, an area of land to which this regulation applies. Penalty: 50 penalty units. (4) CASA may, by notice in writing, require the owner of land on which waste foodstuffs are, being land within an area of land to which this regulation applies, to remove, within a time specified in the notice, the waste foodstuffs from his or her land to a place outside an area of land to which this regulation applies or to deal, within a time, and in a manner, specified in the notice, with the waste foodstuffs. (5) A notice under subregulation (4) may be served personally or by post. (6) A person shall not fail to comply with the requirements of a notice served on him or her under subregulation (4). Penalty: 50 penalty units. (6A) An offence against subregulation (3) or (6) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (7) If a person on whom a notice under subregulation (4) is served fails to comply with the requirements of the notice, an officer authorised for the purpose by CASA may, with such assistance as is necessary and reasonable, enter upon the land and remove or deal with the waste foodstuffs. Part 10 --Air Traffic Services and other services CIVIL AVIATION REGULATIONS 1988 - REG 99AA Air Traffic--Services, directions and instructions (3) A pilot in command of an aircraft must not engage in a V.F.R. flight in airspace designated as belonging to Class A airspace without CASA's approval. Penalty: 50 penalty units. (5) CASA may give directions or instructions about the use of a class of airspace, a controlled aerodrome, a control area or a control zone by either or both of the following: (a) aircraft engaged in I.F.R. flights; (b) aircraft engaged in V.F.R. flights. (5A) If: (a) an area of Australian territory has been declared to be a restricted area or a danger area; and (b) the airspace above that area is, or is part of, a class of airspace; CASA may give directions or instructions about the use of the airspace above that area that are different from instructions it gives under subregulation (5) about the use of the class of airspace. (6) A direction, instruction or particulars of a service must be given by means of Civil Aviation Orders or published in AIP or NOTAMS. (6A) A direction or an instruction under subregulation (5) or (5A) that is not given by means of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (7) A pilot in command of an aircraft must not engage in a flight, or part of a flight, in contravention of a direction or instruction under subregulation (5) or (5A). Penalty: 50 penalty units. (8) An offence against subregulation (3) or (7) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 100 Compliance with air traffic control clearances and air traffic control instructions (1) The pilot in command of an aircraft must comply with air traffic control instructions. Penalty: 50 penalty units. (2) The pilot in command of an aircraft must not allow the aircraft to: (a) enter, operate in, or leave a control area; (b) operate outside a control area as a result of a diversion out of that control area in accordance with air traffic control instructions; or (c) enter, operate in, or leave a control zone or operate at a controlled aerodrome; if the movement or operation is not in accordance with an air traffic control clearance in respect of the aircraft. Penalty: 50 penalty units. (2A) Subregulation (2) does not apply if the movement or operation: (a) is authorised by: (i) air traffic control; or (ii) a notification in Aeronautical Information Publications or NOTAMS; or (b) is made in an emergency in accordance with subregulation (3). (3) If an emergency arises that, in the interests of safety, necessitates a deviation from the requirements of an air traffic control clearance or air traffic control instructions, the pilot in command may make such deviation as is necessary but shall forthwith inform air traffic control of the deviation. Penalty: 5 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 132 Statistical returns (1) The owner of any aircraft shall furnish to CASA, or to an authorised officer, such statistical returns or other information relating to the aircraft and the crew thereof, the goods carried, other work performed by the aircraft, the journeys made by the aircraft, and the development of defects or failures in the aircraft, its engines or its accessories as CASA from time to time directs. Penalty: 10 penalty units. (2) An airline, or the owner of an aircraft engaged in public transport service, which uses any air route or airway facility maintained and operated by AA must give CASA or an authorised officer any traffic reports that CASA requires. Penalty: 5 penalty units. (3) A person must not disclose information received under subregulation (2) if the disclosure is not: (a) in the course of duty to another person performing duties under these Regulations; (b) with the consent of the airline or owner of the aircraft; or (c) in pursuance of subregulation (4). Penalty: 5 penalty units. (3A) An offence against subregulation (1), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) In accordance with Article 67 of the Convention, CASA shall transmit to the Council of the International Civil Aviation Organization such of the particulars supplied in accordance with subregulation (2) as relate to the international operations of Australian airlines engaged in such operations. Part 11 --Conditions of flight CIVIL AVIATION REGULATIONS 1988 - REG 133 Conditions to be met before Australian aircraft may fly (1) Subject to regulation 317 and regulation 21.197 of CASR, the pilot in command of an Australian aircraft must not commence a flight if each of the following requirements is not satisfied: (a) the aircraft has a nationality mark and a registration mark painted on, or affixed to, it in accordance with Part 45 of CASR; (c) the flight is not in contravention of any condition that: (i) is set out or referred to in the maintenance release or in any other document approved for use as an alternative to the maintenance release for the purposes of regulation 49, or subregulation 43(10); or (ii) is applicable to the maintenance release by virtue of a direction given under regulation 44; (d) any maintenance that is required to be carried out before the commencement of the flight, or that will be required to be carried out before the expiration of the flight, to comply with any requirement or condition imposed under these Regulations with respect to the aircraft has been certified, in accordance with regulation 42ZE or 42ZN, to have been completed; (e) the aircraft complies with these Regulations in respect of the number and description of, and the holding of licences and ratings by, the operating crew. Penalty: 50 penalty units. (2) Paragraph (1)(d) does not apply to any maintenance that was required to be carried out before: (a) the issue of the maintenance release in force, or the last maintenance release that was in force, for the aircraft; or (b) if the maintenance release was not a maintenance release issued because of paragraph 43(7)(a)--the issue of the last maintenance release for the aircraft issued because of that paragraph. (3) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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) It is a defence to a prosecution under subregulation (1) if the flight was authorised by: (a) a permission to fly under regulation 317; or (b) a special flight permit issued under regulation 21.197 of CASR. Note: A defendant bears an evidential burden in relation to the matters in subregulation (5) (see subsection 13.3(3) of the Criminal Code). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 159B Manner of notifying instructions Instructions issued under regulation 159A must be published in the AIP and NOTAMS. Part 12 --Rules of the air CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 162 Rules for prevention of collision (1) When 2 aircraft are on converging headings at approximately the same height, the aircraft that has the other on its right shall give way, except that: (a) power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons; (b) airships shall give way to gliders and balloons; (c) gliders shall give way to balloons; and (d) power-driven aircraft shall give way to aircraft that are seen to be towing other aircraft or objects. (2) When two aircraft are approaching head-on or approximately so and there is danger of collision, each shall alter its heading to the right. (3) An aircraft that is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending, or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear. (4) An overtaking aircraft shall not pass the aircraft that it is overtaking by diving or climbing. (5) An aircraft in flight, or operating on the ground or water, shall give way to other aircraft landing or on final approach to land. (6) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the greater height shall give way to aircraft at the lesser height, but the latter shall not take advantage of this rule to cut-in in front of another that is on final approach to land, or overtake that aircraft. (7) Notwithstanding anything contained in subregulation (6), power-driven heavier-than-air aircraft shall give way to gliders. (8) An aircraft that is about to take-off shall not attempt to do so until there is no apparent risk of collision with other aircraft. (9) The pilot in command of an aircraft must give way to another aircraft that is compelled to land. Penalty: 25 penalty units. (10) The pilot in command of an aircraft must comply with the rules in subregulations (1) to (8). Penalty: 25 penalty units. (11) An offence against subregulation (10) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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 Incorporated. (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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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'. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. (1C) An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (2) Subject to subregulation (4), the pilot in command of an aircraft must not fly the aircraft under the V.F.R. at night if, in addition to the equipment referred to in subregulation (1A), it is not also equipped with: (a) a landing light; (b) illumination for all instruments and equipment used by the flight crew, being instruments and equipment that are essential for the safe operation of the aircraft; (c) lights in all passenger compartments; (d) an electric torch for each crew member; and (e) such other equipment as CASA directs in the interests of safety. Penalty: 25 penalty units. (3) In respect of an aircraft that is not equipped as referred to in subregulation (1A), CASA may give permission, subject to such conditions (if any) as are specified in the permission, for the aircraft to be flown under the V.F.R. (4) In respect of an aircraft that is not equipped as referred to in subregulation (2), CASA may give permission, subject to such conditions (if any) as are specified in the permission, for the aircraft to be flown at night under the V.F.R. (5) The pilot in command of an aircraft must not fly the aircraft in contravention of a condition of a permission given under this regulation. Penalty: 25 penalty units. (6) An offence against subregulation (1A), (2) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 174D Navigation of aircraft on V.F.R. flight (1) CASA may issue instructions in relation to V.F.R. flights specifying: (a) the method by which an aircraft is to be navigated; or (b) how a positive position fix for an aircraft is to be obtained; or (c) how often a positive position fix is to be obtained. (2) Subject to subregulation (4), the pilot in command of an aircraft must not fly the aircraft under the V.F.R. if it is not equipped: (a) for navigation; and (b) to obtain positive position fixes; in accordance with instructions issued under subregulation (1). Penalty: 25 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been: (a) served on the person; or (b) published in NOTAMS or AIP. (3A) An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (4) CASA may give permission, subject to the conditions specified in the permission, for an aircraft to be flown under the V.F.R. if the aircraft is not equipped as required under subregulation (2). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. (1C) An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (2) Subject to subregulation (4), an aircraft shall not be flown under the Instrument Flight Rules by night, unless, in addition to the equipment referred to in subregulation (1A), it is equipped with: (a) 2 landing lights; (b) illumination for all instruments and equipment, used by the flight crew, that are essential for the safe operation of the aircraft; (c) lights in all passenger compartments; (d) an electric torch for each crew member; and (e) such other equipment as CASA requires in the interest of safety. (3) In respect of an aircraft that is not equipped as referred to in subregulation (1A), CASA may give permission, subject to such conditions (if any) as are specified in the permission, for the aircraft to be flown under the I.F.R. (4) In respect of an aircraft that is not equipped as referred to in subregulation (2), CASA may give permission, subject to such conditions (if any) as are specified in the permission, for the aircraft to be flown at night under the I.F.R. (5) The pilot in command of an aircraft to which subregulation (3) or (4) applies must not fly the aircraft in contravention of a condition specified in the permission. Penalty: 25 penalty units. (6) An offence against subregulation (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 179A Navigation of aircraft on I.F.R. flight (1) CASA may issue instructions in relation to I.F.R. flights specifying: (a) the method by which an aircraft is to be navigated; or (b) how a positive position fix for an aircraft is to be obtained; or (c) how often a positive position fix is to be obtained. (2) Subject to subregulation (4), the pilot in command of an aircraft must not fly the aircraft under the I.F.R. if it is not equipped: (a) for navigation; and (b) to obtain positive position fixes; in accordance with instructions issued under subregulation (1). Penalty: 25 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been: (a) served on the person; or (b) published in NOTAMS or AIP. (3A) An instruction under subregulation (1) that is not issued in the form of a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (4) CASA may give permission, subject to the conditions specified in the permission, for an aircraft to be flown under the I.F.R. if the aircraft is not equipped as required under subregulation (2). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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 13 --Signals for the control of air traffic CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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). CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 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. CIVIL AVIATION REGULATIONS 1988 - REG 203 Airships (1) CASA may give directions in writing specifying the lights that must be displayed in relation to an airship. (2) If CASA gives a direction under subregulation (1) to a person, the person must comply with the direction. Penalty: 25 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Part 14 --Air service operations CIVIL AVIATION REGULATIONS 1988 - REG 205 Additional conditions--Australian AOC with ANZA privileges (1) For paragraph 28B(1)(e) of the Act, it is a condition for the issue of an Australian AOC with ANZA privileges that CASA must be satisfied that each aeroplane that the applicant proposes to operate under the AOC for ANZA activities in New Zealand complies with the requirements mentioned in subregulation (3). (2) For paragraph 28BA(1)(b) of the Act, it is a condition of an Australian AOC with ANZA privileges that each aeroplane operated by the AOC holder under the AOC for ANZA activities in New Zealand must comply with the requirements mentioned in subregulation (3). (3) For subregulations (1) and (2), the requirements are that the aeroplane must: (a) either: (i) have a maximum take-off weight of more than 15 000 kg; or (ii) be permitted by its type certificate or foreign type certificate to have a passenger seating capacity of more than 30 seats; and (b) be registered in Australia or New Zealand. CIVIL AVIATION REGULATIONS 1988 - REG 206 Commercial purposes (Act, s 27(9)) (1) For the purposes of subsection 27(9) of the Act, the following commercial purposes are prescribed: (a) aerial work purposes, being purposes of the following kinds (except when carried out by means of a UAV): (i) aerial surveying; (ii) aerial spotting; (iii) agricultural operations; (iv) aerial photography; (v) advertising; (vi) balloon flying training (within the meaning of subregulation 5.01(1)) for the grant of a balloon flight crew licence or rating; (vii) ambulance functions; (viii) carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft (not being a carriage of goods in accordance with fixed schedules to and from fixed terminals); (ix) any other purpose that is substantially similar to any of those specified in subparagraphs (i) to (vii) (inclusive); (b) charter purposes, being purposes of the following kinds: (i) the carriage of passengers or cargo for hire or reward to or from any place, other than carriage in accordance with fixed schedules to and from fixed terminals or carriage for an operation mentioned in subregulation 262AM(7) or under a permission to fly in force under subregulation 317(1); (ii) the carriage, in accordance with fixed schedules to and from fixed terminals, of passengers or cargo or passengers and cargo in circumstances in which the accommodation in the aircraft is not available for use by persons generally; (c) the purpose of transporting persons generally, or transporting cargo for persons generally, for hire or reward in accordance with fixed schedules to and from fixed terminals over specific routes with or without intermediate stopping places between terminals. (1A) However, the commercial purposes prescribed by subregulation (1) do not include: (a) carrying passengers for hire or reward in accordance with subregulation 262AM(7); or (b) carrying out an activity under paragraph 262AM(2)(g) or 262AP(2)(d). CIVIL AVIATION REGULATIONS 1988 - REG 207 Requirements according to operations on which Australian aircraft used (1) A person must not use an Australian aircraft in a class of operation if CASA has not authorised and approved the particular type of aircraft for that use. Penalty: 50 penalty units. (2) A person must not use an Australian aircraft in a class of operation if the aircraft is not: (a) fitted with instruments; and (b) fitted with, or carrying, equipment, including emergency equipment; that CASA has approved and directed. Penalty: 50 penalty units. (3) Where CASA approves or directs that an instrument or item of equipment be fitted or carried on an aircraft, a person must fit, carry or use the instrument or item of equipment on the aircraft only in accordance with the directions (if any) of CASA. Penalty: 50 penalty units. (4) In giving an authorisation, approval or direction for the purposes of this regulation, CASA shall have regard only to the safety of air navigation. (5) An offence against subregulation (1), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 208 Number of operating crew (1) The operator of an Australian aircraft must ensure that the minimum operating crew of the aircraft is not less in number than that specified in the certificate of airworthiness of, or the flight manual for, the aircraft, and that it is supplemented by such additional operating crew members, having such qualifications, as CASA considers necessary and directs, having regard to the safety of air navigation. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 209 Private operations (1) The operator and the pilot in command of an aircraft engaged in private operations shall comply with the provisions of these Regulations and such additional conditions as CASA from time to time directs in the interest of safety. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 210A Flight time limitations (1) CASA may, in writing, give directions to a licence holder or an aircraft operator about any of the following: (a) the number of hours that a licence holder may fly in any period as a member of the flight crew of an aircraft; (b) the length of each tour of duty undertaken by a licence holder; (c) the length of reserve time for a licence holder; (d) the rest periods that must be taken by a licence holder; (e) the circumstances in which a licence holder must not: (i) fly as a member of the flight crew of an aircraft; or (ii) perform any other duty associated with his or her employment. (2) CASA may, in writing, give directions to an aircraft operator about the circumstances in which an operator must not require a licence holder: (a) to fly as a member of the flight crew of an aircraft; or (b) perform any other duty associated with the holder's employment. (3) A person commits an offence if: (a) CASA gives the person a direction under subregulation (1) or (2); and (b) the person does not comply with the direction. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. (5) In this regulation: " licence holder "means the holder of: (a) a flight crew licence, rating or endorsement; or (b) a certificate of validation; or (c) any of the following within the meaning of subregulation 5.01 (1): (i) a balloon class endorsement; (ii) a balloon flight crew rating; (iii) a CAR certificate of validation; (iv) a commercial (balloon) pilot licence; (v) a flight radiotelephone operator licence. " reserve time "means a period during which a flight crew member is required by an operator to hold himself or herself available for a tour of duty. " rest period "means a period of time during which a flight crew member is relieved by an operator of all duties associated with his or her employment. CIVIL AVIATION REGULATIONS 1988 - REG 210B Pilot in command under supervision (1) The operator of an aircraft commits an offence if: (a) the operator permits a person to pilot the aircraft as pilot in command under supervision; and (b) the person is not authorised under Part 61 to pilot the aircraft as pilot in command under supervision. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 211 Division 2 not to apply to New Zealand AOC holders with ANZA privileges This Division does not apply in relation to an aircraft operated under a New Zealand AOC with ANZA privileges. CIVIL AVIATION REGULATIONS 1988 - REG 212 Operator In this Division, operator means an operator engaging in commercial operations. CIVIL AVIATION REGULATIONS 1988 - REG 213 Organisation (1) An operator must provide an adequate organisation, including trained staff, together with workshop and other equipment and facilities in such quantities and at such places as CASA directs in order to ensure that airframes, engines, propellers, instruments, equipment and accessories are properly maintained at all times when they are in use. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 214 Training of maintenance personnel (1) An operator must ensure that provision is made for the proper and periodic instruction of all maintenance personnel, particularly in connection with the introduction into service of new equipment or equipment with which the maintenance personnel are not familiar, and the training programme shall be subject to the approval of CASA. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 215 Operations manual (1) An operator shall provide an operations manual for the use and guidance of the operations personnel of the operator. Penalty: 25 penalty units. (2) The operator must ensure that the operations manual contains such information, procedures and instructions with respect to the flight operations of all types of aircraft operated by the operator as are necessary to ensure the safe conduct of the flight operations (other than information, procedures or instructions that are set out in other documents required to be carried in the aircraft in pursuance of these Regulations). Penalty: 25 penalty units. (3) CASA may give a direction: (a) requiring the operator to include particular information, procedures and instructions in the operations manual; or (b) requiring the operator to revise or vary the information, procedures and instructions contained in the operations manual. (3A) An operator must not contravene a direction. Penalty: 25 penalty units. (4) A direction given under this regulation does not have effect in relation to a person until it has been served on the person. (5) The operator shall revise the operations manual from time to time where necessary as the result of changes in the operator's operations, aircraft or equipment, or in the light of experience. Penalty: 25 penalty units. (6) An operator shall furnish copies of the operations manual to such of his or her or its personnel as the operator considers necessary, to CASA and to such other persons associated with the operator's operations as CASA considers necessary and directs. Penalty: 25 penalty units. (7) The operator shall ensure that a copy of the manual is kept in a convenient and accessible place for use by all members of the operations personnel of the operator who have not been furnished with a copy in pursuance of subregulation (6). Penalty: 10 penalty units. (8) The operator shall ensure that all amendments to the operations manual made in accordance with this regulation are incorporated in all copies of the operations manual kept within the operator's organisation and that copies of those amendments are forwarded to all persons to whom copies of the operations manual have been furnished in accordance with this regulation. Penalty: 25 penalty units. (9) Each member of the operations personnel of an operator shall comply with all instructions contained in the operations manual in so far as they relate to his or her duties or activities. Penalty: 25 penalty units. (10) In this regulation, a reference to the operations personnel of an operator shall be read as including a reference to a person undergoing flight training with that operator. (11) An offence against subregulation (1), (2), (3A), (5), (6), (7), (8) or (9) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (12) It is a defence to a prosecution under subregulation (3A) if the defendant had a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subregulation (12) (see subsection 13.3(3) of the Criminal Code). CIVIL AVIATION REGULATIONS 1988 - REG 216 Flight time records (1) An operator must maintain current records of the individual flight times of the members of the operating crews employed by the operator. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 217 Training and checking organisation (1) An operator of a regular public transport service, an operator of any aircraft the maximum take-off weight of which exceeds 5,700 kilograms and any other operator that CASA specifies shall provide a training and checking organisation so as to ensure that members of the operator's operating crews maintain their competency. Penalty: 50 penalty units. (2) The operator must ensure that the training and checking organisation includes provision for the making in each calendar year, but not at intervals of less than four months, of two checks of a nature sufficient to test the competency of each member of the operator's operating crews. Penalty: 50 penalty units. (2A) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) The training and checking organisation and the tests and checks provided for therein shall be subject to the approval of CASA. (4) A pilot may conduct tests or checks for the purposes of an approved training and checking organisation without being the holder of a flight instructor rating. CIVIL AVIATION REGULATIONS 1988 - REG 218 Route qualifications of pilot in command of a regular public transport aircraft (1) A pilot is qualified to act in the capacity of pilot in command of an aircraft engaged in a regular public transport service if the pilot is qualified for the particular route to be flown in accordance with the following requirements: (a) the pilot shall have been certified as competent for the particular route by a pilot who is qualified for that route; (b) the pilot shall have made at least one trip over that route within the preceding 12 months as a pilot member of the operating crew of an aircraft engaged in any class of operation; (c) the pilot shall have an adequate knowledge of the route to be flown, the aerodromes which are to be used and the designated alternate aerodromes, including a knowledge of: (i) the terrain; (ii) the seasonal meteorological conditions; (iii) the meteorological, communication and air traffic facilities, services and procedures; (iv) the search and rescue procedures; and (v) the navigational facilities; associated with the route to be flown; (d) the pilot shall have demonstrated either in flight or by simulated means that he or she is proficient in the use of instrumental approach-to-land systems which he or she may utilise in operations on that route; and (e) the pilot possesses such other qualifications (if any) as CASA specifies in relation to that route having regard to any special difficulties of that route. (1A) A pilot must not act in the capacity of pilot in command of an aircraft engaged in a regular public transport service if the pilot is not qualified in accordance with subregulation (1). Penalty: 50 penalty units. (1B) An operator must not permit a pilot to act in the capacity of pilot in command of an aircraft engaged in a regular public transport service if the pilot is not qualified in accordance with subregulation (1). Penalty: 50 penalty units. (2) CASA may grant an exemption from the requirements specified in paragraphs (1)(a) and (b) subject to such conditions as CASA considers necessary in the interests of safety. (3) An operator shall maintain a record of the routes for which each of his or her pilots is qualified in accordance with this regulation. Penalty: 5 penalty units. (4) A person must not contravene a condition to which an exemption is subject. Penalty: 50 penalty units. (5) An offence against subregulation (1A), (1B), (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 219 Route qualifications of pilot in command of a charter aircraft (1) A pilot is qualified to act in the capacity of pilot in command of an aircraft employed in charter operations if the pilot is qualified for the particular route to be flown in accordance with the following requirements: (a) the pilot shall have an adequate knowledge of the route to be flown, the aerodromes which are to be used and the designated alternate aerodromes, including a knowledge of: (i) the terrain; (ii) the seasonal meteorological conditions; (iii) the meteorological, communication and air traffic facilities, services and procedures; (iv) the search and rescue procedures; and (v) the navigational facilities; associated with the route to be flown; (b) if the flight is to be conducted under the Instrument Flight Rules, the pilot shall have demonstrated either in flight or by simulated means that he or she is proficient in the use of instrument approach-to-land systems which he or she may utilise in operations on that route. (2) A pilot must not act in the capacity of pilot in command of an aircraft employed in charter operations if the pilot is not qualified in accordance with subregulation (1). Penalty: 50 penalty units. (3) An operator must not permit a pilot to act in the capacity of pilot in command of an aircraft employed in charter operations if the pilot is not qualified in accordance with subregulation (1). Penalty: 50 penalty units. (4) An offence against subregulation (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 220 Fuel instructions and records (1) An operator shall include in the operator's operations manual specific instructions for the computation of the quantities of fuel to be carried on each route, having regard to all the circumstances of the operations, including the possibility of failure of an engine en route. Penalty: 50 penalty units. (2) An operator shall maintain a record of the fuel remaining in the tanks at the end of each scheduled flight and shall review continuously the adequacy of the instructions in respect of the fuel to be carried in the light of that record, and shall make any such record available to CASA, upon request. Penalty: 25 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 221 Facilities and safety devices for public (1) An operator must provide such facilities and safety devices for the protection of the public at the aerodromes normally used by the operator as CASA considers adequate and directs. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 222 Proving tests (1) An aircraft of a new type shall not be used to carry passengers on a public transport service until it has completed proving tests under the supervision and in accordance with the requirements of CASA. (2) In the case of major changes to an aircraft previously in operation on public transport services or previously proved for such operations, or the use of such an aircraft in an operation different to that in which it was previously used, CASA may require the aircraft to undergo such proving tests as CASA considers necessary in the circumstances. (3) No persons other than those essential to the tests shall be carried in the aircraft during the tests required under subregulations (1) and (2), but mail or cargo may be carried with the permission of CASA. (4) The operator must not allow an aircraft that is required to undergo proving tests to be used to carry passengers on a public transport service, if the proving tests have not been passed in accordance with the requirements of CASA. Penalty: 50 penalty units. (5) An offence against subregulation (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 222A Division 3 not to apply to New Zealand AOC holders with ANZA privileges This Division does not apply in relation to an aircraft operated under a New Zealand AOC with ANZA privileges. CIVIL AVIATION REGULATIONS 1988 - REG 223 Operator to ensure employees and flight crew familiar with local laws and regulations (1) An operator of an Australian aircraft engaged in air navigation outside Australian territory shall ensure that: (a) his or her employees when abroad know that they must comply with the laws, regulations and procedures of the countries in which the aircraft is operated; (b) the pilots of the aircraft are familiar with the regulations and procedures for the time being in force in the area in which the aircraft is operated, and, in particular, with such of those regulations and procedures as relate to the aerodromes and air navigation facilities to be used by the aircraft; and (c) members of the flight crew, other than pilots, are familiar with such of the regulations and procedures of the countries in which the aircraft is operated as relate to the performance of their respective duties in the operation of the aircraft. Penalty: 25 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 224 Pilot in command (1) For each flight the operator shall designate one pilot to act as pilot in command. Penalty: 5 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) A pilot in command of an aircraft is responsible for: (a) the start, continuation, diversion and end of a flight by the aircraft; and (b) the operation and safety of the aircraft during flight time; and (c) the safety of persons and cargo carried on the aircraft; and (d) the conduct and safety of members of the crew on the aircraft. (2A) A pilot in command must discharge his or her responsibility under paragraph (2)(a) in accordance with: (a) any information, instructions or directions, relating to the start, continuation, diversion or end of a flight, that are made available, or issued, under the Act or these Regulations; and (b) if applicable, the operations manual provided by the operator of the aircraft. (3) The pilot in command shall have final authority as to the disposition of the aircraft while he or she is in command and for the maintenance of discipline by all persons on board. CIVIL AVIATION REGULATIONS 1988 - REG 224A Commercial operations carrying passengers--requirements if pilot in command 60 or more (1) The operator and pilot in command of an Australian aircraft each commit an offence if: (a) a flight of the aircraft is a commercial operation; and (b) a passenger is carried on the flight; and (c) the pilot in command of the aircraft is at least 60; and (d) the aircraft is an aircraft of a category mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(d), the aircraft categories are the following: (a) an aeroplane; (b) a helicopter; (c) a powered-lift aircraft; (d) a gyroplane; (e) an airship. (3) Subregulation (1) does not apply if: (a) the aircraft: (i) is fitted with fully functioning dual controls; and (ii) has a flight crew that includes a qualified pilot for the aircraft who is not the pilot in command; or (b) the pilot in command is successfully participating in an operator's training and checking system approved by CASA under regulation 217; or (c) if the pilot in command is less than 65--the pilot in command has met the requirement mentioned in subregulation (4) within one year before the day of the flight; or (d) if the pilot in command is at least 65--the pilot in command has met the requirement mentioned in subregulation (4) within 6 months before the day of the flight. Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code. (4) For paragraphs (3)(c) and (d), the requirement is that the pilot in command has successfully completed an operator proficiency check or flight review in an aircraft of the same category or an approved flight simulator for the category of aircraft . (5) An offence against this regulation is an offence of strict liability. (6) In this regulation: " approved flight simulator ": see regulation 61.010 of CASR. " category ", of aircraft : see regulation 61.010 of CASR. " qualified pilot ", for a flight of an aircraft, means the holder of an air transport or commercial pilot licence who: (a) is authorised under Part 61 of CASR to pilot the aircraft; and (b) either: (i) is less than 60; or (ii) meets the requirements of paragraph (3)(b), (c) or (d). CIVIL AVIATION REGULATIONS 1988 - REG 225 Pilots at controls (1) The pilot in command must ensure that 1 pilot is at the controls of an aircraft from the time at which the engine or engines is or are started prior to a flight until the engine or engines is or are stopped at the termination of a flight. Penalty: 50 penalty units. (2) When, in accordance with these Regulations, 2 or more pilots are required to be on board an aircraft, the pilot in command must ensure that 2 pilots remain at the controls at all times when the aircraft is taking off, landing and during turbulent conditions in flight. Penalty: 50 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 226 Dual controls (1) During flight, a person may occupy a control seat of an aircraft equipped with fully or partially functioning dual controls only if: (a) the person holds an appropriate pilot licence for the type of aircraft and the class of operations in which the aircraft is flown; or (b) the person is a student pilot assigned for instruction in the aircraft; or (c) the person is authorised by CASA. Penalty: 25 penalty units. (2) In authorising a person to occupy a control seat in pursuance of subregulation (1), CASA may grant the authority subject to such conditions as CASA considers necessary in the interests of safety. (3) A person authorised under paragraph (1)(b) must not contravene a condition subject to which the authority is granted. Penalty: 25 penalty units. (4) An offence against subregulation (1) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 227 Admission to crew compartment (1) A person may enter the crew compartment of an aircraft during flight only if: (a) the person is a member of the operating crew of the aircraft; or (b) the person is permitted by the pilot in command to enter that compartment. Penalty: 50 penalty units. (1A) A member of the operating crew of an aircraft may permit a person to enter, or remain in, the crew compartment of an aircraft during flight only if: (a) the person is a member of the operating crew of the aircraft; or (b) the person is permitted by the pilot in command to enter that compartment. Penalty: 50 penalty units. Note 1: Regulation 4.67E of the Aviation Transport Security Regulations 2005 sets out an offence if the pilot in command of a relevant aircraft permits a person to enter, or remain in, the cockpit of the aircraft and the person is not a person who meets the requirements of that regulation. Note 2: For the definition of relevant aircraft, see regulation 4.66 of the Aviation Transport Security Regulations 2005. (2) A person may occupy the pilot seat or other operating crew position in an aircraft, only if: (a) the person is a member of the operating crew who is duly assigned for duty in the aircraft and is licensed for the duties associated with that seat or position; or (b) the person is authorised to enter the crew compartment to conduct examinations, inspections or checks of the aircraft, its equipment, a member of the operating crew or the ground organisation provided for use by aircraft. Penalty: 50 penalty units. (3) The pilot in command of an aircraft shall admit an authorised person to the crew compartment and allow that person to occupy the seat or position appropriate for the performance of his or her duties if the pilot in command is not of the opinion that the person's admission to the crew compartment or occupation of that seat or position, as the case may be, would endanger the safety of the aircraft. Penalty: 10 penalty units. (4) Whenever the pilot in command has refused to permit an authorised person to enter the crew compartment or occupy the seat or position appropriate for the performance of his or her duties, the pilot in command shall, if so required by the authorised person, furnish a report in writing to CASA setting forth the reasons for his or her refusal. Penalty: 5 penalty units. (4A) An offence against subregulation (1), (1A), (2), (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (5) An authorised person must produce his or her identity card for inspection: (a) while acting as an authorised person; and (b) if asked to do so by the pilot in command of the aircraft. (6) Where an authorised person: (a) is acting as an authorised person; and (b) seeks admission, or is admitted, to the crew compartment of an aircraft; and (c) fails to produce his or her identity card for inspection when asked to do so; that person is not authorised to be admitted under that subregulation and, if that person has been admitted, he or she must leave the crew compartment immediately. CIVIL AVIATION REGULATIONS 1988 - REG 228 Unauthorised persons not to manipulate controls (1) A person commits an offence if: (a) the person manipulates the controls of a registered aircraft during flight; and (b) the person is not: (i) if the aircraft is a balloon--authorised under Part 5 to fly the balloon or perform an activity essential to the balloon's operation during flight time; or (ii) for an aircraft other than a balloon--authorised under Part 61 of CASR to pilot the 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. CIVIL AVIATION REGULATIONS 1988 - REG 228A Definition of qualified to taxi an aircraft For regulations 229 and 230, a person is qualified to taxi an aircraft if: (a) the person is authorised to taxi the aircraft under Part 61 or 64 of CASR; or (b) for a foreign registered aircraft--the person is authorised (however described) to taxi or fly the aircraft under the law of the aircraft's State of registry. CIVIL AVIATION REGULATIONS 1988 - REG 229 Operation of aircraft on ground--only qualified persons may taxi aircraft (1) A person commits an offence if: (a) the person taxis an aircraft; and (b) the person is not qualified to taxi the aircraft. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 230 Starting and running of engines (1) A person must not: (a) start the engine of an Australian aircraft; or (b) permit the engine of an Australian aircraft to be run; if it is not permitted by this regulation. Penalty: 25 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) The engine may be started or run while the aircraft is inside or outside Australian territory if the control seat is occupied by an approved person or by a person who is qualified to taxi the aircraft. (3) If the aircraft is an aeroplane that is having maintenance carried out on it, or that is being used for the provision of maintenance training, the engine may be started or run if the control seat is occupied: (a) whether the aircraft is inside or outside Australian territory--by a person who: (i) holds: (A) an aircraft engineer licence that permits him or her to perform maintenance certification for maintenance carried out on the engine; or (B) an airworthiness authority covering the maintenance; and (ii) has sufficient knowledge of the aircraft's controls and systems to ensure the starting or running does not endanger any person or damage the aircraft; or (b) if the aircraft is outside Australian territory--by a person who: (i) if the aircraft is in a Contracting State--may under the law of the Contracting State start or run engines of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires; or (ii) has qualifications that are recognised by CASA as adequate for the purpose of starting or running engines of aircraft of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires. (4) If the aircraft is a rotorcraft or airship that is having maintenance carried out on it, or that is being used for the provision of maintenance training, the engine may be started or run: (a) whether the aircraft is inside or outside Australian territory--by a person authorised, in writing, by CASA or an authorised person to start and run the engine in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires; or (b) if the aircraft is outside Australian territory--by a person who: (i) if the aircraft is in a Contracting State--may under the law of the Contracting State start or run engines of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires; or (ii) has qualifications that are recognised by CASA as adequate for the purpose of starting or running engines of aircraft of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires. (5) CASA may approve a person for the purposes of subregulation (2). (6) CASA or an authorised person may authorise a person for the purposes of paragraph (4)(a). (7) In this regulation: " maintenance training " means: (a) training for the purpose of obtaining a qualification to carry out maintenance on aircraft; or (b) maintenance training, within the meaning given by Part 3 of the CASR Dictionary. CIVIL AVIATION REGULATIONS 1988 - REG 231 Manipulation of propeller (1) In spite of regulations 225 and 230 and subregulation (2), the pilot in command of an aircraft which requires an operating crew of only one pilot may manipulate the propeller of the aircraft for the purposes of starting the aircraft if: (a) assistance is not readily available for that purpose; (b) adequate provision is made to prevent the aircraft moving forward; and (c) no person is on board the aircraft. (2) The registration holder, or operator, or the pilot in command, of an Australian aircraft must not permit a person to manipulate the propeller of the aircraft to start the engine if the registration holder, operator or pilot in command is not satisfied that the person who is to manipulate the propeller knows the correct starting procedures for the aircraft. Penalty: 25 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 232 Flight check system (1) The operator of an aircraft shall establish a flight check system for each type of aircraft, setting out the procedure to be followed by the pilot in command and other flight crew members prior to and on take-off, in flight, on landing and in emergency situations. Penalty: 25 penalty units. (2) A flight check system shall be subject to the prior approval of CASA, and CASA may at any time require the system to be revised in such manner as CASA specifies. (3) The pilot in command must ensure that the check lists of the procedures are carried in the aircraft and are located where they will be available instantly to the crew member concerned. Penalty: 10 penalty units. (4) The pilot in command shall ensure that the flight check system is carried out in detail. Penalty: 25 penalty units. (5) The operator of an aircraft must not allow the aircraft to be flown if the following requirements have not been satisfied: (a) the flight check system has been approved by CASA; (b) if CASA has required the system to be revised--the system has been revised in the manner specified by CASA. Penalty: 25 penalty units. (6) An offence against subregulation (1), (3), (4) or (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 232A Operational procedures in relation to computers (1) Where an aircraft is fitted with a computer for the provision of navigation or aircraft performance information to the flight crew or to an automatic pilot system, the operator of that aircraft shall establish in relation to that computer operational procedures in accordance with directions given by CASA in Civil Aviation Orders. (2) Without limiting the generality of subregulation (1), CASA may give directions in relation to any of the following matters: (a) the duties or functions of the operator, pilot in command or other flight crew member in relation to: (i) the operation of the computer; or (ii) the entry of data into, and verification of data in, the computer; (b) the qualifications of persons who: (i) operate the computer; or (ii) enter data into, or verify data in, the computer; (c) the notification to the personnel of an operator or to a pilot in command or other flight crew member of operational procedures relating to the computer; (d) the inclusion of the operational procedures in the operator's operations manual. (3) Where the operator of an aircraft has established operational procedures in relation to a computer under subregulation (1): (a) each member of the personnel of the operator; and (b) the pilot in command and other members of the flight crew of that aircraft; shall, in relation to that computer, comply with those operational procedures. (4) A direction given under this regulation shall not take effect until: (a) the twenty-eighth day after the day on which the direction is given; or (b) if a later day of effect is specified in the direction, that later day. CIVIL AVIATION REGULATIONS 1988 - REG 233 Responsibility of pilot in command before flight (1) The pilot in command of an aircraft must not commence a flight if he or she has not received evidence, and taken such action as is necessary to ensure, that: (a) the instruments and equipment required for the particular type of operation to be undertaken are installed in the aircraft and are functioning properly; (b) the gross weight of the aircraft does not exceed the limitations fixed by or under regulation 235 and is such that flight performance in accordance with the standards specified by CASA for the type of operation to be undertaken is possible under the prevailing conditions; and (c) any directions of CASA with respect to the loading of the aircraft given under regulation 235 have been complied with; (d) the fuel supplies are sufficient for the particular flight; (e) the required operating and other crew members are on board and in a fit state to perform their duties; (f) the air traffic control instructions have been complied with; (g) the aircraft is safe for flight in all respects; and (h) the aeronautical data and aeronautical information mentioned in subregulation (1A) is carried in the aircraft and is readily accessible to the flight crew. Penalty: 50 penalty units. (1A) For paragraph (1)(h), the aeronautical data and aeronautical information is the aeronautical data and aeronautical information: (a) that is applicable to the route to be flown and to any alternative route that may be flown on that flight; and (b) that is published: (i) in the AIP; or (ii) by a data service provider; or (iii) by the holder of an approval mentioned in regulation 202.961 or 202.962 of CASR. (2) The pilot in command of an aircraft engaged in international air navigation must not commence a flight if the pilot has not completed an approved flight preparation form certifying that the pilot is satisfied of the matters specified in subregulation (1). Penalty: 5 penalty units. (3) An operator must keep a completed flight preparation form for a period of 6 months. Penalty: 5 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 234 Fuel requirements (1) The pilot in command of an aircraft must not commence a flight within Australian territory, or to or from Australian territory, if he or she has not taken reasonable steps to ensure that the aircraft carries sufficient fuel and oil to enable the proposed flight to be undertaken in safety. Penalty: 50 penalty units. (2) An operator of an aircraft must take reasonable steps to ensure that an aircraft does not commence a flight as part of the operator's operations if the aircraft is not carrying sufficient fuel and oil to enable the proposed flight to be undertaken in safety. Penalty: 50 penalty units. (3) For the purposes of these Regulations, in determining whether fuel and oil carried on an aircraft in respect of a particular flight was sufficient within the meaning of subregulations (1) and (2), a court must, in addition to any other matters, take into account the following matters: (a) the distance to be travelled by the aircraft on the flight to reach the proposed destination; (b) the meteorological conditions in which the aircraft is, or may be required, to fly; (c) the possibility of: (i) a forced diversion to an alternative aerodrome; and (ii) a delay pending landing clearance; and (iii) air traffic control re-routing the flight after commencement of the flight; and (iv) a loss of pressurisation in the aircraft; and (v) where the aircraft is a multi-engined aircraft--an engine failure; (d) any guidelines issued from time to time by CASA for the purposes of this regulation. (4) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 235 Take-off and landing of aircraft etc (1) CASA may, for the purposes of these Regulations, give directions setting out the method of estimating, with respect to an aircraft at anytime: (a) the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time; and (b) the centre of gravity of the aircraft at that time. (2) CASA may, for the purpose of ensuring the safety of air navigation, give directions setting out the manner of determining, with respect to a proposed flight of an aircraft: (a) a maximum weight, being a weight less than the maximum take-off weight of the aircraft; or (b) a maximum weight, being a weight less than the maximum landing weight of the aircraft; that the gross weight of the aircraft at take-off or landing, as the case may be, is not to exceed. (2A) A person must not contravene a direction under subregulation (1) or (2). Penalty: 50 penalty units. (3) A manner of determining a maximum weight referred to in subregulation (2) shall be such as to take into account such of the following considerations as CASA considers appropriate: (a) the type of aircraft; (b) the kind of operations to be carried out during the flight; (c) the performance of the aircraft in configurations in which it is likely to be flown and with faults that are likely to occur; (d) the meteorological conditions at the aerodrome at which the aircraft is to take off or land; (e) the altitude of the aerodrome at which the aircraft is to take off or land; (f) the aerodrome dimensions in the direction in which the aircraft is to take off or land; (g) the material of which the surface of the aerodrome in the direction in which the aircraft is to take off or land is constituted and the condition and slope of that surface; (h) the presence of obstacles in the vicinity of the flight path along which the aircraft is to take off, approach or land; (i) the anticipated meteorological conditions over the intended route to be flown by the aircraft after take-off and over planned divergencies from that route; and (j) the altitude of the terrain along and on either side of the intended route to be flown by the aircraft after take-off and of planned divergencies from that route. (4) The pilot in command of an aircraft must not allow the aircraft to take off if its gross weight exceeds its maximum take-off weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the take-off, that lesser weight. Penalty: 50 penalty units. (5) The pilot in command of an aircraft must not allow the aircraft to take off if its gross weight exceeds, by more than the weight of fuel that would normally be used in flying to its next landing place or planned alternative aerodrome, its maximum landing weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the landing at that place or aerodrome, that lesser weight. Penalty: 50 penalty units. (6) The pilot in command of an aircraft, must not land the aircraft if its gross weight exceeds its maximum landing weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the landing, that lesser weight. Penalty: 50 penalty units. (7) CASA may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading of persons and goods (including fuel) on aircraft. (7A) A person must not contravene a direction under subregulation (7). Penalty: 50 penalty units. (8) The pilot in command of an aircraft must not allow the aircraft to take off or land if a direction given under this regulation, about the loading of the aircraft has not been complied with. Penalty: 50 penalty units. (9) The pilot in command must ensure that the load of an aircraft throughout a flight shall be so distributed that the centre of gravity of the aircraft falls within the limitations specified in its certificate of airworthiness or its flight manual. Penalty: 50 penalty units. (10) A direction given under this regulation does not have effect in relation to a person until it has been served on the person. (12) An offence against subregulation (2A), (4), (5), (6), (7A), (8) or (9) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (13) It is a defence to a prosecution under subregulation (6) if the landing was made in an emergency. Note: A defendant bears an evidential burden in relation to the matter in subregulation (13) (see subsection 13.3(3) of the Criminal Code). CIVIL AVIATION REGULATIONS 1988 - REG 235A Taking off from and landing on narrow runways--certain aeroplanes Application (1) This regulation applies to an aeroplane if: (a) the aeroplane takes off from, or lands on, a runway with a width of less than the ICAO minimum runway width for the aeroplane (a narrow runway); and (b) the aeroplane has a maximum certificated take-off weight of more than 5 700 kg; and (c) the aeroplane is being used to conduct a regular public transport operation or a charter operation; and (d) the aeroplane is of a type first type certificated in its country of manufacture on or after 1 March 1978. Offence for operator and pilot in command--flight manual (2) The operator of the aeroplane and the pilot in command each commit an offence if, when the take-off or landing is conducted, the aeroplane's flight manual does not provide for the operation of the aeroplane on a narrow runway. Penalty: 50 penalty units. Offence for operator--operator's operations manual (3) The operator of the aeroplane commits an offence if, when the take-off or landing is conducted, the operator's operations manual does not include operating limitations for taking off from, or landing on, a narrow runway that are at least as restrictive as the provisions of the aeroplane's flight manual that provide for the operation of the aeroplane on a narrow runway. Penalty: 50 penalty units. Offence for operator--operator's training and checking manual (4) The operator of the aeroplane commits an offence if, when the take-off or landing is conducted, the operator's training and checking manual does not state the training the operator requires the aeroplane's flight crew to have completed before conducting a take-off from, or a landing on, a narrow runway. Penalty: 50 penalty units. Offence for operator and pilot in command--flight crew training requirements (5) The operator and the pilot in command of the aeroplane each commit an offence if, when the take-off or landing is conducted, each member of the aeroplane's flight crew has not successfully completed the training mentioned in subregulation (4). Penalty: 50 penalty units. Strict liability (6) An offence against this regulation is an offence of strict liability. Definitions (7) In this regulation: " code letter ", for an aeroplane, means: (a) for an aeroplane with a wing span and an outer main gear wheel span mentioned in the same item in table 235A-1 (other than an aeroplane mentioned in paragraph (c))--the letter mentioned in column 3 of the item; or (b) for an aeroplane with a wing span and an outer main gear wheel span mentioned in different items in table 235A-1 (other than an aeroplane mentioned in paragraph (c))--the letter mentioned in column 3 of the item in the table with the higher number; or (c) for an aeroplane with a wing span mentioned in item 1, 2, 3 or 4 of table 235A-1 and an outer main gear wheel span that is at least 9 m but less than 14 m--D. Table 235A-1--Code letters Item Column 1 Wing span of aeroplane Column 2 Outer main gear wheel span of aeroplane Column 3 Code letter 1 less than 15 m less than 4.5 m A 2 at least 15 m but less than 24 m at least 4.5 m but less than 6 m B 3 at least 24 m but less than 36 m at least 6 m but less than 9 m C 4 at least 36 m but less than 52 m at least 9 m but less than 14 m D 5 at least 52 m but less than 65 m at least 9 m but less than 14 m E 6 at least 65 m but less than 80 m at least 14 m but less than 16 m F " code number ", for an aeroplane with a reference field length mentioned in column 1 of an item of table 235A-2, means the number mentioned in column 2 of the item. Table 235A-2--Code numbers Item Column 1 Reference field length Column 2 Code number 1 less than 800 m 1 2 at least 800 m but less than 1 200 m 2 3 at least 1 200 m but less than 1 800 m 3 4 at least 1 800 m 4 " contaminated ", for a runway: a runway is contaminated if more than 25% of the surface area required for take-off or landing is covered by any of the following: (a) water or slush more than 3 mm deep; (b) loose snow more than 20 mm deep; (c) compacted snow or ice. " dry ", for a runway: a runway is dry if the surface area required for a take-off or landing: (a) has no visible moisture; and (b) is not contaminated. " ICAO minimum runway width ", for an aeroplane, means the width shown in the cell of table 235A-3 that is the intersection of the aeroplane's code letter and code number. Table 235A-3--ICAO minimum runway width Code letter A B C D E F Code number 1 18 m 18 m 23 m - - - 2 23 m 23 m 30 m - - - 3 30 m 30 m 30 m 45 m - - 4 - - 45 m 45 m 45 m 60 m " maximum certificated take-off weight ", for an aeroplane, means the maximum take-off weight stated in the aeroplane's type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate. " reference field length ", for an aeroplane, means the shortest take-off distance required for a take-off by the aeroplane at its maximum certificated take-off weight: (a) on a runway that is level and dry; and (b) in still air; and (c) in International Standard Atmosphere conditions at sea level. " take-off distance required ", for an aeroplane, means the take-off distance for the aeroplane set out in the aeroplane's flight manual. CIVIL AVIATION REGULATIONS 1988 - REG 238 Icing conditions (1) The pilot in command of an aircraft must not allow the aircraft to take off for a flight during which the aircraft may fly into known or expected icing conditions, if the aircraft is not adequately equipped with either de-icing or anti-icing equipment of the type and quantities directed by CASA. Penalty: 25 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 239 Planning of flight by pilot in command (1) Before beginning a flight, the pilot in command shall study all available information appropriate to the intended operation, and, in the cases of flights away from the vicinity of an aerodrome and all I.F.R. flights, shall make a careful study of: (a) current weather reports and forecasts for the route to be followed and at aerodromes to be used; (b) the airways facilities available on the route to be followed and the condition of those facilities; (c) the condition of aerodromes to be used and their suitability for the aircraft to be used; and (d) the air traffic control rules and procedure appertaining to the particular flight; and the pilot shall plan the flight in relation to the information obtained. (2) When meteorological conditions at the aerodromes of intended landing are forecast to be less than the minima specified by CASA, the pilot in command shall make provision for an alternative course of action and shall arrange for the aircraft to carry the necessary additional fuel. Penalty: 25 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 240 Authority may issue instructions in relation to flight planning (1) CASA may, in relation to the planning of flights referred to in subregulation 239(1), issue instructions about: (a) the weather reports or forecasts to which a pilot in command must have regard in planning a flight; and (b) the circumstances in which a pilot in command must plan for an alternative course of action (including the use of alternate aerodromes); and (c) the information that the pilot in command must take into account in planning an alternative course of action including: (i) the range and timeliness of the available meteorological information about the aircraft's destination; and (ii) the type and number of radio navigation aids that must be available at the aircraft's destination; and (d) the conditions that an alternate aerodrome must meet before it can be used as an alternate aerodrome. (2) If an instruction under subregulation (1) is not issued in the form of a Civil Aviation Order, the instruction does not bind a person until it has been: (a) served on the person; or (b) published in NOTAMS or AIP. (3) CASA may give permission, subject to the conditions specified in the permission, for a pilot in command to plan a flight without having regard to an instruction under subregulation (1). CIVIL AVIATION REGULATIONS 1988 - REG 241 Flight plans--submission to air traffic control in certain cases (1) CASA may, by notice published in Aeronautical Information Publications, declare that flights included in specified classes of flights are flights in respect of which flight plans are required, in the interests of safety and to ensure compliance with the Convention, to be submitted to air traffic control. (2) Subject to subregulation (3), the pilot in command of an aircraft must not fly the aircraft on a flight included in a class of flights specified in a notice under subregulation (1) if a flight plan has not been submitted to air traffic control. Penalty: 5 penalty units. (3) CASA may, in a notice under subregulation (1), specify the circumstances in which, and the conditions subject to which, a flight included in a class of flights specified in the notice may be commenced and carried on before the flight plans for the flight are submitted to air traffic control and subregulation (2) does not apply to and in relation to the flight of an aircraft that has been commenced in those circumstances and so long as the conditions so specified are complied with. (4) The pilot in command of an aircraft that deviates from a flight as specified in the flight plan that has been submitted under this regulation shall report the fact as soon as possible to air traffic control. Penalty: 5 penalty units. (5) An offence against subregulation (2) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 242 Testing of radio apparatus (1) Before an aircraft is taxied on the manoeuvring area of an aerodrome for the purpose of moving to the take-off position, the pilot in command shall check that the radio apparatus fitted to the aircraft and to be used in flight is functioning correctly. Penalty: 25 penalty units. (2) If the check indicates any malfunctioning of any portion of the radio apparatus the pilot in command must not fly the aircraft until the apparatus has been certified by a person licensed or approved for the purpose as being in proper working order. Penalty: 25 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 243 Listening watch (1) When an aircraft is equipped with radio apparatus for use during flight, the pilot in command must maintain a listening watch, or must ensure that a listening watch is maintained, at all times commencing immediately prior to the time at which the aircraft commences to move on the manoeuvring area prior to flight and lasting until the aircraft is brought to a stop at the apron or other point of termination of the flight. Penalty: 25 penalty units. (2) Where the means of communication between air traffic control and an aircraft under its control is a voice communication channel, the pilot in command and any other pilot for the time being operating the controls of the aircraft shall personally maintain a listening watch on the appropriate radio frequency. Penalty: 25 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 244 Safety precautions before take-off (1) Immediately before taking-off on any flight, the pilot in command of an aircraft shall: (a) test the flight controls on the ground to the full limit of their travel and make such other tests as are necessary to ensure that those controls are functioning correctly; (b) ensure that locking and safety devices are removed and that hatches, doors and tank caps are secured; and (c) ensure that all external surfaces of the aircraft are completely free from frost and ice. Penalty: 50 penalty units. (2) CASA may give such directions as CASA considers necessary in the interests of safety in respect of the duties and responsibilities of the pilot in command and other persons for tests, checks and other precautions before the despatch of an aircraft on any flight. (3) A person must not contravene a direction. Penalty: 50 penalty units. (4) An offence against subregulation (1) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 245 Tests before and during the take-off run (1) CASA may give directions specifying the tests to be carried out by the pilot in command of an aircraft before the commencement of, and during, a take-off run in order to be satisfied that the engine and associated items of equipment are functioning correctly within the permissible limits of performance. (2) Before the commencement of, and during, a take-off run, the pilot in command of an aircraft shall: (a) carry out all tests required to be carried out in relation to the aircraft under subregulation (1); (b) test all flight instruments, and, in particular, all gyroscopic flight instruments, that it is possible to test so as to ensure that they are functioning correctly; (c) ensure that all gyroscopic flight instruments are correctly set and uncaged; and (d) perform such checks and tests as are required by the flight manual for, or the operations manual of, the aircraft. Penalty: 25 penalty units. (3) If an inspection, check or test made under subregulation (2) indicates any departure from the permissible limits or any malfunctioning in any particular (not being a departure or malfunctioning that is a permissible unserviceability), the pilot in command shall not commence the take-off or, if the pilot has commenced the take-off, shall abandon the take-off or take such other action as the pilot considers appropriate to ensure the safety of the aircraft and of persons on board the aircraft. Penalty: 50 penalty units. (4) An offence against subregulation (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 246 Movement on manoeuvring area (1) Immediately before take-off, the pilot in command shall manoeuvre the aircraft so that he or she is able to observe traffic on the manoeuvring area of the aerodrome and incoming and outgoing traffic, in order that he or she may avoid collision with other aircraft during the take-off. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 247 Meteorological conditions observed en route (1) The pilot in command shall report, in the approved form and at such times as requested by a meteorological observer, the meteorological conditions observed en route. Penalty: 5 penalty units. (2) When any meteorological condition, hazardous to flight, is encountered en route, the pilot in command shall report the condition as soon as possible, giving such details as appear pertinent to the safety of other aircraft. Penalty: 5 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 248 Reporting of defects (1) At the termination of each flight, or in any urgent case, during the currency of the flight, the pilot in command shall report, in the manner and to the persons specified by CASA, all defects in the aircraft, aerodromes, air routes, air route facilities or airway facilities which have come to the pilot's notice. Penalty: 10 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Where a defect in the aircraft is reported in accordance with subregulation (1), the operator of the aircraft shall take such action in relation thereto as is required under these Regulations. CIVIL AVIATION REGULATIONS 1988 - REG 248A Division 4 not to apply to New Zealand AOC holders with ANZA privileges This Division does not apply in relation to an aircraft operated under a New Zealand AOC with ANZA privileges. CIVIL AVIATION REGULATIONS 1988 - REG 249 Prohibition of carriage of passengers on certain flights (1) The pilot in command of an aircraft that carries a passenger must not engage in any of the following types of flying: (a) flying training given to a student pilot; (b) practice of emergency procedures in the aircraft; (c) low flying practice; (d) testing an aircraft or its components, power plant or equipment. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) An aircraft while engaged in flying of the type specified in paragraph (1)(d) may carry engineering and maintenance personnel who are required, as part of their duties, to be present in the aircraft during the flight for the purpose of flight observation or of maintenance of the aircraft, including any aircraft component installed in the aircraft. (4) For the purposes of this regulation, the categories of aircraft are as follows: (a) aeroplanes; (b) helicopters; (c) gyroplanes; (d) airships. CIVIL AVIATION REGULATIONS 1988 - REG 250 Carriage on wings, undercarriage etc (1) The operator of an aircraft must not permit a person to be carried on: (a) the wings or undercarriage of the aircraft; or (b) any part of the aircraft that is not designed for the accommodation of the crew or passengers; or (c) anything attached to the aircraft. Penalty: 50 penalty units. (1A) The pilot in command of an aircraft must not permit a person to be carried on: (a) the wings or undercarriage of the aircraft; or (b) any part of the aircraft that is not designed for the accommodation of the crew or passengers; or (c) anything attached to the aircraft. Penalty: 50 penalty units. (1B) Subregulations (1) and (1A) do not apply to prevent a member of the crew having temporary access to: (a) any part of the aircraft for the purpose of executing repairs or adjustments to the aircraft or its equipment, or doing anything that may be necessary for the safety of the aircraft or any persons or cargo carried in the aircraft; or (b) any part of the aircraft in which goods or stores are being carried and to which proper means of access is provided. (2) A person may, with the permission of CASA given in respect of: (a) a particular flight; (b) flights of a particular kind; or (c) flights included in a series of flights; be carried, during a flight in respect of which the permission is given, on or in a part of an aircraft that is not designed for the accommodation of the crew or passengers, or on or in anything attached to an aircraft. (3) CASA may, when granting a permission referred to in subregulation (2), specify conditions subject to which a person may be carried. (4) A person must not contravene a condition to which a permission is subject. Penalty: 50 penalty units. (5) An offence against subregulation (1), (1A) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (6) It is a defence to a prosecution under subregulation (1) or (1A) if the person had CASA's permission under subregulation (2). Note: A defendant bears an evidential burden in relation to the matter in subregulation (6) (see subsection 13.3(3) of the Criminal Code). CIVIL AVIATION REGULATIONS 1988 - REG 251 Seat belts and safety harness (1) Subject to this regulation, seat belts shall be worn by all crew members and passengers: (a) during take-off and landing; (b) during an instrument approach; (c) when the aircraft is flying at a height of less than 1,000 feet above the terrain; and (d) at all times in turbulent conditions. Penalty: 10 penalty units. (2) Subregulation (1) does not apply in relation to an authorised officer of CASA undertaking examinations, inspections or checks of the work of an aircraft's crew or the operation of an aircraft or its equipment under regulation 262. (3) CASA may direct that a type of safety harness specified in the direction shall be worn in place of a seat belt in the circumstances set out in the direction. (4) The pilot in command shall ensure that a seat belt or safety harness is worn at all times during flight by at least one of the pilot crew members. Penalty: 25 penalty units. (5) Subject to subregulation (6), the operator of an aircraft shall detail a member of the crew to ensure that a seat belt or safety harness is worn by each occupant of the aircraft during the times specified in subregulation (1) and to ensure that each belt or harness is adjusted to fit the wearer without slack. Penalty: 10 penalty units. (6) CASA may, for the purpose of ensuring the safety of air navigation, give directions requiring the owner or operator of an aircraft to install in the aircraft an approved communications system to enable the pilot in command to notify passengers when a seat belt or safety harness is to be worn. (6A) A person must not contravene a direction. Penalty: 10 penalty units. (7) A direction given under this regulation does not have effect in relation to a person until it has been served on the person. (8) An offence against subregulation (1), (4), (5) or (6A) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (9) It is a defence to a prosecution under paragraph (1)(c) if CASA directed that seat belts need not be worn in that circumstance. Note: A defendant bears an evidential burden in relation to the matter in subregulation (9) (see subsection 13.3(3) of the Criminal Code). CIVIL AVIATION REGULATIONS 1988 - REG 252 Provision of emergency systems etc (1) CASA may give directions with respect to the provision in Australian aircraft of such emergency systems and equipment, and such life-saving equipment, as CASA considers necessary to safeguard the aircraft and persons on board the aircraft. (1A) A person must not contravene a direction. Penalty: 50 penalty units. (1B) An offence against subregulation (1A) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) In giving a direction under subregulation (1), CASA shall have regard to the type of operation in which the aircraft is to be used. (3) A direction given under this regulation does not have effect in relation to a person until it has been served on the person. CIVIL AVIATION REGULATIONS 1988 - REG 252A Emergency locator transmitters (1) The pilot in command of an Australian aircraft that is not an exempted aircraft may begin a flight only if the aircraft: (a) is fitted with an approved ELT: (i) that is in working order; and (ii) whose switch is set to the position marked 'armed', if that switch has a position so marked; or (b) carries, in a place readily accessible to the operating crew, an approved portable ELT that is in working order. Penalty: 25 penalty units. Note: For the maintenance requirements for emergency locator transmitters, see Part 4A. See also subsection 20AA(4) of the Act. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Subregulation (1) does not apply in relation to a flight by an Australian aircraft if: (a) the flight is to take place wholly within a radius of 50 miles from the aerodrome reference point of the aerodrome from which the flight is to begin; or (b) the flight is, or is incidental to, an agricultural operation; or (c) CASA has given permission for the flight under regulation 21.197 of CASR; or (d) the aircraft is new and the flight is for a purpose associated with its manufacture, preparation or delivery; or (e) the flight is for the purpose of moving the aircraft to a place to have an approved ELT fitted to the aircraft, or to have an approved ELT that is fitted to it repaired, removed or overhauled. (3) Subregulation (1) does not apply in relation to a flight by an Australian aircraft if, when the flight takes place: (a) an approved ELT fitted to the aircraft, or an approved portable ELT usually carried in the aircraft, has been temporarily removed for inspection, repair, modification or replacement; and (b) an entry has been made in the aircraft's log book, or approved alternative maintenance record, stating: (i) the ELT's make, model and serial number; and (ii) the date on which it was removed; and (iii) the reason for removing it; and (c) a placard stating 'ELT not installed or carried' has been placed in the aircraft in a position where it can be seen by the aircraft's pilot; and (d) not more than 90 days have passed since the ELT was removed. (4) For an emergency locator transmitter, emergency position indicating radio beacon or personal locator beacon to be an eligible ELT, it must meet the following requirements: (a) it must, if activated, operate simultaneously: (i) in the frequency band 406 MHz-406.1 MHz; and (ii) on 121.5 MHz; (b) it must be registered with the Australian Maritime Safety Authority; (c) if it is fitted with a lithium-sulphur dioxide battery--the battery must be of a type authorised by the FAA in accordance with TSO-C142 or TSO-C142a. (5) To be an approved ELT, an eligible ELT must meet the following requirements: (a) it must be automatically activated on impact; (b) it must be of one of the following types: (i) a type authorised by the FAA in accordance with: (A) TSO-C91a for operation on 121.5 MHz; and (B) TSO-C126 for operation in the frequency band 406 MHz-406.1 MHz; (ii) a type that CASA is satisfied: (A) is operationally equivalent to a type mentioned in subparagraph (i); and (B) performs at a level that is at least equivalent to the level of performance of a type mentioned in subparagraph (i). (6) To be an approved portable ELT, an eligible ELT must meet the following requirements: (a) it must be portable; (b) it must be of one of the following types: (i) an emergency position indicating radio beacon of a type that meets the requirements of AS/NZS 4280.1:2003; (ii) a personal locator beacon of a type that meets the requirements of AS/NZS 4280.2:2003; (iii) a type authorised by the FAA in accordance with: (A) TSO-C91a for operation on 121.5 MHz; and (B) TSO-C126 for operation in the frequency band 406 MHz-406.1 MHz; (iv) a type that CASA is satisfied: (A) is operationally equivalent to a type mentioned in subparagraph (i), (ii) or (iii); and (B) performs at a level that is at least equivalent to the level of performance of a type mentioned in subparagraph (i), (ii) or (iii). (7) In this regulation: " approved ELT " means an eligible ELT that meets the requirements mentioned in subregulation (5). " approved portable ELT " means an eligible ELT that meets the requirements mentioned in subregulation (6). AS/NZS 4280.1:2003 means: (a) the standard AS/NZS 4280.1:2003, 406 MHz satellite distress beacons, Part 1: Marine emergency position-indicating radio beacons (EPIRB) (IEC 61097-2:2002, MOD), as in force from time to time; or (b) a later edition of the standard mentioned in paragraph (a), as in force from time to time. AS/NZS 4280.2:2003 means: (a) the standard AS/NZS 4280.2:2003, 406 MHz satellite distress beacons, Part 2: Personal locator beacons (PLBs), as in force from time to time; or (b) a later edition of the standard mentioned in paragraph (a), as in force from time to time. " eligible ELT "means an emergency locator transmitter, emergency position indicating radio beacon or personal locator beacon that meets the requirements mentioned in subregulation (4). " exempted aircraft " means: (a) a high-capacity regular public transport aircraft; or (b) a high-capacity charter aircraft; or (c) a single seat aircraft; or (d) a turbojet-powered aircraft; or (e) a balloon; or (f) an airship; or (g) a glider. " high-capacity ", in relation to an aircraft, means permitted, by the aircraft's certificate of type approval: (a) to have a maximum seating capacity of more than 38 seats; or (b) to carry a maximum payload of more than 4,200 kilograms. " single seat aircraft " means an aircraft that is equipped to carry only one person. (8) In this regulation, a reference to a particular TSO is a reference to: (a) the particular TSO, as in force from time to time; or (b) a later version of the particular TSO, as in force from time to time. CIVIL AVIATION REGULATIONS 1988 - REG 253 Emergency and life-saving equipment (1) An operator shall not assign a person to act as a crew member of an aircraft, and a person shall not act as a crew member of an aircraft, unless the person is competent in the use of the emergency and life-saving equipment carried in the aircraft. (2) An operator shall ensure that crew members are periodically tested as to competency in the use of the emergency and life-saving equipment carried in the aircraft to which they are assigned. (3) The operator of an aircraft which is used in over-water flights shall ensure that each crew member is instructed in ditching and abandon ship procedures in so far as is practicable and that he or she is periodically tested as to his or her knowledge of those procedures. (4) The operator of an aircraft shall detail a crew member to ensure that passengers are made familiar with the location of emergency exits in the aircraft in which they are travelling and the location and use of emergency equipment carried in the aircraft. (5) The training and testing of crew members and the familiarization of passengers as required under the provisions of this regulation shall be carried out in such manner as CASA specifies to be satisfactory. (6) CASA may issue directions as to the carriage in aircraft, and the use in such circumstances and subject to such conditions as CASA specifies, of medicinal preparations and drugs, including morphine and compounds of morphine or other opium alkaloids. (6A) A person must not contravene a direction. Penalty: 10 penalty units. (6B) An offence against subregulation (6A) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (7) Any medicinal preparations or drugs may be carried and used in aircraft in accordance with a direction given by CASA in pursuance of subregulation (6) without any licence, authority or other permission prescribed or required by or under the law of a State or Territory of the Commonwealth. CIVIL AVIATION REGULATIONS 1988 - REG 254 Exits and passageways not to be obstructed (1) Unless CASA otherwise approves, this regulation applies to all passageways and exits in an aircraft that are for use by passengers or crew. (2) When an aircraft is in flight, the pilot in command must ensure that all passageways and exits to which this regulation applies are kept free from obstruction. Penalty: 10 penalty units. (3) When an aircraft is in flight, the pilot in command must ensure that all exits to which this regulation applies are fastened in a way that permits their immediate use in an emergency. Penalty: 25 penalty units. (4) An offence against subregulation (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 255 Smoking in aircraft (1) Subject to subregulation (1A), a person must not smoke: (a) in a part of an aircraft in which a notice is permanently displayed indicating that smoking is prohibited at all times or without specifying a period during which smoking is prohibited; (b) anywhere in an aircraft during take-off, landing or refuelling or during a period: (i) in which a notice is temporarily displayed indicating that smoking is prohibited; or (ii) which is specified in a permanently displayed notice as a period during which smoking is prohibited; or (c) in a berth of a sleeper aircraft. Penalty: 5 penalty units. (1A) A person must not smoke in an aircraft toilet. Penalty: 50 penalty units. (2) The owner or operator of an aircraft and the pilot in command shall ensure: (a) that provision is made in the aircraft by which a notice indicating that smoking is prohibited may be displayed during the periods when smoking is prohibited or, where the permission of CASA has been obtained, that a notice is permanently displayed in the aircraft specifying the periods during which smoking is prohibited; and (b) that a notice indicating that smoking is prohibited at all times or without specifying a period during which smoking is prohibited is displayed: (i) in such parts of the aircraft as are specified for the purpose in the aircraft's certificate of airworthiness or flight manual; and (ii) in the case of a sleeper aircraft, in each of the berths of the aircraft. Penalty: 25 penalty units. (3) The pilot in command of an aircraft must, if the permission of CASA has not been obtained under paragraph (2)(a) for the display of a permanent notice, ensure that the notice indicating that smoking is prohibited is displayed: (a) during take-off, landing and refuelling; (b) during such periods as are specified for the purpose in the aircraft's certificate of airworthiness or flight manual; and (c) during a period in which the pilot considers that smoking should be prohibited in the interests of safety. Penalty: 25 penalty units. (3A) An offence against subregulation (1), (1A), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) A notice required to be displayed in pursuance of this regulation shall be legible and shall be displayed in a conspicuous place. CIVIL AVIATION REGULATIONS 1988 - REG 256 Intoxicated persons not to act as pilots etc or be carried on aircraft (1) A person shall not, while in a state of intoxication, enter any aircraft. Penalty: 5 penalty units. (2) A person acting as a member of the operating crew of an aircraft, or carried in the aircraft to act as a member of the operating crew, shall not, while so acting or carried, be in a state in which, by reason of his or her having consumed, used, or absorbed any alcoholic liquor, drug, pharmaceutical or medicinal preparation or other substance, his or her capacity so to act is impaired. Penalty: 50 penalty units. (3) A person shall not act as, or perform any duties or functions preparatory to acting as, a member of the operating crew of an aircraft if the person has, during the period of 8 hours immediately preceding the departure of the aircraft consumed any alcoholic liquor. Penalty: 50 penalty units. (4) A person who is on board an aircraft as a member of the operating crew, or as a person carried in the aircraft for the purpose of acting as a member of the operating crew, shall not consume any alcoholic liquor. Penalty: 50 penalty units. (5) A person shall not, while acting in any capacity in either air traffic control or Flight Service, be in a state in which, by reason of his or her having consumed, used, or absorbed any alcoholic liquor, drug, pharmaceutical or medicinal preparation or other substance, his or her capacity so to act is impaired. Penalty: 50 penalty units. (6) A person shall not act in any capacity in either air traffic control or Flight Service if the person has, during the period of 8 hours immediately preceding the commencement of the period of duty in which he or she so acts, consumed any alcoholic liquor. Penalty: 50 penalty units. (7) A person who is on duty in either air traffic control or Flight Service shall not consume any alcoholic liquor. Penalty for a contravention of this subregulation: 50 penalty units. (8) An offence against subregulation (1), (2), (3), (4), (5), (6) or (7) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 256AA Offensive and disorderly behaviour (1) A person in an aircraft must not behave in an offensive and disorderly manner. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 256A Carriage of animals (1) Subject to subregulation (8), the operator of an aircraft may permit a live animal to be in the aircraft only if: (a) the animal is in a container and is carried in accordance with this regulation; or (b) the animal is carried with the written permission of CASA and in accordance with any conditions specified in the permission. Penalty: 25 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Subregulation (1) does not apply to a dog accompanying a visually impaired or hearing impaired person as a guide or an assistant if the dog is: (a) carried in the passenger cabin of the aircraft; and (b) placed on a moisture-absorbent mat as near to the person as practicable; and (c) restrained in a way that will prevent the dog from moving from the mat. (3) More than one animal must not be kept in the same container if doing so would be likely to affect adversely the safety of the aircraft. (4) A container must be so constructed that: (a) an animal kept in the container cannot escape from the container; and (b) any water or excreta in the container is not likely to escape from the container in normal flying conditions; and (c) the container will withstand being damaged in a way that may allow an animal, or water or excreta, in the container to escape. (5) A container in which an animal is kept must not be in the passenger cabin of an aircraft. (6) If: (a) an animal is carried in an aircraft in a container; and (b) if the animal is not restrained it could move around inside the container in a way that may alter the distribution of the load of the aircraft; and (c) the safety of the aircraft may be affected adversely by that movement; the animal must be restrained in the container to prevent that movement. (7) The means of restraint must be strong enough to withstand being damaged in a way that may allow the animal to escape. (8) An animal must not be carried on an aircraft if carrying the animal would be likely to affect a person on the aircraft in a way that may affect adversely the safety of the aircraft. (9) In this regulation, animal means any member of the animal kingdom other than man. CIVIL AVIATION REGULATIONS 1988 - REG 257 Aerodrome meteorological minima (1) CASA may, in respect of an aircraft operation, determine the meteorological minima for the landing or taking-off of an aircraft at an aerodrome. (2) A determination under subregulation (1) must be published in AIP or NOTAMS. (3) If an element of the meteorological minima for the take-off of an aircraft at an aerodrome is less than that determined for the aircraft operation at the aerodrome, the aircraft must not take-off from that aerodrome. Penalty: 50 penalty units. (4) If an element of the meteorological minima for the landing of an aircraft at an aerodrome is less than that determined for the aircraft operation at the aerodrome, the aircraft must not land at that aerodrome. Penalty: 50 penalty units. (4A) An offence against subregulation (3) or (4) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (5) Subregulation (4) does not apply if an emergency arises that, in the interests of safety, makes it necessary for an aircraft to land at an aerodrome where the meteorological minima is less than that determined for that aircraft operation at that aerodrome. (6) This regulation does not prevent a pilot from: (a) making an approach for the purpose of landing at an aerodrome; or (b) continuing to fly towards an aerodrome of intended landing specified in the flight plan; if the pilot believes, on reasonable grounds, that the meteorological minima determined for that aerodrome will be at, or above, the meteorological minima determined for the aerodrome at the time of arrival at that aerodrome. CIVIL AVIATION REGULATIONS 1988 - REG 258 Flights over water (1) The pilot in command of the aircraft must not fly over water at a distance from land greater than the distance from which the aircraft could reach land if the engine, or, in the case of a multi-engined aircraft, the critical engine (being the engine the non-operation of which when the other engines are in operation gives the highest minimum speed at which the aircraft can be controlled) were inoperative. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) It is a defence to a prosecution under subregulation (1) if the flight was: (a) in accordance with directions issued by CASA; or (b) in the course of departing from or landing at an aerodrome in accordance with a normal navigational procedure for departing from or landing at that aerodrome. Note: A defendant bears an evidential burden in relation to the matters in subregulation (3) (see subsection 13.3(3) of the Criminal Code). CIVIL AVIATION REGULATIONS 1988 - REG 259 Manned free balloons (1) A person must not fly a free balloon if the person does not have the express permission of CASA and then only in accordance with the terms of that permission. Penalty: 10 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) This regulation does not apply to an unmanned free balloon to which Part 101 of CASR applies. CIVIL AVIATION REGULATIONS 1988 - REG 260 Manned fixed balloons and kites (1) Despite regulation 157, a person may fly a fixed balloon or kite at a height not exceeding 300 feet. (2) A person must not fly a fixed balloon or kite within 4 000 metres of an aerodrome or at a height of more than 300 feet if the following requirements are not satisfied: (a) the person has CASA's permission to fly the balloon or kite at that height; (b) the flight is in accordance with the terms of that permission. Penalty: 10 penalty units. (3) A person flying a fixed balloon or kite must fly it in V.M.C. Penalty: 10 penalty units. (4) An offence against subregulation (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (5) This regulation does not apply to an unmanned fixed balloon or kite to which Part 101 of CASR applies. CIVIL AVIATION REGULATIONS 1988 - REG 262 Carriage of examiners (1) CASA may authorise officers of CASA to undertake examinations, inspections or checks of the work of an aircraft's crew, the operation of an aircraft or its equipment or of the ground organisation provided by the operator of an aircraft for use by aircraft. (2) An operator must provide an authorised officer with accommodation on aircraft in the following circumstances: (a) on receipt of 7 days' notice prior to a flight from the officer of his or her intention to travel on that flight; (b) on immediate demand from the officer of his or her intention to travel, if his or her carriage in the aircraft does not mean the off-loading of a passenger or of cargo being carried in the aircraft on the particular flight concerned; (c) on immediate demand from the officer of his or her intention to travel irrespective of whether his or her carriage in the aircraft means the off-loading of a passenger or of goods, if the officer considers the circumstances of the case so warrant. Penalty: 10 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) In every case where the carriage of an officer in the circumstances specified in paragraph (2)(a) or (c) entails a loss of revenue to the owner of the aircraft due to the necessity of providing accommodation which would otherwise have been used for the carriage of a paying passenger or of cargo for which freight would have been charged, the owner shall be paid an amount equivalent to the loss of revenue. CIVIL AVIATION REGULATIONS 1988 - REG 262AA Definitions for Division 5 In this Division: " ACAS " means an airborne collision avoidance system for an aircraft that is used to provide information to a pilot of the aircraft for avoiding a collision with another aircraft. " approved TCAS " means an approved TCAS II or TCAS II Version 7.1. " approved TCAS II " means a TCAS that complies with TSO-C119b or EASA CS ETSO-C119b. approved TCAS II Version 7.1 means a TCAS that complies with TSO-C119c or EASA CS ETSO-C119c. " resolution advisory " means information that: (a) is provided to a pilot of an aircraft by a TCAS that is fitted to the aircraft; and (b) is about a manoeuvre for averting a collision with another aircraft that the TCAS recognises as a threat. " TCAS " means a type of ACAS that: (a) interrogates, and receives replies from, a secondary surveillance radar transponder; and (b) uses those replies to provide: (i) resolution advisories in the vertical plane; or (ii) traffic advisories. " traffic advisory " means information that: (a) is provided to a pilot of an aircraft by a TCAS that is fitted to the aircraft; and (b) is about another aircraft that the TCAS recognises as a threat. " turbine-powered commercial aeroplane " means an aeroplane that: (a) is propelled by turbojet, turbofan or turboprop engines; and (b) is being used to conduct a public transport service. CIVIL AVIATION REGULATIONS 1988 - REG 262AB Application of Subdivision 2 This Subdivision applies to an Australian aircraft that is a turbine-powered commercial aeroplane. CIVIL AVIATION REGULATIONS 1988 - REG 262AC ACAS requirements--larger capacity aeroplanes: flights before 1 January 2014 (1) This regulation applies to a flight of an aeroplane if: (a) the aeroplane: (i) has a maximum take-off weight of more than 15 000 kg; or (ii) is permitted by its type certificate or foreign type certificate to have a passenger seating capacity of more than 30 seats; and (b) the flight is conducted before 1 January 2014. (2) The pilot in command of the aeroplane commits an offence if, when the aeroplane begins the flight: (a) the aeroplane is not fitted with an approved TCAS that is serviceable; and (b) the flight is not permitted under subregulation (3) or (4). Penalty: 25 penalty units. (3) For paragraph (2)(b), the flight is permitted if the purpose of the flight is to move the aeroplane to a place to fit the aeroplane with an approved TCAS II Version 7.1. (4) For paragraph (2)(b), the flight is permitted if: (a) the aeroplane is fitted with an approved TCAS that is unserviceable; and (b) either: (i) the purpose of the flight is to move the aeroplane to a place to repair, remove or overhaul the TCAS; or (ii) when the aeroplane begins the flight, the approved TCAS fitted to the aeroplane being unserviceable is a permissible unserviceability for the aeroplane. (5) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 262AD ACAS requirements--larger capacity aeroplanes: flights on or after 1 January 2014 (1) This regulation applies to a flight of an aeroplane if: (a) the aeroplane: (i) has a maximum take-off weight of more than 15 000 kg; or (ii) is permitted by its type certificate or foreign type certificate to have a passenger seating capacity of more than 30 seats; and (b) the flight is conducted on or after 1 January 2014. (2) The pilot in command commits an offence if, when the aeroplane begins the flight: (a) the aeroplane is not fitted with an approved TCAS II Version 7.1 that is serviceable; and (b) the flight is not permitted under subregulation (3), (4), or (5). Penalty: 25 penalty units. (3) For paragraph (2)(b), the flight is permitted if: (a) the aeroplane is fitted with an approved TCAS II that was fitted before 1 January 2014; and (b) that TCAS is serviceable. (4) For paragraph (2)(b), the flight is permitted if: (a) the aeroplane is fitted with an approved TCAS II that: (i) was fitted before 1 January 2014; and (ii) is not serviceable; and (b) one of the following circumstances applies: (i) the purpose of the flight is to move the aeroplane to a place to fit it with an approved TCAS II Version 7.1; (ii) the purpose of the flight is to move the aeroplane to a place to repair or overhaul the approved TCAS II; (iii) when the aeroplane begins the flight, the approved TCAS II fitted to the aeroplane being unserviceable is a permissible unserviceability for the aeroplane. (5) For paragraph (2)(b), the flight is permitted if: (a) the aeroplane is fitted with an approved TCAS II Version 7.1 that is unserviceable; and (b) either: (i) the purpose of the flight is to move the aeroplane to a place to repair, remove or overhaul the TCAS; or (ii) when the aeroplane begins the flight, the TCAS II Version 7.1 fitted to the aeroplane being unserviceable is a permissible unserviceability for the aeroplane. (6) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 262AE ACAS requirements--certain new aeroplanes first registered on or after 1 January 2014 (1) This regulation applies to an aeroplane if: (a) the aeroplane: (i) has a maximum take-off weight of more than 5 700 kg but less than 15 000 kg; or (ii) is permitted by its type certificate or foreign type certificate to have a passenger seating capacity of more than 19 but less than 31; and (b) on or after 1 January 2014, the aeroplane is first registered in Australia. (2) The pilot in command of the aeroplane commits an offence if, when the aeroplane begins a flight: (a) the aeroplane is not fitted with an approved TCAS II Version 7.1 that is serviceable; and (b) the flight is not permitted under subregulation (3) or (4). Penalty: 25 penalty units. (3) For paragraph (2)(b), the flight is permitted if the purpose of the flight is to move the aeroplane to a place to fit the aeroplane with an approved TCAS II Version 7.1. (4) For paragraph (2)(b), the flight is permitted if: (a) the aeroplane is fitted with an approved TCAS II Version 7.1 that is unserviceable; and (b) either: (i) the purpose of the flight is to move the aeroplane to a place to repair, remove or overhaul the TCAS; or (ii) when the aeroplane begins the flight, the approved TCAS fitted to the aeroplane being unserviceable is a permissible unserviceability for the aeroplane. (5) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 262AF Serviceable ACAS must be activated during flight (1) This regulation applies to an aeroplane if the aeroplane: (a) either: (i) has a maximum take-off weight of more than 5 700 kg; or (ii) is permitted by its type certificate or foreign type certificate to have a passenger seating capacity of more than 19; and (b) is fitted with an approved TCAS that is serviceable. (2) The pilot in command of the aeroplane commits an offence if the approved TCAS is not activated during a flight. Penalty: 25 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 262AG Reporting unserviceable ACAS during flight (1) This regulation applies to an aeroplane if the aeroplane: (a) either: (i) has a maximum take-off weight of more than 5 700 kg; or (ii) is permitted by its type certificate or foreign type certificate to have a passenger seating capacity of more than 19; and (b) is fitted with an approved TCAS that becomes unserviceable during a flight in, or into, Australian territory. (2) The pilot in command of the aeroplane commits an offence if the pilot in command does not tell air traffic control of the unserviceability: (a) if the aeroplane is in controlled airspace--as soon as practicable after the approved TCAS becomes unserviceable; or (b) if the aeroplane is not in controlled airspace--before entering controlled airspace. Penalty: 5 penalty units. (3) Strict liability applies to paragraph (2)(b). CIVIL AVIATION REGULATIONS 1988 - REG 262AH Reporting unserviceable ACAS before flight (1) This regulation applies to an aeroplane if the aeroplane: (a) either: (i) has a maximum take-off weight of more than 5 700 kg; or (ii) is permitted by its type certificate or foreign type certificate to have a passenger seating capacity of more than 19; and (b) is not fitted with an approved TCAS that is serviceable. (2) The pilot in command of the aeroplane commits an offence if, before beginning the flight, the pilot in command does not tell air traffic control: (a) that the aeroplane is beginning the flight without an approved TCAS that is serviceable; and (b) the purpose for which, or the circumstances in which, the flight is being conducted. Penalty: 5 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 262AI Application of Subdivision 3 This Subdivision applies to a foreign registered aircraft if the aeroplane: (a) is a turbine-powered commercial aeroplane; and (b) either: (i) has a maximum take-off weight of more than 5 700 kg; or (ii) is permitted by its type certificate or foreign type certificate to have a passenger seating capacity of more than 19. CIVIL AVIATION REGULATIONS 1988 - REG 262AJ ACAS requirements--turbine-powered commercial aeroplanes (1) The pilot in command of an aeroplane commits an offence if: (a) when the aeroplane begins a flight in Australian territory, the aeroplane is not fitted with an approved TCAS that is serviceable; and (b) the flight is not permitted under subregulation (2) or (3). Penalty: 25 penalty units. (2) For paragraph (1)(b), the flight is permitted if: (a) the aeroplane is fitted with an approved TCAS that is unserviceable; and (b) the purpose of the flight is to move the aeroplane to a place to repair, remove or overhaul the approved TCAS. (3) For paragraph (1)(b), the flight is permitted if: (a) the aeroplane is fitted with an approved TCAS that is unserviceable; and (b) when the aeroplane begins the flight: (i) the unserviceability is permitted for the aeroplane under a law of the country in which the aeroplane is registered; and (ii) the approved TCAS has been unserviceable for not more than 10 days; and (iii) the aeroplane has been in Australian territory for a total of not more than 72 hours since the approved TCAS became unserviceable. (4) An offence against subregulation (1) is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 262AJA Serviceable ACAS must be activated during flight (1) This regulation applies to an aeroplane if the aeroplane is fitted with an approved TCAS that is serviceable. (2) The pilot in command of the aeroplane commits an offence if the approved TCAS is not activated during a flight in Australian territory. Penalty: 25 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 262AJB Reporting unserviceable ACAS during flight (1) This regulation applies to an aeroplane if the aeroplane is fitted with an approved TCAS that becomes unserviceable during a flight in, or into, Australian territory. (2) The pilot in command of the aeroplane commits an offence if the pilot in command does not tell air traffic control of the unserviceability: (a) if the aeroplane is in controlled airspace--as soon as practicable after the TCAS becomes unserviceable; or (b) if the aeroplane is not in controlled airspace--before entering controlled airspace. Penalty: 5 penalty units. (3) Strict liability applies to paragraph (2)(b). CIVIL AVIATION REGULATIONS 1988 - REG 262AJC Reporting unserviceable ACAS before flight (1) This regulation applies to an aeroplane if the aeroplane is to begin a flight in Australian territory and is not fitted with an approved TCAS that is serviceable. (2) The pilot in command of the aeroplane commits an offence if, before beginning the flight, the pilot in command does not tell air traffic control: (a) that the aeroplane is beginning the flight without an approved TCAS that is serviceable; and (b) the purpose for which, or the circumstances in which, the flight is being conducted. Penalty: 5 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 262AK Application of this Division This Division applies to an aircraft for which a special certificate of airworthiness has been issued under Part 21 of CASR. Note: The kinds of aircraft to which this Division may apply include: (a) restricted, limited, intermediate and primary category aircraft; and (b) provisionally certificated aircraft; and (c) experimental aircraft; and (d) light sport aircraft. CIVIL AVIATION REGULATIONS 1988 - REG 262AL Restricted category aircraft--operating limitations (1) A person may operate a restricted category aircraft only in: (a) a special purpose operation for which a special certificate of airworthiness in the restricted category is in force for the aircraft under regulation 21.185 of CASR; or (b) an operation permitted under subregulation (2). Penalty: 50 penalty units. (2) A restricted category aircraft may be used for any of the following operations in support of a special purpose operation for which it is type certificated under regulation 21.025 of CASR: (a) participation in an air display; (b) taking the aircraft to or from a place where a demonstration or display of the aircraft is to take place or has taken place during an air display; (c) practice in flying the aircraft for participation in an air display; (d) taking the aircraft to or from a place where maintenance on the aircraft may be done, or has been done; (e) testing the aircraft after maintenance; (f) training a person to qualify for an aircraft class or type rating for an aircraft of the type or category in which the aircraft is included; (g) pilot proficiency training or practice in flying the aircraft, or training in a special purpose operation for which the aircraft is certificated; (h) carrying out a demonstration or test of the aircraft for sale; (i) delivering the aircraft to a person under a contract of sale; (j) an operation necessary to accomplish the special purpose operation. (3) A person must not operate a restricted category aircraft for a purpose mentioned in paragraph 206(1)(b) or (c). Penalty: 50 penalty units. (4) Subregulation (3) does not prohibit the following: (a) carrying a person on a special purpose operation for which the aircraft is type certificated, if the person performs an essential function in the operation or is needed to accomplish the work activity directly associated with the special purpose; (b) carrying a flight crew member for the purpose of giving the flight crew member training in carrying out a special purpose operation for which the aircraft is type certificated; (c) carrying material on a special purpose operation for which the aircraft is type certificated, if the material is needed to carry out the special purpose operation or the work activity associated with it. (5) The operator and the pilot in command of a restricted category aircraft must not permit a person to be carried on the aircraft if the person is not a person mentioned in subregulation (6). Penalty: 50 penalty units. (6) Subregulation (5) does not apply to the following: (a) a flight crew member; (b) a flight crew member under training; (c) a person who performs an essential function in a special purpose operation for which the aircraft is type certificated; (d) a person who is needed to accomplish the work activity directly associated with the special purpose. (7) A person must not operate a restricted category aircraft if a shoulder harness is not installed for each seat located at a flight crew member station, and each seat located beside a seat at a flight crew member station. Penalty: 25 penalty units. (8) An offence against subregulation (1), (3), (5) or (7) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 262AM Limited category aircraft--operating limitations (1) A person may operate a limited category aircraft only in: (a) a special purpose operation for which a special certificate of airworthiness in the limited category is in force under regulation 21.189 of CASR ; or (b) an operation permitted under subregulation (2). Penalty: 50 penalty units. (2) A limited category aircraft may be used for any of the following operations in support of a special purpose operation for which the special certificate of airworthiness was issued: (a) participation in an air display; (b) taking the aircraft to or from a place where a demonstration or display of the aircraft is to take place, or has taken place, during an air display; (c) practice flying of the aircraft for participation in an air display; (d) taking the aircraft to or from a place where maintenance on the aircraft is to be done, or has been done; (e) testing the aircraft after maintenance; (f) training a person to qualify for an aircraft class or type rating for an aircraft of the type or category in which the aircraft is included; (g) practice in flying the aircraft, or training in a special purpose operation for which the aircraft is certificated; (h) carrying out a demonstration or test of the aircraft for sale; (i) delivering the aircraft to a person under a contract of sale; (j) an operation necessary to accomplish the special purpose operation. (3) Except as permitted by subregulation (7), a person must not operate a limited category aircraft for a purpose mentioned in paragraph 206(1)(b) or (c). Penalty: 50 penalty units. (4) A person must not operate a limited category aircraft carrying a passenger if each of the following requirements is not satisfied: (a) no more than 6 (or a greater number approved by CASA or an authorised person) people are on board; (b) the operator or the pilot in command ensures that each passenger is told about the matters mentioned in subregulation (5): (i) if the passenger is being carried as permitted under subregulation (7) and pays for the flight before boarding the aircraft--before the passenger pays for the flight; or (ii) in any other case--before the passenger boards the aircraft; (c) a placard bearing the warning stated in subregulation (6) is displayed inside the aircraft in a way that is conspicuous to, and can be easily read by, each person in the aircraft. Penalty: 50 penalty units. (5) For paragraph (4)(b), the matters about which a passenger must be told are that: (a) the design, manufacture, and airworthiness of the aircraft are not required to meet any standard recognised by CASA; and (b) CASA does not require the aircraft to be operated to the same degree of safety as an aircraft on a commercial passenger flight; and (c) the passenger flies in the aircraft at his or her own risk. (6) For paragraph (4)(c), the warning is: 'WARNING PERSONS FLY IN THIS AIRCRAFT AT THEIR OWN RISK THIS AIRCRAFT HAS BEEN DESIGNED FOR SPECIAL OPERATIONS AND IS NOT OPERATED TO THE SAME SAFETY STANDARDS AS A NORMAL COMMERCIAL PASSENGER FLIGHT'. (7) A person may carry passengers in a limited category aircraft in circumstances where payment is made for carriage, and subregulation 2(7A) does not apply, only if: (a) the pilot in command holds: (i) a commercial pilot licence or air transport pilot licence, with appropriate flight crew ratings and endorsements for a flight of that kind; or (ii) if the aircraft is a balloon--a commercial pilot (balloon) licence, with the appropriate balloon class endorsement, and any appropriate balloon flight crew rating, within the meaning of subregulation 5.01(1), for a flight of that kind; and (b) the aircraft departs from and returns to the same aerodrome without landing anywhere else; and (c) the flight does not involve training or flight testing, and is not a scenic flight; and (d) the aircraft: (i) is a replica aircraft, ex-military aircraft or historic aircraft; or (ii) is being operated for the purpose of parachute jumping, mock combat or aerobatics ; or (iii) is being operated only to carry passengers as part of an intrinsically hazardous recreational activity; and (e) each passenger has acknowledged in writing that the passenger has been told about the matters mentioned in subregulation (5). Penalty: 50 penalty units. (8) The aircraft operator: (a) must keep an acknowledgment required under paragraph (7)(e) for at least 3 months; and (b) must not keep it in an aircraft. Penalty: 10 penalty units. (10) A limited category aircraft may be operated over the built-up area of a city or town only if: (a) CASA or an authorised person has assigned it, under subregulation (14), a permit index of 0; or (b) CASA or an authorised person has assigned it a permit index of 1 and: (i) it is only flown over the area to the least extent necessary to allow it to take off from, or land at, a particular aerodrome, or follow a procedure approved by CASA or an authorised person for the safety of other airspace users and persons on the ground or water; and (ii) if it is using an aerodrome in a capital city--it follows an access route approved by CASA or an authorised person for the purpose; or (c) CASA or an authorised person has approved it to do so. Penalty: 50 penalty units. (11) In considering whether to grant an approval under paragraph (10)(c), CASA or the person authorised under that paragraph must take into account the aircraft's permit index and anything else CASA or the authorised person considers relevant for the safety of other airspace users and persons on the ground or water. (12) A person must not operate a limited category aircraft in another country's airspace if the operation of the aircraft is not in accordance with the approval of the appropriate authority of the country. Penalty: 10 penalty units. (13) A person must not operate a limited category aircraft for a purpose mentioned in paragraph 206(1)(a) if the person is not the holder of an appropriate AOC. Penalty: 10 penalty units. (14) CASA or an authorised person must assign a permit index (that is, a whole number between 0 and 3) in accordance with Advisory Circular 21.25 issued by CASA, as published from time to time, to a limited category aircraft for the purpose of applying appropriate safety conditions to the operation of the aircraft. (15) An offence against subregulation (1), (3), (4), (7), (8), (10), (12) or (13) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 262AN Approved organisations (1) CASA may approve an organisation to administer the operation of limited category aircraft engaged in a special purpose operation mentioned in subregulation 21.189(3) of CASR if CASA is satisfied that the organisation: (a) is suitable, and has enough suitably qualified and competent personnel, to ensure that the administration of relevant aircraft operations, airworthiness assessments and continuing airworthiness procedures can be properly carried out; and (b) has suitable practices, procedures, limitations and conditions to control the operation and ensure that the operational and airworthiness activities that it is to administer are conducted safely; and (c) has engaged, employed or contracted a chief executive who has authority and responsibility for ensuring that all activities carried out by the organisation are done with a reasonable degree of care and diligence. (2) However, CASA may approve an organisation under subregulation (1) only if the organisation produces and keeps up to date a manual, or manuals, acceptable to CASA, that: (a) is or are consistent with these Regulations; and (b) documents the practices, procedures, limitations and conditions mentioned in paragraph (1)(b). (3) A person must operate a limited category aircraft only in accordance with a manual produced by an organisation approved under subregulation (1). Penalty: 50 penalty units. (4) Subregulation (3) does not apply if the person has CASA's approval to operate other than in accordance with a manual produced by an organisation approved under subregulation (1). (5) An offence against subregulation (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 262AO Provisionally certificated aircraft--operating limitations (1) A person must not operate a provisionally certificated aircraft if the person is not the holder of the provisional certificate of airworthiness for that aircraft. Penalty: 50 penalty units. (2) A person must not operate a provisionally certificated aircraft in another country's airspace if the operation is not in accordance with the approval of the appropriate authority of the country. Penalty: 10 penalty units. (3) A person must not operate a provisionally certificated aircraft for a purpose mentioned in paragraph 206(1)(b) or (c). Penalty: 50 penalty units. (4) A person may operate a provisionally certificated aircraft only if: (a) to obtain type or supplemental type certification for the aircraft; or (b) for training flight crews, including simulated operations of the type mentioned in paragraph 206(1)(b) or (c); or (c) for a demonstration flight by the manufacturer for prospective purchasers; or (d) for market surveys by the manufacturer; or (e) for flight checking of instruments, accessories, and items of equipment that do not affect the basic airworthiness of the aircraft; or (f) for service testing of the aircraft. Penalty: 50 penalty units. (5) A person operating a provisionally certificated aircraft must operate within the limitations displayed in the aircraft or stated in the provisional aircraft flight manual or other appropriate document. (6) However, when operating the aircraft during its type certification or supplemental type certification, the person must operate under the limitations applying to experimental aircraft under regulation 262AP and, when flight testing it, must comply with regulation 262AS. Penalty: 50 penalty units. (7) A person operating a provisionally certificated aircraft must establish approved procedures for: (a) use by, and guidance of, flight and ground personnel in operating under this regulation; and (b) landing at and taking-off from aerodromes where take-offs or approaches over populated areas are necessary. Penalty: 50 penalty units. (8) A person operating a provisionally certificated aircraft must comply with the approved procedures. Penalty: 50 penalty units. (9) A person operating a provisionally certificated aircraft must ensure that each flight crew member is properly licensed and rated, and has adequate knowledge of and familiarity with, the aircraft and procedures to be used by the crew member. Penalty: 50 penalty units. (10) A person operating a provisionally certificated aircraft must maintain it in accordance with a maintenance program approved under regulation 21.081 or 21.083 of CASR. Penalty: 50 penalty units. (11) A person operating a provisionally certificated aircraft: (a) must not carry anyone in the aircraft who does not have a proper interest in the operations allowed by this regulation, or who is not specifically authorised by both the manufacturer, and by CASA or an authorised person, to be carried; and (b) must tell each person carried that the aircraft is provisionally certificated. Penalty: 50 penalty units. (12) An offence against subregulation (1), (2), (3), (4), (6), (7), (8), (9), (10) or (11) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 262AP Experimental aircraft--operating limitations (1) A person must not operate an aircraft for which a special certificate of airworthiness is in force under regulation 21.195A of CASR, if the operation is not one of the following kinds: (a) an operation for a purpose for which the certificate is issued; (b) an operation permitted by subregulation (2). Penalty: 50 penalty units. (2) An experimental aircraft may be used for any of the following operations in support of an operation for which the special certificate of airworthiness was issued: (a) taking the aircraft to or from a place where maintenance on the aircraft can be done, or has been done; (b) testing the aircraft after maintenance; (c) training a person to qualify for an aircraft class or type rating on the aircraft; (d) practice in flying the aircraft; (e) carrying out a demonstration or test of the aircraft for sale; (f) delivering the aircraft to a person under a contract of sale; (g) for an amateur-built or kit-built aircraft--flying training given in the aircraft to its owner. (3) A person must not operate an experimental aircraft outside the area assigned for the purpose by CASA or an authorised person, and must not carry persons other than essential crew in the aircraft, until it is shown that it: (a) is controllable throughout its normal range of speeds and throughout all the manoeuvres to be executed; and (b) has no hazardous operating characteristics or design features. Penalty: 50 penalty units. (4) A person must not operate an experimental aircraft over the built-up area of a city or town unless authorised to do so under subregulation (5). Penalty: 50 penalty units. (5) CASA or an authorised person may authorise a particular aircraft to be operated over the built-up area of a city or town subject to the conditions and limitations CASA or the authorised person considers necessary for the safety of other airspace users and persons on the ground or water. (6) A person operating an experimental aircraft must operate it only: (a) by day and under V.F.R; or (b) otherwise in accordance with an approval by CASA or an authorised person. Penalty: 50 penalty units. (7) A person must not operate an experimental aircraft for a purpose mentioned in paragraph 206(1)(b) or (c). Penalty: 50 penalty units. (8) A person must not operate an experimental aircraft carrying a passenger if each of the following requirements is not satisfied: (a) no more than 6 (or a greater number approved by CASA or an authorised person) people are on board; (b) the operator or the pilot in command ensures that each person carried is told before boarding the aircraft that: (i) the design, manufacture, and airworthiness of the aircraft is not required to meet any standards recognised by CASA; and (ii) persons fly in the aircraft at their own risk; (c) a placard bearing the warning stated in subregulation (9) is displayed inside the aircraft in a way that is conspicuous to, and can be easily read by, each person in the aircraft. Penalty: 50 penalty units. (9) For paragraph (8)(c), the warning is: 'WARNING PERSONS FLY IN THIS AIRCRAFT AT THEIR OWN RISK THIS AIRCRAFT IS NOT OPERATED TO THE SAME SAFETY STANDARDS AS A NORMAL COMMERCIAL PASSENGER FLIGHT CASA DOES NOT SET AIRWORTHINESS STANDARDS FOR EXPERIMENTAL AIRCRAFT'. (11) A person must not operate an experimental aircraft in another country's airspace if it is not in accordance with the approval of the appropriate authority of the country. Penalty: 10 penalty units. (12) A person must not operate an experimental aircraft for a purpose mentioned in paragraph 206(1)(a) if the person is not the holder of an appropriate AOC. Penalty: 10 penalty units. (13) An offence against subregulation (1), (3), (4), (6), (7), (8), (11) or (12) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 262APA Light sport aircraft--operating limitations (1) A person must not operate a light sport aircraft covered by regulation 21.186 of CASR unless: (a) the aircraft is being operated for: (i) private operations; or (ii) conducting or undergoing flying training; or (iii) glider towing; and (b) maintenance has been carried out on the aircraft in accordance with maintenance procedures issued by its manufacturer; and (c) the aircraft has been inspected, in accordance with inspection procedures issued by its manufacturer, at least once: (i) in the case of an aircraft that is let on hire for a purpose mentioned in subparagraph (a)(i), (ii) or (iii)--every 100 hours TIS or every 12 months, whichever occurs first; and (ii) in any other case--every 12 months; and (d) all modifications on the aircraft have been authorised by its manufacturer; and (e) the person who operates the aircraft ensures that each person who boards the aircraft is told about the warning in subregulation (2) before the person boards the aircraft; and (f) a placard bearing the warning in subregulation (2) is displayed inside the aircraft in a place where it is conspicuous to, and can easily be read by, each person in the aircraft. Penalty: 50 penalty units. (2) For paragraphs (1)(e) and (f), the warning is: 'This aircraft was MANUFACTURED IN ACCORDANCE WITH LIGHT SPORT AIRCRAFT airworthiness STANDARDS AND does NOT conform to standard category airworthiness requirements '. (3) Unless otherwise approved by its manufacturer, a person must not operate a light sport aircraft covered by regulation 21.186 of CASR contrary to: (a) the aircraft operating instructions issued for the aircraft (including instructions for necessary equipment in the aircraft's equipment list); or (b) a safety direction or requirement issued by its manufacturer. Penalty: 50 penalty units. (4) A person must not operate a light sport aircraft covered by regulation 21.186 of CASR contrary to any additional operating limitation determined, in writing, by CASA for the aircraft in the interests of aviation safety. Penalty: 50 penalty units. (5) CASA must give a copy of a determination referred to in subregulation (4) to the registered operator of the aircraft concerned. (6) An offence against subregulation (1), (3) or (4) is an offence of strict liability. (7) In the case of an aircraft whose manufacturer no longer exists or can no longer provide instructions for the continuing airworthiness of the aircraft, anything required by a provision of this regulation to be done by its manufacturer can be done by a person appointed by CASA to perform the functions of the manufacturer in relation to the continuing airworthiness of the aircraft. CIVIL AVIATION REGULATIONS 1988 - REG 262AQ Primary category aircraft--operating limitations (1) A person must not operate a primary category aircraft in aerial work operations (other than flying training) or for a purpose mentioned in paragraph 206(1)(b) or (c). Penalty: 50 penalty units. (2) A person may make a primary category aircraft of a particular kind available for rental only: (a) if it is maintained by: (i) the holder of an aircraft engineer licence; or (ii) the holder of a certificate of approval that covers maintenance for aircraft of that kind; or (iii) an approved maintenance organisation, within the meaning given by Part 3 of the CASR Dictionary, that is approved to provide maintenance services for aircraft of that kind; and (b) for personal use or flying training. Penalty: 50 penalty units. (3) A person may operate a primary category aircraft, of a particular type and model, that is not maintained by a person mentioned in paragraph (2)(a) only if: (a) the aircraft is maintained by the pilot-owner of the aircraft under a special inspection and preventive maintenance program that is part of the aircraft's type design or supplemental type design ; and (b) the pilot-owner of the aircraft holds a certificate of competency issued under paragraph 21.163(2)(b) of CASR for that type and model of aircraft; and (c) the aircraft is operated by the pilot-owner or a person nominated by the pilot-owner; and (d) the pilot-owner is not paid and does not receive other compensation for the use of the aircraft. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 262AR Intermediate category aircraft--operating limitations (1) A person must not operate an intermediate category aircraft for a purpose mentioned in paragraph 206(1)(b) or (c) if the person is not the holder of an appropriate AOC. Penalty: 50 penalty units. (2) A person may make an intermediate category aircraft of a particular kind available for rental only: (a) if it is maintained by: (i) the holder of an aircraft engineer licence; or (ii) the holder of a certificate of approval that covers maintenance for aircraft of that kind; or (iii) an approved maintenance organisation, within the meaning given by Part 3 of the CASR Dictionary, that is approved to provide maintenance services for aircraft of that kind; and (b) for personal use or flying training. Penalty: 50 penalty units. (3) A person may operate an intermediate category aircraft, of a particular type and model, that is not maintained by a person mentioned in paragraph (2)(a) only if: (a) the aircraft is maintained by the pilot-owner of the aircraft under a special inspection and preventive maintenance program that is part of the aircraft's type design or supplemental type design ; and (b) the pilot-owner of the aircraft holds a certificate of competency issued under paragraph 21.163(4)(b) of CASR for that type and model of aircraft; and (c) the aircraft is operated by the pilot-owner or a person nominated by the pilot-owner; and (d) the pilot-owner does not receive payment for the use of the aircraft. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 262AS Where aircraft may be flight tested (1) A person may flight test an aircraft only: (a) over open water or a sparsely populated area; and (b) where there is no more than light air traffic. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Part 16 --Refusal to grant, and suspension and cancellation of, approvals, authorities, certificates and licences CIVIL AVIATION REGULATIONS 1988 - REG 263 Interpretation (1) In this Part, unless the contrary intention appears: " approval " means an approval issued under regulation 145.030 or 147.030 of CASR. " authority " means: (a) an airworthiness authority; or (b) an aircraft welding authority; under Division 3 of Part 4. " certificate "means: (a) a certificate under Division 3 of Part 4; or (b) a certificate of validation; or (c) a CAR certificate of validation within the meaning of subregulation 5.01(1). " licence "means: (a) an aircraft engineer licence; or (b) a flight crew licence, rating or endorsement; or (c) any of the following within the meaning of subregulation 5.01(1): (i) a balloon class endorsement; (ii) a balloon flight crew rating; (iii) a commercial (balloon) pilot licence; (iv) a flight radiotelephone operator licence. (2) A reference in this Part to a licence or an authority shall be read as including a reference to a rating or other endorsement on a licence or an authority by virtue of which the holder of a licence or an authority so endorsed has under these Regulations specific privileges or authority to exercise or perform specific functions or duties in relation to the operation or maintenance of aircraft. (3) A reference in this Part to variation of a licence or an authority shall be read as including a reference to the inclusion, deletion or alteration of an endorsement on a licence or an authority. CIVIL AVIATION REGULATIONS 1988 - REG 264 Refusal to grant certificate under Division 3 of Part 4 CASA must not refuse to grant a certificate under Division 3 of Part 4 except on one or more of the following grounds: (a) that the applicant has failed to satisfy a requirement prescribed by or specified under these Regulations in relation to the grant of the certificate; (b) that the applicant has made in, or in connection with, the application a statement that was false or misleading in a material particular; (c) that a court has made an order under section 30A of the Act in relation to the applicant; (d) in relation to the initial issue of a certificate: (i) that the applicant was the holder of a certificate that was previously cancelled; or (ii) that the applicant is not a fit and proper person to have the responsibilities and exercise and perform the functions and duties of a holder of the certificate. CIVIL AVIATION REGULATIONS 1988 - REG 265 Suspension of licence or authority for purpose of examination (1) If: (a) CASA requires the holder of a licence to undergo an examination under regulation 299; or (c) CASA requires the holder of an authority to undergo an examination under regulation 33; CASA may suspend the licence or authority by giving the holder of the licence or authority written notice of the suspension. (2) Where the result of the examination does not show any ground on which the licence or authority may be suspended or cancelled, CASA shall forthwith terminate the suspension of the licence or authority and, by notice in writing served on the holder of the licence or authority, notify the holder that the suspension has been so terminated. (3) Where CASA, upon the result of the examination becoming known, does not terminate the suspension in accordance with subregulation (2) but gives to the holder of the licence or authority a notice under subregulation 269(3), the licence or authority shall remain suspended during the time specified by CASA in that notice as the time within which the holder of the licence or authority may show cause why the licence or authority should not be varied, suspended or cancelled under regulation 269. CIVIL AVIATION REGULATIONS 1988 - REG 267 Variation of authority, certificate or licence at request of holder (1) Subject to subregulation (2), CASA may vary a licence or certificate or an authority (other than an aircraft welding authority) in accordance with a request made by the holder of the licence, certificate or authority. (2) Nothing in subregulation (1) shall be taken to require CASA to vary a licence or certificate or an authority in accordance with a request made under that subregulation. CIVIL AVIATION REGULATIONS 1988 - REG 269 Variation, suspension or cancellation of approval, authority, certificate or licence (1) Subject to this regulation, CASA may, by notice in writing served on the holder of an approval, authority, certificate or licence (an authorisation), vary, suspend or cancel the authorisation if CASA is satisfied that one or more of the following grounds exists, namely: (a) that the holder of the authorisation has contravened, a provision of the Act or these Regulations, including these regulations as in force by virtue of a law of a State; (b) that the holder of the authorisation fails to satisfy, or to continue to satisfy, any requirement prescribed by, or specified under, these Regulations in relation to the obtaining or holding of such an authorisation; (c) that the holder of the authorisation has failed in his or her duty with respect to any matter affecting the safe navigation or operation of an aircraft; (d) that the holder of the authorisation is not a fit and proper person to have the responsibilities and exercise and perform the functions and duties of a holder of such an authorisation; (e) that the holder of the authorisation has contravened, a direction or instruction with respect to a matter affecting the safe navigation and operation of an aircraft, being a direction or instruction that is contained in Civil Aviation Orders. (1A) CASA must not cancel an authorisation under subregulation (1) because of a contravention mentioned in paragraph (1)(a) unless: (a) the holder of the authorisation has been convicted by a court of an offence against a provision of the Act or these Regulations (including these Regulations as in force by virtue of a law of a State) in respect of the contravention; or (b) the person was charged before a court with an offence against a provision of the Act or these Regulations (including these Regulations as in force by virtue of a law of a State) in respect of the contravention and was found by the court to have committed the offence, but the court did not proceed to convict the person of the offence. (2) A notice under subregulation (1) shall set out the grounds for the decision. (3) Before taking action under this regulation to vary, suspend or cancel an authorisation, CASA must: (a) give notice, in writing, to the holder of the authorisation of the facts and circumstances that, in the opinion of CASA, warrant consideration being given to the variation, suspension or cancellation of the authorisation under this regulation; and (b) allow the holder of the authorisation to show cause, within such time as CASA specifies in that notice, why the authorisation should not be varied, suspended or cancelled under this regulation. (4) The time specified by CASA in the notice under subregulation (3) as the time within which the holder of the authorisation may show cause why the authorisation should not be varied, suspended or cancelled under this regulation shall be a time that is reasonable in all of the circumstances of the particular case. (5) A reference in this regulation to these Regulations is a reference to these Regulations other than Subparts 99.C and 99.E of CASR. CIVIL AVIATION REGULATIONS 1988 - REG 270 Effect of effluxion of time for suspension of approval, authority, certificate or licence (1) Where an approval, authority, certificate or licence (an authorisation) is suspended under this Part, the authorisation has no force or effect for the duration of the suspension, but the period of currency of the authorisation continues to run. (2) Where the period for which an authorisation is suspended is a period expiring after the expiration of the current period of the authorisation, the holder of the authorisation is not eligible for renewal of the authorisation until the period of suspension has expired. CIVIL AVIATION REGULATIONS 1988 - REG 272A Effect of suspension of approval, authority, certificate or licence If CASA suspends an approval, authority, certificate or licence (an authorisation), its holder is taken not to be the holder of the authorisation during the period of the suspension. Part 17 --Penal provisions and prosecutions CIVIL AVIATION REGULATIONS 1988 - REG 282 Offences in relation to licences, certificates and authorities (1) A person shall not, if the person is not specially permitted by or under these Regulations, perform any duty or exercise any function or do any act for which: (a) a licence; (b) a certificate; or (c) a rating or other endorsement on a licence or certificate; is required under these Regulations, without holding: (d) the appropriate licence or certificate; or (e) a licence or certificate containing the appropriate rating or other endorsement. Penalty: 50 penalty units. (2) Where a licence or certificate is suspended, or a rating or other endorsement on a licence or certificate is suspended or cancelled, under these Regulations, the person to whom the licence or certificate was granted shall not, for the purposes of subregulation (1) be deemed to be the holder of the licence or certificate or a licence or certificate containing the rating or other endorsement, as the case may be, during the period of suspension or cancellation. (3) A person shall not purport to give a certificate, or to issue a document, for the purposes of these Regulations if he or she is not authorised under these Regulations to do so. Penalty: 50 penalty units. (4) The holder of a licence, a certificate, an airworthiness authority or an aircraft welding authority shall not: (a) negligently perform a duty that he or she is qualified to perform under the terms of the licence, certificate, airworthiness authority or aircraft welding authority; or (b) issue a certificate that he or she is required or empowered to issue under these Regulations without ensuring that all matters certified therein are true and correct in every material particular. Penalty: 25 penalty units. (5) An offence against subregulation (1) or (2) or paragraph (4)(b) is an offence of strict liability. Note: For strict liability see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 286 Stowaways (1) A person must not secrete himself or herself in an aircraft, or travel in an aircraft without the consent of the operator or pilot in command. 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. CIVIL AVIATION REGULATIONS 1988 - REG 287 Power of Court to order returns etc to be furnished Where any person is convicted of an offence under these Regulations for failure to furnish any return or to comply with a notice to surrender a document, the Court before which he or she is convicted may, in addition to imposing any pecuniary or other penalty, order the defendant to furnish the return or surrender the document, as the case may be. CIVIL AVIATION REGULATIONS 1988 - REG 288 Detention of aircraft (1) Where it appears to CASA that any aircraft is intended or likely to be flown in such circumstances that the flight would involve an offence against these Regulations or be a cause of danger to persons in the aircraft or to persons or property on the ground, CASA may take such action by way of detention of the aircraft or such other action as is necessary for the purpose of causing the circumstances relating to the flight to be investigated or the aircraft to be inspected. (2) Where an aircraft has been detained in pursuance of subregulation (1), the aircraft shall not be used until CASA, being satisfied that these Regulations are being complied with, approves, or until such alterations or repairs as CASA considers necessary to render the aircraft fit for flight have been made. 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. CIVIL AVIATION REGULATIONS 1988 - REG 289 Creation of fire hazard (1) Subject to these Regulations, a person shall not smoke or do any act to procure a naked flame within 15 metres of an aircraft or in any part of an aerodrome in which a notice indicates that smoking is prohibited. Penalty: 10 penalty units. (2) A person shall not do any act likely to create a fire hazard endangering an aircraft or an aerodrome. Penalty: 10 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) Nothing in this regulation applies in relation to an act done at a Federal airport. CIVIL AVIATION REGULATIONS 1988 - REG 290 Firearms--Federal airports An authorised person may, for a purpose relating to the safety of air navigation, discharge a firearm upon or over any part of a Federal airport. CIVIL AVIATION REGULATIONS 1988 - REG 291 Stationary aircraft within precincts of an aerodrome (1) A person may leave a stationary aircraft standing within the precincts of an aerodrome at which air traffic control is in operation, only if: (a) the aircraft is standing in an area that is designated to be an area for the parking of aircraft of a kind to which that aircraft belongs; or (b) air traffic control has given permission for the aircraft to be left standing in that area. 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. CIVIL AVIATION REGULATIONS 1988 - REG 292 Aircraft on movement area to be reported (1) If, for any reason, an aircraft: (a) is left standing on the movement area of an aerodrome; or (b) is left standing on any other area of an aerodrome so as to constitute a hazard to aircraft operations; the pilot in command of the aircraft shall forthwith report the fact that the aircraft is standing on the movement area or other area of the aerodrome to air traffic control or the nearest radio communication station. 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) A report under subregulation (1) shall be in addition to a notification or report required under the Air Navigation Regulations. (3) In this regulation, radio communication station means a radio station established or authorised for the purpose of radio communication with aircraft and designated by CASA as a radio communication station in Aeronautical Information Publications. (4) A reference in this regulation to an aerodrome shall be read as including a reference to an aerodrome under the control of a part of the Defence Force, being an aerodrome in respect of which an arrangement under section 20 of the Act is in force. CIVIL AVIATION REGULATIONS 1988 - REG 293 Removal of aircraft from movement area (1) Where, in the opinion of CASA, it is necessary, in the interests of safety or to expedite or maintain an orderly flow of air traffic, to remove an aircraft from any part of an aerodrome or to move an aircraft from one part of the movement area of an aerodrome to another, CASA may authorise a person, with such assistance (if any) as is necessary and reasonable, to so remove or move the aircraft, and the officer shall remove or move the aircraft accordingly. (2) CASA or a person who assists in the removal of an aircraft under subregulation (1) shall not be liable for any damage which occurs to the aircraft by reason of its removal in pursuance of an authorisation given under that subregulation. (3) A reference in this regulation to an aerodrome shall be read as including a reference to an aerodrome under the control of a part of the Defence Force, being an aerodrome in respect of which an arrangement under section 20 of the Act is in force. CIVIL AVIATION REGULATIONS 1988 - REG 294 Prohibition of entry etc on prohibited area (1) A person must not: (a) enter or remain within a prohibited area in an aerodrome; (b) bring or leave any property on a prohibited area within an aerodrome; (c) operate any vehicle on a prohibited area within an aerodrome; (d) bring any animal or bird on to a prohibited area within an aerodrome; or (e) permit any animal or bird under his or her possession or control to trespass on a prohibited area within an aerodrome. Penalty: 5 penalty units. (1A) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Where: (a) a person contravenes paragraph (1)(a), (b), (c) or (d); or (b) any property, vehicle, animal or bird is found in contravention of paragraph (1)(b), (c), (d) or (e); any authorised person may apprehend and remove that person, property, vehicle, animal or bird, as the case may be, without being deemed guilty of any act of trespass. (3) In this regulation: " authorised person " means an officer or employee of CASA, a member of the Defence Force, a constable, an aerodrome operator, a person authorised by the aerodrome operator, or the pilot in command of an aircraft. " prohibited area ", in relation to an aerodrome, means any part of the aerodrome upon which is posted a notice relating to that part of the aerodrome, being a notice to the effect that trespassing upon that part of the aerodrome is prohibited and purporting to have been posted with the authority of CASA. CIVIL AVIATION REGULATIONS 1988 - REG 296 Time for commencing prosecutions (1) A prosecution in respect of any offence against these Regulations may be commenced at any time within 3 years after the commission of the offence. (2) For the purposes of subregulation (1), time shall be deemed not to run during any period after the commission of an offence and before the institution of proceedings in respect thereof for which the defendant is outside Australian territory. CIVIL AVIATION REGULATIONS 1988 - REG 296A Definitions for Division 3 of Part 17 In this Division: " infringement notice " means a notice served under regulation 296B. " prescribed offence " means an offence under these Regulations. Note: Subregulation 2C(1) provides that CASR is to be read with, and as if it formed part of, CAR. " prescribed penalty ", for a prescribed offence, means: (a) if the maximum penalty for the offence is 5 or 10 penalty units--a penalty of 1 penalty unit; or (b) if the maximum penalty for the offence is 15, 20 or 25 penalty units--a penalty of 3 penalty units; or (c) if the maximum penalty for the offence is more than 25 penalty units--a penalty of 5 penalty units. CIVIL AVIATION REGULATIONS 1988 - REG 296B When can an infringement notice be served? If an authorised person has reason to believe that a person has committed a prescribed offence, he or she may serve on the person an infringement notice in accordance with this Division. CIVIL AVIATION REGULATIONS 1988 - REG 296C Can an infringement notice be withdrawn? (1) An authorised person may withdraw an infringement notice served on a person (in this regulation called the recipient) by serving written notice of the withdrawal on the recipient: (a) within 28 days after the date of service of the infringement notice; or (b) if an authorised person allows the recipient a further period of time in which to pay the prescribed penalty for the offence mentioned in the notice--before the end of the further period. (2) Without limiting the generality of subregulation (1), the authorised person may withdraw the infringement notice after taking into account: (a) whether the recipient has previously been convicted of an offence against these Regulations; or (b) the circumstances in which the offence specified in the notice is alleged to have been committed; or (c) whether an infringement notice has previously been served on the recipient in relation to an offence of the same type as the offence specified in the notice and in relation to which the recipient paid the prescribed penalty; or (d) any other relevant matter. (3) If: (a) the recipient pays the prescribed penalty within 28 days after the date of service of the notice, or within any further period (not being more than 28 days) allowed by an authorised person (whether before or after the end of the first 28 day period); and (b) the notice is withdrawn after the recipient pays the penalty; CASA must refund to the recipient an amount equal to the amount paid. CIVIL AVIATION REGULATIONS 1988 - REG 296D How are infringement notices and withdrawals of notices to be served? An authorised person may serve an infringement notice, or a notice of withdrawal of an infringement notice: (a) on an individual: (i) by giving it to the individual personally; or (ii) by leaving it at, or by sending it by post to, the address of the place of residence or business of the individual that is last known to the authorised person; or (iii) by giving it, at the place of residence or business of the individual that is last known to the authorised person, to a person who is, or is reasonably believed by the authorised person to be, above the age of 16 years and apparently an occupant of, or employed at, the place; and (b) on a body corporate: (i) by sending it by post to the head office, registered office, principal office or other postal address of the body corporate; or (ii) by giving it to a person who is, or is reasonably believed by the authorised person to be: (A) an officer of, or in the service of, the body corporate; and (B) above the age of 16 years; at the head office, registered office, principal office or other place of business of the body corporate. CIVIL AVIATION REGULATIONS 1988 - REG 296E What must be included in an infringement notice? (1) An infringement notice must: (a) specify the name of the authorised person by whom, or on whose behalf, the notice is served; and (b) state the name and address of the person on whom the notice is served; and (ba) state the prescribed offence that the person is alleged to have committed, identifying the provision of these Regulations that the person is alleged to have contravened; and (c) specify when and where the offence is alleged to have been committed; and (ca) state the amount of the prescribed penalty for the offence; and (d) notify the person on whom it is served that, if he or she does not wish the matter to be dealt with by a court, he or she may pay the amount of the prescribed penalty within 28 days after the date of service of the notice, or within any further period (not being more than 28 days) allowed by an authorised person (whether before or after the end of the first 28 day period); and (e) specify where and how the prescribed penalty may be paid. (2) An infringement notice may contain any other matters that CASA considers necessary. CIVIL AVIATION REGULATIONS 1988 - REG 296F What happens if you pay the prescribed penalty? If: (a) an infringement notice is served on a person; and (b) the person pays the prescribed penalty for the offence mentioned in the notice within 28 days after the date of service of the notice, or within any further period (not being more than 28 days) allowed by an authorised person (whether before or after the end of the first 28 day period); and (c) the infringement notice is not withdrawn; then: (d) any liability of the person in respect of the offence specified in the notice is taken to be discharged; and (e) further proceedings cannot be taken against the person for the offence; and (f) the person is not regarded as having been convicted of the offence. CIVIL AVIATION REGULATIONS 1988 - REG 296G Evidentiary matters (1) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised person that states: (a) that the authorised person did not allow further time under paragraph 296F(b) for payment of the prescribed penalty for the offence; and (b) that the penalty has not been paid in accordance with the notice within 28 days after the date of service of the notice; is evidence of those matters. (2) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised person and stating: (a) that the authorised person allowed, under paragraph 296F(b), the further time specified in the certificate for payment of the prescribed penalty for the offence mentioned in the notice; and (b) that the penalty has not been paid in accordance with the notice or within the further time allowed; is evidence of those matters. (3) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised person and stating that the notice was withdrawn on a day specified in the certificate is evidence of that fact. (4) A certificate that purports to have been signed by an authorised person is taken to have been signed by that person unless the contrary is proved. CIVIL AVIATION REGULATIONS 1988 - REG 296H Can there be more than one infringement notice for the same offence? This Division does not prevent the service of more than one infringement notice on a person for the same offence, but regulation 296F applies to the person if the person pays the prescribed penalty in accordance with one of the infringement notices. CIVIL AVIATION REGULATIONS 1988 - REG 296I What if payment is made by cheque? If a cheque is offered to CASA as payment of all or part of the amount of a prescribed penalty, payment is taken not to have been made unless the cheque is honoured upon presentation. CIVIL AVIATION REGULATIONS 1988 - REG 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 Nothing in this Division: (a) requires an infringement notice to be served on a person in relation to a prescribed offence; or (b) affects the liability of a person to be prosecuted for a prescribed offence if the person does not comply with an infringement notice; or (c) affects the liability of a person to be prosecuted for a prescribed offence if an infringement notice is not served on the person in relation to a prescribed offence; or (d) limits the amount of the fine that may be imposed by a court on a person convicted of a prescribed offence. Part 18 --Evidence CIVIL AVIATION REGULATIONS 1988 - REG 297 Evidence (1) CASA may, in writing, certify that: (a) a document required to be surrendered to CASA in accordance with a notice in writing under regulation 301 has not been so surrendered; (b) a document annexed to the certificate is a true copy of the text of the Convention or of an annex adopted in pursuance of the Convention; or (c) a document annexed to the certificate is a true copy of a Civil Aviation Order, AIP, NOTAM, licence, certificate, permit, direction, authority, notice, order, approval or other document published, given or issued under these Regulations. (2) CASA, in a certificate under paragraph (1)(c), may certify that the document of which the document annexed to the certificate is certified to be a true copy was, on a specified date or between specified dates, posted to: (a) the defendant in a prosecution for an offence against these Regulations or in any proceedings for the recovery of moneys under these Regulations; or (b) the applicant or other specified person in any review, investigation or inquiry conducted or made under these Regulations. (3) CASA, or the officer having custody of the appropriate records of CASA, may, in writing, certify that, during a specified period or on a specified date: (a) a person was or was not licensed; (b) an aircraft was or was not registered; (c) a certificate of airworthiness of an aircraft had or had not been issued, was valid or invalid for the purposes of these Regulations or was subject to specified conditions; (e) a place was or was not licensed for use as an aerodrome or was or was not authorised for use as an aerodrome; (f) a permit, direction, authority, notice, order or approval required under these Regulations had or had not been issued under these Regulations; or (g) a licence or certificate issued under these Regulations was or was not suspended, cancelled or endorsed with a specified endorsement. (4) In all courts and in any review, investigation or inquiry conducted or made under these Regulations, a certificate purporting to have been given under this regulation: (a) shall, unless the contrary is proved, be deemed to be a certificate given by a person empowered by this regulation to give the certificate; and (b) is evidence of the facts stated in the certificate, and, in the case of a certificate certifying that a document was posted to the defendant in a prosecution for an offence against these Regulations or an applicant or a specified person in any review, investigation or inquiry conducted or made under these Regulations, is evidence that the document was received by the defendant, applicant or specified person on or about the time at which it would have been received in the ordinary course of post. (5) For the purposes of establishing liability to charges as defined by section 66 of the Act, a flight by an aircraft may be identified by documentation that includes: (a) a flight strip summary, being a document known by that description issued by CASA for the purpose of enabling officers of CASA to compile records of aircraft movements in relation to aerodromes; (b) messages extracted from the message switching system known as the Aeronautical Fixed Telecommunication Network as referred to in Annex 10 to the Chicago Convention; (c) the flight plan submitted to air traffic control by the pilot in command of the aircraft; and (d) an invoice, being an invoice containing a printout of computerised records of each flight to which the invoice relates. Part 19 --Miscellaneous CIVIL AVIATION REGULATIONS 1988 - REG 297A Review of decisions Decisions made by CASA (1) An application may be made to the Administrative Appeals Tribunal for the review of a decision of CASA mentioned in table 297A. Table 297A Reviewable decisions Item A decision... 1 under regulation 30A refusing to approve a change to a certificate of approval 2 under regulation 33B: (a) refusing to issue an airworthiness authority; or (b) issuing an airworthiness authority subject to conditions 3 under regulation 33D refusing to grant an aircraft welding authority 4 under regulation 33G refusing to renew an aircraft welding authority 5 under regulation 33H refusing to approve a change to an aircraft welding authority 6 under regulation 33I imposing a condition on an aircraft welding authority 7 under regulation 42M refusing to approve a system of maintenance 8 under regulation 42R refusing to approve a change to an approved system of maintenance 9 under regulation 42R modifying a change to an approved system of maintenance and approving the modified change 10 under regulation 42ZG refusing to approve a system of certification of completion of maintenance 11 under regulation 42ZK refusing to approve a change to a system of certification of completion of maintenance 12 under regulation 42ZS: (a) refusing to grant an exemption from, or a variation of, a requirement to which Division 7 of Part 4A applies; or (b) granting or approving the exemption or variation subject to conditions 13 under regulation 42ZW: (a) refusing to approve the appointment of a person as a maintenance controller; or (b) approving the appointment of a person as a maintenance controller subject to conditions 14 under regulation 42ZX suspending or cancelling the approval of a person's appointment as a maintenance controller 15 under regulation 5.14 refusing to issue or renew a balloon flight crew rating 16 under regulation 5.20 revoking a person's approval to give balloon flying training for the issue of a balloon flight crew rating 18 under regulation 5.23 refusing to issue a balloon class endorsement (within the meaning given by subregulation 5.01(1)) 22 under regulation 5.58 revoking an approval of a person's appointment as a chief balloon flying instructor 24 under regulation 135A refusing to issue a special flight authorisation 25 under regulation 181G refusing to approve an application for an RVSM airworthiness approval 26 under regulation 181I suspending an RVSM airworthiness approval 27 under regulation 181J cancelling an RVSM airworthiness approval 28 under regulation 181M refusing to approve an application for an RVSM operational approval 29 under regulation 181O suspending an RVSM operational approval 30 under regulation 181P cancelling an RVSM operational approval 31 under regulation 262AN refusing to approve an organisation to administer the operation of limited category aircraft engaged in a special purpose operation mentioned in subregulation 21.189(3) of CASR 32 under regulation 265 suspending a licence or authority (within the meaning given by subregulation 263(1)) 33 under regulation 269 varying, suspending or cancelling an approval, authority, certificate or licence (within the meaning given by subregulation 263(1)) 34 under subregulation 298A(4) that CASA is satisfied that a person has committed an act mentioned in subregulation 298A(1) Decisions made by authorised persons (2) An application may be made to the Administrative Appeals Tribunal for the review of a decision that is: (a) mentioned in item 7, 8, 11 or 12 of table 297A; and (b) made by a person who is an authorised person for the provision under which the decision is made. Note 1: Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person, whose interests are affected by the decision, notice of: (a) the making of the decision; and (b) the person's right to have the decision reviewed. Note 2: A decision mentioned in this regulation that is made by a delegate of CASA is reviewable under this regulation: see subsection 25(3A) of the Administrative Appeals Tribunal Act 1975. CIVIL AVIATION REGULATIONS 1988 - REG 298A Cheating by examination candidates (1) CASA may give written notice to a person who attempted a prescribed examination if it believes on reasonable grounds that the person has committed any of the following acts without CASA's permission: (a) copied any part of the examination paper; (b) removed: (i) any part of the examination paper; or (ii) a copy of any part of the examination paper; from the place where the person attempted the examination; (c) given to another person: (i) any part of the examination paper; or (ii) a copy of any part of the examination paper; or (iii) any information about the questions contained in the examination paper, being information that might give anyone an unfair advantage in the examination; (d) before the examination--knowingly received from another person, or otherwise knowingly obtained possession of: (i) any part of the examination paper; or (ii) a copy of any part of the examination paper; or (iii) any information about the questions contained in the examination paper, being information that might give the person an unfair advantage in the examination; (e) before or during the examination--knowingly received from another person, or otherwise knowingly obtained possession of: (i) any part of the model answer; or (ii) a copy of any part of the model answer; or (iii) any information about the content of the model answer; (f) during the examination: (i) helped another person to complete any part of the examination; or (ii) received help from another person to complete any part of the examination; or (iii) used any material or aid that CASA does not permit to be used; or (iv) read the examination work of another person attempting the examination; (g) caused or assisted the commission of, or attempted, any act referred to in paragraph (a), (b), (c), (d), (e) or (f). Note: For definitions of expressions used in this subregulation see subregulation (8). (2) CASA must set out in a notice under subregulation (1): (a) the act which CASA believes the person has committed; and (b) the grounds for the belief. (3) If CASA notifies a person under subregulation (1), the person may, within the period of 14 days after the day on which the person received the notice, make reasonable representations to CASA explaining why the person believes that he or she has not committed the act mentioned in the notice. (4) If: (a) CASA notifies a person under subregulation (1); and (b) the period of 14 days after the day on which the person received the notice has ended; and (c) after taking into account any representations, CASA is satisfied that the person has committed the act mentioned in the notice; CASA must notify the person of its decision. Note: Regulation 297A provides that a decision by CASA that it is satisfied as mentioned in subregulation 298A(4) is reviewable by the Administrative Appeals Tribunal. (5) If CASA notifies a person under subregulation (4), the person: (a) is taken not to have passed the examination; and (b) is not permitted to attempt any prescribed examination for a period of one year from the day of the first-mentioned examination. (6) For the purposes of subregulation (1), a person attempts a written examination if the person: (a) attends the place where the examination is held at any time during the examination; and (b) receives the examination paper, or any part of it, from the person conducting the examination. (7) For the purposes of subregulation (1), a person attempts a practical examination if the person: (a) attends the place where the examination is held; and (b) begins carrying out an activity required by the examination. (8) In this regulation: " authorisation " means an airworthiness authority or an aircraft welding authority. " certificate " means: (a) a certificate under Division 3 of Part 4; or (b) a certificate under Part 8; or (c) a certificate of validation; or (d) a CAR certificate of validation within the meaning of subregulation 5.01(1). " endorsement " means: (a) an endorsement under Division 3 of Part 4; or (b) a flight crew endorsement; or (ba) a balloon class endorsement within the meaning of subregulation 5.01(1); or (c) an endorsement under Part 65 of CASR. " examination paper " means all of the documents provided by the person conducting a written examination to persons attempting the examination. " licence " means: (a) a licence under Division 3 of Part 4; or (b) a flight crew licence; or (ba) a balloon flight crew licence within the meaning of subregulation 5.01(1); or (c) a licence under Part 65 of CASR. " model answer ", in relation to an examination, means a document which sets out the correct, or suggested, answers to the questions set out in the examination paper. " practical examination " means an examination that requires a person to demonstrate his or her ability to carry out a particular activity to a particular standard. " prescribed examination " means an examination conducted for the purpose of the issue or renewal of a licence, certificate, authorisation, rating or endorsement. " rating " means: (a) a flight crew rating; or (aa) a balloon flight crew rating within the meaning of subregulation 5.01(1); or (b) a rating under Part 65 of CASR. " written examination " means an examination that requires answers to be given in writing and includes an examination that sets out multiple choice answers to each question. CIVIL AVIATION REGULATIONS 1988 - REG 298B Examination misconduct by persons other than examination candidates (1) Without the approval of CASA, a person, other than an examination candidate to whom subregulation 298A(1) applies, must not: (a) copy any part of an examination paper or model answer; or (b) give to any person: (i) any part of an examination paper or model answer; or (ii) a copy of any part of an examination paper or model answer; or (iii) any information about the questions contained in an examination paper, being information that might give anyone an unfair advantage in an examination; or (iv) any information about the content of a model answer; or (c) receive from any person, or otherwise obtain possession of: (i) any part of an examination paper or model answer; or (ii) a copy of any part of an examination paper or model answer; or (iii) any information about the questions contained in an examination paper, being information that might give anyone an unfair advantage in an examination; or (iv) any information about the content of a model answer; or (d) help another person to complete any part of an examination during the examination; or (e) cause or assist the commission of, or attempt, any act referred to in paragraph (a), (b), (c) or (d). Penalty: 50 penalty units. (1A) Strict liability applies to paragraphs (1)(a), (b) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. (2) In this regulation: " examination paper " has the same meaning as in regulation 298A. " model answer " has the same meaning as in regulation 298A. CIVIL AVIATION REGULATIONS 1988 - REG 298C Personation at examinations (1) A person must not personate an examination candidate at a prescribed examination. Penalty: 50 penalty units. (2) If a person is charged with an offence against subregulation (1), both the personator and the candidate are taken not to have passed the examination. (3) If a person is charged with an offence against subregulation (1): (a) the personator; and (b) unless CASA is satisfied that the personation took place without the candidate's knowledge or consent--the candidate; are not permitted to attempt any prescribed examination: (c) unless the person is acquitted of the offence; or (d) unless the charge is withdrawn; or (e) until a period of one year has passed from the date of the examination to which the charge related; whichever happens first. (4) In spite of subregulation (2), if: (a) a person who attempted an examination is charged with an offence against subregulation (1); and (b) either: (i) the person is acquitted of that offence; or (ii) the charge is withdrawn; and (c) the mark obtained by the person in the examination is more than, or equal to, the pass mark for the examination; the person is taken to have passed the examination. (5) In this regulation: offence against subregulation (1) includes: (a) an offence against section 11.1 or 11.4 of the Criminal Code in relation to an offence against that subregulation; and (b) an offence against subregulation (1) because of the operation of section 11.2 or 11.3 of the Criminal Code. (6) In this regulation: " personator " means a person alleged to have personated a candidate. " prescribed examination " has the same meaning as in regulation 298A. CIVIL AVIATION REGULATIONS 1988 - REG 298D Person not permitted to sit examination until Tribunal decides (1) If a person applies under subregulation 297A(2) for review of CASA's decision that it is satisfied as mentioned in subregulation 298A(4), the person is not permitted to attempt any prescribed examination: (a) unless the Administrative Appeals Tribunal decides the application in favour of the applicant; or (b) until a period of one year passes from the date of the examination to which the application relates; whichever happens first. (2) In this regulation: " prescribed examination " has the same meaning as in regulation 298A. CIVIL AVIATION REGULATIONS 1988 - REG 298E Sitting examination when not permitted (1) If: (a) a person is not permitted to attempt a prescribed examination because of subregulation 298A(5), 298C(3) or 298D(1); and (b) the person attempts a prescribed examination; the person is taken not to have passed the examination. (2) In this regulation: " prescribed examination " has the same meaning as in regulation 298A. CIVIL AVIATION REGULATIONS 1988 - REG 299 Further examination of holders of flight crew licences etc. (1) This regulation applies to the holder of any of the following: (a) a flight crew licence, rating or endorsement; (b) a certificate of validation; (c) any of the following within the meaning of subregulation 5.01(1): (i) a balloon class endorsement; (ii) a balloon flight crew rating; (iii) a CAR certificate of validation; (iv) a commercial (balloon) pilot licence; (v) a flight radiotelephone operator licence. (2) If CASA considers it necessary in the interests of the safety of air navigation, CASA may give the holder a notice in writing: (a) requiring the holder to undertake an examination specified by CASA to demonstrate that the holder continues to possess the aeronautical skills and aeronautical knowledge appropriate to the licence, rating, endorsement or certificate; and (b) setting out the reasons for CASA's decision; and (c) setting out the time and place of the examination. Note: A decision to require a person to undertake an examination is reviewable by the Administrative Appeals Tribunal: see regulation 297A. (3) CASA must not set out a time under paragraph (2)(c) that is within 21 days after the date of the notice. (4) A person who is given a notice under subregulation (2) commits an offence if the person: (a) refuses to undertake an examination; or (b) fails to attend at the time and place set out in the notice. Penalty: 50 penalty units. (5) An offence against this regulation is an offence of strict liability. CIVIL AVIATION REGULATIONS 1988 - REG 301 Surrender of documents (1) The holder of a licence, certificate or other document issued, or required to be kept, under these Regulations, or a person having the custody of a licence, certificate or other document issued, or required to be kept, under these Regulations, shall, if CASA by notice in writing so requires, surrender the licence, certificate or document to CASA within such time as is specified in the notice. Penalty: 5 penalty units. (1A) In subregulation (1), a reference to a document that is required to be kept under these Regulations includes a document that is required to be kept under: (a) a Civil Aviation Order; or (b) a Manual of Standards; or (c) another document that is required to be kept under these Regulations. (2) A person must not engage in conduct that results in the destruction, mutilation or defacement of a document that the person is required to surrender to CASA. Penalty: 10 penalty units. (3) An offence against subregulation (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 302 Production of licences (1) Any person required under these Regulations to be the holder of a licence, other than a flight crew licence, shall, on demand by an authorised person, produce the licence for inspection by the authorised person. Penalty: 5 penalty units. (2) The owner or pilot in command of any aircraft shall, on demand, produce or cause to be produced for inspection by an authorised person, any certificates, licences, log books or other documents relating to the aircraft and, if it carries passengers or cargo, the list of names of the passengers or the bills of lading and the manifest, as the case may be. Penalty: 5 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. CIVIL AVIATION REGULATIONS 1988 - REG 303 Conditions subject to which licences or certificates are granted (1) Wherever CASA is empowered under these Regulations to grant or issue a licence or certificate upon or subject to conditions, CASA may, unless the contrary intention appears, specify and notify in Civil Aviation Orders any such conditions that are to be of general application to a specified class of licences or certificates (which may include licences or certificates granted or issued before the notification) and any conditions so notified shall be deemed to be conditions of every licence or certificate of that class. (2) In this regulation: " licence "includes: (a) a flight crew rating or endorsement; or (b) a balloon flight crew rating or balloon class endorsement within the meaning of subregulation 5.01(1). CIVIL AVIATION REGULATIONS 1988 - REG 304 Directions and instructions--section 23 of the Act (1) CASA may give or issue directions or instructions to all or any of the persons holding permissions under section 23 of the Act, being directions or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft. (2) A person must not contravene a direction or instruction. 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. CIVIL AVIATION REGULATIONS 1988 - REG 305 Access of authorised persons (1) Subject to any aviation security requirements, an authorised person shall, at all reasonable times, have access to any place to which access is necessary for the purpose of carrying out any powers and functions vested in him or her in pursuance of these Regulations, and, in particular: (a) must have access at all times to an aerodrome for the purpose of inspecting the aerodrome; and (b) must have access at all times during working hours to: (i) premises at which an activity authorised by a civil aviation authorisation is being carried out; and (ii) any documents or drawings associated with the activity; and (c) shall, at all reasonable times, have access to any aircraft for the purpose of inspecting the aircraft. (1A) A person must not prevent, or hinder, access by an authorised person to any place to which access is necessary for the purpose of carrying out any of the authorised person's powers or functions under these Regulations. Penalty: 50 penalty units. (1B) An offence against subregulation (1A) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) An authorised person must produce his or her identity card for inspection: (a) while acting as an authorised person; and (b) if asked to do so by the occupier or person in charge, or apparently in charge, of the place or thing to which access is sought. (3) Where an authorised person: (a) is acting as an authorised person; and (b) seeks or is allowed access to a place or thing specified in subregulation (1); and (c) fails to produce his or her identity card for inspection when asked to do so; that person is not authorised to access under that subregulation and, if access has been given to that person, that access is to be terminated. CIVIL AVIATION REGULATIONS 1988 - REG 306 Liability for damage to aircraft during official tests CASA or an officer shall not be liable for any loss or damage to an aircraft which occurs while the aircraft is in the custody of CASA for the purpose of official flying trials or other official tests, or in the course of transit to and from the place fixed for those trials or tests, or during any inspection by an officer in pursuance of these Regulations. CIVIL AVIATION REGULATIONS 1988 - REG 309 Powers of pilot in command (1) The pilot in command of an aircraft, with such assistance as is necessary and reasonable, may: (a) take such action, including the removal of a person from the aircraft or the placing of a person under restraint or in custody, by force, as the pilot considers reasonably necessary to ensure compliance with the Act or these Regulations in or in relation to the aircraft; and (b) detain the passengers, crew and cargo for such period as the pilot considers reasonably necessary to ensure compliance with the Act or these Regulations in or in relation to the aircraft. (2) A person who, on an aircraft in flight, whether within or outside Australian territory, is found committing, or is reasonably suspected of having committed, or having attempted to commit, or of being about to commit, an offence against the Act or these Regulations may be arrested without warrant by a member of the crew of the aircraft in the same manner as a person who is found committing a felony may, at common law, be arrested by a constable and shall be dealt with in the same manner as a person so arrested by a constable. CIVIL AVIATION REGULATIONS 1988 - REG 309A Instructions about activities on board aircraft (1) Subject to subregulation (2), the operator, or pilot in command, of an Australian aircraft may give an instruction, either orally or in writing, prohibiting or limiting the doing of an act on board the aircraft during flight time in the aircraft. (2) The operator, or pilot in command, must not give an instruction unless he or she is satisfied on reasonable grounds that the instruction is necessary in the interests of the safety of air navigation. (3) An instruction does not bind a person unless it is communicated to the person. (4) A person who is bound by an instruction must comply with the instruction. 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. (6) It is a defence to a prosecution under subregulation (4) if the person 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). Part 20 --Transitional provisions CIVIL AVIATION REGULATIONS 1988 - REG 311 Transitional (1) If: (a) an instrument (other than an Air Navigation Order or an instrument delegating powers or functions) made, granted or issued by a person under or for the purposes of a provision of the Air Navigation Regulations 1947 (the ANR) was in effect immediately before 30 June 1988; and (b) that provision is one to which a provision of these Regulations corresponds; the instrument continues to have effect on and after that day as if it had been made, granted or issued by the appropriate person under or for the purposes of that corresponding provision. (2) If: (a) an Air Navigation Order issued under the ANR for the purposes of a provision of those Regulations was in effect immediately before 30 June 1988; and (b) that provision is one to which a provision of these Regulations corresponds; the Air Navigation Order continues to have effect on and after that day as if it had been issued by CASA for the purposes of that corresponding provision. (3) If: (a) any act done, step taken or decision made (not being the making, granting or issuing of an instrument) by a person under or for the purposes of a provision of the ANR was in effect immediately before 30 June 1988; and (b) that provision is one to which a provision of these Regulations corresponds; the act, step or decision continues to have effect on and after that day as if it had been done, taken or made by the appropriate person under or for the purposes of that corresponding provision. (4) An Air Navigation Order referred to in subregulation (2) is, in its operation on and after 30 June 1988, taken to be a Civil Aviation Order. (5) If any act done, step taken or decision made by a person under or for the purposes of an Air Navigation Order referred to in subregulation (2) was in effect immediately before 30 June 1988, the act, step or decision continues to have effect on and after that day as if it had been done, taken or made by the appropriate person under or for the purposes of that Air Navigation Order as continued in effect after that day as a Civil Aviation Order. (6) In an instrument (including an Air Navigation Order) that, by virtue of this regulation, continues to have effect in the manner provided in this regulation: (a) a reference to the Secretary to the Department is to be read as a reference to CASA; and (b) a reference to the Department (other than a reference mentioned in paragraph (a)) is to be read as a reference to CASA; and (c) a reference to a provision of the Air Navigation Act 1920 is to be read as a reference to the corresponding provision of the Act; and (d) a reference to a provision of the ANR shall be read as a reference to the corresponding provision of these Regulations; and (e) a reference to an Air Navigation Order that, by virtue of this regulation, continues to have effect as a Civil Aviation Order is to be read as a reference to that Civil Aviation Order. CIVIL AVIATION REGULATIONS 1988 - REG 312 Definition In this Part: " original regulations "means these Regulations as in force immediately before 1 October 1998. CIVIL AVIATION REGULATIONS 1988 - REG 313 Transitional: certificates of type approval (3) A certificate of type approval for an aircraft component (other than an aircraft engine or propeller) that was in force under regulation 22 immediately before 1 October 1998 continues in force, and has the effect it would have if the original regulations were still in force. (4) A certificate of type approval continued in force under this regulation remains subject to any condition to which it was subject immediately before 1 October 1998. (5) If the suspension of a certificate of type approval continued in force under this regulation was in force under regulation 22D immediately before 1 October 1998, the suspension continues as if the original regulations were still in force. (6) If an application for a certificate of type approval for an aircraft component (other than an aircraft engine or propeller) was made before 1 October 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force. (8) The original regulations apply as if they were still in force to a certificate of type approval for an aircraft component (other than an aircraft engine or propeller) issued on an application mentioned in subregulation (6). CIVIL AVIATION REGULATIONS 1988 - REG 314 Transitional: certificates of airworthiness (5) If an application for the validation of a certificate of airworthiness issued by the appropriate authority of a Contracting State was made before 1 October 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force. CIVIL AVIATION REGULATIONS 1988 - REG 315 Transitional: suspension of a certificate of airworthiness If the suspension of a certificate of airworthiness was in force under regulation 26 immediately before 1 October 1998, the suspension continues as if the original regulations were still in force. CIVIL AVIATION REGULATIONS 1988 - REG 317 Transitional: permission to fly (1) A permission to fly that was in force under subregulation 134(1) immediately before 1 October 1998 continues in force, and has the effect that it would have if the original regulations were still in force, until the earlier of: (a) the expiry or cancellation of the permission; or (b) 30 September 1999. (2) A direction given under subregulation 134(2) or (3) in relation to a permission to fly that is in force under subregulation (1) continues in force while the permission to fly is in force. CIVIL AVIATION REGULATIONS 1988 - REG 318 Transitional: certificates of approval (1) A certificate of approval for the manufacture of aircraft, aircraft components or aircraft materials that was in force under regulation 30 on 30 November 1998: (a) continues in force for 5 years after 30 November 1998; and (b) has the effect during that period that it would have if the original regulations were still in force; and (c) for Subparts 21.H and 21.L of CASR--has the same effect during that period as a production certificate issued under regulation 21.134 of CASR. (2) A certificate of approval for manufacture continued in force under subregulation (1) remains subject to any condition to which it was subject immediately before 1 December 1998. (3) If an application for a certificate of approval for the manufacture of aircraft, aircraft components or aircraft materials was made under subregulation 30(1) before 1 December 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force. (4) If a request under regulation 30A for approval of a proposed change to any of the particulars stated in a certificate that has been continued under subregulation (1) was made before 1 December 1998 but CASA had not decided the request before that day, CASA must deal with the request as if the original regulations were still in force. CIVIL AVIATION REGULATIONS 1988 - REG 319 Transitional: approval to manufacture amateur-built aircraft (1) An approval to manufacture an amateur-built aircraft that was in force under subparagraph 24(2)(b)(ii) immediately before 1 December 1998 continues in force, and has the effect that it would have if the original regulations were still in force. (2) An approval continued in force under subregulation (1) remains subject to any condition to which it was subject immediately before 1 December 1998. (3) If an application for approval to manufacture an amateur-built aircraft mentioned in subparagraph 24(2)(b)(ii) was made before 1 December 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force. CIVIL AVIATION REGULATIONS 1988 - REG 320 Transitional: suspension of certificate of approval If the suspension of a certificate of approval for manufacture was in force under regulation 265, 268 or 269 immediately before 1 December 1998, the suspension continues as if the original regulations were still in force. CIVIL AVIATION REGULATIONS 1988 - REG 321 Transitional: notices of events A notice under regulation 30B that was in force immediately before 1 December 1998 continues in force, and has the effect that it would have if the original regulations were still in force. CIVIL AVIATION REGULATIONS 1988 - REG 323AA Transitional--certain directions under regulation 166 A direction issued by CASA in accordance with subparagraph 166(1)(d)(i) as in force immediately before the commencement of this regulation has effect after the commencement as if it were a direction issued for subparagraph 166(2)(e)(i) of CAR as in force on and from the commencement of this regulation. CIVIL AVIATION REGULATIONS 1988 - REG 323A Transitional--determinations under regulation 178 (1) A determination under paragraph 178(1)(b) of the old regulations that was in force immediately before 1 October 2003 has effect on and after that day as if it were a determination under subregulation 178(6) of the amended regulations. (2) A determination under subregulation 178(5) of the old regulations that was in force immediately before 1 October 2003 has effect after that day as if it were a determination under subregulation 178(6) of the amended regulations. (3) In this regulation: " amended regulations " means CAR as in force and as amended on and after 1 October 2003. " old regulations " means CAR as in force immediately before 1 October 2003. CIVIL AVIATION REGULATIONS 1988 - REG 324 Transitional: certain warnings (1) The requirement in paragraph 262AM(4)(c) is taken to be complied with if a placard bearing the warning stated in subregulation 262AM(6) (as in force immediately before 1 December 1999): (a) is displayed in accordance with paragraph 262AM(4)(c); and (b) was so displayed immediately before 1 December 1999. (2) The requirement in paragraph 262AP(8)(c) is taken to be complied with if a placard bearing the warning stated in subregulation 262AP(9) (as in force immediately before 1 December 1999): (a) is displayed in accordance with paragraph 262AP(8)(c); and (b) was so displayed immediately before 1 December 1999. CIVIL AVIATION REGULATIONS 1988 - REG 325 References to Parts, Divisions or Subdivisions renumbered by Civil Aviation Amendment Regulations 1999 (No. 6) A reference in an instrument made before 22 December 1999 to a Part, Division or Subdivision renumbered by the Civil Aviation Amendment Regulations 1999 (No. 6) is a reference to the Part, Division or Subdivision as so renumbered. CIVIL AVIATION REGULATIONS 1988 - REG 328 Application of Part 4A to aircraft Part 4A does not apply to an aircraft to which Part 42 of CASR applies. CIVIL AVIATION REGULATIONS 1988 - REG 330 Application of Part 4B to aircraft Subject to regulation 331, Part 4B does not apply to an aircraft: (a) to which Part 42 of CASR applies; and (b) for which maintenance services are being provided by a Part 145 organisation. CIVIL AVIATION REGULATIONS 1988 - REG 331 Application of Part 4B to Part 145 organisations--dealing with defects If: (a) a person who is the holder of a certificate of approval that covers maintenance for an aircraft makes a report to CASA under regulation 51, 51A or 52 in relation to a defect in the aircraft; and (b) after making the report, the person becomes a Part 145 organisation; Part 4B continues to apply to the person in relation to the defect. CIVIL AVIATION REGULATIONS 1988 - REG 332 Application of regulation 133 to aircraft Paragraphs 133(1)(c) and (d) do not apply to an aircraft to which Part 42 of CASR applies. CIVIL AVIATION REGULATIONS 1988 - REG 333 Certain civil aviation authorisations not affected by substitution of Part 5 on 1 September 2014 (1) Subregulation (2) applies to a balloon-related civil aviation authorisation issued under Part 5 if the authorisation was in force immediately before 1 September 2014. (2) Despite the substitution of Part 5 on 1 September 2014, the authorisation continues in force according to its terms as if the substitution had not occurred. (3) Subregulation (4) applies to a balloon-related civil aviation authorisation if the authorisation was under suspension immediately before 1 September 2014. (4) Despite the substitution of Part 5 on 1 September 2014, the authorisation is not repealed, and its suspension continues according to its terms, as if the substitution had not occurred. CIVIL AVIATION REGULATIONS 1988 - REG 334 Civil Aviation Orders for Part 5--balloons (1) This regulation applies to a Civil Aviation Order made under a provision mentioned in subregulation (2) if the Order: (a) was in force immediately before 1 September 2014; and (b) related to balloons. (2) For subregulation (1) the provisions are the following: (a) regulation 5.14; (b) regulation 5.17; (c) regulation 5.19; (d) regulation 5.20; (e) regulation 5.52; (f) regulation 5.58; (g) regulation 5.59. (3) Despite the substitution of Part 5 on 1 September 2014, the Civil Aviation Order continues in force according to its terms to the extent that it relates to balloons as if the substitution had not occurred. CIVIL AVIATION REGULATIONS 1988 - REG 335 Civil Aviation Orders--flight time limitations (1) This regulation applies to a Civil Aviation Order made under regulation 5.55 if the Order was in force immediately before 1 September 2014. (2) The Civil Aviation Order continues in force according to its terms as if it had been made on 1 September 2014 under regulation 210A. CIVIL AVIATION REGULATIONS 1988 - REG 336 References to certification of completion of maintenance and authorised release certificates (regulation 42W) (1) For paragraphs 42W(4)(a) and (b), a reference to the completion of maintenance being certified in accordance with regulation 42ZE or 42ZN is taken to include a reference to a certificate of release to service having been issued for the maintenance. (2) For paragraphs 42W(4)(d) and (e), a reference to an authorised release certificate is taken to include, for a component on which maintenance has been carried out under CASR, a reference to a certificate of release to service for the component in relation to the maintenance that is issued under Division 42.H.4 of CASR and is in the approved form. CIVIL AVIATION REGULATIONS 1988 - REG 337 Application of regulation 214 (Training of maintenance personnel) Regulation 214 does not apply to an operator in relation to an aircraft for which a Part 145 organisation is: (a) providing maintenance services; or (b) undertaking CAR maintenance activities. CIVIL AVIATION REGULATIONS 1988 - REG 338 Definition of approved system of certification of completion of maintenance The definition of approved system of certification of completion of maintenance in subregulation 2(1) is taken to include, for a Part 145 organisation that is approved to undertake CAR maintenance activities, the system of certification of completion of maintenance set out in the organisation's exposition. CIVIL AVIATION REGULATIONS 1988 - REG 339 Compliance with regulation 42G (Flight control system: additional requirements) A Part 145 organisation that carries out maintenance to which regulation 42G applies is taken to have complied with that regulation in relation to the maintenance if the organisation: (a) is approved to undertake CAR maintenance activities for the aircraft on which the maintenance is carried out; and (b) carries out the maintenance in accordance with Division 42.D.5 (Requirements for independent inspection of critical control system maintenance) of CASR. CIVIL AVIATION REGULATIONS 1988 - REG 340 Compliance with Division 4 of Part 4A (How maintenance is to be carried out) A Part 145 organisation that carries out maintenance on an aircraft is taken to have complied with Division 4 of Part 4A in relation to the maintenance if the organisation: (a) is approved to undertake CAR maintenance activities for the aircraft; and (b) carries out the maintenance in accordance with Divisions 42.D.4 (Requirements for carrying out maintenance) and 42.E.3 (Requirements for controlling unserviceable and unsalvageable parts) of CASR. CIVIL AVIATION REGULATIONS 1988 - REG 341 Who may carry out maintenance for regulation 42ZC (Maintenance on Australian aircraft in Australian territory) (1) Subregulation 42ZC(3) is taken to permit the following persons to carry out maintenance on a class A aircraft in Australian territory: (a) a Part 145 organisation that is approved to undertake CAR maintenance activities for the aircraft; (b) an individual carrying out maintenance on behalf of a Part 145 organisation that is approved to undertake CAR maintenance activities for the aircraft. (2) Subregulation 42ZC(4) is taken to permit the following persons to carry out maintenance on a class B aircraft in Australian territory: (a) a Part 145 organisation that is approved to undertake CAR maintenance activities for the aircraft; (b) an individual carrying out maintenance on behalf of a Part 145 organisation that is approved to undertake CAR maintenance activities for the aircraft. CIVIL AVIATION REGULATIONS 1988 - REG 342 Application of regulations 42ZF to 42ZM (which deal with approved systems of certification of completion of maintenance) Regulations 42ZF to 42ZM do not apply to a Part 145 organisation that is approved to undertake CAR maintenance activities. Note: For an approved system of certification of completion of maintenance for a Part 145 organisation that is approved to undertake CAR maintenance activities, see regulation 338. CIVIL AVIATION REGULATIONS 1988 - REG 343 Compliance with Part 4B (Defect reporting) A Part 145 organisation that carries out maintenance on an aircraft is taken to have complied with Part 4B in relation to a defect in the aircraft if the organisation: (a) is approved to undertake CAR maintenance activities for the aircraft; and (b) complies with Subdivision 42.D.6.2 (Reporting defects) of CASR in relation to the defect. CIVIL AVIATION REGULATIONS 1988 - SCHEDULE 5 CASA maintenance schedule (subregulation 2(1), definition of CASA maintenance schedule) Part 1 --Daily inspection 1.1 An inspection (in this Part called a daily inspection) must be carried out on the aircraft before the aircraft's first flight on each day on which the aircraft is flown. 1.2 A daily inspection must consist of the making of such of the checks set out in the table at the end of this Part as are applicable to the aircraft. Table of checks included in a daily inspection Section 1 General (1) Check that the ignition switches are off, the mixture control is lean or cut off, the throttle is closed and the fuel selector is on. (2) Check that the propeller blades are free from cracks, bends and detrimental nicks, that the propeller spinner is secure and free from cracks, that there is no evidence of oil or grease leakage from the propeller hub or actuating cylinder and that the propeller hub, where visible, has no evidence of any defect which would prevent safe operation. (3) Check that the induction system and all cooling air inlets are free from obstruction. (4) Check that the engine, where visible, has no fuel or oil leaks and that the exhaust system is secure and free from cracks. (5) Check that the oil quantity is within the limits specified by the manufacturer for safe operation and that the oil filler cap, dipstick and inspection panels are secure. (6) Check that the engine cowlings and cowl flaps are secure. (7) Check that the landing gear tyres are free from cuts or other damage, have no plies exposed and, by visual inspection, are adequately inflated. (8) Check that the landing gear oleo extensions are within normal static limits and that the landing gear doors are secure. (9) Check that the wing and fuselage surfaces are free from damage and that the inspection panels, flight control surfaces and flight control devices are secure. (10) Check that the interplane and centre section struts are free from damage and that the bracing wires are of the correct tension. (11) Check that the pitot heads and static ports are free from obstruction and that the pitot cover is removed or is free to operate. (12) Check that the fuel tank filler caps, chains, vents and associated access panels are secure and free from damage. (13) Check that the empennage surfaces are free from damage and that the control surfaces control cables and control rods, where visible, are secure. (14) Check that the canard surfaces are free from damage and that the control surfaces, control cables and control rods, where visible, are secure. (15) Check that the flight controls, the trim systems and the high lift devices operable from the ground have full and free movement in the correct sense. (16) Check that the radios and antennae are secure and that where visible, radio units and interwiring are secure. (17) Check that the drain holes are free from obstruction. (18) Check that there is no snow, frost or ice on the wings, tail surfaces, canards, propeller or windscreen. (19) Check that each tank sump and fuel filter is free from water and foreign matter by draining a suitable quantity of fuel into a clean transparent container. (20) Check that the windscreen is clean and free from damage. (21) Check that the instruments are free from damage, legible and secure. (22) Check that the seat belts, buckles and inertia reels are free from damage, secure and functioning correctly. Section 2 Additional items for agricultural aeroplanes (1) Check that the agricultural equipment is secure. (2) Check that the dump and fan brake mechanisms are free from obstructions and operate correctly. Section 3 Additional items for seaplanes (1) Check that the hull and floats are free from damage, corrosion and water accumulation. (2) Check that the float attachment struts, bracing wires and attachment fittings are secure and free from damage and corrosion. (3) Check that the water rudder and its attachments are secure and free from damage and corrosion and that the water rudder has full, free and correct travel. Part 2 --Periodic inspection 2.1 Subject to paragraph 2.2, an inspection (in this Part called a periodic inspection) must consist of the taking of the actions set out in the table at the end of this Part as applicable to the aircraft. 2.2 The holder of a certificate of registration for a class B aircraft may elect to have a section or sections of the periodic inspection carried out on the aircraft at a different time from the other sections. 2.3 A periodic inspection must be carried out on a private aircraft within the period of 1 year from: (a) the day on which the aircraft's current certificate of airworthiness was issued; or (b) the day on which the most recent general maintenance inspection on the aircraft was completed; whichever is the later. 2.4 Subject to paragraph 2.5, a periodic inspection must be carried out on a class B aircraft that is not a private aircraft within whichever of the following periods expires first: (a) one year from: (i) the day on which the aircraft's current certificate of airworthiness was issued; or (ii) the day on which the most recent general maintenance inspection on the aircraft was completed; whichever is the later; (b) the aircraft has been in service for 100 hours since: (i) the aircraft's current certificate of airworthiness was issued; or (ii) the most recent general maintenance inspection on the aircraft was completed; whichever occurred later. 2.5 In spite of paragraph 2.4, if the holder of the certificate of registration for a class B aircraft that is not a private aircraft has elected under paragraph 2.2 to have the sections of the periodic inspection carried out on the aircraft at different times, the following provisions have effect: (a) the first carrying out of each section of the periodic inspection on the aircraft after the election is made must be carried out within whichever of the following periods expires first: (i) 18 months from: (A) the day on which the aircraft's current certificate of airworthiness was issued; or (B) the day on which the most recent general maintenance inspection on the aircraft was completed; whichever is the later; (ii) the aircraft has been in service for 150 hours since: (A) the aircraft's current certificate of airworthiness was issued; or (B) the most recent general maintenance inspection on the aircraft was completed; whichever occurred later; (b) each subsequent carrying out of each section of the periodic inspection must be carried out within whichever of the following periods expires first: (i) the aircraft has been in service for 100 hours since the section concerned was most recently carried out on the aircraft; (ii) 1 year from the day on which the section concerned was most recently carried out on the aircraft. 2.6 In this Part: " general maintenance inspection " means a regular inspection and check of a class B aircraft, its systems and components that: (a) is required by the aircraft's maintenance schedule to be carried out at regular intervals; and (b) is not required to be carried out before the aircraft's first flight on each day on which the aircraft is flown. " private aircraft " means an aircraft: (a) that is a class B aircraft; and (b) that has a maximum take off weight of 5700 kg or less; and (c) that is only used in private operations by: (i) the owner of the aircraft; or (ii) a person to whom the owner has provided the aircraft without receiving any remuneration from the person. 2.7 Unless otherwise indicated in the table, where the table requires a thing to be inspected, the inspection is to be a thorough check made to determine whether the thing will continue to be airworthy until the next periodic inspection. Table of actions included in a periodic inspection Section 1 The airframe (1) Check the external and internal required placards. Note: Reference should be made to the aircraft flight manual and airworthiness directives for the required placards. (2) Take the following action in relation to the mainplane and empennage (including canards) of the aircraft: (a) inspect the skins for evidence of wrinkles, buckles, sheared or loose rivets, corrosion, disbonds and general damage; (b) if the skin is fabric, check the strength of the fabric; (c) inspect the internal structures and spars; (d) inspect the lift struts, interplane struts, jury struts, spreaders, chafing discs and bracing wires; (e) inspect the flight control surfaces, slats, spoilers, tabs, flaps, mass balance weight attachments, hinge brackets, tracks and rollers; (f) inspect the flight control system bellcranks, push pull rods, torque tubes, cables, fairleads, turnbarrells and pulleys; (g) inspect the wing and empennage to fuselage attachments and surrounding structure; (h) lubricate as necessary. (3) Take the following action in relation to the fuselage: (a) inspect the fuselage skin for evidence of wrinkles, buckles, sheared or loose rivets, corrosion, disbonds and general damage; (b) inspect the areas around cut-outs (such as windows and inspection apertures) for cracks and inspect the sealing and fit of all doors and emergency exits; (c) inspect the interior; (d) inspect the strength of the fabric covering on surfaces; (e) inspect the internal structure; (f) inspect the locks, latches and hinges of doors, canopy, windows which may be opened and direct vision windows; (g) check that the windshields and windows are clean and free from crazing, cracking, discoloration, delamination and scratches; (h) inspect the seats, seat attachments, seat adjustment mechanisms, seat stops, seat belts, safety harnesses and inertia reels; (j) inspect the control wheels, control columns, rudder pedals, control levers, control system bellcranks, push pull rods, torque tubes and cables; (k) operate all trim controls through the complete range of travel and check them for correct trim position indication; (l) inspect the brake master cylinders, brake lines, reservoirs, parking brake linkage and mechanical brake system operating mechanisms; (m) check the cabin fire extinguisher for correct charge, legibility of operating instructions and condition of locking pin or seal and ensure that the extinguisher has not reached its expiry date; (n) inspect the heating and fresh air system ducting and outlets and the airflow control valves; (p) inspect the emergency and flotation equipment and ensure that the equipment has not reached its expiry date; (q) lubricate as necessary. (4) Jack the aircraft so that the landing gear is clear of the ground and take the following action: (a) inspect the undercarriage attachment to the airframe; (b) inspect the structural members, drag and side braces, compression members, oleo struts, bracing struts and torque links; (c) inspect the leaf or tube spring shock absorbing units and bungee rubber; (d) inspect the flexible hoses; (e) inspect the main wheels and tyres and the nose or tail wheels and tyres; (f) clean the wheel bearings, check that they are free from scoring and brinelling, re-lubricate them, re-install them and adjust the bearing pre-load; (g) inspect the brake linings or pads and the brake drums or discs; (h) inspect the brake lines and flexible hoses; (j) inspect the nosewheel or tailwheel steering mechanism and the shimmy dampener; (k) inspect the landing gear retraction mechanism, the door and the door operating linkage; (l) carry out an operational check of the landing gear and doors and ensure that the adjustment of downlocks, overcentre links, uplocks and spring tensions are within the manufacturer's specified limits; (m) lubricate as necessary. (5) Take the following action in relation to the fuel system: (a) inspect the fuel tanks (where visible), lines, drains, vents, signs, filler caps, filler cap securing chains or cables, filler cap seals and scupper drains; (b) inspect the fuel selector valves; (c) inspect the fuel selector valve operating linkage. (6) Take the following action in relation to the hydraulic system: (a) remove, clean, and refit the hydraulic system filter element, or if it is unserviceable, install a new filter element; (b) inspect the hydraulic system reservoirs, powerpack, accumulators, selector valves, hand pump, pipelines and flexible hoses. (7) Inspect the anti-icing and de-icing systems. (8) Inspect the air-conditioning evaporator, condenser and compressor and the air-conditioning ducting, pipelines and units. (9) Inspect the pressurisation control system and indication system. (10) Take the following additional action if the aircraft is used in agricultural operations: (a) inspect the hopper, hopper lid and fasteners, baffles and internal braces; (b) inspect the spreader, spreader gate and controls; (c) inspect the spray pump fan, fan mount, fan brake, spray pump lines, booms and boom supports; (d) inspect the emergency dump doors and dump controls. (11) Take the following additional action if the aircraft is a seaplane: (a) inspect the external covering and internal structure of the floats or hull; (b) drain the bilge compartments, refit and re-lock the drain plugs; (c) inspect the float attachment struts, bracing wires and attachment fittings; (d) inspect the water rudders, water rudder attachments and water rudder controls, operate and check them for full and free movement in the correct sense and for correct locking; (e) inspect the protective treatment and finish. Section 2 The engine (1) Check the external and internal required placards. Note: Reference should be made to the aircraft flight manual and airworthiness directives for the required placards. (2) Take the following action in relation to the cowls: (a) remove, clean and inspect the cowls, cowl flaps and fastenings. (3) Inspect, and record the compression of, each cylinder. (4) Take the following action in relation to the engine oil system: (a) drain the sump or tank and refit the plug and lockwire; (b) drain the oil cooler and refit and secure the hose; (c) either: (i) remove, inspect, clean and refit the pressure filter and lockwire; or (ii) remove, open and inspect the cartridge full flow filter and fit a new cartridge and lockwire; (d) inspect the oil cooler, oil temperature control valves, oil tank and attachment fittings; (e) inspect all oil lines, fittings, breather pipe and the oil cooler shutter; (f) refill the sump or tank with the recommended grade and quantity of oil. (5) Take the following action in relation to the ignition system: (a) remove the spark plugs, clean and inspect them, check the spark plug electrode gap, test the spark plugs and renew them if required; (b) inspect the spark plug high tension leads and ceramics; (c) inspect the magneto housing; (d) inspect the breaker compartment and cam follower; (e) inspect the breaker points for serviceability and check the breaker points gap, magneto engine timing and synchronisation; (f) inspect the switch and earth leads; (g) refit and torque the spark plugs; (h) refit the spark plug high tension leads. (6) Take the following action in relation to the fuel system: (a) place the fuel selector in the off position; (b) remove, inspect, clean and refit the fuel strainers and screens and lockwire; (c) drain and flush the carburettor fuel bowl and refit the plug and lockwire; (d) inspect the carburettor or fuel injection components; (e) inspect the throttle and mixture shafts; (f) inspect all fuel lines and fittings; (g) move the fuel selector from the off position; (h) inspect the auxiliary fuel pump for operation; (j) pressurise and purge the fuel system and inspect it for leaks. (7) Take the following action in relation to the induction system: (a) remove the air filters, clean them, inspect them and refit or renew them; (b) inspect the hot and alternate air systems for the integrity of seals and for serviceability of valves, shafts, bearings, magnets and hinges; (c) inspect the induction manifold and hoses. (8) Take the following action in relation to the exhaust system: (a) inspect the exhaust system; (b) remove the muffler shroud, inspect the muffler and refit the shroud; (c) inspect the muffler internally for security of baffle cones; (d) inspect the cabin heat flexible hoses. (9) Take the following action in relation to the engine cylinders and baffles: (a) inspect the cylinder assemblies; (b) inspect the cylinder base to the crankcase area; (c) inspect the rocker covers; (d) inspect the push rod housing seals. (10) Take the following action in relation to the crankcase, accessory housing and firewall: (a) inspect the engine for evidence of oil leakage; (b) inspect the accessories and drive belts; (c) inspect the engine mounts and engine mountbolts; (d) inspect the engine mount frame; (e) inspect the firewall, including seals and sealant. (11) Inspect the following controls for full and free movement in the correct sense: (a) throttle, mixture and propeller; (b) alternate air and carburettor heat; (c) engine bay fuel strainer controls; (d) oil cooler shutter and cowl flap; (e) turbocharger. (12) Take the following action in relation to the propeller: (a) inspect the propeller for static track; (b) inspect the propeller hub, spinner and backplate; (c) inspect the wooden propeller attachment bolts; (d) inspect the blades; (e) inspect the counterweights; (f) lubricate the propeller hub; (g) service the propeller hub with air. (13) Take the following action in relation to the turbocharger: (a) remove the heat shield and inspect the turbocharger housing for cracks and oil leaks from the inlet and outlet ports; (b) inspect the compressor and turbine wheel; (c) inspect the rotating assembly bearing for end float; (d) inspect the turbocharger mount; (e) inspect the transition assembly, the induction and exhaust components and the clamps; (f) inspect the upper deck pressure manifold and hoses; (g) lubricate the waste gate linkages and the butterfly valve; (h) inspect the flexible oil lines; (j) inspect the controllers and actuators; (k) inspect the compressor by-pass door; (m) refit the heat shield. (14) Take the following action in relation to the refitting of the cowls: (a) check that no tooling, rags or other foreign objects remain in the compartment; (b) inspect the latches and fasteners for correct tension; (c) inspect the inlet and cooling air ducting; (d) inspect the landing and taxi light wiring; (e) inspect the cowl flap linkage and engine drain lines. (15) Chock the wheels and check the brake operation, then set the park brake, start the engine and take the following action to determine satisfactory performance in accordance with the manuracturer's recommendations: (a) stabilise the engine temperatures and pressures; (b) check the idle speed, mixture and the magneto switch operation at low engine revolutions per minute; (c) check the carburettor heat or alternate air operation; (d) check the gyro or vacuum pressure indication; (e) inspect the generator or alternator; (f) check any unusual engine vibration or noises; (g) check the engine response to throttle application; (h) check each magneto and propeller governor for operation; (j) check the static engine revolutions per minute, manifold pressure and fuel flow; (k) check the idle cut-off operation. (16) After taking the action described above, remove the cowls, inspect the engine for oil, fuel or other fluid leaks, then replace the cowls. Section 3 The electrical system (1) Check the external and internal required placards. Note: Reference should be made to the aircraft flight manual and airworthiness directives for the required placards. (2) Take the following action in relation to the air-conditioning system: (a) inspect the distribution system electrical components and interwiring; (b) inspect the heating and temperature control system; (c) inspect the freon system electrical components and interwiring; (d) inspect the air cycle system electrical components and interwiring. (3) Take the following action in relation to the electrical power: (a) inspect the AC generation system (including the generator, invertor, regulator, interwiring, control relays and switching); (b) inspect the AC distribution system; (c) inspect the DC generation system (including the generator, regulator, transformer or rectifier units, interwiring, control relays and switches); (d) inspect the DC distribution system (including the busses, circuit breakers or fuses, relays, switches and interwiring); (e) inspect the starter generator; (f) inspect the indication systems; (g) inspect the batteries; (h) inspect the external power system. (4) Take the following action in relation to electrical equipment and furnishing: (a) inspect the flight compartment (including any spare bulbs and fuses); (b) inspect the passenger compartment (including any spare bulbs and fuses); (c) inspect the buffet or galley electrical systems, the lavatory compartment electrical systems and the cargo compartment electrical systems. (5) Take the following action in relation to the following fire protection systems: (a) inspect the engine fire detection system; (b) inspect any other fire and smoke detection systems; (c) inspect the engine fire extinguishing system; (d) inspect any other fire extinguishing systems. (6) Inspect the electrical components and interwiring of the following flight control systems: (a) the trim and flap system; (b) the lift dump and spoiler system; (c) the lift augmenting system. (7) Inspect the electrical components and interwiring of the fuel distribution and dump system. (8) Inspect the electrical components and interwiring of the main and auxiliary hydraulic systems. (9) Inspect the electrical components and interwiring of the following ice and rain protection systems: (a) the anti/de-ice systems; (b) the ice detection and indication systems. (10) Inspect the systems and components that give audible or visual warnings. (11) Inspect the electrical components and interwiring of the following landing gear systems: (a) the extension and retraction systems; (b) the wheels, brakes and anti-skid system; (c) the nose wheel steering system; (d) the position and warning system; (e) the anti-retract system. (12) Inspect lights in or on the following areas: (a) the flight compartment, the passenger compartment and the cargo and service compartment; (b) the exterior and emergency systems. (13) Inspect the electrical components and interwiring of pneumatic systems. (14) Inspect the electrical or electronic control panels, equipment racks and junction boxes. (15) Inspect the electrical components and interwiring of passenger, crew and cargo doors. (16) Inspect the electrical components and interwiring of the propeller control and anti/de-ice systems. (17) Inspect the electrical harnesses, excluding the ignition harness. (18) Inspect the electrical components and interwiring of the engine fuel and engine control systems. (19) Take the following action in relation to the ignition: (a) inspect the electrical power supplies; (b) inspect the booster coils, vibrator systems and high energy ignition systems; (c) inspect the switching, including by performing an insulation check of the magneto switch leads. (20) Inspect the engine starting system. Section 4 The instruments (1) Check the external and internal required placards. Note: Reference should be made to the aircraft flight manual and airworthiness directives for the required placards. (2) Take the following action in relation to the auto-flight system: (a) inspect the autopilot or the automatic flight control system, including the flight director and stability control augmentation; (b) inspect the yaw damper system; (c) inspect the speed-attitude correction system, including the auto-trim and mach-trim. (3) Inspect the flight control surface indication systems. (4) Inspect the fuel pressure and quantity indication systems. (5) Inspect the hydraulic power indication system. (6) Inspect the ice protection indication system. (7) Take the following action in relation to indicating and recording systems: (a) inspect the instrument and control panels; (b) inspect the independent instrument systems, including the inclinometers, indicators and clocks; (c) inspect the recorders, including the flight data recorders, performance or maintenance recorders. (8) Take the following action in relation to navigation systems: (a) inspect the flight environment data system, including: (i) the central air data system; and (ii) the pitot/static system, including instruments; and (iii) the stall warning system; (b) inspect the attitude and direction systems, including: (i) the magnetic compass; and (ii) the vertical attitude gyro system; and (iii) the directional gyro system, including the magnetic referenced systems; and (iv) the electronic flight instrument system and multi-function displays; (c) inspect the independent position determining systems, including: (i) the inertial navigation and reference systems; and (ii) the ground proximity warning systems; (d) inspect the flight management system, including the flight management and performance management systems. (9) Take the following action in relation to oxygen systems: (a) inspect the crew, passenger and portable systems; (b) inspect the indicating systems. (10) Inspect the pneumatic indicating systems, including the pressure gauge and warning indicators. (11) Take the following action in relation to the instrument pressure or vacuum system: (a) inspect the distribution system, including the filters, manifolds, regulating valves, check valves and plumbing; (b) inspect the indicating system, including the pressure gauge and warning system. (12) Inspect the engine indicating systems, including fuel flow, temperature and pressure. (13) Take the following action in relation to the engine indicating systems: (a) inspect the power indicating system; (b) inspect the temperature indication system; (c) inspect the integrated engine instrument system. (14) Inspect the oil indicating systems, including quantity, pressure and temperature. (15) Inspect the water injection indicating system. Section 5 The radio system (1) Check the interior and exterior required placards including frequency charts. Note: Reference should be made to the aircraft flight manual and airworthiness directives for the required placards. (2) Take the following action in relation to communication and navigation systems: (a) inspect the accessible interwiring, plugs and sockets; (b) inspect the microphones, headsets and cords; (c) inspect the fuses for adequacy of spares; (d) inspect the antennae and antenna insulators; (e) inspect the Emergency Location Transmitter/Crash Location Beacon batteries for electrolyte leakage and check that the battery life has not expired; (f) inspect the removable units, mounting racks, vibration isolators and bonding straps; (g) inspect the switches and controllers; (h) inspect the radio panel lamps for adequate illumination; (j) inspect the radio indicators for legibility. (3) Take the following additional action in relation to communication systems in aircraft equipped for I.F.R. flight: (a) inspect the HF communication system, including for correct performance by communication with ground stations or by other means; (b) inspect the VHF communication system, including for correct performance by communication with ground stations or by other means; (c) inspect the audio system, including for correct operation of all distribution and amplifying systems in all modes of operation. (4) Take the following action in relation to navigation systems in aircraft equipped for I.F.R. flight: (a) check the ADF system for accuracy and correct performance in all modes of operation in accordance with the approved maintenance data for the system; (b) check the VOR system for correct performance in accordance with the approved maintenance data for the system; (c) check the localiser system for correct performance in accordance with the approved maintenance data for the system; (d) check the glideslope system for correct performance in accordance with the approved maintenance data for the system; (e) check the marker system for correct performance in all modes: an approved simulator may be used for these tests; (f) inspect the DME system; (h) inspect the Doppler navigation system; (j) inspect the weather radar system; (l) inspect the radio altimeter system; (m) inspect the ground proximity warning system; and (n) inspect the electronic flight instrument system. Part 3 --Post inspection check 3.1 On completion of each section of the inspection, check to ensure that all tools, maintenance equipment or rags have been removed from the aircraft and all panel, access doors, detachable fairings and fillets have been correctly secured. CIVIL AVIATION REGULATIONS 1988 - SCHEDULE 6 CASA system of certification of completion of maintenance (subregulation 2(1), definition of CASA system of certification of completion of maintenance) Part 1 --Interpretation What is meant by the person who carries out the maintenance? 1.1 In this Schedule, a reference to the person who carries out the maintenance does not include a reference to a person who performs maintenance in the course of his or her employment with an employer. What is meant by performs maintenance? 1.2 In this Schedule, a reference to the person who performs maintenance is a reference to the person who physically does the maintenance. Supervisor to be responsible for work he or she supervises 1.3 In this Schedule, maintenance performed by a person who is permitted by paragraph 42ZC(3)(b) or 42ZC(4)(c) to carry out maintenance under the supervision of a person who holds an aircraft engineer licence is to be taken to have been performed by the person who supervised the maintenance and not by the first-mentioned person. Part 2 --Certification of completion of stages of maintenance and inspections under subregulation 42G(2) What is to be certified? 2.1 A certification must be made for: (a) the completion of each stage of maintenance; and (b) the completion of an inspection under subregulation 42G(2). Who is to certify? 2.2 A certification for completion of a stage of maintenance or an inspection under subregulation 42G(2) is only to be made by the person who performed the stage of maintenance or the inspection. Note: Regulation 42ZC sets out who can perform maintenance. Where must a certification be made? 2.3 A certification for completion of a stage of maintenance or an inspection under subregulation 42G(2) must be made: (a) in the documents kept by the person carrying out the maintenance as a record of the carrying out of the maintenance; or (b) in the aircraft log book or approved alternative maintenance record for the aircraft. 2.4 If completion of an inspection under subregulation 42G(2) is certified in the documents kept by the person carrying out the maintenance as a record of the carrying out of the maintenance, completion of the inspection must also be certified in the aircraft log book or approved alternative maintenance record for the aircraft. What must be included in a certification? 2.5 A certification for completion of a stage of maintenance must: (a) be signed by the person making the certification; and (b) include the licence number, airworthiness authority number, aircraft welding authority number or certificate of approval number of the person making the certification; and (c) include the date on which the certification was made; and (e) if an exemption from or variation to a requirement is in force under regulation 42ZS in relation to the aircraft--set out details of the exemption or variation; and (f) if, in the course of carrying out the maintenance, the weight or balance of the aircraft has been varied--include a record of the variation; and (g) if a special inspection was carried out--set out what was found as a result of the inspection; and (h) if, in the course of carrying out the maintenance, an inspection using a non-destructive testing method was carried out--set out: (i) the non-destructive testing method used in carrying out the inspection; and (ii) the procedure used in carrying out the inspection; and (iii) what was found as a result of the inspection; and (j) include a list of airworthiness directives complied with in the course of carrying out the maintenance and set out any defects found in complying with those directives; and (k) if, in the course of carrying out the maintenance, an aircraft component: (i) that has had maintenance carried out on it; and (ii) that was supplied to the person carrying out the maintenance by another person; was fitted--set out the number of the document that covered the supply of the component in accordance with subregulation 42W(4); (l) if, in the course of carrying out the maintenance, a time-lifed aircraft component was fitted or replaced: (i) identify the component and specify (if applicable) the part number and serial number of the component; and (ii) list the airworthiness directives that have been complied with in relation to the component; and (iii) if the component was supplied to the person carrying out the maintenance by another person--set out the number of the document that covered the supply of the component in accordance with subregulation 42W(4); and (iv) if the component has not been overhauled--set out the time in service of, or the number of cycles completed by, the component since new; and (v) if the component has been overhauled--set out the time in service of, or number of cycles completed by, the component since its most recent overhaul; and (vi) if the component is an engine--set out the test performance figures of the engine; (m) if, in the course of carrying out the maintenance, an aircraft material: (i) that has had maintenance carried out on it; and (ii) that was supplied to the person by another person; and (iii) that is not a fluid; was used--set out the number of the document that covered the supply of the material in accordance with subregulation 42X(1); and (n) if a certification is made in the aircraft log book or approved alternative maintenance record for the aircraft--set out: (i) the time in service of the aircraft since new; and (ii) if the person making the certification is an employee--the name of the person's employer and the employer's certificate of approval number, licence number, airworthiness authority number or aircraft welding authority number. 2.6 A certification for completion of an inspection under subregulation 42G(2) must: (a) set out which system was inspected; and (b) be signed by the person making the certification; and (c) include the licence number or airworthiness authority number or certificate of approval number of the person making the certification; and (d) include the date on which the certification was made. Part 3 --Certification of co-ordination of maintenance When is co-ordination of maintenance required? 3.1 If more than one person performs stages of maintenance within a category of maintenance, the person carrying out the maintenance must ensure that one of the persons specified in paragraph 3.5 co-ordinates the carrying out of that category of maintenance. 3.2 If: (a) maintenance within more than one category of maintenance is carried out on an aircraft; and (b) more than one person performs that maintenance; the person carrying out the maintenance must ensure that one of the persons specified in paragraph 3.6 co-ordinates the carrying out of those categories of maintenance. What is the responsibility of a person who co-ordinates maintenance? 3.3 A person who co-ordinates the carrying out of maintenance within a category of maintenance must ensure: (a) that each stage of maintenance is performed by a person who is permitted by regulation 42ZC to carry out the maintenance; and (b) that a certification for the completion of each stage of maintenance is made by the person who performed the stage of maintenance; and (c) that the carrying out of each stage of maintenance does not adversely affect another stage of maintenance; and (d) that the carrying out of the category of maintenance is completed. 3.4 A person who co-ordinates the carrying out of more than one category of maintenance must ensure: (a) that each category of maintenance that is required to be co-ordinated by paragraph 3.1 is co-ordinated by a person specified in paragraph 3.5; and (b) that a certification for the co-ordination of each category of maintenance that is required to be co-ordinated because of paragraph 3.1 is made by the person who co-ordinated the category of maintenance; and (c) that the carrying out of each category of maintenance does not adversely affect another stage of maintenance; and (d) that the carrying out of the maintenance is completed. Who must co-ordinate maintenance within a category of maintenance? 3.5 If the carrying out of maintenance within a category of maintenance is required to be co-ordinated because of paragraph 3.1, the maintenance must be co-ordinated by one of the persons who performed a stage of maintenance within that category. Who must co-ordinate maintenance across categories? 3.6 If the carrying out of different categories of maintenance is required to be co-ordinated because of paragraph 3.2, the maintenance must be co-ordinated by: (a) if maintenance within a category of maintenance is performed by more than one person--the person co-ordinating the carrying out of maintenance within that category; or (b) if maintenance within a category of maintenance is performed by one person--that person; or (c) a person approved by CASA to co-ordinate the carrying out of different categories of maintenance. When and by whom does co-ordination of maintenance have to be certified? 3.7 If maintenance is required to be co-ordinated under this Part, the person who co-ordinates that maintenance must certify that it was co-ordinated. What is the responsibility of a person who certifies for co-ordination of maintenance? 3.8 The person who co-ordinates the carrying out of maintenance within a category of maintenance must not certify for co-ordination of the maintenance unless the person is satisfied: (a) that each stage of maintenance was performed by a person who is permitted by regulation 42ZC to carry out the maintenance; and (b) that a certification for completion of each stage of maintenance has been made by the person who performed the stage of maintenance; and (c) if the person thinks that the carrying out of a stage of maintenance adversely affected another stage of maintenance: (i) that the affected stage of maintenance is no longer adversely affected; and (ii) if maintenance was performed--that certification has been made for completion of the maintenance; and (d) that the carrying out of the category of maintenance has been completed. 3.9 The person who co-ordinates the carrying out of more than one category of maintenance must not certify for co-ordination of the maintenance unless the person is satisfied: (a) that each category of maintenance that was required to be co-ordinated by paragraph 3.1 was co-ordinated by a person specified in paragraph 3.5; and (b) that a certification for the co-ordination of each category of maintenance that was required to be co-ordinated by paragraph 3.1 was made by the person who co-ordinated the maintenance; and (c) if the person thinks that the carrying out of a category of maintenance adversely affected another category of maintenance: (i) that the affected category of maintenance is no longer adversely affected; and (ii) if maintenance was performed--that certification has been made for completion of the maintenance; and (d) that the carrying out of the maintenance has been completed. Where must a certification for co-ordination of maintenance be made? 3.10 A certification for the co-ordination of maintenance must be made: (a) in the documents kept by the person carrying out the maintenance as a record of the carrying out of the maintenance; or (b) in the aircraft log book or approved alternative maintenance record for the aircraft. What must be included in a certification for co-ordination of maintenance? 3.11 A certification for the co-ordination of maintenance must: (a) be signed by the person making the certification; and (b) include the licence number, airworthiness authority number or certificate of approval number of the person making the certification; and (c) if the person making the certification is an employee--state the name of the person's employer and the employer's certificate of approval number, licence number or airworthiness authority number; and (d) if the certification is for the co-ordination and completion of the carrying out of maintenance within a category of maintenance--set out the category of maintenance; and (e) if the certification is for the co-ordination of the carrying out of different categories of maintenance--include a statement to that effect; and (f) include the date on which the certification was made. Part 4 --Final certification When must a final certification be made? 4.1 A final certification for completion of maintenance on an aircraft must be made when: (a) all of the maintenance required to be carried out on an aircraft at a particular time; and (b) if the maintenance is required to be co-ordinated by Part 3--co-ordination of the maintenance; has been completed and certified. Where must a final certification be made? 4.2 A final certification for the completion of maintenance on an aircraft must be made in the aircraft log book or approved alternative maintenance record for the aircraft. Who must certify? 4.3 A final certification must be made by: (a) if one person certified for the carrying out of the maintenance--that person; or (b) if the carrying out of maintenance within one category of maintenance only was co-ordinated--the person who co-ordinated the category of maintenance; or (c) if the carrying out of different categories of maintenance was co-ordinated--the person who co-ordinated the maintenance. What must be included in a final certification? 4.4 If certifications for completion of stages of maintenance are made in the documents kept by the person carrying out the maintenance as a record of the carrying out of the maintenance, a final certification must: (a) include a brief description of the type of maintenance carried out; and (b) be signed by the person making the certification; and (c) include the licence number, airworthiness authority number or certificate of approval number of the person making the certification; and (d) set out the time in service of the aircraft since new; and (e) if the person making the certification is an employee--state the name of the person's employer and the employer's certificate of approval number, licence number or airworthiness authority number; and (f) set out details of the approved maintenance data used to carry out the maintenance; and (g) if an exemption from or variation to a requirement is in force under regulation 42ZS in relation to the aircraft--set out details of the exemption or variation; and (h) if, in the course of carrying out the maintenance, the weight or balance of the aircraft has been varied--include a record of the variation; and (j) if a special inspection was carried out--set out what was found as a result of the inspection; and (k) if, in the course of carrying out the maintenance, an inspection using a non-destructive testing method was carried out--set out: (i) the non-destructive testing method used in carrying out the inspection; and (ii) the procedure used in carrying out the inspection; and (iii) what was found as a result of the inspection; and (l) include a list of airworthiness directives complied with in the course of carrying out the maintenance and a statement setting out any defects found in complying with those directives; and (m) if, in the course of carrying out the maintenance, an aircraft component: (i) that has had maintenance carried out on it; and (ii) that was supplied to the person carrying out the maintenance by another person; was fitted--set out the number of the document that covered the supply of the component in accordance with subregulation 42W(4); and (n) if, in the course of carrying out the maintenance, a time-lifed aircraft component was fitted or replaced: (i) identify the component and that includes (if applicable) the part number and serial number of the component; and (ii) list the airworthiness directives that have been complied with in relation to the component; and (iii) if the component was supplied to the person carrying out the maintenance by another person--set out the number of the document that covered the supply of the component in accordance with subregulation 42W(4); and (iv) if the component has not been overhauled--set out the time in service of, or the number of cycles completed by, the component since new; and (v) if the component has been overhauled--set out the time in service of, or number of cycles completed by, the component since its most recent overhaul; and (vi) if the component is an engine--set out the test performance figures of the engine; and (p) if, in the course of carrying out the maintenance, an aircraft material: (i) that has had maintenance carried out on it; and (ii) that was supplied to the person by another person; and (iii) that is not a fluid; was used--set out the number of the document that covered the supply of the material in accordance with subregulation 42X(1); and (q) identify the documents kept by the person carrying out the maintenance as a record of the carrying out of the maintenance; and (s) include the date on which the certification was made. 4.5 If certifications for completion of stages of maintenance are made in the aircraft log book or approved alternative document for the aircraft, a final certification must: (b) be signed by the person making the certification; and (c) include the licence number, airworthiness authority number or certificate of approval number of the person making the certification; and (d) if the person making the certification is an employee--state the name of the person's employer and the employer's certificate of approval number, licence number or airworthiness authority number; and (e) include the date on which the certification was made. What is the responsibility of a person who makes a final certification? 4.6 A person must not make a final certification unless the person is satisfied that: (a) all maintenance required to be carried out on the aircraft has been carried out; and (b) if the maintenance was required to be co-ordinated by paragraph 3.1 or 3.2--the maintenance has been co-ordinated; and (c) certifications that are required to be made by paragraph 2.1 or 3.7 have been made. CIVIL AVIATION REGULATIONS 1988 - SCHEDULE 7 Maintenance that must not be carried out on a Class B aircraft by a person referred to in paragraph 42ZC(4)(b) (paragraph 42ZC(4)(b)) Part 1 --General 1.1 The inspection of an aircraft for the purpose of the issue of a maintenance release. 1.2 Maintenance involving disturbing the individual parts of an aircraft component supplied as a bench tested component where the subsequent functioning of the component can only be proved by the use of test equipment additional to the equipment used for normal functional checks and trouble shooting checks. 1.3 Maintenance involving the use of non-destructive testing methods, but not including the use of aerosol packed materials in conducting liquid penetrant inspections. 1.4 Maintenance involving the complete jacking of an aircraft. 1.5 Maintenance involving the use of jigs, but not including the use of control rigging devices. Part 2 --Maintenance of airframes 2.1 The repair or modification of: (a) the primary structure of an aircraft; or (b) the seat support structure of an aircraft. 2.2 Welding, brazing, heat treating or metalizing of or on the primary structure of an aircraft. 2.3 Riveting, gluing or bonding joints in the primary structure of an aircraft. 2.4 Bolting joints in the airframe of an aircraft, where the bolting requires the use of special techniques. 2.5 Replacing a complete fabric covering of a fuselage, aerofoil or flying surface. 2.6 Balancing flying control surfaces. 2.7 Balancing main or tail rotor assemblies. 2.8 Refurbishing the interior of an aircraft. 2.9 Repainting that might affect the balance of flying control surfaces. Part 3 --Maintenance of engines 3.1 Disassembly or assembly of a crankcase of a reciprocating engine. 3.2 Disassembly or assembly of a crankshaft of a reciprocating engine (including removal and replacement of a connecting rod). 3.3 Disassembly or assembly of a rotor housing of a rotary engine. 3.4 Disassembly or assembly of a rotor assembly of a rotary engine. 3.5 Disassembly or assembly of a main casing of a turbine engine. 3.6 Disassembly or assembly of a rotating assembly of a turbine engine. 3.7 Balancing of rotating assemblies of engines. 3.8 Welding, brazing, heat treating or metalizing, but not including minor repairs to exhaust pipes. 3.9 Machining, other than machining using standard hand tools or valve refacing equipment. 3.10 Removal or replacement of reduction gears or accessory drive gears that are not attached to an accessory. 3.11 Balancing of propellers. 3.12 Disassembly and assembly of propeller hubs. 3.13 Straightening of propeller blades. Part 4 --Maintenance on electrical, instrument and radio systems 4.1 Maintenance of operational software and automatic test equipment software; 4.2 Initial installation of an electrical, instrument or radio system. Part 5 --Specific maintenance on manned balloons and hot air airships 5.1 In relation to a manned balloon or a hot air airship: (a) the replacement of one or more panels in the upper half of the envelope; or (b) the replacement of 4 or more panels in the lower half of the envelope; or (c) the repair or replacement of load tape; or (d) the repair of the suspension system; or (e) the repair of the burner system, other than seal replacement or the cleaning of jets. Note: For maintenance of engines of hot air airships see Part 3. CIVIL AVIATION REGULATIONS 1988 - SCHEDULE 8 Maintenance that may be carried out on a Class B aircraft by a person entitled to do so under subregulation 42ZC(4) (subregulation 42ZC(4)) Part 1 --Maintenance on Class B aircraft other than balloons 1. Removal or installation of landing gear tyres, but only if the removal or installation does not involve the complete jacking of the aircraft. 2. Repair of pneumatic tubes of landing gear tyres. 3. Servicing of landing gear wheel bearings. 4. Replacement of defective safety wiring or split pins, but not including wiring or pins in control systems. 5. Removal or refitting of a door, but only if: (a) no disassembly of the primary structure or operating system of the aircraft is involved; and (b) if the aircraft is to be operated with the door removed--the aircraft has a flight manual and the manual indicates that the aircraft may be operated with the door removed. 6. Replacement of side windows in an unpressurised aircraft. 7. Replacement of seats, but only if the replacement does not involve disassembly of any part of the primary structure of the aircraft. 8. Repairs to the upholstery or decorative furnishings of the interior of the cabin or cockpit. 9. Replacement of seat belts or harnesses. 10. Replacement or repair of signs and markings. 11. Replacement of bulbs, reflectors, glasses, lenses or lights. 12. Replacement, cleaning, or setting gaps of, spark plugs. 13. Replacement of batteries. 14. Changing oil filters or air filters. 15. Changing or replenishing engine oil or fuel. 16. Lubrication not requiring disassembly or requiring only the removal of non-structural parts, or of cover plates, cowlings and fairings. 17. Replenishment of hydraulic fluid. 18. Application of preservative or protective materials, but only if no disassembly of the primary structure or operating system of the aircraft is involved. 19. Removal or replacement of equipment used for agricultural purposes. 20. Removal or replacement of glider tow hooks. 21. Carrying out of an inspection under regulation 42G of a flight control system that has been assembled, adjusted, repaired, modified or replaced. 22. Carrying out of a daily inspection of an aircraft. 23. Connection and disconnection of optional dual control in an aircraft without the use of any tools for the purpose of transitioning the aircraft from single to dual, or dual to single, pilot operation. 24. Inspections or checks set out in the following documents in circumstances where the document clearly states that the maintenance may be carried out by the pilot of the aircraft and the maintenance does not require the use of any tools or equipment: (a) the aircraft's approved maintenance data; (b) the aircraft's flight manual or an equivalent document; (c) any instructions issued by the NAA that approved the type certificate for the aircraft. 25. For an aircraft that is installed with an oxygen system for the exclusive use of ill or injured persons on an aircraft used to perform ambulance functions--replenishing the oxygen system installed on the aircraft. Part 2 --Maintenance on balloons 1. The following maintenance on the balloon's envelope: (a) replacing envelope temperature flags (but not including replacing temperature telltale tags); (b) removing or installing envelope temperature probes; (c) adhesive patch repairs on envelope fabric in accordance with the manufacturer's directions for such repairs; (d) minor sewn fabric repairs below the first horizontal load tape as permitted by the manufacturer's maintenance manual; (e) adjusting, replacing or repairing control lines other than deflation lines; (f) removing or installing karabiners; (g) removing or installing crown line; (h) removing or installing scoops and skirts. 2. The following maintenance on the balloon's basket: (a) interchanging or replacing basket in accordance with balloon operating handbook or other acceptable data; (b) minor repairs to basket trim materials; (c) re-varnishing or re-oiling basket wicker; (d) removing or installing fire extinguishers; (e) removing or installing burner poles; (f) removing or installing handling line and container; (g) removing or installing storage pouches. 3. The following maintenance on the balloon's fuel cylinders: (a) replacing or lubricating fuel cylinder tank inlet or outlet o-rings; (b) removing or replacing fuel cylinder straps; (c) replacing fuel cylinder contents gauge glasses held in by screws (but not including replacing the whole contents gauge assembly); (d) repairing or installing cylinder jackets; (e) removing or installing heater pads; (f) interchanging or replacing fuel cylinder if the cylinder is designated as interchangeable in balloon operating handbook or other acceptable data; (g) adjusting LPG vapour regulators if the adjustment does not involve disassembly of regulator. 4. The following maintenance on the balloon's burner systems: (a) cleaning liquid pilot light regulators; (b) cleaning or replacing seals in hose couplings; (c) removing, cleaning or installing pilot light or burner jets, including filters; (d) tightening burner parts, including heat shields; (e) lubricating (not requiring disassembly other than removing lubrication port blanks); (f) removing, replacing or adjusting piezo igniter system; (g) adjusting liquid fire (whisper) or pilot light values; (h) removing or installing burner in accordance with balloon operating handbook or other acceptable data. 5. The following maintenance on the balloon's burner frame: (a) removing or installing burner frame heat shields; (b) adjusting burner gimbal friction. 6. The following maintenance on the balloon's instruments and radio: (a) replacing batteries; (b) changing instrument packs; (c) removing or installing radio if: (i) no disturbance is required to the balloon's instruments or electrical wiring; and (ii) there is no need to disassemble a primary structure of the balloon. 7. The following maintenance on the balloon's other equipment: (a) removing or replacing other equipment if: (i) no modifications are required to the balloon's instruments or electrical wiring; and (ii) there is no need to disassemble a primary structure of the balloon; (b) removing, replacing or adjusting non-structural standard fasteners incidental to operations. CIVIL AVIATION REGULATIONS 1988 - SCHEDULE 9 Maintenance control manual and maintenance controller (regulation 42ZV) Part 1 --Requirements for person who is a maintenance controller 1.1 To be the maintenance controller a person must: (a) know and understand the operator's maintenance control manual; and (b) know and understand the requirements of these Regulations in relation to the maintenance of aircraft; and (c) demonstrate the required knowledge and understanding for the purposes of being approved as the maintenance controller. Part 2 --Functions of maintenance controller 2.1 A maintenance controller must perform the following functions: (a) the control of all maintenance carried out on the aircraft, either scheduled or unscheduled; (b) the development, organisation and supervision of all activities and procedures specified in the maintenance control manual; (c) the transfer of an aircraft's maintenance records to a new Certificate of Registration holder for the aircraft; (d) the investigation of all defects in the aircraft that come to the attention of the aircraft's maintenance organisation. CIVIL AVIATION REGULATIONS 1988 - NOTES Statutory Rules No. 158, 1988 Compilation No. 84 Compilation date: 4 July 2016 Includes amendments up to: F2016L00400 Registered: 6 July 2016 This compilation is in 5 volumes Volume 1: regulations 1-60 Volume 2: regulations 5.01-5.147 Volume 3: regulations 77-343 Volume 4: Schedules Volume 5: Endnotes Each volume has its own contents This compilation includes commenced amendments made by SLI No. 245, 2015. 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 4 July 2016 (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)............ 26 2A......... Approved maintenance data.............................................................. 26 2B......... Powers to issue directions etc........................................................... 27 2C......... How to read CASR........................................................................... 28 3............ Application of regulations................................................................. 28 Part 2--Administration and organisation 29 4............ CASA............................................................................................... 29 5............ Civil Aviation Orders........................................................................ 29 5A......... Certain directions etc to be disallowable instruments........................ 30 6............ Authorised persons........................................................................... 31 6A......... Identity cards..................................................................................... 31 Part 4--Airworthiness requirements 32 Division 2--Foreign operators 32 29.......... Damage etc to aircraft of a Contracting State..................................... 32 Division 3--Certificates of approval, aircraft maintenance engineer licences, airworthiness authorities and aircraft welding authorities 34 29A....... Interpretation..................................................................................... 34 30.......... Certificates of approval..................................................................... 35 30AA.... Provision of training and assessment in maintenance of aircraft etc.. 40 30A....... Changes to certificates of approval.................................................... 40 32.......... Period during which certificates of approval remain in force............ 40 33.......... Testing of competency of holder of licence or authority.................... 40 33B....... Airworthiness authorities.................................................................. 41 33C....... Application for aircraft welding authority......................................... 42 33D....... Grant of aircraft welding authority.................................................... 42 33E........ Recognised authorities...................................................................... 43 33F........ Duration of aircraft welding authority............................................... 43 33G....... Renewal of aircraft welding authority............................................... 44 33H....... Changes to aircraft welding authority................................................ 44 33I......... Conditions of aircraft welding authority............................................ 45 Division 4--Miscellaneous 47 37.......... Permissible unserviceabilities............................................................ 47 Part 4A--Maintenance 47 Division 1--Maintenance directions by CASA 47 38.......... Maintenance directions...................................................................... 47 Division 2--Maintenance for which holder of certificate of registration responsible 49 Subdivision 1--Class A aircraft 49 39.......... Maintenance required by approved system of maintenance............... 49 40.......... Defective or inappropriate systems of maintenance........................... 49 Subdivision 2--Class B aircraft 50 41.......... Maintenance schedule and maintenance instructions......................... 50 42.......... Defective or inappropriate maintenance schedule.............................. 50 42A....... Maintenance schedule: manufacturer's maintenance schedule........... 51 42B....... Maintenance schedule: CASA maintenance schedule....................... 53 42C....... Maintenance schedule: approved system of maintenance.................. 53 42CA.... Maintenance schedule--primary, intermediate, restricted or limited category aircraft 54 42CB..... Maintenance--experimental aircraft.................................................. 54 42D....... Can there be more than one maintenance schedule?.......................... 54 42E........ Elections............................................................................................ 55 42F........ Effect of change of holder of certificate of registration...................... 55 Subdivision 3--Miscellaneous 55 42G....... Flight control system: additional requirements.................................. 55 42H....... Exemptions and variations................................................................ 57 Division 3--Approved systems of maintenance 58 42J........ System of maintenance: request for approval.................................... 58 42K....... System of maintenance: submission to CASA.................................. 58 42L........ System of maintenance: matters to be included................................. 58 42M...... System of maintenance: approval...................................................... 59 42N....... When approval is effective................................................................ 60 42P........ Request for approval of changes....................................................... 61 42Q....... CASA may direct changes................................................................ 61 42R....... Approval of changes......................................................................... 61 42S........ When approval of a change is effective............................................. 63 42T........ All changes must be approved.......................................................... 63 Division 4--How maintenance is to be carried out 64 42U....... Modifications and repairs: approved designs.................................... 64 42V....... Maintenance: approved maintenance data.......................................... 64 42W...... Installation and use of aircraft components in maintenance--Australian aircraft in Australian territory 65 42WA... Requirements for authorised release certificate.................................. 68 42X....... Use of aircraft materials in maintenance--Australian aircraft in Australian territory 69 42Y....... Time-lifed aircraft components--exemption from supply under cover of document requirements 71 42Z........ Removable items of radiocommunications equipment in VFR aircraft--exemption from certification requirements.......................................................................................................... 71 42ZA..... Use of aircraft components, aircraft materials etc in maintenance--Australian aircraft outside Australian territory 72 42ZB..... Exemptions and variations................................................................ 72 Division 5--Who may carry out maintenance 73 42ZC..... Maintenance on Australian aircraft in Australian territory................. 73 42ZD..... Maintenance on Australian aircraft outside Australian territory........ 77 Division 6--Certification of completion of maintenance 79 Subdivision 1--Maintenance in Australian territory 79 42ZE..... Certification of completion of maintenance on aircraft in Australian territory 79 42ZF..... Request for approval of system of certification................................. 79 42ZG..... Approval of system of certification................................................... 79 42ZH..... When approval is effective................................................................ 80 42ZJ...... Changes to an approved system of certification................................ 80 42ZK..... Approval of changes......................................................................... 81 42ZL..... When approval of a change is effective............................................. 82 42ZM.... All changes must be approved.......................................................... 82 Subdivision 2--Maintenance outside Australian territory 82 42ZN..... Certification of maintenance outside Australian territory................... 82 Subdivision 3--Miscellaneous 83 42ZP..... Certification not to be made............................................................... 83 Division 7--Exemptions from, and variations of, requirements 84 42ZQ..... Requirements to which Division applies........................................... 84 42ZR..... Application for exemption from, or variation of, requirements......... 85 42ZS..... Granting of exemptions and approval of variations........................... 85 42ZT..... When grant or approval is effective................................................... 86 42ZU..... Effect of grant of exemption or approval of variation........................ 87 Division 8--Maintenance control manual and maintenance controller 88 42ZV..... Maintenance controllers.................................................................... 88 42ZW.... Approval of maintenance controllers................................................. 88 42ZX..... Suspension or cancellation of approvals........................................... 89 42ZY..... Maintenance control manuals............................................................ 90 42ZZ..... Maintenance control manuals: amendments...................................... 91 42ZZA.. Inspection of maintenance control manuals....................................... 91 Division 9--Maintenance releases 92 43.......... Maintenance releases in respect of Australian aircraft....................... 92 43A....... Maintenance release to be available for inspection............................ 95 43B....... Time-in-service to be recorded on maintenance release..................... 96 44.......... Conditions with respect to maintenance releases............................... 96 45.......... Suspension or cancellation of maintenance release............................ 97 46.......... Information to be passed to other persons......................................... 97 47.......... Maintenance release to cease to be in force....................................... 98 48.......... Maintenance release to recommence to be in force.......................... 100 49.......... Permissible unserviceabilities to be endorsed on maintenance releases 101 50.......... Defects and major damage to be endorsed on maintenance release. 102 Division 10--Aircraft log books 104 50A....... Aircraft log book............................................................................. 104 50B....... Alternative to aircraft log book or section of aircraft log book........ 104 50C....... Directions relating to aircraft maintenance records.......................... 105 50D....... Inspection of records....................................................................... 106 Division 11--Miscellaneous 107 50E........ Inconsistent requirements--resolution of inconsistencies............... 107 50F........ Notice of maintenance to be given................................................... 108 50G....... Copying or disclosing CVR information........................................ 108 Part 4B--Defect reporting 109 51.......... Reporting of defects in Australian aircraft--general....................... 109 51A....... Reporting of defects in Australian aircraft: major defects................ 110 51B....... Defects discovered in complying with directions by CASA........... 111 52.......... Defects discovered in aircraft components...................................... 111 52A....... How must reports to Authority be made?....................................... 112 52B....... Keeping of defective aircraft and aircraft components..................... 114 53.......... Investigation of defects of Australian aircraft.................................. 114 Part 4C--Flight manuals 115 54.......... Registered operators to maintain aircraft flight manuals.................. 115 Part 4D--Removal or alteration of data plates etc. 116 56.......... Definitions for this Part................................................................... 116 57.......... Removal or alteration of manufacturer's data plate.......................... 116 58.......... Removal or alteration of identification from heater assembly of manned balloon or propeller 117 59.......... Transfer of manufacturer's data plate to another aircraft etc prohibited 117 60.......... Removal of manufacturer's data plates............................................ 118 CIVIL AVIATION REGULATIONS 1988 - NOTES Endnotes Endnote 1--About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1--About the endnotes Endnote 2--Abbreviation key Endnote 3--Legislation history Endnote 4--Amendment history Abbreviation key--Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history--Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbrreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2--Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub-subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev ... ) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3--Legislation history Number and year Registration Commencement Application, saving and transitional provisions 158, 1988 30 June 1988 30 June 1988 209, 1988 26 Aug 1988 26 Aug 1988 -- 373, 1988 21 Dec 1988 21 Dec 1988 -- 376, 1988 21 Dec 1988 21 Dec 1988 -- 31, 1989 13 Mar 1989 13 Mar 1989 (r 1) r 11 276, 1989 19 Oct 1989 19 Oct 1989 -- 100, 1990 23 May 1990 23 May 1990 -- 215, 1990 4 July 1990 4 July 1990 -- 216, 1990 4 July 1990 4 July 1990 r 23 258, 1990 9 Aug 1990 9 Aug 1990 -- 260, 1990 9 Aug 1990 9 Aug 1990 -- 289, 1990 6 Sept 1990 6 Sept 1990 -- 310, 1990 28 Sept 1990 28 Sept 1990 -- 331, 1990 18 Oct 1990 18 Oct 1990 -- 332, 1990 18 Oct 1990 18 Oct 1990 r 10 466, 1990 9 Jan 1991 10 Jan 1991 (r 1) r 13 54, 1991 28 Mar 1991 28 Mar 1991 r 5 147, 1991 26 June 1991 26 June 1991 -- 157, 1991 28 June 1991 1 July 1991 (r 1) -- 247, 1991 9 Aug 1991 9 Aug 1991 -- 287, 1991 17 Sept 1991 17 Sept 1991 r 17 382, 1991 27 Nov 1991 12 Dec 1991 (r 1) r 20 409, 1991 12 Dec 1991 12 Dec 1991 -- 410, 1991 12 Dec 1991 1 Jan 1992 (r 1) -- 426, 1991 19 Dec 1991 r 6-8: 1 Jan 1992 (r 1) Remainder: 19 Dec 1991 (r 1) r 10 487, 1991 10 Jan 1992 1 Mar 1992 (r 1) r 36-48 as amended by 174, 1992 25 June 1992 r 31 and 32: 1 Mar 1992 (r 29) -- 36, 1992 7 Feb 1992 7 Feb 1992 (r 1) -- 174, 1992 25 June 1992 r 2-28: 25 June 1992 (r 1) r 28 254, 1992 29 July 1992 29 July 1992 (r 1) -- 258, 1992 7 Aug 1992 20 Aug 1992 (r 1) -- 279, 1992 8 Sept 1992 1 Dec 1992 (r 1) r 35-77 325, 1992 16 Oct 1992 1 Nov 1992 (r 1) r 19-22 342, 1992 27 Oct 1992 27 Oct 1992 (r 1) r 16 380, 1992 30 Nov 1992 r 3-14, 17 and 18: 2 Dec 1992 (r 1) Remainder: 30 Nov 1992 (r 1) -- 417, 1992 22 Dec 1992 23 Dec 1992 (r 1) r 22-26 418, 1992 22 Dec 1992 22 Dec 1992 (r 1) -- 221, 1993 17 Aug 1993 17 Aug 1993 (r 1) r 19 268, 1993 29 Oct 1993 29 Oct 1993 (r 1) -- 319, 1993 25 Nov 1993 25 Nov 1993 (r 1) Note: r 239 of r 16 was disallowed by the Senate on 23 Mar 1994 -- 368, 1993 23 Dec 1993 23 Dec 1993 (r 1) -- 93, 1994 7 Apr 1994 7 Apr 1994 (r 1) r 25 and 26 173, 1994 8 June 1994 8 June 1994 (r 1) -- 187, 1994 16 June 1994 16 June 1994 (r 1) -- 188, 1994 16 June 1994 16 June 1994 (r 1) r 5 260, 1994 28 July 1994 28 July 1994 (r 1) -- 294, 1994 23 Aug 1994 23 Aug 1994 (r 1) -- 382, 1994 25 Nov 1994 25 Nov 1994 (r 1) -- 396, 1994 25 Nov 1994 25 Nov 1994 (r 1) -- 122, 1995 6 June 1995 12 Oct 1994 (r 1) -- 147, 1995 28 June 1995 28 June 1995 (r 1) -- 148, 1995 28 June 1995 28 June 1995 (r 1) -- 224, 1995 6 July 1995 6 July 1995 (r 1) -- 88, 1996 5 June 1996 5 June 1996 (r 1) -- 23, 1997 26 Feb 1997 26 Feb 1997 (r 1) -- 67, 1997 26 Mar 1997 26 Mar 1997 (r 1) -- 111, 1997 21 May 1997 21 May 1997 (r 1) r 5 139, 1997 23 June 1997 23 June 1997 (r 1) -- 220, 1997 27 Aug 1997 27 Aug 1997 (r 1) -- 31, 1998 11 Mar 1998 11 Mar 1998 (r 1) -- 32, 1998 11 Mar 1998 11 Mar 1998 (r 1) -- 219, 1998 7 July 1998 7 July 1998 (r 1) -- 234, 1998 22 July 1998 22 July 1998 (r 1) Note: disallowed by the Senate on 8 Mar 1999 -- 235, 1998 22 July 1998 r 9 and 22: 1 Dec 1998 (r 1.1) Remainder: 1 Oct 1998 (r 1.2) -- 236, 1998 22 July 1998 22 July 1998 (r 1) -- 288, 1998 1 Sept 1998 1 Sept 1998 (r 1) -- 166, 1999 16 Aug 1999 Sch 2 (Pt 1): 16 Aug 1999 (r 2(2)) Sch 2 (Pt 2): 1 Dec 1999 (r 2(1)) -- as amended by 262, 1999 27 Oct 1999 Sch 2: 27 Oct 1999 (r 2(a)) -- 167, 1999 16 Aug 1999 16 Aug 1999 (r 2) -- 210, 1999 16 Sept 1999 16 Sept 1999 (r 2) -- 229, 1999 29 Sept 1999 Sch 1: 29 Sept 1999 (r 2(a)) Sch 2: 1 Jan 2003 (r 2(b)) -- 262, 1999 27 Oct 1999 Sch 3: 1 Dec 1999 (r 2(b)) Sch 4: 1 Jan 2000 (r 2(c)) -- 353, 1999 22 Dec 1999 22 Dec 1999 (r 2) -- 354, 1999 22 Dec 1999 1 Jan 2000 (r 2) -- 8, 2000 23 Feb 2000 23 Feb 2000 (r 2) -- 204, 2000 31 July 2000 r 5-8 and Sch 3: 1 Oct 2000 (r 2(b)) Note: Sch 3 (items 1, 4, 5) were disallowed by the Senate on 8 Nov 2000 r 5-8 as amended by 345, 2004 8 Dec 2004 Sch 3: 8 Dec 2004 (r 2) -- 205, 2000 31 July 2000 31 July 2000 (r 2) -- 227, 2000 17 Aug 2000 r 4 and Sch 3: 17 Aug 2000 (r 2(b)) Sch 5: 1 Sept 2000 (r 2(c)) r 4 261, 2000 15 Sept 2000 15 Sept 2000 (r 2) -- 294, 2000 1 Nov 2000 1 Nov 2000 (r 2) -- 295, 2000 1 Nov 2000 1 Nov 2000 (r 2) -- 296, 2000 1 Nov 2000 1 Nov 2000 (r 2) -- 362, 2000 20 Dec 2000 20 Dec 2000 (r 2) -- 348, 2001 21 Dec 2001 21 Dec 2001 (r 2) -- 349, 2001 21 Dec 2001 r 4 and Sch 2: 1 July 2002 (r 2) r 4 as amended by 79, 2002 18 Apr 2002 18 Apr 2002 (r 2) -- 345, 2004 8 Dec 2004 Sch 4: 8 Dec 2004 (r 2) -- 167, 2002 3 July 2002 r 5 and Sch 2: 1 May 2003 (r 2) r 5 as amended by 58, 2003 14 Apr 2003 Sch 3: 14 Apr 2003 (r 2(a)) -- 345, 2004 8 Dec 2004 Sch 5: 8 Dec 2004 (r 2) -- 180, 2002 1 Aug 2002 1 Aug 2002 (r 2) -- 221, 2002 12 Sept 2002 12 Sept 2002 (r 2) -- 267, 2002 6 Nov 2002 6 Nov 2002 (r 2) -- 319, 2002 19 Dec 2002 19 Dec 2002 (r 2) -- 350, 2002 20 Dec 2002 Sch 2 and 4: 20 Dec 2002 (r 2) -- 58, 2003 14 Apr 2003 Sch 2: 2 May 2003 (r 2(b)) -- 75, 2003 1 May 2003 Sch 2: 1 May 2003 (r 2(a)) -- 95, 2003 22 May 2003 22 May 2003 (r 2) -- 189, 2003 24 July 2003 Sch 2: 1 Oct 2003 (r 2) -- 201, 2003 6 Aug 2003 6 Aug 2003 (r 2) -- 232, 2003 3 Sept 2003 Sch 2: 3 Sept 2003 (r 2) -- 240, 2003 18 Sept 2003 Sch 1: 18 Sept 2003 (r 2) -- 365, 2003 23 Dec 2003 Sch 3: 1 Jan 2004 (r 2(b)) Sch 5: 1 July 2004 (r 2(c)) -- 134, 2004 18 June 2004 Sch 1: 15 Nov 2004 (r 2) -- 216, 2004 15 July 2004 Sch 1: 15 July 2004 (r 2) -- 217, 2004 15 July 2004 15 July 2004 (r 2) -- 222, 2004 22 July 2004 Sch 3: 1 July 2004 (r 2) -- 345, 2004 8 Dec 2004 Sch 1: 8 Dec 2004 (r 2) -- 137, 2005 17 June 2005 (F2005L01485) 18 June 2005 (r 2) -- 242, 2005 24 Oct 2005 (F2005L03219) Sch 2: 25 Oct 2005 (r 2) -- 243, 2005 26 Oct 2005 (F2005L03249) 24 Nov 2005 (r 2) -- 321, 2005 19 Dec 2005 (F2005L04039) Sch 2: 20 Dec 2005 (r 2) -- 184, 2006 14 July 2006 (F2006L02309) 15 July 2006 (r 2) -- 70, 2007 29 Mar 2007 (F2007L00795) 30 Mar 2007 (r 2) -- 171, 2007 26 June 2007 (F2007L01840) 1 July 2007 (r 2) -- 191, 2008 22 Sept 2008 (F2008L03484) 23 Sept 2008 (r 2) -- 238, 2008 2 Dec 2008 (F2008L04445) 1 Feb 2009 (r 2) -- 272, 2008 18 Dec 2008 (F2008L04642) 19 Dec 2008 (r 2) -- 273, 2008 18 Dec 2008 (F2008L04585) 19 Dec 2008 (r 2) -- 25, 2009 2 Mar 2009 (F2009L00696) 12 Mar 2009 (r 2) -- 64, 2009 15 Apr 2009 (F2009L01295) Sch 3: 1 Oct 2009 (r 2(b)) -- 146, 2009 26 June 2009 (F2009L02509) 1 July 2009 (r 2) -- 81, 2010 11 May 2010 (F2010L01205) 3 June 2010 (r 2) -- 328, 2010 14 Dec 2010 (F2010L03195) Sch 2: 27 June 2011 (r 2(a)) Sch 3: 27 June 2013 (r 2(b)) -- 76, 2011 7 June 2011 (F2011L00968) Sch 2: 27 June 2011 (r 2) -- 77, 2011 7 June 2011 (F2011L00971) Sch 2: 27 June 2011 (r 2) -- 213, 2012 31 Aug 2012 (F2012L01819) 1 Sept 2012 (s 2) -- 5, 2013 19 Feb 2013 (F2013L00218) Sch 2: 1 Sept 2014 (s 2) -- as amended by 254, 2013 25 Nov 2013 (F2013L01976) Sch 1 (items 2, 3): 26 Nov 2013 (s 2) -- 80, 2013 20 May 2013 (F2013L00798) Sch 1 (items 1-7, 124, 127): 21 May 2013 (s 2) -- 188, 2013 26 July 2013 (F2013L01444) Sch 1 (items 1-5): 1 Mar 2014 (s 2) -- 222, 2013 8 Aug 2013 (F2013L01539) Sch 1 (item 1): 1 Sept 2014 (s 2) -- as amended by 254, 2013 25 Nov 2013 (F2013L01976) Sch 1 (item 1): 26 Nov 2013 (s 2) -- 274, 2013 17 Dec 2013 (F2013L02129) Sch 1 (items 1-21, 465-467): 1 Sept 2014 (s 2 item 2) -- 275, 2013 17 Dec 2013 (F2013L02128) Sch 1 (items 1-8): 18 Dec 2013 (s 2) -- 40, 2014 15 Apr 2014 (F2014L00414) Sch 1 (items 1-11): 1 May 2014 (s 2 item 2) -- 125, 2014 25 Aug 2014 (F2014L01122) Sch 1 (items 1-3): 1 Sept 2014 (s 2) -- as amended by Act No 145, 2015 12 Nov 2015 Sch 2 (item 6): 1 Sept 2014 (s 2(1) item 6) -- 135, 2014 23 Sept 2014 (F2014L01261) Sch 1 (items 1, 2): 5 Mar 2015 (s 2) -- 165, 2014 3 Nov 2014 (F2014L01471) 13 Nov 2014 (s 2) -- 166, 2014 3 Nov 2014 (F2014L01470) Sch 1 (items 1-3): 4 Nov 2014 (s 2) -- 245, 2015 14 Dec 2015 (F2015L01980) Sch 1 (items 1-3): 15 Dec 2015 (s 2(1) item 2) Sch 2 (items 1-4): 1 June 2016 (s 2(1) item 3) Sch 3 (items 1, 2): 4 July 2016 (s 2(1) item 4) -- 246, 2015 14 Dec 2015 (F2015L01992) Sch 1 (items 39-45): 15 Dec 2015 (s 2(1) item 3) -- 247, 2015 14 Dec 2015 (F2015L01995) Sch 1 (items 1-3): 20 Apr 2016 (s 2(1) item 1) -- Name Registration Commencement Application, saving and transitional provisions Civil Aviation Legislation Amendment (Part 101) Regulation 2016 29 Mar 2016 (F2016L00400) Sch 1 (item 4): 29 Sept 2016 (s 2(1) item 1) -- Act Number and year Assent Commencement Application, saving and transitional provisions Civil Aviation Amendment Act 1990 25, 1990 24 May 1990 s 50: 24 May 1990 (s 2(4)) s 50(2) Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 137, 2000 24 Nov 2000 Sch 2 (items 130, 418, 419): 24 May 2001 (s 2(3)) Sch 2 (items 418, 419) Civil Aviation Amendment Act 2003 105, 2003 21 Oct 2003 s 4 and Sch 2 (item 2): 21 Oct 2003 (s 2(1) items 1, 12) Sch 2 (item 1): 20 Feb 2004 (s 2(1) item 11) s 4 Endnote 4--Amendment history Provision affected How affected Part 1 r 1........................................ rs No 235, 1998 r 2........................................ am No 216, 1990; No 258, 1990; No 332, 1990; No 466, 1990; No 157, 1991; No 287, 1991; No 382, 1991; No 487, 1991; No 258, 1992; No 279, 1992; No 325, 1992; No 342, 1992; No 380, 1992; No 221, 1993; No 319, 1993; No 93, 1994; No 382, 1994; No 224, 1995; No 111, 1997; No 139, 1997; No 219, 1998; No 234, 1998 (disallowed); No 235, 1998; No 288, 1998; No 166, 1999; No 167, 1999; No 262, 1999; No 353, 1999; No 354, 1999; No 8, 2000; No 204, 2000 (Sch 3 item 1 disallowed); No 294, 2000; No 295, 2000; No 349, 2001; No 350, 2002; No 95, 2003; No 189, 2003; No 201, 2003; No 232, 2003; No 240, 2003; No 134, 2004; No 216, 2004; No 217, 2004; No 222, 2004; No 345, 2004; No 243, 2005; No 70, 2007; No 171, 2007; No 273, 2008; No 64, 2009; No 81, 2010; No 328, 2010; No 76, 2011; No 77, 2011; No 213, 2012; No 5, 2013; No 80, 2013; No 274, 2013; No 40, 2014; No 125, 2014; No 247, 2015 r 2AA................................... ad No 70, 2007 r 2A...................................... ad No 487, 1991 am No 224, 1995; No 76, 2011; No 77, 2011 r 2B...................................... ad No 187, 1994 am No 224, 1995; No 345, 2004; No 80, 2013 r 2C...................................... ad No 235, 1998 am No 350, 2002; No 328, 2010 r 3........................................ am No 224, 1995; No 80, 2013 Part 2 r 4........................................ am No 224, 1995; No 80, 2013 r 4A...................................... ad No 122, 1995 am No 224, 1995 rep No 224, 1995 r 5........................................ am No 289, 1990; No 224, 1995; No 80, 2013 r 5A...................................... ad No 187, 1994 am No 382, 1994; No 224, 1995; No 345, 2004; No 80, 2013 r 6........................................ am No 224, 1995; No 80, 2013 r 6A...................................... ad No 289, 1990 am No 174, 1992; No 173, 1994; No 224, 1995; No 67, 1997; No 201, 2003; No 345, 2004 r 7........................................ am No 287, 1991; No 279, 1992; No 224, 1995; No 23, 1997; No 345, 2004 rep No 77, 2011 Part 3.................................... rep No 134, 2004 Division 1 heading............... rs No 325, 1992 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 Division 1............................ rep No 204, 2000 (Sch 3 item 4 disallowed) r 7A...................................... ad No 325, 1992 rep No 204, 2000 (Sch 3 item 4 disallowed) am No 349, 2001 rep No 134, 2004 r 8........................................ rs No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 9........................................ rs No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 Division 2 heading............... ad No 325, 1992 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 Division 2............................ rep No 204, 2000 (Sch 3 item 4 disallowed) r 10...................................... rs No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 11...................................... am No 147, 1991 rs No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 12...................................... am No 147, 1991 rs No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13...................................... rs No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13A.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13B.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 Division 3 heading............... am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 Division 3............................ ad No 325, 1992 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13C.................................... ad No 325, 1992 am No 173, 1994; No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed) am No 201, 2003 rep No 134, 2004 r 13D.................................... ad No 325, 1992 am No 173, 1994; No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed) am No 201, 2003 rep No 134, 2004 r 13E.................................... ad No 325, 1992 am No 173, 1994; No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed) am No 201, 2003 rep No 134, 2004 r 13F.................................... ad No 325, 1992 am No 173, 1994; No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed) am No 201, 2003 rep No 134, 2004 r 13G.................................... ad No 325, 1992 am No 173, 1994; No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed) am No 201, 2003 rep No 134, 2004 r 13H.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13I..................................... ad No 325, 1992 am No 173, 1994; No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed) am No 201, 2003 rep No 134, 2004 Division 4............................ ad No 325, 1992 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13J..................................... ad No 325, 1992 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13K.................................... ad No 325, 1992 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13L.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13M................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13N.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13O.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13P.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13Q.................................... ad No 325, 1992 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13R.................................... ad No 325, 1992 am No 173, 1994; No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed) am No 201, 2003 rep No 134, 2004 r 13S.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 Division 5 heading............... ad No 325, 1992 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 Division 5............................ rep No 204, 2000 (Sch 3 item 4 disallowed) r 13T.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 13U.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 r 14...................................... rs No 325, 1992 am No 224, 1995 rep No 204, 2000 (Sch 3 item 4 disallowed); No 134, 2004 Division 6 heading............... ad No 325, 1992 rep No 134, 2004 r 15...................................... am No 204, 2000 (Sch 3 item 5 disallowed) rep No 134, 2004 Division 7............................ rep No 204, 2000 r 16...................................... am No 147, 1991; No 325, 1992; No 221, 1993; No 173, 1994; No 224, 1995; No 235, 1998 rep No 204, 2000 r 16A.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 r 16B.................................... ad No 325, 1992 am No 224, 1995 rep No 204, 2000 r 17...................................... am No 325, 1992 rep No 204, 2000 r 17A.................................... ad No 325, 1992 rep No 204, 2000 r 18...................................... am No 147, 1991; No 325, 1992 rep No 204, 2000 r 19...................................... am No 147, 1991 rep No 325, 1992 r 20...................................... am No 147, 1991 rs No 325, 1992 am No 173, 1994 rep No 204, 2000 Part 4 Division 1............................ rs No 235, 1998 rep No 76, 2011 r 20A.................................... ad No 332, 1990 rep No 235, 1998 r 20B.................................... ad No 332, 1990 am No 224, 1995 rep No 235, 1998 r 21...................................... am No 224, 1995 rs No 235, 1998; No 166, 1999 rep No 76, 2011 r 21A.................................... ad No 166, 1999 rep No 76, 2011 r 22...................................... am No 332, 1990; No 224, 1995 rep No 235, 1998 r 22A.................................... ad No 332, 1990 am No 224, 1995 rep No 235, 1998 r 22B.................................... ad No 332, 1990 am No 147, 1991; No 173, 1994; No 224, 1995 rep No 235, 1998 r 22C.................................... ad No 332, 1990 am No 147, 1991; No 173, 1994; No 224, 1995 rep No 235, 1998 r 22D.................................... ad No 332, 1990 am No 224, 1995 rep No 235, 1998 r 22E.................................... ad No 332, 1990 am No 287, 1991; No 224, 1995 rep No 235, 1998 r 22F.................................... ad No 332, 1990 am No 224, 1995 rep No 235, 1998 r 23...................................... am No 332, 1990; No 224, 1995 rep No 235, 1998 Division 2............................ rep No 235, 1998 r 24...................................... am No 332, 1990; No 487, 1991; No 325, 1992; No 221, 1993; No 224, 1995 rep No 235, 1998 r 25...................................... am No 289, 1990; No 332, 1990; No 147, 1991; No 325, 1992; No 173, 1994; No 224, 1995 rep No 235, 1998 r 26...................................... am No 289, 1990; No 224, 1995 rep No 235, 1998 r 27...................................... am No 289, 1990; No 147, 1991; No 325, 1992; No 173, 1994 rep No 235, 1998 r 28...................................... am No 224, 1995 rep No 235, 1998 Division 2 r 29...................................... am No 289, 1990; No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 Division 3 Division 3 heading............... rs No 487, 1991 am No 93, 1994 r 29A.................................... ad No 93, 1994 am No 224, 1995 r 30...................................... am No 289, 1990; No 147, 1991; No 487, 1991; No 221, 1993; No 173, 1994; No 224, 1995; No 235, 1998; No 166, 1999; No 201, 2003; No 328, 2010; No 188, 2013; No 275, 2013; No 246, 2015 r 30AA................................. ad No 246, 2015 r 30A.................................... ad No 487, 1991 am No 224, 1995; No 77, 2011 r 30B.................................... ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 77, 2011 r 31...................................... am No 147, 1991; No 426, 1991; No 173, 1994; No 382, 1994; No 396, 1994; No 224, 1995; No 201, 2003 rep No 328, 2010 r 31A.................................... ad No 426, 1991 am No 224, 1995 rep No 328, 2010 r 31B.................................... ad No 426, 1991 am No 224, 1995 rep No 328, 2010 r 31C.................................... ad No 426, 1991 am No 224, 1995 rep No 328, 2010 r 31D.................................... ad No 426, 1991 am No 224, 1995 rep No 328, 2010 r 32...................................... am No 224, 1995 rs No 328, 2010 r 32A.................................... ad No 426, 1991 am No 224, 1995 rep No 328, 2010 r 32B.................................... ad No 426, 1991 am No 224, 1995 rep No 328, 2010 r 33...................................... am No 93, 1994; No 224, 1995; No 328, 2010 r 33A.................................... ad No 487, 1991 am No 224, 1995 rep No 77, 2011 r 33B.................................... ad No 487, 1991 am No 93, 1994; No 173, 1994; No 224, 1995; No 201, 2003; No 328, 2010 r 33C.................................... ad No 93, 1994 am No 224, 1995 r 33D.................................... ad No 93, 1994 am No 224, 1995 r 33E.................................... ad No 93, 1994 am No 224, 1995 r 33F.................................... ad No 93, 1994 am No 224, 1995; No 201, 2003 r 33G.................................... ad No 93, 1994 am No 224, 1995 r 33H.................................... ad No 93, 1994 am No 224, 1995; No 77, 2011 r 33I..................................... ad No 93, 1994 am No 224, 1995; No 201, 2003 Division 4 Division 4 heading............... rs No 487, 1991 r 34...................................... am No 289, 1990; No 147, 1991; No 487, 1991; No 173, 1994; No 224, 1995; No 201, 2003 rep No 76, 2011 r 35...................................... am No 332, 1990; No 147, 1991; No 487, 1991; No 73, 1994; No 224, 1995; No 235, 1998; No 350, 2002; No 201, 2003 rep No 76, 2011 r 36...................................... am No 224, 1995; No 235, 1998; No 166, 1999; No 350, 2002 rep No 76, 2011 r 36A.................................... ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 76, 2011 r 37...................................... am No 289, 1990; No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003; No 76, 2011; No 80, 2013 Division 5............................ ad No 487, 1991 rep No 267, 2002 r 37A.................................... ad No 487, 1991 am No 173, 1994; No 224, 1995 rep No 267, 2002 Part 4A Part 4A................................. ad No 487, 1991 Division 1 Division 1 heading............... am No 224, 1995 r 38...................................... am No 289, 1990; No 147, 1991 rs No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 Division 2 Subdivision 1 r 39...................................... am No 147, 1991 rs No 487, 1991 am No 173, 1994; No 201, 2003 r 40...................................... am No 147, 1991 rs No 487, 1991 am No 173, 1994; No 224, 1995 rs No 201, 2003 Subdivision 2 r 41...................................... am No 147, 1991 rs No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 r 42...................................... am No 147, 1991 rs No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 r 42A.................................... ad No 487, 1991 am No 224, 1995 r 42B.................................... ad No 487, 1991 am No 224, 1995 r 42C.................................... ad No 487, 1991 am No 224, 1995 r 42CA................................. ad No 235, 1998 am No 350, 2002 r 42CB.................................. ad No 235, 1998 am No 350, 2002 r 42D.................................... ad No 487, 1991 am No 224, 1995 r 42E.................................... ad No 487, 1991 am No 224, 1995 r 42F.................................... ad No 487, 1991 Subdivision 3 r 42G.................................... ad No 487, 1991 am No 382, 1994; No 396, 1994; No 224, 1995; No 345, 2004; No 274, 2013 r 42H.................................... ad No 487, 1991 Division 3 r 42J..................................... ad No 487, 1991 am No 224, 1995 r 42K.................................... ad No 487, 1991 am No 224, 1995 r 42L.................................... ad No 487, 1991 r 42M................................... ad No 487, 1991 am No 224, 1995; No 345, 2004 r 42N.................................... ad No 487, 1991 am No 224, 1995 r 42P.................................... ad No 487, 1991 am No 224, 1995 r 42Q.................................... ad No 487, 1991 am No 174, 1992; No 224, 1995 r 42R.................................... ad No 487, 1991 am No 224, 1995; No 345, 2004 r 42S.................................... ad No 487, 1991 am No 224, 1995 r 42T.................................... ad No 487, 1991 Division 4 r 42U.................................... ad No 487, 1991 am No 173, 1994; No 224, 1995; No 166, 1999; No 201, 2003; No 76, 2011; No 245, 2015 r 42V.................................... ad No 487, 1991 am No 173, 1994; No 201, 2003 r 42W................................... ad No 487, 1991 am No 174, 1992; No 173, 1994; No 224, 1995; No 235, 1998; No 227, 2000; No 350, 2002; No 201, 2003; No 345, 2004; No 76, 2011; No 274, 2013; No 275, 2013; No 40, 2014; No 166, 2014; No 245, 2015 r 42WA................................ ad No 227, 2000 am No 345, 2004; No 274, 2013 r 42X.................................... ad No 487, 1991 am No 174, 1992; No 173, 1994; No 224, 1995; No 201, 2003 r 42Y.................................... ad No 487, 1991 am No 224, 1995 r 42Z.................................... ad No 487, 1991 r 42ZA................................. ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 r 42ZB.................................. ad No 487, 1991 Division 5 r 42ZC.................................. ad No 487, 1991 am No 174, 1992; No 93, 1994; No 173, 1994; No 382, 1994; No 396, 1994; No 224, 1995; No 201, 2003; No 345, 2004; No 328, 2010; No 274, 2013; No 246, 2015 r 42ZD................................. ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 Division 6 Subdivision 1 r 42ZE.................................. ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003; No 328, 2010 r 42ZF.................................. ad No 487, 1991 am No 224, 1995 r 42ZG................................. ad No 487, 1991 am No 224, 1995 r 42ZH................................. ad No 487, 1991 am No 224, 1995 r 42ZJ................................... ad No 487, 1991 am No 174, 1992; No 173, 1994; No 224, 1995; No 201, 2003 r 42ZK................................. ad No 487, 1991 am No 224, 1995; No 345, 2004 r 42ZL.................................. ad No 487, 1991 am No 224, 1995 r 42ZM................................. ad No 487, 1991 Subdivision 2 r 42ZN................................. ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 Subdivision 3 r 42ZP.................................. ad No 487, 1991 am No 173, 1994; No 201, 2003 Division 7 r 42ZQ................................. ad No 487, 1991 am No 224, 1995; No 235, 1998; No 262, 1999; No 350, 2002; No 76, 2011; No 245, 2015 r 42ZR.................................. ad No 487, 1991 am No 224, 1995; No 345, 2004 r 42ZS.................................. ad No 487, 1991 am No 224, 1995; No 345, 2004 r 42ZT.................................. ad No 487, 1991 am No 224, 1995; No 345, 2004 r 42ZU................................. ad No 487, 1991 am No 224, 1995 Division 8 r 42ZV................................. ad No 487, 1991 am No 173, 1994 rs No 111, 1997 am No 201, 2003 r 42ZW................................. ad No 111, 1997 am No 201, 2003 r 42ZX................................. ad No 111, 1997 r 42ZY................................. ad No 111, 1997 am No 201, 2003 r 42ZZ.................................. ad No 111, 1997 am No 210, 1999; No 201, 2003 r 42ZZA............................... ad No 111, 1997 am No 201, 2003 Division 9 Division 9 heading............... ad No 487, 1991 r 43...................................... am No 289, 1990; No 147, 1991; No 487, 1991; No 173, 1994; No 224, 1995; No 235, 1998; No 166, 1999; No 201, 2003; No 80, 2013; No 40, 2014 r 43A.................................... ad No 174, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 r 43B.................................... ad No 342, 1992 am No 221, 1993; No 173, 1994; No 201, 2003 r 44...................................... am No 289, 1990; No 147, 1991; No 487, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 45...................................... am No 289, 1990; No 224, 1995 r 46...................................... am No 289, 1990; No 147, 1991; No 487, 1991; No 173, 1994; No 201, 2003 r 47...................................... am No 147, 1991; No 487, 1991; No 173, 1994; No 201, 2003; No 76, 2011; No 80, 2013; No 188, 2013; No 40, 2014 r 48...................................... am No 147, 1991; No 487, 1991; No 173, 1994; No 201, 2003 r 49...................................... am No 147, 1991; No 487, 1991; No 173, 1994 rs No 201, 2003 am No 328, 2010; No 40, 2014 r 50...................................... am No 147, 1991; No 487, 1991; No 325, 1992; No 173, 1994 rs No 201, 2003 Division 10 Division 10.......................... ad No 487, 1991 r 50A.................................... ad No 487, 1991 rs No 342, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 r 50B.................................... ad No 487, 1991 am No 174, 1992; No 173, 1994; No 224, 1995; No 201, 2003 r 50C.................................... ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 r 50D.................................... ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003; No 345, 2004 Division 11 Division 11.......................... ad No 487, 1991 r 50E.................................... ad No 487, 1991 am No 224, 1995; No 80, 2013 r 50F.................................... ad No 487, 1991 am No 173, 1994; No 201, 2003 r 50G.................................... ad No 146, 2009 Part 4B Part 4B heading.................... ad No 487, 1991 r 51...................................... am No 147, 1991; No 487, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 51A.................................... ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 r 51B.................................... ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 r 52...................................... am No 147, 1991 rs No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 r 52A.................................... ad No 487, 1991 am No 224, 1995 r 52B.................................... ad No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 r 53...................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 Part 4C Part 4C................................. ad No 167, 1999 r 54...................................... am No 289, 1990; No 147, 1991 rep No 487, 1991 ad No 167, 1999 am No 350, 2002; No 345, 2004 rs No 76, 2011 Part V................................... rep No 279, 1992 r 55...................................... rs No 216, 1990 am No 426, 1991 rep No 279, 1992 ad No 167, 1999 am No 221, 2002; No 350, 2002; No 201, 2003 rep No 76, 2011 r 55A.................................... ad No 216, 1990 am No 147, 1991 rs No 174, 1992; No 342, 1992 rep No 279, 1992 ad No 221, 2002 rep No 76, 2011 r 55B.................................... ad No 216, 1990 am No 147, 1991 rep No 279, 1992 Part 4D Part 4D heading.................... rs No 245, 2015 Part 4D................................. ad No 204, 2000 r 56...................................... am No 31, 1989; No 216, 1990 rep No 279, 1992 ad No 204, 2000 am No 350, 2002 r 57...................................... am No 31, 1989; No 216, 1990; No 147, 1991 rep No 279, 1992 ad No 204, 2000 am No 350, 2002; No 201, 2003 r 58...................................... rs No 216, 1990 rep No 279, 1992 ad No 204, 2000 am No 350, 2002; No 201, 2003 r 59...................................... am No 216, 1990 rep No 279, 1992 ad No 204, 2000 am No 201, 2003 r 60...................................... am No 216, 1990 rep No 279, 1992 ad No 204, 2000 am No 201, 2003 r 61...................................... rep No 279, 1992 ad No 204, 2000 am No 201, 2003; No 345, 2004 rep No 245, 2015 r 62...................................... am No 216, 1990 rep No 279, 1992 r 63...................................... rs No 216, 1990 am No 147, 1991 rep No 279, 1992 r 64...................................... am No 216, 1990; No 147, 1991 rep No 279, 1992 r 65...................................... rep No 279, 1992 r 66...................................... am No 147, 1991; No 426, 1991 rep No 279, 1992 r 67...................................... rep No 279, 1992 r 68...................................... rs No 216, 1990 am No 426, 1991 rep No 279, 1992 r 69...................................... am No 147, 1991 rep No 279, 1992 r 70...................................... am No 147, 1991 rep No 279, 1992 r 71...................................... am No 147, 1991 rep No 279, 1992 r 72...................................... am No 216, 1990 rep No 279, 1992 r 72A.................................... ad No 216, 1990 am No 287, 1991 rep No 279, 1992 r 72B.................................... ad No 216, 1990 rep No 279, 1992 r 72C.................................... ad No 216, 1990 am No 147, 1991; No 157, 1991 rep No 279, 1992 r 72D.................................... ad No 216, 1990 am No 147, 1991; No 157, 1991 rep No 279, 1992 r 72E.................................... ad No 216, 1990 am No 287, 1991 rep No 279, 1992 r 72F.................................... ad No 216, 1990 rep No 279, 1992 r 73...................................... rep No 279, 1992 r 74...................................... am No 147, 1991 rep No 279, 1992 Part 5 Part 5.................................... ad No 279, 1992 rs No 5, 2013 am No 274, 2013 Division 5.1 r 5.01................................... ad No 279, 1992 am No 380, 1992; No 288, 1998; No 240, 2003 rs No 5, 2013 am No 125, 2014 r 5.01A................................. ad No 32, 1998 rep No 5, 2013 r 5.01B................................. ad No 32, 1998 am No 294, 2000 rep No 5, 2013 Division 2 heading............... rs No 273, 2008 rep No 5, 2013 r 5.02................................... ad No 279, 1992 am No 224, 1995 rs No 5, 2013 r 5.03................................... ad No 279, 1992 rs No 5, 2013 Division 5.2 r 5.04................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003; No 232, 2003; No 273, 2008 rs No 5, 2013 r 5.05................................... ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003 rs No 5, 2013 r 5.06................................... ad No 279, 1992 am No 173, 1994; No 201, 2003; No 232, 2003 rep No 5, 2013 r 5.07................................... ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003 rs No 5, 2013 Division 5.3 r 5.08................................... ad No 279, 1992 am No 224, 1995; No 139, 1997; No 353, 1999; No 273, 2008; No 80, 2013 rs No 5, 2013 r 5.09................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rs No 5, 2013 r 5.10................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.11................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 77, 2011 r 5.12................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.13................................... ad No 279, 1992 am No 224, 1995; No 354, 1999 rs No 5, 2013 r 5.14................................... ad No 279, 1992 am No 224, 1995; No 354, 1999 rs No 5, 2013 r 5.15................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.16................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 77, 2011 r 5.17................................... ad No 279, 1992 am No 224, 1995 rs No 5, 2013 r 5.17A................................. ad No 354, 1999 rep No 5, 2013 r 5.18................................... ad No 279, 1992 am No 224, 1995 rs No 5, 2013 r 5.19................................... ad No 279, 1992 am No 224, 1995 rs No 354, 1999; No 5, 2013 r 5.20................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rs No 5, 2013 r 5.20A................................. ad No 354, 1999 rep No 5, 2013 r 5.20B................................. ad No 354, 1999 rep No 5, 2013 r 5.20C................................. ad No 354, 1999 rep No 5, 2013 r 5.21................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003 rep No 5, 2013 r 5.22................................... ad No 279, 1992 am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.23................................... ad No 279, 1992 am No 380, 1992; No 224, 1995 rs No 5, 2013 r 5.24................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.25................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 77, 2011 r 5.26................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.26B................................. ad No 261, 2000 am No 362, 2000 rep No 184, 2006 r 5.26D................................. ad No 261, 2000 rep No 362, 2000 r 5.26F................................. ad No 261, 2000 am No 362, 2000; No 201, 2003 rep No 184, 2006 r 5.26G................................. ad No 362, 2000 rep No 184, 2006 r 5.26GA.............................. ad No 362, 2000 rep No 184, 2006 r 5.26H................................. ad No 261, 2000 am No 362, 2000 rep No 184, 2006 r 5.26J.................................. ad No 261, 2000 am No 362, 2000 rep No 184, 2006 r 5.26L................................. ad No 261, 2000 rep No 362, 2000 Division 5.4 r 5.27................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998 rs No 5, 2013 r 5.28................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.29................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 77, 2011 r 5.30................................... ad No 279, 1992 am No 224, 1995; No 288, 1998 rs No 5, 2013 r 5.31................................... ad No 279, 1992 am No 288, 1998 rs No 5, 2013 r 5.32................................... ad No 279, 1992 am No 224, 1995; No 288, 1998 rs No 5, 2013 r 5.33................................... ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003 rs No 5, 2013 r 5.34................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 5, 2013 r 5.35................................... ad No 279, 1992 am No 173, 1994 rs No 201, 2003 rep No 5, 2013 r 5.36................................... ad No 279, 1992 am No 224, 1995 rep No 5, 2013 r 5.37................................... ad No 279, 1992 am No 173, 1994 rs No 201, 2003 rep No 5, 2013 r 5.38................................... ad No 279, 1992 am No 173, 1994; No 187, 1994; No 224, 1995; No 319, 2002; No 201, 2003 rep No 5, 2013 r 5.39................................... ad No 279, 1992 am No 173, 1994; No 187, 1994; No 224, 1995 rep No 319, 2002 Division 5.5 r 5.40................................... ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003; No 273, 2008 rs No 5, 2013 r 5.41................................... ad No 279, 1992 am No 224, 1995; No 288, 1998; No 273, 2008 rs No 5, 2013 r 5.42................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003; No 77, 2011 rs No 5, 2013 r 5.43................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.44................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 77, 2011 r 5.45................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.46................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.47................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 77, 2011 r 5.48................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.49................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 5.50................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rs No 5, 2013 r 5.51................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 354, 1999; No 261, 2000; No 201, 2003 rs No 5, 2013 r 5.52................................... ad No 279, 1992 am No 173, 1994; No 382, 1994; No 224, 1995; No 201, 2003 rs No 5, 2013 r 5.53................................... ad No 279, 1992 am No 173, 1994; No 201, 2003 rs No 5, 2013 r 5.54................................... ad No 279, 1992 am No 221, 1993; No 224, 1995; No 201, 2003; No 80, 2013 rs No 5, 2013 r 5.54A................................. ad No 5, 2013 r 5.55................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 5, 2013 r 5.56................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003 rs No 5, 2013 Division 5.6 r 5.57................................... ad No 279, 1992 rs No 5, 2013 r 5.58................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rs No 5, 2013 r 5.59................................... ad No 279, 1992 am No 224, 1995; No 288, 1998; No 354, 1999; No 261, 2000 rs No 5, 2013 r 5.60................................... ad No 279, 1992 am No 224, 1995; No 240, 2003 rep No 5, 2013 Division 3............................ am No 224, 1995 rep No 5, 2013 Division 5.7 r 5.61................................... ad No 279, 1992 am No 224, 1995 rs No 5, 2013 r 5.62................................... ad No 279, 1992 rs No 5, 2013 r 5.63................................... ad No 279, 1992 am No 224, 1995 rs No 5, 2013 Division 4............................ am No 224, 1995 rep No 5, 2013 r 5.64................................... ad No 279, 1992 rep No 5, 2013 r 5.65................................... ad No 279, 1992 rep No 5, 2013 r 5.66................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 5, 2013 r 5.67................................... ad No 279, 1992 am No 173, 1994; No 32, 1998; No 288, 1998; No 201, 2003 rep No 5, 2013 r 5.68................................... ad No 279, 1992 am No 173, 1994; No 32, 1998; No 201, 2003 rep No 5, 2013 r 5.69................................... ad No 279, 1992 am No 173, 1994; No 32, 1998; No 201, 2003 rep No 5, 2013 r 5.70................................... ad No 279, 1992 am No 173, 1994; No 32, 1998; No 201, 2003 rep No 5, 2013 r 5.71................................... ad No 279, 1992 am No 173, 1994; No 32, 1998; No 201, 2003 rep No 5, 2013 r 5.72................................... ad No 279, 1992 am No 173, 1994; No 32, 1998; No 288, 1998 rs No 201, 2003 rep No 5, 2013 r 5.73................................... ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 r 5.74................................... ad No 279, 1992 am No 173, 1994; No 32, 1998; No 201, 2003 rep No 5, 2013 r 5.75................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 5, 2013 r 5.76................................... ad No 279, 1992 am No 221, 1993 rep No 5, 2013 Division 5............................ am No 224, 1995 rep No 5, 2013 r 5.77................................... ad No 279, 1992 am No 224, 1995; No 288, 1998; No 273, 2008 rep No 5, 2013 r 5.78................................... ad No 279, 1992 rep No 5, 2013 r 5.79................................... ad No 279, 1992 am No 380, 1992; No 224, 1995 rep No 5, 2013 r 5.80................................... ad No 279, 1992 am No 224, 1995; No 32, 1998; No 288, 1998; No 354, 1999 rep No 5, 2013 r 5.81................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.82................................... ad No 279, 1992 am No 173, 1994; No 201, 2003; No 273, 2008 rep No 5, 2013 r 5.83................................... ad No 279, 1992 rep No 5, 2013 r 5.84................................... ad No 279, 1992 am No 221, 1993 rep No 5, 2013 r 5.85................................... ad No 279, 1992 am No 224, 1995; No 240, 2003; No 273, 2008 rep No 5, 2013 r 5.86................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 5, 2013 Division 6............................ am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.87................................... ad No 279, 1992 am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.88................................... ad No 279, 1992 rep No 5, 2013 r 5.89................................... ad No 279, 1992 am No 380, 1992; No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.90................................... ad No 279, 1992 am No 224, 1995; No 32, 1998; No 288, 1998 rep No 5, 2013 r 5.91................................... ad No 279, 1992 am No 418, 1992; No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.92................................... ad No 279, 1992 am No 173, 1994; No 201, 2003; No 273, 2008 rep No 5, 2013 r 5.93................................... ad No 279, 1992 rep No 5, 2013 r 5.94................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003 rep No 5, 2013 Division 7............................ am No 224, 1995 rep No 5, 2013 r 5.95................................... ad No 279, 1992 am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.96................................... ad No 279, 1992 rep No 5, 2013 r 5.97................................... ad No 279, 1992 am No 380, 1992; No 224, 1995 rep No 5, 2013 r 5.98................................... ad No 279, 1992 am No 224, 1995 rep No 5, 2013 r 5.99................................... ad No 279, 1992 am No 418, 1992; No 173, 1994; No 224, 1995; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.100................................. ad No 279, 1992 am No 173, 1994; No 201, 2003; No 273, 2008 rep No 5, 2013 r 5.101................................. ad No 279, 1992 am No 221, 1993 rep No 5, 2013 r 5.102................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 5, 2013 r 5.103................................. ad No 279, 1992 am No 224, 1995 rep No 5, 2013 r 5.104................................. ad No 279, 1992 am No 224, 1995; No 288, 1998; No 273, 2008 rep No 5, 2013 r 5.105................................. ad No 279, 1992 rep No 5, 2013 r 5.106................................. ad No 279, 1992 am No 380, 1992; No 224, 1995 rep No 5, 2013 r 5.107................................. ad No 279, 1992 am No 224, 1995; No 32, 1998; No 288, 1998; No 354, 1999 rep No 5, 2013 r 5.108................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.109................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 r 5.110................................. ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003 rep No 5, 2013 r 5.111................................. ad No 279, 1992 am No 221, 1993; No 288, 1998 rep No 5, 2013 r 5.112................................. ad No 279, 1992 am No 224, 1995; No 240, 2003 rep No 5, 2013 r 5.113................................. ad No 279, 1992 am No 221, 1993; No 288, 1998 rep No 5, 2013 r 5.114................................. ad No 279, 1992 am No 221, 1993; No 288, 1998 rep No 5, 2013 r 5.115................................. ad No 279, 1992 am No 221, 1993; No 288, 1998; No 273, 2008 rep No 5, 2013 r 5.116................................. ad No 279, 1992 am No 224, 1995; No 240, 2003; No 273, 2008 rep No 5, 2013 r 5.116A............................... ad No 273, 2008 rep No 5, 2013 r 5.117................................. ad No 279, 1992 am No 273, 2008 rep No 5, 2013 r 5.118................................. ad No 279, 1992 am No 273, 2008 rep No 5, 2013 r 5.119................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003; No 273, 2008 rep No 5, 2013 Division 9............................ am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.120................................. ad No 279, 1992 am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.121................................. ad No 279, 1992 rep No 5, 2013 r 5.122................................. ad No 279, 1992 am No 380, 1992; No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.123................................. ad No 279, 1992 am No 224, 1995; No 32, 1998; No 288, 1998 rep No 5, 2013 r 5.124................................. ad No 279, 1992 am No 418, 1992; No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.125................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 r 5.126................................. ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003 rep No 5, 2013 r 5.127................................. ad No 279, 1992 rep No 5, 2013 r 5.128................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003 rep No 5, 2013 Division 10.......................... am No 224, 1995 rep No 5, 2013 r 5.129................................. ad No 279, 1992 am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.130................................. ad No 279, 1992 rep No 5, 2013 r 5.131................................. ad No 279, 1992 am No 380, 1992; No 224, 1995 rep No 5, 2013 r 5.132................................. ad No 279, 1992 am No 224, 1995 rep No 5, 2013 r 5.133................................. ad No 279, 1992 am No 418, 1992; No 173, 1994; No 224, 1995; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.134................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 r 5.135................................. ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003 rep No 5, 2013 r 5.136................................. ad No 279, 1992 am No 221, 1993; No 273, 2008 rep No 5, 2013 r 5.137................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 5, 2013 Division 11.......................... am No 224, 1995 rep No 5, 2013 Division 5.11 r 5.138................................. ad No 279, 1992 am No 224, 1995; No 288, 1998 rs No 5, 2013 r 5.139................................. ad No 279, 1992 rs No 5, 2013 r 5.140................................. ad No 279, 1992 am No 224, 1995 rs No 5, 2013 r 5.141................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rs No 5, 2013 r 5.142................................. ad No 279, 1992 am No 418, 1992; No 224, 1995 rs No 5, 2013 r 5.143................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rs No 5, 2013 r 5.144................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rs No 5, 2013 r 5.145................................. ad No 279, 1992 rs No 5, 2013 r 5.146................................. ad No 279, 1992 rs No 5, 2013 r 5.147................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rs No 5, 2013 r 5.148................................. ad No 279, 1992 am No 80, 2013 rep No 5, 2013 Division 12.......................... am No 224, 1995 rep No 5, 2013 r 5.149................................. ad No 279, 1992 rep No 5, 2013 r 5.150................................. ad No 279, 1992 am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.151................................. ad No 279, 1992 rep No 5, 2013 r 5.152................................. ad No 279, 1992 am No 380, 1992; No 224, 1995 rep No 5, 2013 r 5.153................................. ad No 279, 1992 am No 224, 1995 rep No 5, 2013 r 5.154................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.155................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 r 5.156................................. ad No 279, 1992 am No 173, 1994 rs No 201, 2003 rep No 5, 2013 r 5.157................................. ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003 rep No 5, 2013 r 5.158................................. ad No 279, 1992 am No 288, 1998 rep No 5, 2013 r 5.159................................. ad No 279, 1992 am No 224, 1995; No 240, 2003 rep No 5, 2013 r 5.160................................. ad No 279, 1992 am No 221, 1993; No 288, 1998 rep No 5, 2013 r 5.161................................. ad No 279, 1992 am No 224, 1995; No 240, 2003 rep No 5, 2013 r 5.162................................. ad No 279, 1992 rep No 5, 2013 r 5.163................................. ad No 279, 1992 am No 273, 2008 rep No 5, 2013 r 5.164................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 5, 2013 Division 13.......................... am No 240, 2003 rep No 5, 2013 r 5.165................................. ad No 279, 1992 am No 224, 1995; No 288, 1998; No 273, 2008 rep No 5, 2013 r 5.166................................. ad No 279, 1992 rep No 5, 2013 r 5.167................................. ad No 279, 1992 am No 380, 1992; No 224, 1995 rep No 5, 2013 r 5.168................................. ad No 279, 1992 am No 224, 1995; No 32, 1998; No 288, 1998 rep No 5, 2013 r 5.169................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.170................................. ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003 rep No 5, 2013 r 5.171................................. ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003 rep No 5, 2013 r 5.172................................. ad No 279, 1992 am No 221, 1993; No 273, 2008 rep No 5, 2013 r 5.173................................. ad No 279, 1992 am No 224, 1995; No 240, 2003; No 273, 2008 rep No 5, 2013 Division 14.......................... am No 288, 1998; No 240, 2003 rep No 5, 2013 r 5.174................................. ad No 279, 1992 am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.175................................. ad No 279, 1992 rep No 5, 2013 r 5.176................................. ad No 279, 1992 am No 380, 1992; No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.177................................. ad No 279, 1992 am No 224, 1995; No 32, 1998; No 288, 1998 rep No 5, 2013 r 5.178................................. ad No 279, 1992 am No 418, 1992; No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.179................................. ad No 279, 1992 am No 221, 1993; No 173, 1994; No 288, 1998; No 201, 2003 rep No 5, 2013 r 5.180................................. ad No 279, 1992 am No 173, 1994; No 288, 1998; No 201, 2003 rep No 5, 2013 r 5.181................................. ad No 279, 1992 rep No 5, 2013 r 5.182................................. ad No 279, 1992 am No 224, 1995; No 240, 2003 rep No 5, 2013 r 5.183................................. ad No 279, 1992 rep No 5, 2013 r 5.184................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 r 5.185................................. ad No 279, 1992 am No 173, 1994 rs No 201, 2003 rep No 5, 2013 r 5.186................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 r 5.187................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 5, 2013 Division 16.......................... am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.188................................. ad No 279, 1992 am No 224, 1995 rep No 5, 2013 r 5.189................................. ad No 279, 1992 rep No 5, 2013 r 5.190................................. ad No 279, 1992 am No 224, 1995; No 288, 1998 rep No 5, 2013 r 5.191................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 r 5.192................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.193................................. ad No 279, 1992 am No 224, 1995; No 240, 2003 rep No 5, 2013 r 5.194................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 288, 1998; No 201, 2003; No 240, 2003 rep No 5, 2013 r 5.195................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 Division 17.......................... ad No 139, 1997 rep No 5, 2013 r 5.195A............................... ad No 139, 1997 rep No 5, 2013 r 5.195B............................... ad No 139, 1997 am No 294, 2000 rep No 5, 2013 r 5.195C............................... ad No 139, 1997 rep No 5, 2013 r 5.195D............................... ad No 139, 1997 am No 201, 2003 rep No 5, 2013 r 5.195E............................... ad No 139, 1997 am No 201, 2003 rep No 5, 2013 r 5.195F............................... ad No 139, 1997 rep No 5, 2013 r 5.196................................. ad No 279, 1992 rep No 5, 2013 r 5.197................................. ad No 279, 1992 am No 224, 1995 rep No 5, 2013 r 5.198................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003; No 77, 2011 rep No 5, 2013 r 5.199................................. ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 5, 2013 r 5.200................................. ad No 279, 1992 am No 224, 1995 rep No 5, 2013 r 5.201................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 r 5.202................................. ad No 279, 1992 rep No 5, 2013 r 5.203................................. ad No 279, 1992 am No 173, 1994 rs No 201, 2003 rep No 5, 2013 r 5.204................................. ad No 279, 1992 rep No 5, 2013 r 5.205................................. ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 5, 2013 Division 19.......................... ad No 273, 2008 rep No 5, 2013 r 5.206................................. ad No 273, 2008 rep No 5, 2013 r 5.207................................. ad No 273, 2008 rep No 5, 2013 r 5.208................................. ad No 273, 2008 rep No 5, 2013 r 5.209................................. ad No 273, 2008 rep No 5, 2013 r 5.210................................. ad No 273, 2008 rep No 5, 2013 r 5.211................................. ad No 273, 2008 rep No 5, 2013 r 5.212................................. ad No 273, 2008 rep No 5, 2013 r 5.213................................. ad No 273, 2008 rep No 5, 2013 r 5.214................................. ad No 273, 2008 rep No 5, 2013 r 5.215................................. ad No 273, 2008 rep No 5, 2013 r 5.216................................. ad No 273, 2008 rep No 5, 2013 r 5.217................................. ad No 273, 2008 rep No 5, 2013 r 5.218................................. ad No 273, 2008 rep No 5, 2013 Part 6.................................... ad No 279, 1992 rep No 232, 2003 r 6.01................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.02................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.03................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.04................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.05................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.06................................... ad No 279, 1992 am No 221, 1993; No 224, 1995 rep No 232, 2003 r 6.06A................................. ad No 221, 1993 rep No 232, 2003 r 6.07................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.08................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 232, 2003 r 6.09................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.10................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.11................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.12................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 232, 2003 r 6.13................................... ad No 279, 1992 am No 173, 1994; No 201, 2003 rep No 232, 2003 r 6.14................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.15................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.16................................... ad No 279, 1992 am No 173, 1994; No 224, 1995 rep No 232, 2003 r 6.16A................................. ad No 221, 1993 am No 201, 2003 rep No 232, 2003 r 6.17................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.18................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.19................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.20................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 r 6.21................................... ad No 279, 1992 am No 224, 1995 rep No 232, 2003 Part VI.................................. rep No 279, 1992 r 75...................................... am No 147, 1991 rep No 279, 1992 r 76...................................... am No 147, 1991 rep No 279, 1992 Part 7 Part VII heading................... rep No 279, 1992 Part 7 heading....................... ad No 279, 1992 r 77...................................... am No 216, 1990; No 147, 1991 rep No 279, 1992 ad No 70, 2007 r 78...................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 79...................................... am No 147, 1991; No 279, 1992; No 173, 1994; No 224, 1995; No 201, 2003 r 80...................................... am No 147, 1991; No 279, 1992; No 173, 1994; No 224, 1995; No 201, 2003 r 81...................................... am No 289, 1990 Part 8 r 82...................................... am No 147, 1991; No 279, 1992; No 173, 1994; No 382, 1994; No 224, 1995; No 201, 2003; No 77, 2011 r 82A.................................... ad No 279, 1992 am No 382, 1994; No 224, 1995 r 83...................................... am No 147, 1991; No 279, 1992; No 173, 1994; No 382, 1994; No 224, 1995; No 288, 1998; No 201, 2003 rs No 5, 2013 r 83A.................................... ad No 279, 1992 am No 224, 1995 rep No 5, 2013 r 83B.................................... ad No 279, 1992 am No 224, 1995 rep No 77, 2011 r 83C.................................... ad No 279, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 77, 2011 r 83D.................................... ad No 279, 1992 rep No 77, 2011 r 83E.................................... ad No 279, 1992 am No 382, 1994; No 224, 1995 rep No 5, 2013 r 83F.................................... ad No 279, 1992 am No 224, 1995 rep No 5, 2013 r 84...................................... am No 147, 1991; No 279, 1992; No 173, 1994; No 382, 1994; No 201, 2003 r 85...................................... am No 289, 1990; No 353, 1999 Part IX heading..................... rs No 417, 1992 rep No 224, 1995 Part IX.................................. rep No 224, 1995 Division 1 heading............... rep No 417, 1992 r 86...................................... am No 224, 1995 rep No 224, 1995 r 87...................................... am No 417, 1992; No 319, 1993; No 224, 1995 rep No 224, 1995 Part 9 Part 9 heading....................... ad No 417, 1992 Division 1............................ ad No 417, 1992 rep No 58, 2003 r 88...................................... am No 147, 1991 rs No 417, 1992 rep No 58, 2003 r 89...................................... rep No 247, 1991 ad No 417, 1992 rep No 58, 2003 Division 2............................ ad No 417, 1992 rep No 58, 2003 r 89A.................................... ad No 417, 1992 am No 173, 1994 rep No 58, 2003 r 89B.................................... ad No 417, 1992 am No 224, 1995 rep No 58, 2003 r 89C.................................... ad No 417, 1992 am No 224, 1995; No 167, 2002; No 75, 2003 rep No 58, 2003 r 89D.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89E.................................... ad No 417, 1992 rep No 58, 2003 r 89F.................................... ad No 417, 1992 am No 224, 1995 rep No 58, 2003 r 89G.................................... ad No 417, 1992 am No 224, 1995 rep No 58, 2003 Division 3............................ ad No 417, 1992 rep No 58, 2003 r 89H.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89I..................................... ad No 417, 1992 am No 224, 1995 rep No 58, 2003 r 89J..................................... ad No 417, 1992 am No 173, 1994 rep No 58, 2003 r 89K.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89L.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 Division 4............................ ad No 417, 1992 rep No 58, 2003 r 89M................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89N.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89O.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89P.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89Q.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89R.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995; No 294, 2000 rep No 58, 2003 r 89S.................................... ad No 417, 1992 am No 221, 1993; No 173, 1994; No 224, 1995 rep No 58, 2003 r 89T.................................... ad No 417, 1992 am No 173, 1994 rep No 58, 2003 r 89U.................................... ad No 417, 1992 am No 173, 1994 rep No 58, 2003 r 89V.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 Division 5............................ ad No 417, 1992 rep No 58, 2003 r 89W................................... ad No 417, 1992 am No 221, 1993; No 224, 1995 rep No 58, 2003 r 89X.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89Y.................................... ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89Z.................................... ad No 417, 1992 am No 224, 1995 rep No 58, 2003 Division 6............................ ad No 417, 1992 rep No 58, 2003 r 89ZA................................. ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 r 89ZB.................................. ad No 417, 1992 rep No 58, 2003 r 89ZC.................................. ad No 417, 1992 rep No 58, 2003 Division 7............................ ad No 417, 1992 rep No 58, 2003 r 89ZD................................. ad No 417, 1992 am No 173, 1994; No 224, 1995 rep No 58, 2003 Division 8 Division 8 heading............... ad No 417, 1992 r 91...................................... am No 80, 2013 r 92...................................... am No 147, 1991; No 247, 1991; No 417, 1992; No 173, 1994; No 224, 1995; No 201, 2003; No 345, 2004 r 92A.................................... ad No 417, 1992 am No 173, 1994; No 201, 2003; No 345, 2004 r 93...................................... am No 80, 2013 Division 9 Division 9 heading............... ad No 417, 1992 r 94...................................... am No 147, 1991; No 417, 1992; No 173, 1994; No 224, 1995; No 353, 1999; No 201, 2003 Division 2 heading............... rep No 417, 1992 r 95...................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 96...................................... am No 247, 1991; No 417, 1992; No 173, 1994; No 224, 1995; No 201, 2003; No 345, 2004 Part 10 Division 3 heading............... rs No 382, 1991 rep No 417, 1992 Part 10 heading..................... ad No 417, 1992 rs No 221, 1993 Division 1 Division 1 heading............... ad No 221, 1993 r 97...................................... am No 224, 1995 rep No 224, 1995 r 98...................................... am No 466, 1990; No 382, 1991; No 382, 1994; No 224, 1995 rep No 224, 1995 r 99...................................... am No 466, 1990 rs No 382, 1991 am No 319, 1993; No 224, 1995 rep No 224, 1995 r 99AA................................. ad No 382, 1991 am No 319, 1993; No 382, 1994; No 224, 1995; No 201, 2003 r 99A.................................... ad No 466, 1990 rep No 342, 1992 ad No 319, 1993 am No 224, 1995; No 201, 2003 r 100.................................... am No 466, 1990; No 147, 1991; No 173, 1994; No 294, 2000; No 201, 2003 r 101.................................... am No 294, 2000 r 102.................................... am No 147, 1991; No 382, 1991; No 173, 1994; No 224, 1995; No 294, 2000 rep No 167, 2002 r 103.................................... am No 466, 1990 rep No 167, 2002 r 104.................................... am No 216, 1990; No 260, 1990; No 279, 1992; No 224, 1995 rep No 167, 2002 r 105.................................... am No 147, 1991; No 173, 1994; No 201, 2003; No 345, 2004 r 106.................................... am No 382, 1991 rep No 167, 2002 r 107.................................... am No 216, 1990; No 279, 1992; No 224, 1995 rep No 167, 2002 r 108.................................... am No 147, 1991; No 382, 1991; No 173, 1994; No 224, 1995 rep No 167, 2002 Division 4 heading............... rep No 382, 1991 r 109.................................... am No 224, 1995 rep No 224, 1995 r 110.................................... am No 224, 1995 rep No 224, 1995 r 111.................................... rep No 382, 1991 r 112.................................... am No 147, 1991; No 382, 1991; No 173, 1994; No 224, 1995 rep No 167, 2002 r 113.................................... am No 382, 1991 rep No 167, 2002 r 114.................................... am No 373, 1988; No 216, 1990; No 260, 1990; No 279, 1992; No 224, 1995 rep No 167, 2002 r 115.................................... am No 345, 2004 r 116.................................... am No 382, 1991 rep No 167, 2002 r 117.................................... rs No 373, 1988 am No 216, 1990; No 279, 1992; No 224, 1995 rep No 167, 2002 r 118.................................... am No 147, 1991; No 382, 1991; No 173, 1994; No 224, 1995 rep No 167, 2002 Division 5 heading............... rep No 221, 1993 r 119.................................... am No 224, 1995 rep No 224, 1995 Division 2 Division 2 heading............... ad No 221, 1993 r 120.................................... am No 147, 1991; No 173, 1994; No 224, 1995 rs No 201, 2003 Division 6 heading............... rep No 221, 1993 Division 3 heading............... ad No 221, 1993 rep No 224, 1995 Division 3............................ rep No 224, 1995 r 121.................................... am No 224, 1995 rep No 224, 1995 r 122.................................... rep No 224, 1995 r 123.................................... am No 224, 1995 rep No 224, 1995 r 124.................................... rep No 224, 1995 Division 7 heading............... rep No 221, 1993 Division 4 heading............... ad No 221, 1993 rep No 224, 1995 Division 4............................ rep No 224, 1995 r 125.................................... rep No 224, 1995 r 126.................................... am No 221, 1993; No 224, 1995 rep No 224, 1995 r 127.................................... rep No 224, 1995 r 128.................................... rep No 224, 1995 r 129.................................... am No 224, 1995 rep No 224, 1995 r 130.................................... rep No 224, 1995 r 131.................................... am No 224, 1995 rep No 224, 1995 Division 3 Division 8 heading............... rep No 221, 1993 Division 3 heading............... ad No 221, 1993 r 132.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003; No 80, 2013 Part 11 Division 1 r 133.................................... am No 147, 1991; No 487, 1991; No 174, 1992; No 173, 1994; No 224, 1995; No 235, 1998; No 353, 1999; No 204, 2000; No 350, 2002; No 201, 2003; No 80, 2013 r 134.................................... am No 209, 1988; No 147, 1991; No 410, 1991; No 174, 1992; No 279, 1992; No 173, 1994; No 224, 1995 rep No 235, 1998 r 135.................................... am No 147, 1991; No 173, 1994; No 166, 1999; No 201, 2003; No 247, 2015 r 135A.................................. ad No 166, 1999 am No 201, 2003 r 136.................................... am No 224, 1995; No 80, 2013 r 137.................................... am No 147, 1991; No 173, 1994; No 224, 1995 rep No 349, 2001 r 138.................................... am No 147, 1991; No 174, 1992; No 342, 1992; No 173, 1994; No 224, 1995 rs No 167, 1999 am No 201, 2003 r 139.................................... am No 216, 1990; No 147, 1991; No 174, 1992; No 173, 1994; No 224, 1995; No 235, 1998; No 167, 1999; No 350, 2002; No 201, 2003; No 80, 2013; No 275, 2013 r 140.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 294, 2000; No 201, 2003 r 141.................................... am No 147, 1991; No 279, 1992; No 173, 1994; No 224, 1995 rs No 295, 2000 am No 201, 2003 rep No 5, 2013 r 142.................................... rep No 215, 1990 r 143.................................... am No 147, 1991; No 173, 1994; No 224, 1995 rs No 201, 2003 r 144.................................... am No 147, 1991; No 173, 1994; No 224, 1995 rs No 95, 2003; No 201, 2003 am No 272, 2008 r 145.................................... am No 353, 1999 r 146.................................... am No 353, 1999 r 147.................................... am No 353, 1999 Division 2 r 148.................................... rep Act No 25, 1990 r 149.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 353, 1999; No 201, 2003; No 5, 2013 r 150.................................... am No 147, 1991; No 380, 1992; No 173, 1994; No 224, 1995; No 201, 2003 r 151.................................... am No 147, 1991; No 173, 1994; No 224, 1995 rs No 201, 2003 r 152.................................... am No 147, 1991; No 173, 1994; No 224, 1995 rs No 201, 2003 r 153.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 154.................................... am No 147, 1991 rep No 279, 1992 r 155.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 rs No 5, 2013 r 156.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003; No 5, 2013 r 157.................................... am No 215, 1990; No 147, 1991; No 36, 1992; No 380, 1992; No 173, 1994; No 224, 1995; No 201, 2003; No 5, 2013 r 158.................................... am No 147, 1991; No 173, 1994; No 294, 2000; No 201, 2003 r 159.................................... rs No 100, 1990 am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003; No 80, 2013 r 159A.................................. ad No 100, 1990 am No 224, 1995 r 159B.................................. ad No 100, 1990 Part 12 Division 1 r 161.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 162.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 163.................................... am No 147, 1991 rs No 382, 1991 am No 173, 1994 rs No 201, 2003 r 163AA............................... ad No 382, 1991 am No 173, 1994; No 224, 1995; No 201, 2003; No 5, 2013 r 163A.................................. ad No 466, 1990 rs No 247, 1991 Division 2 Division 2 heading............... rs No 81, 2010 Subdivision 1 Subdivision 1 heading.......... ad No 81, 2010 r 165.................................... am No 224, 1995 Subdivision 2 Subdivision 2 heading.......... ad No 81, 2010 r 166.................................... am No 224, 1995; No 294, 2000; No 201, 2003 rs No 243, 2005; No 81, 2010 r 166A.................................. ad No 243, 2005 rs No 81, 2010 r 166B.................................. ad No 81, 2010 r 166C.................................. ad No 81, 2010 r 166D.................................. ad No 81, 2010 r 166E.................................. ad No 81, 2010 Subdivision 3 Subdivision 3 heading.......... ad No 81, 2010 r 167.................................... am No 201, 2003 rs No 243, 2005; No 81, 2010 r 168.................................... am No 224, 1995; No 294, 2000; No 201, 2003 r 169.................................... am No 201, 2003; No 345, 2004 r 169A.................................. ad No 147, 1991 am No 173, 1994 rep No 201, 2003 Division 3 r 171.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 172.................................... am No 31, 1989; No 260, 1990; No 147, 1991; No 287, 1991; No 382, 1991; No 258, 1992; No 319, 1993; No 173, 1994; No 224, 1995; No 294, 2000; No 201, 2003 r 173.................................... am No 147, 1991; No 382, 1991; No 319, 1993; No 173, 1994; No 224, 1995; No 201, 2003 r 174.................................... am No 247, 1991; No 221, 1993 r 174A.................................. ad No 31, 1989 am No 319, 1993; No 173, 1994; No 382, 1994; No 224, 1995; No 201, 2003; No 70, 2007 r 174B.................................. ad No 31, 1989 am No 342, 1992; No 173, 1994; No 224, 1995; No 220, 1997; No 201, 2003 r 174C.................................. ad No 31, 1989 am No 147, 1991; No 173, 1994; No 224, 1995; No 32, 1998; No 201, 2003; No 273, 2008 rep No 5, 2013 r 174D.................................. ad No 319, 1993 am No 382, 1994; No 224, 1995; No 201, 2003 Division 4 r 175.................................... am No 31, 1989; No 147, 1991; No 319, 1993; No 201, 2003 r 175A.................................. ad No 342, 1992 am No 173, 1994 rs No 220, 1997 am No 201, 2003 r 176.................................... am No 31, 1989; No 289, 1990; No 147, 1991; No 173, 1994; No 224, 1995; No 354, 1999; No 201, 2003 rep No 5, 2013 r 176A.................................. ad No 247, 1991 am No 221, 1993 r 177.................................... am No 31, 1989; No 147, 1991; No 319, 1993; No 173, 1994; No 382, 1994; No 224, 1995; No 201, 2003; No 70, 2007 r 178.................................... am No 147, 1991 rs No 254, 1992 am No 173, 1994; No 224, 1995; No 31, 1998; No 354, 1999; No 294, 2000 rs No 189, 2003 r 179.................................... am No 147, 1991; No 173, 1994; No 294, 2000; No 189, 2003; No 201, 2003 r 179A.................................. ad No 319, 1993 am No 382, 1994; No 224, 1995; No 201, 2003 r 180.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 294, 2000; No 201, 2003 r 181.................................... am No 147, 1991; No 173, 1994; No 294, 2000; No 201, 2003 Division 5 Division 5............................ ad No 8, 2000 Subdivision 1 r 181A.................................. ad No 8, 2000 r 181B.................................. ad No 8, 2000 r 181C.................................. ad No 8, 2000 r 181D.................................. ad No 8, 2000 r 181E.................................. ad No 8, 2000 Subdivision 2 r 181F.................................. ad No 8, 2000 am No 77, 2011 r 181G.................................. ad No 8, 2000 am No 296, 2000 r 181H.................................. ad No 8, 2000 r 181I................................... ad No 8, 2000 r 181J................................... ad No 8, 2000 r 181K.................................. ad No 8, 2000 rep No 77, 2011 Subdivision 3 r 181L.................................. ad No 8, 2000 am No 77, 2011 r 181M................................. ad No 8, 2000 am No 296, 2000; No 77, 2011 r 181N.................................. ad No 8, 2000 r 181O.................................. ad No 8, 2000 r 181P.................................. ad No 8, 2000 r 181Q.................................. ad No 8, 2000 am No 296, 2000 r 181QA............................... ad No 296, 2000 r 181R.................................. ad No 8, 2000 rep No 77, 2011 r 181S.................................. ad No 8, 2000 r 181T.................................. ad No 8, 2000 r 181U.................................. ad No 8, 2000 rs No 80, 2013 r 181V.................................. ad No 8, 2000 Subdivision 4 r 181W................................. ad No 8, 2000 rep No 296, 2000 r 181X.................................. ad No 8, 2000 am No 242, 2005 Part 13 Division 1 r 182.................................... am No 147, 1991; No 173, 1994 rs No 201, 2003 r 183.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 184.................................... am No 224, 1995; No 294, 2000 r 187.................................... am No 294, 2000 r 188.................................... am No 294, 2000 Division 4 r 195.................................... am No 287, 1991; No 294, 2000 rs No 201, 2003 r 196.................................... am No 287, 1991; No 201, 2003 r 197.................................... am No 201, 2003 r 198.................................... am No 201, 2003 r 199.................................... rs No 201, 2003 r 200.................................... rs No 201, 2003 r 201.................................... rep No 349, 2001 r 202.................................... rep No 287, 1991 r 203.................................... rs No 287, 1991 am No 224, 1995 rs No 201, 2003 r 204.................................... rep No 287, 1991 Part 14 Division 1A Division 1A.......................... ad No 70, 2007 r 205.................................... rep No 287, 1991 ad No 70, 2007 rs No 213, 2012 r 205A.................................. ad No 147, 1991 am No 173, 1994 rep No 201, 2003 Division 1 r 206.................................... am No 174, 1992; No 279, 1992; No 235, 1998; No 166, 1999; No 349, 2001; No 350, 2002; No 5, 2013; F2016L00400 r 207.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 208.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 209.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003; No 80, 2013 r 210.................................... am No 147, 1991; No 173, 1994; No 201, 2003 rep No 222, 2013 r 210A.................................. ad No 5, 2013 am No 274, 2013 r 210B.................................. ad No 5, 2013 Division 2 r 211.................................... am No 224, 1995 rep No 224, 1995 ad No 70, 2007 r 213.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 214.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 215.................................... am No 289, 1990; No 147, 1991; No 174, 1992; No 173, 1994; No 224, 1995; No 201, 2003; No 80, 2013 r 216.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 217.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 218.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 219.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 220.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 221.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 222.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 Division 3 r 222A.................................. ad No 70, 2007 r 223.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 224.................................... am No 466, 1990; No 147, 1991; No 173, 1994; No 201, 2003; No 80, 2013 r 224A.................................. ad No 5, 2013 am No 125, 2014 r 225.................................... am No 147, 1991; No 173, 1994; No 201, 2003; No 80, 2013 r 226.................................... am No 216, 1990; No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 227.................................... am No 289, 1990; No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003; No 25, 2009 r 228.................................... am No 216, 1990; No 147, 1991; No 173, 1994; No 201, 2003; No 274, 2013 r 228A.................................. ad No 5, 2013 am No 274, 2013 r 229.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 rs No 5, 2013 r 230.................................... am No 147, 1991 rs No 487, 1991 am No 173, 1994; No 224, 1995; No 201, 2003; No 345, 2004; No 328, 2010; No 5, 2013 r 231.................................... am No 487, 1991; No 173, 1994; No 204, 2000; No 201, 2003 r 232.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 232A.................................. ad No 276, 1989 am No 224, 1995 r 233.................................... am No 54, 1991; No 147, 1991; No 409, 1991; No 174, 1992; No 173, 1994; No 224, 1995; No 201, 2003; No 135, 2014 r 234.................................... rs No 54, 1991 am No 147, 1991; No 174, 1992; No 173, 1994; No 224, 1995; No 201, 2003; No 80, 2013 r 235.................................... am No 289, 1990; No 147, 1991; No 342, 1992; No 221, 1993; No 173, 1994; No 224, 1995; No 201, 2003; No 77, 2011; No 80, 2013 r 235A.................................. ad No 409, 1991 am No 173, 1994; No 224, 1995; No 201, 2003 rs No 165, 2014 r 236.................................... rs No 31, 1989 rep No 319, 1993 r 237.................................... am No 147, 1991 rep No 319, 1993 r 238.................................... am No 147, 1991; No 173, 1994; No 224, 1995 rs No 201, 2003 r 239.................................... am No 147, 1991 rs No 319, 1993 (r 16 disallowed) am No 382, 1994; No 224, 1995; No 294, 2000; No 201, 2003 r 240.................................... rep No 466, 1990 ad No 319, 1993 am No 224, 1995 r 241.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 294, 2000; No 201, 2003 r 242.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 243.................................... am No 147, 1991; No 173, 1994; No 294, 2000; No 201, 2003 r 244.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 245.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 246.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 247.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 248.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003; No 80, 2013 Division 4 r 248A.................................. ad No 70, 2007 r 249.................................... am No 147, 1991; No 279, 1992; No 173, 1994; No 201, 2003; No 5, 2013; No 274, 2013 r 250.................................... am No 376, 1988; No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 251.................................... am No 289, 1990; No 147, 1991; No 342, 1992; No 173, 1994; No 224, 1995; No 201, 2003 r 252.................................... am No 289, 1990; No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 252A.................................. ad No 294, 1994 am No 147, 1995; No 224, 1995 rs No 88, 1996 am No 219, 1998; No 201, 2003; No 345, 2004; No 238, 2008 r 253.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 254.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 255.................................... am No 342, 1992; No 173, 1994; No 224, 1995; No 201, 2003 r 256.................................... am No 147, 1991; No 173, 1994; No 294, 2000; No 201, 2003 r 256AA............................... ad No 174, 1992 am No 173, 1994; No 201, 2003 r 256A.................................. ad No 331, 1990 am No 147, 1991; No 410, 1991; No 382, 1994; No 224, 1995; No 201, 2003 r 257.................................... rs No 466, 1990 am No 173, 1994; No 224, 1995; No 201, 2003 r 258.................................... am No 147, 1991; No 342, 1992; No 173, 1994; No 224, 1995; No 201, 2003 r 259.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 349, 2001 (as am by No 79, 2002); No 201, 2003; No 345, 2004 r 260.................................... am No 147, 1991; No 287, 1991; No 410, 1991; No 173, 1994; No 224, 1995; No 349, 2001 (as am by No 79, 2002); No 201, 2003 rs No 201, 2003 r 261.................................... am No 147, 1991; No 173, 1994; No 224, 1995 rep No 180, 2002 r 262.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 Division 5 Division 5............................ ad No 219, 1998 rs No 213, 2012 Subdivision 1 r 262AA............................... ad No 219, 1998 am No 229, 1999; No 70, 2007 rs No 213, 2012 Subdivision 2 r 262AB............................... ad No 219, 1998 am No 229, 1999 rs No 213, 2012 r 262AC............................... ad No 219, 1998 am No 261, 2000; No 362, 2000; No 201, 2003; No 184, 2006 rs No 213, 2012 r 262AD............................... ad No 219, 1998 am No 201, 2003 rs No 213, 2012 r 262AE............................... ad No 219, 1998 am No 294, 2000; No 201, 2003 rs No 213, 2012 r 262AF................................ ad No 219, 1998 am No 294, 2000; No 201, 2003 rs No 213, 2012 r 262AG............................... ad No 219, 1998 am No 261, 2000; No 348, 2001; No 201, 2003 rs No 213, 2012 r 262AH............................... ad No 219, 1998 am No 201, 2003 rs No 213, 2012 Subdivision 3 r 262AI................................ ad No 219, 1998 am No 294, 2000; No 201, 2003 rs No 213, 2012 r 262AJ................................ ad No 219, 1998 rs No 261, 2000 am No 294, 2000; No 201, 2003 rs No 213, 2012 r 262AJA.............................. ad No 213, 2012 r 262AJB.............................. ad No 213, 2012 r 262AJC.............................. ad No 213, 2012 Division 6 Division 6............................ ad No 235, 1998 r 262AK............................... ad No 235, 1998 am No 350, 2002 rs No 321, 2005 r 262AL............................... ad No 235, 1998 am No 166, 1999; No 204, 2000; No 350, 2002; No 201, 2003; No 5, 2013 r 262AM.............................. ad No 235, 1998 am No 166, 1999; No 204, 2000; No 227, 2000; No 350, 2002; No 201, 2003; No 5, 2013 r 262AN............................... ad No 235, 1998 am No 350, 2002; No 201, 2003; No 80, 2013 r 262AO............................... ad No 235, 1998 am No 204, 2000; No 350, 2002; No 201, 2003 r 262AP................................ ad No 235, 1998 am No 166, 1999; No 204, 2000; No 350, 2002; No 201, 2003; No 137, 2005; No 5, 2013 r 262APA............................. ad No 321, 2005 r 262AQ............................... ad No 235, 1998 am No 201, 2003; No 328, 2010 r 262AR............................... ad No 235, 1998 am No 201, 2003; No 328, 2010 r 262AS................................ ad No 235, 1998 rs No 201, 2003 Part 15.................................. ad No 410, 1991 rep No 365, 2003 r 262A.................................. ad No 410, 1991 rep No 365, 2003 r 262B.................................. ad No 410, 1991 am No 224, 1995 rep No 365, 2003 r 262C.................................. ad No 410, 1991 rep No 365, 2003 r 262D.................................. ad No 410, 1991 rs No 95, 2003 rep No 365, 2003 r 262E.................................. ad No 410, 1991 am No 224, 1995; No 95, 2003 rep No 365, 2003 r 262EA............................... ad No 93, 1994 am No 224, 1995 rep No 365, 2003 r 262EB................................ ad No 95, 2003 rep No 365, 2003 r 262F.................................. ad No 410, 1991 am No 224, 1995; No 95, 2003 rep No 365, 2003 r 262G.................................. ad No 410, 1991 rep No 365, 2003 r 262H.................................. ad No 410, 1991 am No 224, 1995 rep No 365, 2003 r 262J................................... ad No 410, 1991 am No 224, 1995; No 95, 2003 rep No 365, 2003 r 262K.................................. ad No 410, 1991 am No 95, 2003 rep No 365, 2003 r 262M................................. ad No 410, 1991 rep No 365, 2003 r 262N.................................. ad No 410, 1991 rep No 365, 2003 r 262P.................................. ad No 410, 1991 am No 93, 1994 rep No 365, 2003 r 262Q.................................. ad No 410, 1991 rep No 365, 2003 r 262R.................................. ad No 410, 1991 rep No 365, 2003 r 262S.................................. ad No 410, 1991 rep No 365, 2003 r 262T.................................. ad No 410, 1991 am No 224, 1995 rep No 365, 2003 r 262TA............................... ad No 342, 1992 am No 173, 1994; No 224, 1995; No 201, 2003 rep No 365, 2003 r 262U.................................. ad No 410, 1991 am No 224, 1995 rep No 365, 2003 r 262V.................................. ad No 410, 1991 am No 224, 1995 rep No 365, 2003 Part 16 Part 16 heading..................... am No 93, 1994 rs No 328, 2010 r 263.................................... am No 279, 1992; No 417, 1992; No 93, 1994; No 353, 1999; No 167, 2002; No 345, 2004; No 328, 2010; No 5, 2013; No 80, 2013 r 264.................................... am No 174, 1992; No 279, 1992; No 417, 1992; No 224, 1995; No 345, 2004; No 328, 2010; No 77, 2011; No 80, 2013 rs No 5, 2013 r 265.................................... am No 373, 1988; No 216, 1990; No 279, 1992; No 380, 1992; No 93, 1994; No 224, 1995; No 319, 2002; No 328, 2010; No 5, 2013 r 266.................................... am No 417, 1992; No 93, 1994; No 224, 1995; No 345, 2004 rep No 77, 2011 r 267.................................... am No 93, 1994; No 224, 1995; No 328, 2010 r 268.................................... am No 215, 1990; No 93, 1994; No 224, 1995 rep Act No 105, 2003 r 269.................................... am No 93, 1994; No 224, 1995; No 210, 1999; Act No 105, 2003; No 191, 2008; No 328, 2010; No 80, 2013 r 270.................................... am No 93, 1994; No 328, 2010 r 271.................................... rep No 215, 1990 r 272.................................... am No 93, 1994; No 224, 1995 rep No 236, 1998 r 272A.................................. ad No 310, 1990 rep No 287, 1991 ad No 279, 1992 am No 93, 1994; No 224, 1995; No 328, 2010; No 5, 2013; No 188, 2013 Part XV................................ rep No 224, 1995 r 273.................................... am No 224, 1995 rep No 224, 1995 r 274.................................... am No 224, 1995 rep No 224, 1995 r 275.................................... am No 224, 1995 rep No 224, 1995 r 276.................................... am No 224, 1995 rep No 224, 1995 r 277.................................... am No 325, 1992 rep No 224, 1995 r 278.................................... rep No 224, 1995 r 279.................................... am No 224, 1995 rep No 224, 1995 r 280.................................... am No 342, 1992; No 173, 1994; No 224, 1995 rep No 224, 1995 Part 17 Division 1 r 281.................................... am No 289, 1990; No 147, 1991; No 187, 1994 rep No 201, 2003 r 282.................................... am No 147, 1991; No 93, 1994; No 173, 1994; No 201, 2003; No 80, 2013 r 283.................................... am No 147, 1991; No 279, 1992; No 173, 1994 rep No 201, 2003 r 284.................................... am No 147, 1991; No 93, 1994; No 173, 1994 rep No 260, 1994 r 285.................................... am No 147, 1991; No 173, 1994 rep Act No 137, 2000 r 286.................................... am No 147, 1991; No 173, 1994; No 201, 2003 r 287.................................... am No 80, 2013 r 288.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003; No 80, 2013 r 289.................................... am No 147, 1991; No 173, 1994; No 201, 2003; No 80, 2013 r 291.................................... am No 147, 1991; No 173, 1994; No 294, 2000 rs No 201, 2003 r 292.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 294, 2000; No 201, 2003 r 293.................................... am No 224, 1995 r 294.................................... am No 147, 1991; No 417, 1992; No 173, 1994; No 224, 1995; No 201, 2003; No 345, 2004 r 295.................................... am No 147, 1991; No 174, 1992; No 173, 1994; No 224, 1995 rep No 349, 2001 Division 2 r 296.................................... am No 426, 1991; No 80, 2013 Division 3 Division 3............................ ad No 157, 1991 r 296A.................................. ad No 157, 1991 am No 221, 1993 rs No 353, 1999 am No 353, 1999; No 345, 2004 r 296B.................................. ad No 157, 1991 r 296C.................................. ad No 157, 1991 am No 224, 1995; No 353, 1999; No 80, 2013 r 296D.................................. ad No 157, 1991 am No 174, 1992 r 296E.................................. ad No 157, 1991 am No 224, 1995; No 353, 1999 r 296F.................................. ad No 157, 1991 am No 353, 1999 r 296G.................................. ad No 157, 1991 am No 353, 1999 r 296H.................................. ad No 157, 1991 r 296I................................... ad No 157, 1991 am No 224, 1995; No 353, 1999 r 296J................................... ad No 157, 1991 Part 18 r 297.................................... am No 224, 1995; No 294, 2000; No 80, 2013 Part 19 r 297A.................................. ad No 410, 1991 am No 487, 1991; No 174, 1992; No 279, 1992; No 325, 1992; No 380, 1992; No 417, 1992; No 221, 1993; No 93, 1994; No 187, 1994; No 260, 1994; No 224, 1995; No 111, 1997; No 166, 1999; No 353, 1999; No 8, 2000; No 221, 2002; No 319, 2002; No 350, 2002; No 232, 2003; No 134, 2004; No 345, 2004; No 191, 2008; No 273, 2008; No 77, 2011 rs No 80, 2013 am No 274, 2013 r 298.................................... am No 224, 1995; No 345, 2004 rep No 77, 2011 r 298A.................................. ad No 260, 1994 am No 224, 1995; No 353, 1999; No 345, 2004; No 5, 2013 r 298B.................................. ad No 260, 1994 am No 224, 1995; No 201, 2003 r 298C.................................. ad No 260, 1994 am No 224, 1995; No 201, 2003 r 298D.................................. ad No 260, 1994 am No 224, 1995 r 298E.................................. ad No 260, 1994 r 299.................................... am No 147, 1991; No 221, 1993; No 173, 1994; No 224, 1995; No 201, 2003 rep No 77, 2011 ad No 5, 2013 r 300.................................... rep No 215, 1990 r 301.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003; No 80, 2013 r 302.................................... am No 147, 1991; No 279, 1992; No 173, 1994; No 201, 2003; No 5, 2013; No 80, 2013 r 303.................................... am No 279, 1992; No 224, 1995; No 5, 2013; No 80, 2013 r 303A.................................. ad No 187, 1994 am No 224, 1995; No 345, 2004 rep No 77, 2011 r 304.................................... am No 147, 1991; No 173, 1994; No 224, 1995; No 201, 2003 r 305.................................... am No 289, 1990; No 147, 1991; No 417, 1992; No 173, 1994; No 201, 2003; No 80, 2013; No 166, 2014 r 306.................................... am No 224, 1995; No 80, 2013 r 307.................................... am No 147, 1991; No 173, 1994; No 224, 1995 rep No 204, 2000 r 308.................................... rs No 54, 1991 am No 342, 1992; No 173, 1994; No 224, 1995; No 349, 2001; No 201, 2003; No 345, 2004 rep No 77, 2011 r 309.................................... am No 80, 2013 r 309A.................................. ad No 382, 1994 am No 201, 2003 r 310.................................... am No 224, 1995; No 80, 2013 rep No 274, 2013 r 310AA............................... ad No 368, 1993 am No 224, 1995 rep No 224, 1995 r 310A.................................. ad No 268, 1993 am No 188, 1994; No 148, 1995; No 224, 1995 rep No 345, 2004 r 310B.................................. ad No 268, 1993 am No 188, 1994; No 148, 1995; No 224, 1995; No 201, 2003 rep No 345, 2004 r 310C.................................. ad No 188, 1994 am No 224, 1995 rep No 345, 2004 Part 20 Part 20 heading..................... rs No 328, 2010 Division 1 Division 1 heading............... ad No 328, 2010 r 311.................................... am No 224, 1995 rs No 345, 2004 r 312.................................... ad No 235, 1998 am No 345, 2004; No 80, 2013 r 313.................................... ad No 235, 1998 am No 262, 1999; No 345, 2004 r 314.................................... ad No 235, 1998 am No 262, 1999; No 345, 2004 r 315.................................... ad No 235, 1998 am No 345, 2004 r 316.................................... ad No 235, 1998 rep No 262, 1999 r 317.................................... ad No 235, 1998 am No 262, 1999; No 345, 2004 r 317A.................................. ad No 166, 1999 am No 345, 2004 rep No 76, 2011 r 318.................................... ad No 235, 1998 am No 166, 1999; No 350, 2002; No 345, 2004 r 319.................................... ad No 235, 1998 am No 345, 2004 r 320.................................... ad No 235, 1998 am No 345, 2004 r 321.................................... ad No 235, 1998 am No 345, 2004 r 322.................................... ad No 167, 1999 am No 205, 2000; No 350, 2002; No 201, 2003; No 345, 2004 rep No 188, 2013 r 323.................................... ad No 167, 1999 rs No 345, 2004 rep No 188, 2013 r 323AA............................... ad No 243, 2005 r 323A.................................. ad No 189, 2003 rs No 345, 2004 r 324.................................... ad No 262, 1999 rs No 345, 2004 r 325.................................... ad No 353, 1999 rs No 345, 2004 Division 2 Division 2 heading............... rs No 275, 2013 Division 2............................ ad No 328, 2010 r 326.................................... ad No 328, 2010 rep No 275, 2013 r 327.................................... ad No 328, 2010 rep No 275, 2013 r 328.................................... ad No 328, 2010 rs No 275, 2013 r 329.................................... ad No 328, 2010 rep No 275, 2013 r 330.................................... ad No 328, 2010 am No 275, 2013 r 331.................................... ad No 328, 2010 r 332.................................... ad No 328, 2010 am No 275, 2013 Division 3 Division 3 heading............... rs No 274, 2013 Division 3............................ ad No 5, 2013 r 333.................................... ad No 5, 2013 r 334.................................... ad No 5, 2013 r 335.................................... ad No 5, 2013 Division 4 Division 4............................ ad No 275, 2013 Subdivision 1 r 336.................................... ad No 275, 2013 r 337.................................... ad No 275, 2013 Subdivision 2 r 338.................................... ad No 275, 2013 r 339.................................... ad No 275, 2013 r 340.................................... ad No 275, 2013 r 341.................................... ad No 275, 2013 r 342.................................... ad No 275, 2013 r 343.................................... ad No 275, 2013 Schedule............................... ad No 216, 1990 Schedule 1 (prev Schedule).. renum No 157, 1991 am No 287, 1991; No 279, 1992; No 382, 1994 rep No 232, 2003 Schedule 2............................ ad No 157, 1991 am No 410, 1991; No 279, 1992 rs No 173, 1994 rep No 353, 1999 Schedule 3............................ ad No 382, 1991 rep No 319, 1993 Schedule 4............................ ad No 410, 1991 am No 224, 1995; No 365, 2003 rep No 365, 2003 Schedule 5 Schedule 5 heading............... rs No 345, 2004 Schedule 5............................ ad No 487, 1991 am No 174, 1992; No 245, 2015 Schedule 6 Schedule 6 heading............... rs No 345, 2004 Schedule 6............................ ad No 487, 1991 am No 174, 1992; No 93, 1994; No 224, 1995; No 328, 2010 Schedule 7 Schedule 7............................ ad No 487, 1991 Schedule 8 Schedule 8 heading............... rs No 174, 1992; No 382, 1994; No 246, 2015 Schedule 8............................ ad No 487, 1991 am No 174, 1992; No 246, 2015 Schedule 9 Schedule 9............................ ad No 487, 1991 am No 80, 2013 Schedule 10.......................... ad No 417, 1992 am No 224, 1995; No 294, 2000 rep No 58, 2003 Schedule 11.......................... ad No 417, 1992 am No 224, 1995 rep No 58, 2003 Endnote 5--Miscellaneous Renumbering table The renumbering of provisions of the Civil Aviation Regulations 1988, made by the Civil Aviation Amendment Regulations 1999 (No. 6) (No. 353, 1999) appears in the table below. Old Number New Number Part I Part 1 Part II Part 2 Part III Part 3 Division 1 Division 1 Division 1A Division 2 Division 1B Division 3 Division 1C Division 4 Division 1D Division 5 Division 1E Division 6 Division 2 Division 7 Part IV Part 4 Division 1 Division 1 Division 3 Division 2 Division 4 Division 3 Division 5 Division 4 Division 6 Division 5 Part IVA Part 4A Division 1 Division 1 Division 2 Division 2 Subdivision A Subdivision 1 Subdivision B Subdivision 2 Subdivision C Subdivision 3 Division 3 Division 3 Division 4 Division 4 Division 5 Division 5 Division 6 Division 6 Subdivision A Subdivision 1 Subdivision B Subdivision 2 Subdivision C Subdivision 3 Division 7 Division 7 Division 8 Division 8 Division 9 Division 9 Division 10 Division 10 Division 11 Division 11 Part IVB Part 4B Part 4C Part 4C Part 5 Part 5 Division 1 Division 1 Division 2 Division 2 Division 3 Division 3 Division 4 Division 4 Division 5 Division 5 Division 6 Division 6 Division 7 Division 7 Division 8 Division 8 Division 9 Division 9 Division 10 Division 10 Division 11 Division 11 Division 12 Division 12 Division 13 Division 13 Division 14 Division 14 Division 15 Division 15 Division 16 Division 16 Division 16A Division 17 Division 17 Division 18 Part 6 Part 6 Part 7 Part 7 Part VIII Part 8 Part IXA Part 9 Division 1 Division 1 Division 2 Division 2 Division 3 Division 3 Division 4 Division 4 Division 5 Division 5 Division 6 Division 6 Division 7 Division 7 Division 8 Division 8 Division 9 Division 9 Part IXB Part 10 Division 1 Division 1 Division 2 Division 2 Division 5 Division 3 Part X Part 11 Division 1 Division 1 Division 2 Division 2 Part XI Part 12 Division 1 Division 1 Division 2 Division 2 Division 3 Division 3 Division 4 Division 4 Part XII Part 13 Division 1 Division 1 Division 2 Division 2 Division 3 Division 3 Division 4 Division 4 Part XIII Part 14 Division 1 Division 1 Division 2 Division 2 Division 3 Division 3 Division 4 Division 4 Division 5 Division 5 Subdivision A Subdivision 1 Subdivision B Subdivision 2 Division 6 Division 6 Part XIIIA Part 15 Part XIV Part 16 Part XVI Part 17 Division 1 Division 1 Division 2 Division 2 Division 3 Division 3 Part XVII Part 18 Part XVIII Part 19 Part XIX Part 20