Civil Aviation Safety Amendment (Part 91) Regulations 2018 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
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 ( 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.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
This instrument is the
Civil Aviation Safety Amendment (Part 91) Regulations 2018 .
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
The whole of this instrument | 2 December 2021. | 2 December 2021 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the
Civil Aviation Act 1988.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Repeal the Part, substitute:
Subpart 91.A—Preliminary 91.005 Application of Part 91—Australian aircraft in Australian territory
91.010 Application of Part 91—Australian aircraft in foreign countries
91.015 Application of Part 91—Australian aircraft over the high seas
91.020 Application of Part 91—foreign registered aircraft
91.025 Application of Part 91—foreign state aircraft
91.030 Application of Part 91—aircraft to which Part 101, 103 or 131 applies
91.035 Application of Part 91—certain provisions of this Part do not apply if provisions of Part 105, 121, 133, 135 or 138 apply
91.040 Issue of Manual of Standards for Part 91
91.045 Approvals by CASA for Part 91
91.050 Approvals by authorised persons for Subpart 91.T
Subpart 91.C—General
Division 91.C.1—General flight limitations 91.055 Aircraft not to be operated in manner that creates a hazard
91.060 Unauthorised travel or placing of cargo on aircraft
91.085 NVIS flights
91.090 All flights—airspeed limits
Division 91.C.2—Operational documents 91.095 Compliance with flight manual etc.
Division 91.C.3—Flight related documents 91.100 Electronic documents
91.105 Carriage of documents
91.110 Carriage of documents for certain flights
91.115 Carriage of documents—flights that begin or end outside Australian territory
91.120 Journey logs—flights that begin or end outside Australian territory
Division 91.C.4—Reporting and recording defects and incidents etc.
Division 91.C.5—Search and rescue services and emergency and survival equipment
Division 91.C.6—Miscellaneous requirements for aircraft 91.140 Operating an Australian aircraft outside Australia
91.145 Requirements to be met before Australian aircraft may fly
91.150 Operating aircraft with inoperative equipment—placarding
91.155 Manipulating flight controls
Division 91.C.7—Firearms on aircraft 91.160 Possessing firearm on aircraft
91.165 Discharging firearm on aircraft
Division 91.C.8—Portable electronic devices 91.170 Operation of portable electronic devices
91.175 Operation of portable electronic devices by crew members
Division 91.C.9—Special flight operations 91.180 Air displays in Australian territory
91.185 Conducting aerobatic manoeuvres
91.190 Dropping things from aircraft
91.195 Picking up or setting down people or things during flight
91.200 Persons not to be carried in certain parts of aircraft
91.205 Flying in formation
91.210 Towing of things by aircraft
Subpart 91.D—Operational procedures
Division 91.D.1—Operational control 91.215 Authority and responsibilities of pilot in command
91.220 Actions and directions by operator or pilot in command
91.225 Crew members—power of arrest
Division 91.D.2—Flight preparation 91.230 Flight preparation (weather assessments) requirements
91.235 Flight preparation (alternate aerodromes) requirements
Division 91.D.3—Flight notifications and pre‑flight checks 91.240 Flight notifications
91.245 Matters to be checked before take‑off
Division 91.D.4—Flight rules
Subdivision 91.D.4.1—General 91.255 Air traffic services—prescribed requirements
91.257 Air traffic control clearances and instructions
91.260 Unauthorised entry into prohibited or restricted areas
91.263 Air defence identification zone flights
91.265 Minimum height rules—populous areas and public gatherings
91.267 Minimum height rules—other areas
91.270 Aircraft to be flown under VFR or IFR
Subdivision 91.D.4.2—Visual flight rules 91.273 VFR flights
91.275 Specified VFR cruising levels
91.277 Minimum heights—VFR flights at night
91.280 VFR flights—compliance with VMC criteria
91.283 VFR flights—aircraft not to exceed certain speeds
91.285 VFR flights—flights in class A airspace
Subdivision 91.D.4.3—Instrument flight rules 91.287 IFR flights
91.290 Specified IFR cruising levels
91.295 IFR flights at non‑specified cruising levels—notifying Air Traffic Services
91.300 IFR flights at non‑specified cruising levels—avoiding collisions with aircraft conducting VFR flights
91.305 Minimum heights—IFR flights
91.307 IFR take‑off and landing minima
91.310 Approach ban for IFR flights
91.315 Taking off and landing in low visibility
91.320 Specified aircraft performance categories
Subdivision 91.D.4.4—Avoiding collisions in the air 91.325 Basic rule
91.330 Right of way rules
91.335 Additional right of way rules
91.340 Right of way rules for take‑off and landing
Subdivision 91.D.4.5—Avoiding collisions on water 91.345 Compliance with International Regulations
91.350 Giving way to vessels
91.355 Giving way on water
Subdivision 91.D.4.6—Avoiding collisions at or in the vicinity of aerodromes 91.360 Meaning of
in the vicinity of a non‑controlled aerodrome 91.365 Taxiing or towing on movement area of aerodrome
91.370 Take‑off or landing at non‑controlled aerodrome—all aircraft
91.375 Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—general requirements
91.380 Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—landing and taking off into the wind
91.385 Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—requirements that apply after joining the circuit pattern
91.390 Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—requirements related to maintaining the same track after take‑off
91.395 Straight‑in approaches at non‑controlled aerodromes
91.400 Communicating at certified, registered, military or designated non‑controlled aerodromes
91.405 Aircraft in aerodrome traffic at controlled aerodromes
Division 91.D.5—Taking off, landing and ground operations 91.410 Use of aerodromes
91.415 Taxiing aircraft
91.420 Parked aircraft not to create hazard
91.425 Safety when aeroplane operating on ground
91.430 Safety when rotorcraft operating on ground
Division 91.D.6—Fuel requirements 91.455 Fuel requirements
91.460 Oil requirements
91.465 Contaminated, degraded or inappropriate fuels
91.470 Fire hazards
91.475 Fuelling aircraft—fire fighting equipment
91.480 Fuelling aircraft—electrical bonding
91.485 Equipment or electronic devices operating near aircraft
91.490 Fuelling turbine‑engine aircraft—low‑risk electronic devices
91.495 Only turbine‑engine aircraft to be hot fuelled
91.500 Hot fuelling aircraft—general
91.505 Hot fuelling aircraft—procedures etc.
91.510 Fuelling aircraft—persons on aircraft, boarding or disembarking
91.515 Fuelling aircraft if fuel vapour detected
Division 91.D.7—Safety of persons on aircraft and cargo requirements 91.520 Crew members to be fit for duty
91.525 Offensive or disorderly behaviour on aircraft
91.530 When smoking not permitted
91.535 Crew safety during turbulence
91.540 Means of passenger communication
91.545 Seating for persons on aircraft
91.550 Seating for flight crew members
91.555 Seating for crew members other than flight crew members
91.560 Restraint of infants and children
91.565 Passengers—safety briefings and instructions
91.570 Passengers—safety directions by pilot in command
91.575 Passengers—compliance with safety directions
91.580 Passengers—compliance with safety instructions by cabin crew
91.585 Restraint and stowage of cargo
91.590 Restraint and stowage of carry‑on baggage
91.595 Restraint and stowage of certain aircraft equipment
91.600 Carriage of cargo—general
91.605 Carriage of cargo—cargo compartments
91.610 Carriage of cargo—unoccupied seats
91.615 Carriage of cargo—loading instructions
91.620 Carriage of animals
Division 91.D.8—Instruments, indicators, equipment and systems 91.625 Use of radio—qualifications
91.630 Use of radio—broadcasts and reports
91.635 Communication monitoring in controlled airspaces
91.640 Use of radio outside controlled airspaces—listening watch of radio transmissions
91.645 Availability of instructions for flight data and combination recorders
91.650 Flight recorders—preserving recordings of immediately reportable matters
91.655 RVSM airspace
91.660 Performance‑based navigation
Division 91.D.9—Miscellaneous
Division 91.D.10—Signals, emergencies and hazards 91.670 Standard visual signals
91.675 Pilot in command to report hazards to air navigation
91.680 Pilot in command to report emergencies
91.685 Multi‑engine aircraft—pilot in command to land at nearest suitable aerodrome if emergency occurs
91.690 Pilot in command to report contraventions relating to emergencies
91.695 Interception of aircraft
91.700 Aviation distress signals
91.705 Flight in icing conditions—adherence of frost, ice or snow
91.710 Flight in icing conditions—requirements for flight
Division 91.D.11—Causing or simulating failures etc.
Subdivision 91.D.11.1—Causing or simulating instrument failure etc. 91.715 Causing or simulating failure of flight instruments
91.720 Simulating IMC flying
91.725 Training flight limitations etc.
Subdivision 91.D.11.2—Causing or simulating engine failure etc. for aeroplanes 91.730 Aeroplane flights in IMC or at night—engine not to be shut down
91.735 Single‑engine aeroplane—VFR flights by day—engine not to be shut down
91.740 Single‑engine aeroplane—simulating engine failure in IMC or at night
91.745 Multi‑engine aeroplane—simulating engine failure—general
91.750 Multi‑engine aeroplane—simulating engine failures in IMC or at night
Subdivision 91.D.11.3—Causing or simulating engine failure etc. for rotorcraft 91.755 Single‑engine rotorcraft—engine not to be shut down
91.760 Single‑engine rotorcraft—engine failure not to be simulated and autorotation of main rotor system not to be initiated in IMC
91.765 Single‑engine rotorcraft—simulating engine failure or initiating autorotation of main rotor system at night
91.770 Multi‑engine rotorcraft—engine not to be shut down at certain altitudes in IMC or at night
91.775 Multi‑engine rotorcraft—simulating engine failure in IMC or at night
Division 91.D.12—Psychoactive substances 91.780 Passengers—alcohol
91.785 Crew—provision of alcohol
91.790 Prohibiting person affected by psychoactive substances from boarding
Subpart 91.F—Performance 91.795 Take‑off performance
91.800 Landing performance
Subpart 91.J—Weight and balance 91.805 Loading of aircraft
Subpart 91.K—Equipment 91.810 Requirements relating to equipment
Subpart 91.P—Cabin crew 91.820 Cabin crew—when required
91.825 Cabin crew—number
91.830 Cabin crew—knowledge of emergency and safety equipment and procedures
Subpart 91.T—Operations under certain special certificates of airworthiness and special flight permits
Division 91.T.1—Preliminary 91.835 Aircraft with more than one certificate of airworthiness—application of Subpart 91.T
Division 91.T.2—Restricted category aircraft—operating requirements 91.840 Restricted category aircraft—general operating requirements
91.845 Restricted category aircraft—kinds of operations permitted
Division 91.T.3—Provisionally certificated aircraft—operating requirements 91.850 Provisionally certificated aircraft—operating requirements
91.855 Provisionally certificated aircraft—kinds of operations permitted
91.860 Provisionally certificated aircraft—operation for type certification or supplemental type certification
91.865 Provisionally certificated aircraft—requirements for the carriage of people
91.870 Provisionally certificated aircraft—additional requirements for operators
Division 91.T.4—Experimental aircraft—operating requirements 91.875 Experimental aircraft—operating requirements
91.880 Experimental aircraft—kinds of operations permitted
91.885 Experimental aircraft—maximum number of persons to be carried
Division 91.T.5—Primary category aircraft and intermediate category aircraft—operating requirements 91.890 Primary category aircraft and intermediate category aircraft—operating requirements
Division 91.T.6—Light sport aircraft—operating requirements 91.895 Light sport aircraft—operators
91.900 Light sport aircraft—pilots
Division 91.T.7—Special flight permits—operating requirements 91.905 Flights under special flight permits
Division 91.T.8—Miscellaneous 91.910 Application of Division 91.T.8
91.915 Aircraft with special certificates of airworthiness—maintenance release etc.
91.920 Aircraft with special certificates of airworthiness—flight tests to be conducted in certain areas
Subpart 91.Y—Minimum equipment lists
Division 91.Y.1—Preliminary 91.925 Definitions
91.930 Requirements for minimum equipment lists
Division 91.Y.2—Approval of minimum equipment lists 91.935 Approval of minimum equipment lists
Division 91.Y.3—Variations of minimum equipment lists 91.940 Approval of variations
Division 91.Y.4—Extensions of rectification intervals 91.945 Approval of extensions of rectification intervals
91.950 Effect of approval
91.955 CASA to be notified of extensions approved by a continuing airworthiness management organisation
Division 91.Y.5—Other 91.960 Operation of aircraft with multiple inoperative items not permitted in certain circumstances
Subpart 91.Z—Foreign aircraft 91.965 Foreign registered aircraft—Chicago Convention
91.970 Foreign registered aircraft—special flight authorisations
91.975 Foreign state aircraft—approval to fly in Australian territory
91.980 Foreign registered aircraft—major defect—CASA direction
91.985 Foreign registered aircraft—CASA to notify Contracting State of direction
91.990 Foreign registered aircraft—CASA may revoke direction
91.995 Foreign registered aircraft—when direction or revocation takes effect
This Part applies in relation to the operation of an Australian aircraft in Australian territory.
(1) This Part applies in relation to the operation of an Australian aircraft in a foreign country.
(2) However, if a law of the foreign country applies to the operation of the aircraft in that country, the law of the foreign country prevails to the extent of any inconsistency.
(3) For the purposes of subregulation (2), a provision of a law of a foreign country is taken not to be inconsistent with a provision of this Part to the extent that the provisions are capable of operating concurrently.
(1) This Part applies in relation to the operation of an Australian aircraft over the high seas.
(2) Annex 2 of the Chicago Convention also applies in relation to the operation of Australian aircraft over the high seas.
(3) However, a provision of Annex 2 of the Chicago Convention prevails to the extent of any inconsistency with a provision mentioned in subregulation (1).
(4) For the purposes of subregulation (3), a provision of Annex 2 of the Chicago Convention is taken not to be inconsistent with a provision mentioned in subregulation (1) to the extent that the provisions are capable of operating concurrently.
(1) This Part (other than Division 91.C.3 and Subparts 91.P and 91.T) applies in relation to the operation of a foreign registered aircraft in Australian territory.
(2) However, this Part does not apply in relation to:
(a) a foreign registered aircraft that is operated in Australian territory under a foreign air transport AOC; or
(b) a foreign registered aircraft that is operated in Australian territory under a New Zealand AOC with ANZA privileges that is in force for Australia.
A provision of this Part applies in relation to the operation of a state aircraft of a foreign country in Australian territory if the provision is expressed to so apply.
Part 101
(1) This Part does not apply in relation to the operation of an aircraft if any provision of Part 101 applies to the operation.
Part 103
(2) The following provisions of this Part do not apply to the operation of a Part 103 aircraft:
(a) regulation 91.105;
(b) regulations 91.110 and 91.115;
(c) regulation 91.145;
(d) regulation 91.190;
(e) regulation 91.267;
(h) regulations 91.425 and 91.430;
(i) regulations 91.545 and 91.550;
(j) regulation 91.560;
(k) regulations 91.570 and 91.575;
(l) regulation 91.585;
(m) regulations 91.590 to 91.615;
(o) regulations 91.720 and 91.725;
(p) regulations 91.780 and 91.785;
(q) Subpart 91.K;
(r) regulation 91.915.
Part 131
(3) The following provisions of this Part do not apply to the operation of a Part 131 aircraft:
(a) Division 91.C.3;
(b) regulation 91.190;
(c) Divisions 91.D.2 and 91.D.3;
(d) regulation 91.255;
(da) regulation 91.265;
(db) regulation 91.267;
(dc) Subdivisions 91.D.4.2 and 91.D.4.3;
(e) regulation 91.335;
(f) regulation 91.355;
(g) Subdivision 91.D.4.6 (other than regulation 91.360);
(i) regulation 91.455;
(j) regulation 91.480;
(k) regulation 91.510;
(l) regulation 91.515;
(m) Division 91.D.7 (other than regulations 91.520, 91.525, 91.600 and 91.620);
(ma) regulation 91.630;
(n) Subpart 91.F;
(o) Subpart 91.J;
(p) Subpart 91.K;
(q) Subpart 91.P.
(1) A provision of Part 91 listed in column 1 of an item in the following table does not apply to an operation of an aircraft if a provision of Part 105, 121, 133, 135 or 138 listed in column 2 of that item applies to the operation.
1 | Regulation 91.085 | Regulation 133.265 Regulation 138.350 |
2 | Division 91.C.2 | Regulation 133.030 Regulation 138.210 |
3 | Regulation 91.190 | Regulation 105.090 Regulation 105.095 Regulation 138.425 |
4 | Regulations 91.195 and 91.200 | Regulation 138.410 |
5 | Regulation 91.235 | Regulation 121.170 |
6 | Regulation 91.410 | Regulation 121.205 |
7 | Regulation 91.455 | Division 121.D.6 Division 133.D.6 Division 135.D.6 |
8 | Regulations 91.495, 91.500 and 91.505 | Regulation 138.300 |
9 | Regulation 91.510 | Regulation 121.240 Regulation 133.195 Regulation 135.220 Regulation 138.302 |
10 | Regulation 91.555 | Regulation 138.375 |
11 | Regulation 91.565 | Regulation 121.285 Regulation 133.240 Regulation 135.280 |
12 | Regulation 91.570 | Regulation 105.105 |
12A | Regulation 91.575 | Regulation 105.110 |
13 | Regulations 91.590 and 91.595 | Regulation 121.265 |
14 | Subpart 91.F | Subpart 121.F Subpart 133.F Subpart 135.F Subpart 138.F |
15 | Subpart 91.J | Subpart 121.J Subpart 133.J Subpart 135.J Subpart 138.J |
16 | Subpart 91.K | Subpart 121.K Subpart 133.K Subpart 135.K |
17 | Subpart 91.P | Subpart 121.P Subpart 133.P Subpart 135.P |
(2) Subregulation (1) has effect despite any other provision of this Part.
For the purposes of subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:
(a) required or permitted by these Regulations to be prescribed by the Part 91 Manual of Standards; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
Note: A Manual of Standards is a legislative instrument: see subsection 98(5AA) of the Act.
(1) If a provision of this Part, or of the Part 91 Manual of Standards, refers to a person holding an approval under this regulation, a person may apply to CASA, in writing, for the approval.
(2) Subject to regulation 11.055, the approval must be granted.
(3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation.
(4) For the purposes of regulations 91.200, 91.320, 91.510, 91.600, 91.655 and 91.745, the operator of an aircraft is taken to hold an approval under this regulation for an activity if the activity is authorised under:
(a) the operator’s AOC or another civil aviation authorisation held by the operator; or
(b) if the operator is required under these Regulations to have an exposition or operations manual—the exposition or operations manual.
(5) For the purposes of regulations 91.860, 91.865, 91.870, 91.875, 91.885 and 91.920, the operator of an aircraft is taken to hold an approval under this regulation for an activity if the activity is authorised under another civil aviation authorisation held by the operator.
(1) If a provision of Subpart 91.T refers to a person holding an approval under this regulation, a person may apply to an authorised person, in writing, for the approval.
(2) Subject to regulation 11.055, the approval must be granted.
(3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if the aircraft is operated in a manner that creates a hazard to another aircraft, a person or property.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) A person contravenes this subregulation if the person:
(a) travels on an aircraft for a flight; and
(b) at the time of the travel, does not have the consent of the operator of the aircraft, or the pilot in command of the aircraft for the flight, to travel on the aircraft.
(2) A person contravenes this subregulation if the person:
(a) places cargo on an aircraft for a flight; and
(b) at the time of placing the cargo on the aircraft, does not have the consent of the operator of the aircraft, or the pilot in command of the aircraft for the flight, to place cargo on the aircraft.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
(1) The Part 91 Manual of Standards may prescribe requirements relating to the conduct of an NVIS flight.
(2) The pilot in command of an aircraft for an NVIS flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.
Note: This regulation does not apply to the operation of an aircraft if regulation 133.265 or 138.350 applies to the operation: see regulation 91.035.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, the aircraft is not flown in accordance with the airspeed limits for the flight prescribed by the Part 91 Manual of Standards.
(2) A person commits an offence if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: This Division does not apply to the operation of an aircraft if regulation 133.030 or 138.210 applies to the operation: see regulation 91.035.
(1) This regulation applies in relation to the operation of an aircraft during the following period:
(a) from the earlier of:
(i) the time the aircraft’s doors are closed before take‑off; and
(ii) the time the flight begins;
(b) to the later of:
(i) the time the aircraft’s doors are opened after landing; and
(ii) the time the flight ends.
(2) The pilot in command of the aircraft contravenes this subregulation if the pilot in command does not comply with either or both of the following:
(a) the aircraft flight manual instructions for the aircraft;
(b) any conditions specified in the aircraft’s certificate of airworthiness or special flight permit.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
To avoid doubt, if a document is required to be carried on a flight of an aircraft under this Division, that requirement is taken to be satisfied if an electronic copy of the document is carried on the flight.
Note: Electronic copies may not satisfy the requirements of the law of a foreign country for flights that begin or end at an aerodrome outside Australian territory.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft begins the flight, a document mentioned in subregulation (2) is not carried on the aircraft.
(2) The documents are as follows:
(a) for each flight crew member:
(i) the member’s medical certificate; and
(ii) the member’s flight crew licence or certificate of validation;
(b) for each flight crew member, either:
(i) a photographic identification document issued by a Commonwealth, State or Territory authority or agency; or
(ii) the member’s passport;
(c) the aircraft flight manual instructions for the aircraft;
(d) if the aircraft is fitted with computerised navigation equipment—the operating instructions for the equipment;
(e) any minimum equipment list for the aircraft.
(3) Subregulation (1) does not apply if:
(a) aerobatic manoeuvres will be conducted during the flight; and
(b) carriage of the documents on the aircraft would present a risk to the safety of the aircraft or persons on board the aircraft.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 25 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the
Criminal Code .
(1) This regulation applies in relation to a flight of an aircraft other than:
(a) a VFR flight conducted by day and within 50 nautical miles of the aircraft’s point of departure; or
(b) a flight conducted:
(i) within the flying training area for an aerodrome; and
(ii) if the flying training area for the aerodrome is not adjacent to the aerodrome—along the flight path between the flying training area and the aerodrome.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight begins, a document mentioned in subregulation (3) is not carried on the aircraft.
(3) The documents are as follows:
(a) the authorised aeronautical information for the flight;
(b) the flight technical log or maintenance release for the aircraft.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 25 penalty units.
(1) This regulation applies in relation to a flight of an aircraft that begins or ends at an aerodrome outside Australian territory.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight begins, a document mentioned in subregulation (3) is not carried on the aircraft.
(3) The documents are as follows:
(a) the aircraft’s certificate of airworthiness;
(b) the aircraft’s certificate of registration;
(c) the journey log for the flight mentioned in regulation 91.120;
(d) a list including the name, place of embarkation and place of destination of each passenger on the aircraft;
(e) if the aircraft is carrying cargo (other than passenger baggage)—a manifest and detailed declaration of the cargo;
(f) if the aircraft has a radio station licence that is an apparatus licence or a class licence—a copy of the licence;
(g) if the operator or pilot in command of the aircraft holds an approval under regulation 91.045 or holds another civil aviation authorisation that is relevant to the flight—a copy of the approval or authorisation.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 25 penalty units.
(1) This regulation applies to a flight of an aircraft that begins or ends at an aerodrome outside Australian territory.
(2) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) the Part 91 Manual of Standards prescribes requirements relating to maintaining a journey log for the flight; and
(b) the requirements are not met for the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 25 penalty units.
Note: This Division is reserved for future use.
Note: This Division is reserved for future use.
(1) The operator and the pilot in command of an Australian aircraft for a flight in a foreign country each contravene this subregulation if:
(a) a requirement of a law of the foreign country applies in relation to the flight; and
(b) the aircraft is operated in a way that does not comply with the requirement.
(2) The operator and the pilot in command of an Australian aircraft for a flight over the high seas each contravene this subregulation if:
(a) a requirement of Annex 2 of the Chicago Convention applies in relation to the flight; and
(b) the aircraft is operated in a way that does not comply with the requirement.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
(1) The pilot in command of an Australian aircraft for a flight contravenes this subregulation if:
(a) a requirement in subregulation (2) is not met; and
(b) the flight begins.
(2) The requirements are the following:
(a) the aircraft must be registered;
(b) the aircraft must have a nationality mark and a registration mark painted on, or affixed to, it in accordance with Part 45;
(c) if required under these Regulations, the aircraft must have a certificate of airworthiness or special flight permit;
(d) the flight must comply with any condition that is set out or referred to in the maintenance release or in any other document approved for use under these Regulations as an alternative to the maintenance release;
(e) each flight crew member required under these Regulations for the flight must be on board the aircraft.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) the aircraft begins the flight with inoperative equipment; and
(b) the equipment:
(i) is required to be fitted to, or carried on, the aircraft by the certification basis for the aircraft or by or under these Regulations; and
(ii) is accessible, and likely to be used, by a person during the flight; and
(iii) is not placarded as inoperative.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) A person contravenes this subregulation if, during a flight of an aircraft:
(a) the person manipulates the flight controls of the aircraft; and
(b) any of the following apply:
(i) for an Australian aircraft other than a Part 103 aircraft or a Part 131 aircraft—the person is not authorised to pilot the aircraft under Part 61;
(ii) for a foreign registered aircraft—the person is not qualified to pilot the aircraft under the law of the aircraft’s State of registry or the State of the operator;
(iii) for a Part 103 aircraft—the person is not authorised to pilot the aircraft by a Part 103 ASAO;
(iv) for a Part 131 aircraft—the person is not authorised to pilot the aircraft by a Part 131 pilot authorisation.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) the pilot in command permits a person to manipulate the flight controls of the aircraft; and
(b) any of the following apply:
(i) for an Australian aircraft other than a Part 103 aircraft or a Part 131 aircraft—the person is not authorised to pilot the aircraft under Part 61;
(ii) for a foreign registered aircraft—the person is not qualified to pilot the aircraft under the law of the aircraft’s State of registry or the State of the operator;
(iii) for a Part 103 aircraft—the person is not authorised to pilot the aircraft by a Part 103 ASAO;
(iv) for a Part 131 aircraft—the person is not authorised to pilot the aircraft by a Part 131 pilot authorisation.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
(1) A person contravenes this subregulation if the person:
(a) carries or otherwise possesses a firearm on an aircraft; and
(b) the aircraft is not a prescribed aircraft within the meaning of the
Aviation Transport Security Act 2004 ; and(c) neither the operator nor the pilot in command of the aircraft has consented to the person carrying or otherwise possessing the firearm on the aircraft.
(2) Subregulation (1) does not apply if the person is authorised (however described) under another provision of these Regulations or another law of the Commonwealth to carry or otherwise possess the firearm on the aircraft.
Note 1: For other provisions of these Regulations that deal with firearms and aircraft, see Part 138.
Note 2: For other laws of the Commonwealth that deal with firearms and aircraft, see:
(a) Division 3 of Part 4 of the
Aviation Transport Security Act 2004 ; and(b) section 23 of the
Crimes (Aviation) Act 1991 .(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the
Criminal Code .
(1) A person contravenes this subregulation if the person discharges a firearm while on an aircraft.
(2) Subregulation (1) does not apply if the person is authorised (however described) under another provision of these Regulations or another law of the Commonwealth to discharge the firearm on the aircraft.
Note 1: For other provisions of these Regulations that deal with firearms and aircraft, see Part 138.
Note 2: For other laws of the Commonwealth that deal with firearms and aircraft, see:
(a) Division 3 of Part 4 of the
Aviation Transport Security Act 2004 ; and(b) section 23 of the
Crimes (Aviation) Act 1991 .(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the
Criminal Code .
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) the pilot in command permits a person to operate a portable electronic device during the flight; and
(b) the pilot in command does not determine that the operation of the device during the flight will not affect the safety of the aircraft.
(2) A person on an aircraft for a flight contravenes this subregulation if:
(a) during the flight, the person operates a portable electronic device; and
(b) the person has been directed by the pilot in command, or instructed by a cabin crew member, not to operate the portable electronic device during the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
(1) A crew member for a flight of an aircraft contravenes this subregulation if:
(a) the crew member operates a portable electronic device at a time during the flight; and
(b) operating the device at that time is likely to distract the crew member from performing the crew member’s duties for the flight.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) A person contravenes this subregulation if:
(a) the person conducts an air display in Australian territory; and
(b) the person does not hold an approval under regulation 91.045 to conduct the air display.
(2) The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) the flight is in an air display in Australian territory; and
(b) the person conducting the air display does not hold an approval under regulation 91.045 to conduct the air display.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, the pilot in command conducts aerobatic manoeuvres in IMC.
Note: For the requirement for a pilot to hold flight activity endorsements to conduct aerobatic manoeuvres, see regulation 61.380 and table 61.1145.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) the pilot in command conducts aerobatic manoeuvres:
(i) over a populous area; or
(ii) at an air display; or
(iii) at night; and
(b) the pilot in command does not hold an approval under regulation 91.045 to conduct the aerobatic manoeuvres:
(i) for a flight over a populous area—over the populous area; or
(ii) for a flight at an air display—at the air display; or
(iii) for a flight at night—at night.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, a thing is dropped from the aircraft.
Note: This regulation does not apply to the operation of an aircraft if regulation 138.425 applies to the operation: see regulation 91.035.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) a person or thing is picked up or set down by the aircraft during the flight; and
(b) the requirement mentioned in subregulation (2) is not met.
Note: This regulation does not apply to the operation of an aircraft if regulation 138.410 applies to the operation: see regulation 91.035.
(2) The requirement is that:
(a) the pilot in command must hold an approval under regulation 91.045 for the person or thing to be picked up or set down during the flight; or
(b) another provision of these Regulations must permit the person or thing to be picked up or set down during the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) during the flight, a person is carried on or in:
(i) a part of the aircraft that is not designed to carry crew members or passengers; or
(ii) a thing attached to the aircraft; and
(b) neither the operator nor the pilot in command of the aircraft holds an approval under regulation 91.045 to carry the person on or in that part of the aircraft or that thing during the flight.
Note: This regulation does not apply to the operation of an aircraft if regulation 138.410 applies to the operation: see regulation 91.035.
(2) Subregulation (1) does not apply to the temporary carriage of a crew member in a part of the aircraft that is not designed to accommodate crew members or passengers if:
(a) the carriage of the crew member in that part of the aircraft is for the purpose of doing anything for the safety of the aircraft or any person or cargo carried in it; or
(b) both:
(i) goods or stores are carried in that part of the aircraft; and
(ii) there is a proper means of access for crew members to the goods or stores.
(2A) Subregulation (1) does not apply if:
(a) the aircraft is being operated to facilitate a parachute descent; and
(b) the requirements prescribed by the Part 105 Manual of Standards are met.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) or (2A): see subsection 13.3(3) of the
Criminal Code .
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) the aircraft is flying in formation; and
(b) the pilot in command has not pre‑arranged with each pilot in command of the other aircraft making up the formation to fly as part of the formation.
Note: For the requirement for a pilot to hold flight activity endorsements to fly in formation, see regulation 61.380 and table 61.1145.
(1A) Subregulation (1) does not apply if the requirements prescribed by the Part 91 Manual of Standards for the purposes of this subregulation are met in relation to the flight.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) the aircraft is flown in formation at night; and
(b) the pilot in command does not hold an approval under regulation 91.045 to fly in formation at night.
(3) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) the aircraft is flown in formation in IMC; and
(b) the pilot in command does not hold an approval under regulation 91.045 to fly in formation in IMC.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (1A): see subsection 13.3(3) of the
Criminal Code .
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) a thing is towed by the aircraft; and
(b) the requirement mentioned in subregulation (2) is not met.
(2) The requirement is that:
(a) the pilot in command must hold an approval under regulation 91.045 to tow the thing during the flight; or
(b) another provision of these Regulations must permit the thing to be towed by the aircraft during the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) This regulation applies in relation to the operation of an aircraft during the following period:
(a) from the earlier of:
(i) the time the aircraft’s doors are closed before take‑off; and
(ii) the time the flight begins;
(b) to the later of:
(i) the time the aircraft’s doors are opened after landing; and
(ii) the time the flight ends.
(2) The pilot in command of the aircraft:
(a) has final authority over:
(i) the aircraft; and
(ii) the maintenance of discipline by all persons on the aircraft; and
(b) must ensure:
(i) the safety of persons on the aircraft; and
(ii) the safety of cargo on the aircraft; and
(iii) the safe operation of the aircraft during the flight.
(1) The operator or pilot in command of an aircraft for a flight may do a thing mentioned in subregulation (2) if the operator or pilot in command believes it is necessary for the safety of:
(a) the aircraft; or
(b) a person on the aircraft; or
(c) a person or property on the ground or water.
(2) The things are as follows:
(a) direct a person to do something while the person is on the aircraft;
(b) direct a person not to do something, or to limit the doing of something, while the person is on the aircraft;
(c) direct a person to leave the aircraft before the flight begins;
(d) with such assistance and by the use of such force as is reasonable and necessary:
(i) remove a person or a thing from the aircraft before the flight begins; or
(ii) restrain a person for the duration of the flight or part of the flight; or
(iii) seize a thing on the aircraft for the duration of the flight or part of the flight; or
(iv) place a person on the aircraft in custody; or
(v) detain a person or a thing, until the person or thing can be released into the control of an appropriate authority.
Note: Under regulation 91.225, crew members of an aircraft have a limited power of arrest.
(3) A person on an aircraft contravenes this subregulation if:
(a) the operator or pilot in command of the aircraft gives the person a direction mentioned in paragraph (2)(a), (b) or (c); and
(b) the person does not comply with the direction.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 50 penalty units.
(1) A crew member of an aircraft for a flight may, without warrant, arrest a person on the aircraft if:
(a) the crew member believes, on reasonable grounds, that the person is committing, is attempting to commit, is about to commit, has committed or has attempted to commit, an offence against the Act or these Regulations in relation to the aircraft; and
(b) the purpose of the arrest is to ensure the safety of the aircraft or of its passengers, crew or cargo or otherwise for the purposes of the Act or these Regulations; and
(c) if the crew member is not the pilot in command of the aircraft—the pilot in command has authorised the crew member to arrest the person without warrant.
(2) The pilot in command of the aircraft must ensure that, as soon as practicable after the end of the flight, a person arrested under subregulation (1) is delivered into the custody of:
(a) if the flight ends in Australia—a constable; or
(b) if the flight ends in a foreign country—a person in that country who is equivalent to a constable.
Note: See also sections 3ZC (use of force in making arrest) and 3ZD (persons to be informed of grounds of arrest) of the
Crimes Act 1914 .
(1) The Part 91 Manual of Standards may prescribe requirements relating to flight preparation and weather assessments (the
flight preparation (weather assessments) requirements ).(2) The pilot in command of an aircraft for a flight contravenes this subregulation if a flight preparation (weather assessments) requirement is not met for the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The Part 91 Manual of Standards may prescribe requirements relating to flight preparation and alternate aerodromes (the
flight preparation (alternate aerodromes) requirements ).(2) The pilot in command of an aircraft for a flight contravenes this subregulation if a flight preparation (alternate aerodromes) requirement is not met for the flight.
Note: This regulation does not apply to the operation of an aircraft if regulation 121.170 applies to the operation: see regulation 91.035.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The Part 91 Manual of Standards may prescribe requirements (the
flight notification requirements ) relating to flight notifications.(2) The pilot in command of an aircraft for a flight contravenes this subregulation if a flight notification requirement is not met for the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft takes off for the flight, a check prescribed by the Part 91 Manual of Standards has not been carried out.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The Part 91 Manual of Standards may prescribe requirements in relation to the use by an aircraft of:
(a) a class of airspace or a portion of a class of airspace; or
(b) a controlled aerodrome; or
(c) a control area; or
(d) a control zone; or
(e) a prohibited area; or
(f) a restricted area; or
(g) a danger area.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) air traffic control gives the pilot in command an air traffic control clearance or air traffic control instructions; and
(b) the pilot in command does not comply with the clearance or instructions.
(2) Subregulation (1) does not apply if:
(a) it is not practicable to seek authorisation for the non‑compliance before it occurs; and
(b) the non‑compliance is necessary for the safety of the aircraft or the persons on the aircraft; and
(c) the pilot in command informs air traffic control about the non‑compliance as soon as practicable after the pilot in command is unable to comply with the clearance or instructions.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the
Criminal Code .
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) the aircraft:
(i) is in a prohibited area; or
(ii) is in a restricted area in contravention of a condition relating to the declaration of the area as a restricted area under regulation 7 of the
Airspace Regulations 2007 ; and(b) the pilot in command does not comply with subregulation (2) as soon as the pilot becomes aware that the aircraft is in the prohibited area or restricted area.
(2) The pilot must:
(a) if the aircraft is fitted with, or carries, a means for the pilot in command to communicate with Air Traffic Services during the flight—inform Air Traffic Services, or the controlling authority (specified in the authorised aeronautical information for the flight) for the prohibited or restricted area, that the aircraft is in the area; and
(b) for an aircraft (other than a Part 131 aircraft)—fly the aircraft out of the area; and
(c) for a Part 131 aircraft:
(i) fly the aircraft out of the area; or
(ii) if it is not possible to fly the aircraft out of the area—land the aircraft and inform the authority controlling the area as soon as is practicable.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) during the flight the aircraft enters an air defence identification zone published in the authorised aeronautical information for the flight; and
(b) a procedure published in the authorised aeronautical information for the flight for that zone is not complied with for the flight.
(2) Subregulation (1) does not apply in relation to a Part 131 aircraft if the pilot in command of the aircraft lands the aircraft and informs the authority controlling the area as soon as is practicable after entering the air defence identification zone.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the
Criminal Code .
(1) This regulation applies if an aircraft is flown over a populous area or a public gathering.
Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.
(2) The pilot in command of an aeroplane for a flight contravenes this subregulation if, during the flight:
(a) the aeroplane is flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 600 m of the point on the ground or water immediately below the aeroplane; and
(b) none of the circumstances mentioned in subregulation (4) applies.
(3) The pilot in command of a rotorcraft for a flight contravenes this subregulation if, during the flight:
(a) the rotorcraft is flown below 1,000 ft above thehighest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the rotorcraft; and
(b) none of the circumstances mentioned in subregulation (4) applies.
(4) The circumstances are the following:
(a) the aircraft is taking off or landing in circumstances prescribed by the Part 91 Manual of Standards;
(b) the aircraft is engaged in a missed approach;
(c) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice emergency procedure at an aerodrome;
(d) the aircraft is performing training circuits at an aerodrome;
(e) the pilot in command holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);
(f) for a rotorcraft—the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;
(g) for a rotorcraft, seaplane or amphibian—the aircraft is flying within an access lane:
(i) that is for use by aircraft taking off from, or landing at, a particular place; and
(ii) details of which are published in the authorised aeronautical information for the flight;
(h) for a single‑engine seaplane or a single‑engine amphibian:
(i) the aeroplane is operating over water and within safe gliding distance of open water suitable for a forced landing; and
(ii) the aeroplane is not flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the water immediately below the aeroplane;
(i) the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.
(5) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).
Penalty: 50 penalty units.
(1) This regulation applies if an aircraft is flown other than over a populous area or a public gathering.
Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) the aircraft is flown below 500 ft above thehighest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the aircraft; and
(b) none of the circumstances mentioned in subregulation (3) applies.
(3) The circumstances are the following:
(a) the aircraft is taking off or landing in circumstances prescribed by the Part 91 Manual of Standards;
(b) the aircraft is engaged in a missed approach;
(c) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice emergency procedure at an aerodrome;
(d) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice forced landing procedure with the consent of the person or authority having control over the land or water above which the procedure is carried out;
(e) the aircraft:
(i) is being operated by a Part 141 operator to conduct low‑flying flight training or by a Part 142 operator to conduct a low‑flying activity; and
(ii) is being flown over an area that, with the consent of the person or authority with control of the area, has been determined by the operator to be a suitable flight training area for the training and has been surveyed by the pilot in command for obstacles before the flight; and
(iii) is not carrying passengers;
(f) the aircraft is performing training circuits at an aerodrome;
(g) the pilot holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);
(h) all of the following apply:
(i) the pilot in command of the aircraft is authorised under Part 61, or holds an approval under regulation 91.045, to fly the aircraft below the height mentioned in paragraph (2)(a);
(ii) the pilot in command of the aircraft conducts a risk assessment of the area to be flown over;
(iii) the point on the ground or water vertically below the aircraft is not within 150 m of a person, vessel, vehicle or structure or of livestock;
(i) for a rotorcraft—the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;
(j) for a rotorcraft, seaplane or amphibian—the aircraft is flying within an access lane:
(i) that is for use by aircraft taking off from, or landing at, a particular place; and
(ii) details of which are published in the authorised aeronautical information for the flight;
(k) the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a flight, other than a Part 103 aircraft or a Part 131 aircraft, contravenes this subregulation if, at any time during the flight, the aircraft is not flown under the VFR or IFR.
(2) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if any part of the flight takes place other than by day and under the VFR.
(3) The pilot in command of a Part 131 aircraft for a flight contravenes this subregulation if any part of the flight takes place other than under the VFR.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).
Penalty: 50 penalty units.
(1) The Part 91 Manual of Standards may prescribe requirements relating to the operation of an aircraft for a VFR flight.
(2) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified VFR cruising level for the track.
(2) Subregulation (1) does not apply if the aircraft is in uncontrolled airspace and any of the following apply:
(a) the aircraft is below 3,000 ft above mean sea level;
(b) the aircraft is at or above 3,000 ft above mean sea level but below 1,500 ft AGL;
(c) it is not practicable for the pilot in command to fly the aircraft at a specified VFR cruising level for the track;
(d) the aircraft is a glider in soaring flight.
(3) Subregulation (1) does not apply if:
(a) the aircraft is in controlled airspace; and
(b) air traffic control has given the pilot in command an air traffic control instruction, or an air traffic control clearance, to fly the aircraft other than at a specified VFR cruising level for the track.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) or (3): see subsection 13.3(3) of the
Criminal Code .
(1) The pilot in command of an aircraft for a VFR flight at night contravenes this subregulation if, during the flight:
(a) the aircraft is flown along a route or route segment at a heightlower than the minimum height mentioned in subregulation (2); and
(b) none of the circumstances mentioned in subregulation (3) applies.
Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.
(2) The minimum height is the lowest height of the following for the route or route segment:
(a) the published lowest safe altitude for the route or route segment (if any);
(b) the minimum sector altitude published in the authorised aeronautical information for the flight (if any);
(c) the lowest safe altitude for the route or route segment;
(d) 1,000 ft above the highest obstacle on the ground or water within 10 nautical miles ahead of, and to either side of, the aircraft at that point on the route or route segment;
(e) the lowest altitude for the route or route segment calculated in accordance with a method prescribed by the Part 91 Manual of Standards for the purposes of this paragraph.
(3) The circumstances are the following:
(a) the aircraft is taking off or landing;
(b) the aircraft is within 3 nautical miles of the aerodrome from which the aircraft has taken off, or at which the aircraft will land;
(c) the aircraft is being flown in accordance with an air traffic control clearance.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight, the aircraft is not flown in accordance with a requirement of the VMC criteria for the aircraft and the airspace in which the flight is conducted.
(2) Subregulation (1) does not apply to a flight of an aircraft if:
(a) air traffic control has authorised the pilot in command of the aircraft to conduct the flight under the special VFR; and
(b) the pilot in command complies with the special VFR.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the
Criminal Code .
(1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight, the aircraft is flown at a transonic or supersonic speed.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight:
(a) the aircraft is flown in class A airspace; and
(b) the pilot in command does not hold an approval under regulation 91.045 to conduct a VFR flight in class A airspace.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The Part 91 Manual of Standards may prescribe requirements relating to the operation of an aircraft for an IFR flight.
(2) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track.
(2) Subregulation (1) does not apply if:
(a) the aircraft is in uncontrolled airspace; and
(b) it is not practicable for the pilot in command to fly the aircraft at a specified IFR cruising level for the track.
(3) Subregulation (1) does not apply if air traffic control has:
(a) given the pilot in command an air traffic control instruction to fly the aircraft at the cruising level; or
(b) given the pilot in command an air traffic control clearance to fly the aircraft at the cruising level.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) or (3): see subsection 13.3(3) of the
Criminal Code .
(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:
(a) the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and
(b) before the aircraft is flown at that cruising level, the pilot in command does not notify Air Traffic Services of the cruising level.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:
(a) the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and
(b) there is a risk of collision between the aircraft and another aircraft that:
(i) is conducting a VFR flight on a track; and
(ii) is flying at a specified VFR cruising level for the track; and
(c) the pilot in command does not give way to the other aircraft.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1)The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight:
(a) the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation (2); and
(b) none of the circumstances mentioned in subregulation (3) applies.
Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.
(2) The minimum height is the lowest of the following for the route or route segment:
(a) the published lowest safe altitude for the route or route segment (if any);
(b) the minimum sector altitude published in the authorised aeronautical information for the flight (if any);
(c) the lowest safe altitude for the route or route segment.
(3)The circumstances are the following:
(a) the aircraft is taking off or landing;
(b) the aircraft is being flown in accordance with:
(i) requirements relating to visual approach or departure procedures published in the authorised aeronautical information for the flight; or
(ii) an authorised instrument departure procedure or an authorised instrument approach procedure; or
(iii) an air traffic control clearance;
(c) the aircraft is being flown in VMC by day.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The Part 91 Manual of Standards may prescribe the following:
(a) requirements (the
take‑off minima requirements ) relating to take‑off minima for an aerodrome;(b) requirements (the
landing minima requirements ) relating to landing minima for an aerodrome.(2) The operator and the pilot in command of an aircraft for an IFR flight each contravene this subregulation if:
(a) the aircraft conducts a take‑off at an aerodrome; and
(b) a take‑off minima requirement for the aerodrome is not met for the flight.
(3) The operator and the pilot in command of an aircraft for an IFR flight each contravene this subregulation if:
(a) the aircraft conducts a landing at an aerodrome; and
(b) a landing minima requirement for the aerodrome is not met for the flight.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).
Penalty: 50 penalty units.
(1) The Part 91 Manual of Standards may prescribe circumstances in which an aircraft flown under the IFR must not make an approach to land at an aerodrome.
(2) The operator and the pilot in command of an aircraft for an IFR flight each contravene this subregulation if:
(a) the aircraft makes an approach to land at an aerodrome; and
(b) the approach to land is made in circumstances mentioned in subregulation (1).
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) the aircraft conducts a low‑visibility operation at an aerodrome; and
(b) when the operation begins:
(i) if the operator is required under these Regulations to have an exposition or an operations manual—the operator does not hold an approval under regulation 91.045 to conduct the low‑visibility operation; or
(ii) if subparagraph (i) does not apply—the pilot in command does not hold an approval under regulation 91.045 to conduct the low‑visibility operation.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The operator of an aircraft contravenes this subregulation if, while the aircraft is operating at an aerodrome:
(a) the aircraft does not operate in the specified aircraft performance category for the aircraft at the aerodrome; and
(b) the operator:
(i) does not hold an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome; or
(ii) holds an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome but does not comply with subregulation (3) of this regulation.
(2) The operator of an aircraft contravenes this subregulation if:
(a) the operator holds an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome; and
(b) the aircraft does not operate in that lower aircraft performance category.
(3) The operator must give details to the flight crew of:
(a) the approval; and
(b) the conditions (if any) imposed by CASA on the approval.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
A flight crew member must, during a flight, maintain vigilance, so far as weather conditions permit, to see and avoid other aircraft.
(1) The pilot in command of an aircraft contravenes this subregulation if, during a flight:
(a) there is a risk of collision between the aircraft and another aircraft; and
(b) a circumstance mentioned in column 1 of an item in the following table exists; and
(c) the pilot in command contravenes the right of way rule mentioned in column 2 of that item.
1 | An aircraft is in an emergency and compelled to land | Any other aircraft must give way to the aircraft that is compelled to land |
2 | An aircraft is landing | Any other aircraft (whether in flight or operating on the ground or water) must give way to the aircraft that is landing |
3 | Two heavier‑than‑air aircraft are conducting an approach to land at an aerodrome | The following rules apply:
|
4 | An aircraft is overtaking another aircraft | The aircraft that is overtaking must give way to the aircraft being overtaken |
5 | Aircraft mentioned in column 2 are in the same vicinity | An aircraft mentioned in the following list must give way to an aircraft listed above it in the list: (a) a balloon; (b) a person descending by parachute; (c) an unpowered glider; (d) an airship;
(f) a power‑driven aircraft |
6 | Two aircraft are on converging headings at approximately the same altitude | The aircraft that has the other aircraft on its right must give way to the other aircraft |
(2) Subregulation (1) does not apply if it is necessary, in order to avoid a collision with an aircraft, not to comply with the right of way rule.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the
Criminal Code .
Aircraft with right of way to maintain heading and speed
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) there is a risk of collision with another aircraft; and
(b) the aircraft has right of way over the other aircraft (in accordance with regulation 91.330); and
(c) the aircraft’s heading and speed is not maintained until there is no longer a risk of collision.
Overtaking aircraft to keep clear and to right
(2) The pilot in command of an aircraft contravenes this subregulation if, when the aircraft is overtaking another aircraft (whether in the course of climbing, descending or in level flight), the pilot does not:
(a) keep the aircraft out of the way of the other aircraft, even if the other aircraft alters course while being overtaken; and
(b) fly the aircraft so that it passes to the right of the other aircraft and remains on the right until clear of the other aircraft.
Aircraft approaching head on to alter heading to right
(3) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) the aircraft and another aircraft are approaching in the air head on or approximately so; and
(b) there is a risk of collision; and
(c) the aircraft’s heading is not altered to the right.
Aircraft giving way not to create collision risk
(4) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) the aircraft is required to give way to another aircraft:
(i) by a right of way rule in regulation 91.330; or
(ii) by an additional right of way rule in subregulation (1), (2) or (3) of this regulation; or
(iii) by an additional right of way rule in regulation 91.340; and
(b) the aircraft is flown so that it passes ahead of the other aircraft, or directly over or under it, so closely that there is a risk of collision.
Exceptions
(5) Subregulation (1), (2), (3) or (4) does not apply if it is necessary, in order to avoid a collision with an aircraft, to not comply with the subregulation.
(5A) Paragraph (2)(b) does not apply if:
(a) the aircraft is a glider engaged in ridge or hill soaring; and
(b) the pilot flies the aircraft so that it passes between the ridge or hill and the other aircraft.
(6) Subregulation (4) does not apply if, as a result of a command of the aircraft’s airborne collision avoidance system, the pilot was manoeuvring the aircraft to the extent necessary to ensure the safety of the aircraft.
Offence
(7) A person commits an offence of strict liability if the person contravenes subregulation (1), (2), (3) or (4).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (5), (5A) or (6): see subsection 13.3(3) of the
Criminal Code .
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during take‑off or landing, the aircraft is flown in a manner that creates a risk of collision with:
(a) another aircraft; or
(b) a person, vessel, vehicle or structure.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) This regulation applies in relation to a requirement of the International Regulations to the extent that the requirement is not inconsistent with a requirement of regulation 91.355.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) the aircraft is operating on water; and
(b) the aircraft is not operated in accordance with the International Regulations.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) the aircraft is in level flight, or is manoeuvring near the surface of water; and
(b) the aircraft does not, as far as possible:
(i) keep clear of a vessel; or
(ii) avoid impeding the navigation of a vessel.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) This regulation applies in relation to a flight of an aircraft if, under regulation 91.820, a cabin crew member must be carried on the flight.
(2) The operator, a cabin crew member, and the pilot in command, of an aircraft for a flight each contravene this subregulation if:
(a) the cabin crew member is not competent to:
(i) operate and use emergency and safety equipment on the aircraft that is relevant to the cabin crew member’s duties; and
(ii) implement emergency evacuation procedures for the aircraft; and
(b) the cabin crew member begins to carry out cabin crew member duties for the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
If a certificate of airworthiness in more than one category has been issued for an aircraft, this Subpart applies in relation to the operation of the aircraft only for the category in relation to which the aircraft is being operated.
(1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) a special certificate of airworthiness in the restricted category has been issued for the aircraft; and
(b) the aircraft begins a flight; and
(c) a requirement mentioned in subregulation (2) is not met for the flight.
(2) The requirements are as follows:
(a) the certificate of airworthiness must be in force;
(b) if the certificate of airworthiness is granted subject to a condition or requirement—the condition or requirement must be complied with;
(c) the flight must not be an air transport operation;
(d) the flight must be an operation of a kind mentioned in regulation 91.845;
(e) a person may only be carried on the flight who is:
(i) a crew member; or
(ii) if the flight is a special purpose operation—a person who is needed to accomplish a work activity directly associated with the special purpose operation for which the certificate of airworthiness was issued; or
(iii) a person carried as part of an operation mentioned in paragraph 91.845(1)(j).
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) For the purposes of paragraph 91.840(2)(d), the kinds of operation are as follows:
(a) a special purpose operation for which the special certificate of airworthiness for the aircraft was issued;
(b) participation in an air display;
(c) taking the aircraft to or from a place where a demonstration or display of the aircraft is to take place;
(d) practice in flying the aircraft for participation in an air display;
(e) taking the aircraft to a place where maintenance on the aircraft is to be done;
(f) taking the aircraft from a place where maintenance on the aircraft has been done;
(g) testing the aircraft after maintenance;
(h) flying training (other than for the issue of a pilot licence);
(i) pilot proficiency training or practice in flying the aircraft;
(j) carrying out a demonstration or test of the aircraft for sale;
(k) delivering the aircraft to a person under a contract of sale.
(2) For the purposes of paragraph (1)(a), a reference to a special purpose operation for which the special certificate of airworthiness for the aircraft was issued includes a reference to the following:
(a) training in the special purpose operation;
(b) taking the aircraft to a place where the special purpose operation is to start;
(c) taking the aircraft from a place where the special purpose operation has ended;
(d) any other operation necessary to accomplish the special purpose operation.
(1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) a provisional certificate of airworthiness has been issued for the aircraft; and
(b) the aircraft begins a flight; and
(c) a requirement mentioned in subregulation (2) is not met for the flight.
(2) The requirements are as follows:
(a) the certificate of airworthiness must be in force;
(b) if the certificate of airworthiness is granted subject to a condition or requirement—the condition or requirement for the flight must be complied with;
(c) the flight must not be an air transport operation;
(d) the flight must be an operation of a kind mentioned in regulation 91.855;
(e) if the aircraft is being flown to obtain type certification or supplemental type certification for the aircraft—the requirements in regulation 91.860 are met;
(f) if paragraph (e) does not apply to the flight—the aircraft must be flown within the limitations stated in the aircraft flight manual instructions for the aircraft;
(g) the requirements for the carriage of people mentioned in regulation 91.865 must be complied with;
(h) the pilot must comply with the procedures mentioned in subregulation 91.870(1).
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
For the purposes of paragraph 91.850(2)(d), the kinds of operation are as follows:
(a) an operation that is required to obtain type certification or supplemental type certification for the aircraft;
(b) training flight crew members, including by means of simulated air transport operations;
(c) a demonstration flight by the aircraft’s manufacturer for prospective purchasers;
(d) an operation by the aircraft’s manufacturer for the purpose of conducting a market survey;
(e) an operation conducted for the purpose of flight checking of instruments, accessories, and items of equipment that do not affect the airworthiness of the aircraft;
(f) service testing of the aircraft.
(1) For the purposes of paragraph 91.850(2)(e), the requirements are as follows:
(a) if the aircraft’s provisional certificate of airworthiness is subject to a condition limiting the area within which the aircraft may be flown—the flight must not take place outside, or partly outside, that area unless the holder of the provisional certificate of airworthiness for the aircraft holds an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;
(b) if the flight is over a populous area—the holder of the provisional certificate of airworthiness for the aircraft must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;
(c) either:
(i) the flight must take place by day and under the VFR; or
(ii) the holder of the provisional certificate of airworthiness for the aircraft must hold an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph.
(2) It is a requirement for a grant of an approval mentioned in paragraphs (1)(a) and (b) that CASA or an authorised person is satisfied that the aircraft:
(a) is controllable throughout its normal range of speeds and throughout all of the manoeuvres to be executed; and
(b) has no hazardous operating characteristics or design features.
(1) For the purposes of paragraph 91.850(2)(g), the requirements for the carriage of people are as follows:
(a) each person carried on the aircraft must be notified before boarding the aircraft that the aircraft is provisionally certificated;
(b) a person must not be carried on the aircraft unless subregulation (2) applies to the person.
(2) This subregulation applies to a person if:
(a) the person has a function in the aircraft’s operations; or
(b) both of the following apply:
(i) carriage of the person is authorised by the manufacturer;
(ii) the holder of the provisional certificate of airworthiness for the aircraft holds an approval under regulation 91.045 or 91.050 for the carriage of the person.
(1) The operator of a provisionally certificated aircraft must hold an approval under regulation 91.045 or 91.050 for procedures for use by flight crew and personnel who carry out a ground support duty in both:
(a) operating the aircraft in accordance with this Division; and
(b) landing at and taking off from an aerodrome if take‑off or approach over a populous area is necessary.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) an experimental certificate has been issued for the aircraft; and
(b) the aircraft begins a flight; and
(c) a requirement mentioned in subregulation (2) is not met for the flight.
(2) The requirements are as follows:
(a) the experimental certificate must be in force;
(b) if the experimental certificate is granted subject to a condition or requirement—the condition or requirement must be complied with;
(c) the flight must not be an air transport operation or a balloon transport operation;
(d) the flight must be either:
(i) for a purpose mentioned in regulation 21.191 for which the experimental certificate for the aircraft was issued; or
(ii) an operation of a kind mentioned in regulation 91.880;
(e) either:
(i) the flight must take place by day and under the VFR; or
(ii) the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph;
(f) if the flight is over a populous area—the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;
(g) if the flight is over a public gathering—the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;
(h) if the aircraft’s experimental certificate is subject to a condition limiting the area within which the aircraft may be flown—the flight must take place within that area;
(i) if the aircraft is carrying a passenger:
(i) the total number of persons on board the aircraft for the flight must not be more that the number of persons allowed under regulation 91.885; and
(ii) each passenger must be notified before boarding the aircraft that the design, manufacture and airworthiness of the aircraft are not required to meet any standards recognised by CASA; and
(iii) a placard that complies with the requirements prescribed by the Part 91 Manual of Standards must be displayed inside the aircraft;
(j) if the aircraft is carrying a person who is not a crew member whose presence is essential to the operation of the aircraft—it has been shown that the aircraft:
(i) is controllable throughout its normal range of speeds and throughout all the manoeuvres to be executed; and
(ii) has no hazardous operating characteristics or design features.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
For the purposes of subparagraph 91.875(2)(d)(ii), the kinds of operation are as follows:
(a) taking the aircraft to a place where maintenance on the aircraft is to be done;
(b) taking the aircraft from a place where maintenance on the aircraft has been done;
(c) testing the aircraft after maintenance;
(d) flying training (other than for the issue of a pilot licence);
(e) practice in flying the aircraft;
(f) carrying out a demonstration or test of the aircraft for sale;
(g) delivering the aircraft to a person under a contract of sale;
(h) for an amateur‑built aircraft or a kit‑built aircraft—flying training given to the aircraft’s owner.
For the purposes of subparagraph 91.875(2)(i)(i), the number of persons allowed on board the aircraft is:
(a) if the holder of the experimental certificate for the aircraft holds an approval under regulation 91.045—the number specified in the approval; or
(b) if paragraph (a) does not apply and the aircraft is a Part 103 aircraft—2; or
(c) in any other case—the lesser of the following:
(i) the number of persons the aircraft was designed to carry;
(ii) 6.
(1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) the aircraft is a primary category aircraft or an intermediate category aircraft; and
(b) the aircraft begins the flight; and
(c) a requirement mentioned in subregulation (2) is not met for the flight.
(2) The requirements are as follows:
(a) if the aircraft is an intermediate category aircraft—a special certificate of airworthiness in the intermediate category must be in force for the aircraft;
(b) if the aircraft is a primary category aircraft—a special certificate of airworthiness in the primary category must be in force for the aircraft;
(c) the flight must not be an air transport operation.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The operator of an aircraft for a flight contravenes this subregulation if:
(a) a special certificate of airworthiness for light sport aircraft has been issued for the aircraft; and
(b) the certificate of airworthiness is not in force for the flight.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) a special certificate of airworthiness for light sport aircraft has been issued for the aircraft; and
(b) the aircraft begins the flight; and
(c) a requirement mentioned in subregulation (2) is not met for the flight.
(2) The requirements are as follows:
(a) the certificate of airworthiness must be in force;
(b) the aircraft is operated for the flight:
(i) under Part 91 or Part 103; or
(ii) for flying training;
(c) a placard that complies with the requirements prescribed by the Part 91 Manual of Standards must be displayed inside the aircraft;
(d) each person who boards the aircraft must be notified of the contents of the placard mentioned in paragraph (c);
(e) the aircraft operating instructions issued for the aircraft (including instructions for necessary equipment in the aircraft manufacturer’s equipment list for the aircraft) must be complied with;
(f) any safety direction or requirement issued by the aircraft’s manufacturer must be complied with.
(3) Paragraph (2)(e) or (f) does not apply if the operation of the aircraft in contravention of the instruction, direction or requirement has been approved by the aircraft’s manufacturer.
(4) For subregulations (2) and (3), if the manufacturer of the aircraft:
(a) no longer exists; or
(b) can no longer provide instructions for the continuing airworthiness of the aircraft;
references to the
manufacturer of the aircraft include references to a person appointed by CASA to perform the functions of the manufacturer in relation to the continuing airworthiness of the aircraft.
(5) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the
Criminal Code .
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) a special flight permit is in force for the aircraft; and
(b) the aircraft begins the flight; and
(c) the flight is not authorised by the permit.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) a special flight permit is in force for the aircraft; and
(b) the aircraft begins the flight; and
(c) a condition imposed on the special flight permit is not complied with.
(3) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) a special flight permit is in force for the aircraft; and
(b) the aircraft begins the flight; and
(c) if the only person on the aircraft during the flight is the pilot in command—a copy of the flight permit is not carried on the aircraft; and
(d) if a person in addition to the pilot in command is carried on the aircraft during the flight—a requirement mentioned in subregulation (4) is not met.
(4) The requirements are:
(a) a copy of the special flight permit must be displayed in the aircraft in a place where the person will see the permit; and
(b) before boarding the aircraft, the operator or the pilot in command must tell the person:
(i) that the aircraft is operated under a special flight permit; and
(ii) the reasons for the issue of the permit; and
(iii) what the permit authorises.
(5) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).
Penalty: 50 penalty units.
This Division applies to the operation of an aircraft for which a special certificate of airworthiness is in force.
(1) This regulation does not apply to an aircraft for which a special flight permit is in force.
(2) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) the aircraft begins the flight; and
(b) a maintenance release or a certificate of release to service is not in force for the aircraft.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
(1) The pilot in command of an aircraft contravenes this subregulation if:
(a) the pilot flight tests the aircraft; and
(b) the flight test is not conducted over:
(i) open water; or
(ii) a sparsely populated area; or
(iii) an unpopulated area; or
(iv) for an amateur‑built aircraft—over an area for which the holder of the certificate of airworthiness holds an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph.
(2) The pilot in command of an aircraft contravenes this subregulation if:
(a) the pilot flight tests the aircraft; and
(b) the flight test is not conducted:
(i) in an area where, in the event of a loss of control of the aircraft, there would be minimal risk to other air traffic; or
(ii) for an amateur‑built aircraft—in an area for which the holder of the certificate of airworthiness holds an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
In these Regulations:
master minimum equipment list orMMEL , for a type of aircraft, means the document:
(a) that includes a list of items in the aircraft that may (subject to any conditions or limitations specified in the document) be inoperative for a flight of the aircraft; and
(b) prepared by the holder of the type certificate for the aircraft; and
(c) approved by the national aviation authority that issued the type certificate for the aircraft.
minimum equipment list orMEL , for an aircraft, means a document:
(a) that includes a list of items in the aircraft that may (subject to any conditions or limitations specified in the document) be inoperative for a flight of the aircraft; and
(b) prepared by the operator of the aircraft; and
(c) approved under regulation 91.935; and
(d) that complies with the requirements mentioned in regulation 91.930;
and includes any variation to the document approved under regulation 91.940.
rectification interval , for an item in an MEL that may become inoperative, means the period within which the item must be rectified after the discovery that the item is inoperative.
(1) The Part 91 Manual of Standards may prescribe requirements relating to MELs for aircraft.
(2) Without limiting subregulation (1), the Part 91 Manual of Standards may prescribe requirements relating to the following:
(a) the contents of MELs;
(b) the calculation and specification of rectification intervals for items in an MEL;
(c) conditions and limitations that may or must be included in an MEL.
(1) The operator of an aircraft may apply, in writing, for the approval of an MEL for the aircraft.
(2) The application may be made to:
(a) CASA; or
(b) a continuing airworthiness management organisation that is permitted, in accordance with Part 42, to approve the MEL; or
(c) if the aircraft is not operated for either Part 121 operations or operations to which Part 133 or 135 applies—an authorised person.
(3) The application must include the proposed MEL.
(4) If an application for the approval of an MEL is made under subregulation (1), CASA, the continuing airworthiness management organisation or the authorised person (as the case may be) may approve the MEL if satisfied that the MEL:
(a) complies with the requirements mentioned in regulation 91.930; and
(b) will enable the operator to operate the aircraft safely.
Note: Not all aircraft are required to have an MEL. Other provisions of these Regulations require certain aircraft to have an MEL. This regulation sets out how an MEL for an aircraft must be approved.
(1) The operator of an aircraft may apply, in writing, for an approval of a variation of an MEL for the aircraft.
(2) The application may be made to:
(a) CASA; or
(b) a continuing airworthiness management organisation that is permitted, in accordance with Part 42, to approve a variation of the MEL; or
(c) if the aircraft is not operated for either Part 121 operations or operations to which Part 133 or 135 applies—an authorised person.
(3) The application must include the proposed variation of the MEL.
(4) If an application for the approval of a variation of an MEL is made under subregulation (1), CASA, the continuing airworthiness management organisation or the authorised person (as the case may be) may approve the variation if satisfied that the MEL as proposed to be varied:
(a) complies with the requirements mentioned in regulation 91.930; and
(b) will enable the operator to operate the aircraft safely.
Approval of extension on application
(1) The operator of an aircraft may apply, in writing, for the approval of an extension of the rectification interval for an item specified in an MEL for the aircraft.
(2) An application under subregulation (1) may be made to:
(a) if the operator is not a continuing airworthiness management organisation, and there is a continuing airworthiness management organisation for the aircraft that is permitted, in accordance with Part 42, to approve the extension—the continuing airworthiness management organisation; or
(b) in any case—CASA.
(3) If an application for the approval of an extension of a rectification interval is made under subregulation (1), CASA or the continuing airworthiness management organisation (as the case may be) may, subject to subregulation (5), approve the extension.
Approval of extension without application—continuing airworthiness management organisation is the operator
(4) A continuing airworthiness management organisation for an aircraft may, subject to subregulation (5), approve an extension of the rectification interval for an item specified in an MEL for the aircraft, if:
(a) the continuing airworthiness management organisation is the operator of the aircraft; and
(b) the continuing airworthiness management organisation is permitted, in accordance with Part 42, to approve the extension.
Requirements for approval of extension
(5) An extension of the rectification interval (the
original rectification interval ) for an item specified in an MEL for an aircraft must not be approved under subregulation (3) or (4) unless:
(a) the item is inoperative; and
(b) the original rectification interval is a rectification interval of a kind prescribed by the Part 91 Manual of Standards for the purposes of this paragraph; and
(c) the operator is unable to rectify the item before the end of the original rectification interval because of circumstances beyond the operator’s control; and
(d) the original rectification interval has not previously been extended in accordance with this regulation during the same continuous period throughout which the item has been inoperative; and
(e) the MMEL for the aircraft type does not prohibit an extension of the rectification interval for the item; and
(f) if a provision of these Regulations (other than this Subpart) permits the aircraft to operate with the item inoperative for a maximum period—the extended rectification interval for the item will not exceed that period; and
(g) the extended rectification interval will not exceed the period prescribed by the Part 91 Manual of Standards for the purposes of this paragraph.
Matters to be set out in approval
(6) An approval of an extension under subregulation (3) or (4) must:
(a) be in writing; and
(b) set out the following:
(i) details of the inoperative item;
(ii) a statement to the effect that the operation of the aircraft with the inoperative item is permitted in accordance with this regulation;
(iii) the day on which the extended rectification interval starts (being a day not earlier than the day the notice is given);
(iv) the day on which the extended rectification interval ends; and
(c) for an approval by a continuing airworthiness management organisation—also include the following:
(i) the name and approval certificate reference number of the continuing airworthiness management organisation;
(ii) the name and signature of the individual who approved the extension on behalf of the continuing airworthiness management organisation.
(1) If an extension of the rectification interval for an item specified in an MEL for an aircraft is approved under subregulation 91.945(3) or (4), the operation of the aircraft with the inoperative item during the extended rectification interval is taken, for the purposes of these Regulations, to be permitted by the MEL.
(2) If Part 42 does not apply to the aircraft, subregulation (1) applies to the operation of the aircraft only if a copy of the approval of the extension is kept with the maintenance release for the aircraft throughout the period of the extension.
(1) This regulation applies if an extension of the rectification interval for an item specified in an MEL for an aircraft is approved under subregulation 91.945(3) or (4) by a continuing airworthiness management organisation.
(2) The operator of the aircraft must notify CASA, in writing, of the following within 10 days of the start of the extended rectification interval:
(a) the aircraft’s registration mark;
(b) details of the inoperative item;
(c) the original rectification interval (as referred to in subregulation 91.945(5)) for the item;
(d) the extended rectification interval;
(e) the day the extended rectification interval took effect;
(f) the reason why the item could not be rectified before the end of the original rectification interval.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 20 penalty units.
(1) This regulation applies if:
(a) an aircraft begins a flight with more than one inoperative item, in accordance with an MEL for the aircraft; and
(b) the number and kinds of inoperative items for the flight, or the relationship between the items:
(i) reduces the level of safety of the operation of the aircraft; or
(ii) increases the flight crew’s workload;
to the extent that it is unsafe for the flight to be conducted.
(2) For the purposes of these Regulations, the operation of the aircraft for the flight with the inoperative items is not permitted by the MEL for the aircraft.
(1) The operator and the pilot in command of a foreign registered aircraft each contravene this subregulation if:
(a) the aircraft is flown in Australian territory; and
(b) the aircraft does not comply with a requirement of the Chicago Convention relating to:
(i) the nationality mark and registration mark of the aircraft; or
(ii) the aircraft’s certificate of airworthiness; or
(iii) the number and description of, and the holding of, licences and ratings by the crew members of the aircraft; or
(iv) the documents to be carried by the aircraft; or
(v) the flight and manoeuvre of the aircraft; or
(vi) radio equipment carried by, or fitted to, the aircraft.
(2) Subparagraph (1)(b)(ii) does not apply if a special flight authorisation has been granted and is in force.
Note: The requirements of the Chicago Convention about certificates of airworthiness relate to aircraft with a standard certificate of airworthiness. Foreign aircraft with the equivalent of a special certificate of airworthiness or a special flight permit require a special flight authorisation to be flown in Australian territory: see regulation 91.970.
(3) Subparagraphs (1)(b)(iv), (v) and (vi) do not apply in relation to a requirement of the Chicago Convention to the extent that the requirement is inconsistent with a requirement under another provision of this Part.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note 1: A defendant bears an evidential burden in relation to the matters in subregulation (2) or (3): see subsection 13.3(3) of the
Criminal Code .Note 2: See also sections 25, 26 and 27A of the Act for conditions that may be imposed by CASA on the operation of foreign registered aircraft in Australian territory.
(1) A person may apply to CASA for a special flight authorisation in respect of a foreign registered aircraft to fly the aircraft in Australian territory without the certificate of airworthiness required by subparagraph 91.965(1)(b)(ii).
(2) Subject to regulation 11.055, CASA must grant the authorisation.
(3) The pilot in command of a foreign registered aircraft contravenes this subregulation if:
(a) the aircraft is flown in Australian territory; and
(b) a special flight authorisation is in force in respect of the aircraft; and
(c) the pilot in command fails to comply with a condition of the special flight authorisation for the flight.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 50 penalty units.
(1) The operator and the pilot in command of a state aircraft of a foreign country for a flight each contravene this subregulation if:
(a) the aircraft is flown in Australian territory; and
(b) the operator does not hold an approval under regulation 91.045 for the flight.
(2) The pilot in command of a state aircraft of a foreign country for a flight contravenes this subregulation if:
(a) the aircraft is flown in Australian territory; and
(b) the pilot in command fails to comply with a condition of the approval held by the operator under regulation 91.045 for the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
(1) If CASA is satisfied that a foreign registered aircraft in Australian territory has a major defect, CASA may issue a written direction to a person imposing conditions on the operation of the aircraft that:
(a) for an aircraft registered in a Contracting State—are requested by the national aviation authority of the State; or
(b) CASA is satisfied are necessary for the safety of air navigation.
(2) A person contravenes this subregulation if the person contravenes a direction issued under subregulation (1).
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
If CASA issues a direction under regulation 91.980 in relation to an aircraft that is registered in a Contracting State, CASA must give the national aviation authority of the State:
(a) notice in writing of the action taken by CASA, together with a copy of the direction; and
(b) a report, in writing, of the defect.
Revocation following notification by Contracting State
(1) CASA may revoke, in writing, a direction issued under regulation 91.980 in relation to an aircraft registered in a Contracting State, if the national aviation authority of the State tells CASA, in writing, that it:
(a) has revoked any suspension of the certificate of airworthiness of the aircraft that the authority had imposed; or
(b) considers that the defect giving rise to the direction is not of such a nature as to prevent the aircraft from fulfilling the minimum safety requirements adopted by the Contracting State under the Chicago Convention; or
(c) considers that, in the circumstances of the case, the aircraft should be permitted to fly, with no persons on the aircraft other than crew members, to a place where the defect can be repaired.
(2) However, CASA must not revoke the direction if it is satisfied that doing so would adversely affect the safety of air navigation.
Revocation if CASA satisfied direction no longer necessary
(3) CASA may revoke, in writing, a direction issued under regulation 91.980 if CASA is satisfied that the direction is no longer necessary for the safety of air navigation.
(1) A direction issued under regulation 91.980 does not have effect in relation to a person until it has been served:
(a) on the person; or
(b) by affixing the direction to the aircraft to which it relates.
(2) Revocation of a direction under regulation 91.990 has effect when:
(a) it is served on the person on whom the direction was served; or
(b) if the direction was affixed to the aircraft to which the direction relates—CASA affixes the revocation to the aircraft.
Note: For service of documents on a person, see section 28A of the
Acts Interpretation Act 1901 .
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
The abbreviation key sets out abbreviations that may be used in the endnotes.
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.
The
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.
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 abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
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 = | Sch = Schedule(s) |
LIA = | 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 | |
No. = Number(s) | commenced or to be commenced |
Civil Aviation Safety Amendment (Part 91) Regulations 2018 | 18 Dec 2018 (F2018L01783) | ||
Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019 | 16 Dec 2019 (F2019L01621) | Sch 4 (items 4–59): 17 Dec 2019 (s 2(1) item 3) | — |
Civil Aviation Legislation Amendment (Flight Operations—Miscellaneous Amendments) Regulations 2020 | 6 Oct 2020 (F2020L01283) | Sch 1 (items 46–93) and Sch 3 (item 4): 7 Oct 2020 (s 2(1) items 2, 4) | — |
s 2............................................. | am F2020L01283 |
item 1........................................ | am F2019L01621 |
ed C1 | |
am F2020L01283 |
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