Responsibility of pilot in command before flight

The pilot in command of an aircraft must not commence a flight if he or she has not received evidence, and taken such action as is necessary to ensure, that:

the instruments and equipment required for the particular type of operation to be undertaken are installed in the aircraft and are functioning properly;

the gross weight of the aircraft does not exceed the limitations fixed by or under regulation 235 and is such that flight performance in accordance with the standards specified by CASA for the type of operation to be undertaken is possible under the prevailing conditions; and

any directions of CASA with respect to the loading of the aircraft given under regulation 235 have been complied with;

the fuel supplies are sufficient for the particular flight;

the required operating and other crew members are on board and in a fit state to perform their duties;

the air traffic control instructions have been complied with;

the aircraft is safe for flight in all respects; and

the latest editions of the aeronautical maps, charts and other aeronautical information and instructions, published in AIP or by a person approved in writing, that are applicable:

to the route to be flown; and
to any alternative route that may be flown on that flight;
are carried in the aircraft and are readily accessible to the flight crew.

Penalty:   50 penalty units.

An approval under paragraph (1) (h) may be given subject to such conditions as are specified in the instrument of approval.

(2) The pilot in command of an aircraft engaged in international air navigation must not commence a flight if the pilot has not completed an approved flight preparation form certifying that the pilot is satisfied of the matters specified in subregulation (1).

Penalty:   5 penalty units.

An operator must keep a completed flight preparation form for a period of 6 months.

Penalty:   5 penalty units.

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

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