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" ... an Act to establish a Civil Aviation Safety Authority with functions relating to civil aviation, in particular the safety of civil aviation, and for related purposes. The main object of this Act is to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents." View the full Act.
Part III Regulation of civil aviation
Division 1 General regulatory provisions
Flying an unregistered aircraft
(1) A person must not fly an aircraft within Australian territory if:
(a) the aircraft is not registered under the regulations; and
(b) the aircraft is, under this Act or those regulations, required to be registered under those regulations.
Penalty: Imprisonment for 2 years.
Flying without satisfying safety requirements
(4) An owner, operator, hirer or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply:
(a) there is outstanding a requirement imposed by or under the regulations in relation to the maintenance of the aircraft;
(b) the aircraft will require maintenance before the flight can end;
(c) there is a defect or damage that may endanger the safety of the aircraft or any person or property;
(d) the aircraft is unsafe for flight.
Penalty: Imprisonment for 2 years.
Flying aircraft without licence etc.
(1) A person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless:
(a) the person holds a civil aviation authorisation that is in force and authorises the person to perform that duty; or
(b) the person is authorised by or under the regulations to perform that duty without the civil aviation authorisation concerned.
Penalty: Imprisonment for 2 years.
Reckless operation of aircraft
(1) A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the life of another person.
(2) A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the person or property of another person.
[For penalty see Section 29.]
Offences in relation to aircraft
(3) The owner, operator, hirer or pilot of an aircraft commits an offence if he or she:
(a) operates the aircraft or permits the aircraft to be operated; and
(b) the operation of the aircraft results in a contravention of subsection 20A (2). [ i.e. A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the person or property of another person.]
Penalty: Imprisonment for 5 years.
Serious and imminent risk prohibition
The holder of a civil aviation authorisation must not engage in conduct that constitutes, contributes to or results in a serious and imminent risk to air safety.
The recreational and sport aviation 95 series exemption CAOs currently provide exemptions from some of the following CARs. The 'exemption' provision does not mean that recreational and sport pilots can ignore that regulation, it just signifies that there are particular provisions in the CAOs or in the RAAOs procedures manuals that make a particular CAR redundant. Failure to comply with the rules/requirements of the manuals renders the exemptions null and void thus the exempted regulations and associated penalties become immediately applicable.
Those CARs that are currently exempt are marked with an asterisk following the CAR number.
Note that the exemptions are usually replaced by requirements within the 95-series CAOs or the RA-Aus Operations/Technical Manuals. For example the exemption from CAR 157 'Low flying' is offset by CAO 95.55 sections 7.1 (b) (h) (i), 8.1 and 8.2 plus RA-Aus operations manual section 2.01 para 10.
CAR 1988 Part 5* Qualifications of flight crew
Note: all of Part 5 is exempted by the 95 series CAOs that apply to RA-Aus aircraft. Part 5 includes CARs 5.81 (flight reviews), 5.82 (recent experience requirements) and 5.53 (pilot log books). CAR 5.84 is included here as an example of the Part 5 legislation.
Private pilot (aeroplane) licence: aeronautical experience required
(1) For the purposes of paragraph 5.77 (1) (f), a person's aeronautical experience must consist of at least 40 hours of flight time as a pilot, being flight time that includes:
(a) at least 5 hours of general flight time as pilot in command; and
(b) at least 5 hours of cross-country flight time as pilot in command; and
(c) at least 2 hours of instrument flight time.
(2) The 40 hours must be recognised flight time that was flown in a registered aeroplane, recognised aeroplane, helicopter, gyroplane, glider, power-assisted sailplane or group A [ i.e. 3-axis ... JB ] ultralight.
(3) For the purposes of paragraph (1) (b), the flight time must include 1 flight of at least 150 miles, that includes at least 1 full stop landing at, and at least 1 take-off from, each of 2 or more aerodromes:
(a) that are not the aerodrome from which the flight commenced; and
(b) that are not within the student pilot area limit of the aerodrome from which the flight commenced.
(4) For the purposes of subregulation (3), a landing is a full stop landing if, after landing, the aeroplane's speed is reduced to taxi speed before take-off begins.
CAR 1988 Part 7 Navigation logs
Navigation logs
(1) The pilot in command of an aircraft shall keep a log of such navigational data as is required to enable him or her to determine the geographical position of the aircraft at any time while the aircraft is in flight.
Penalty: 10 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
(2) The log shall be kept in chronological order and, in the case of an Australian aircraft engaged on an international flight, shall include the following information:
(a) points of departure and destination;
(b) required track;
(c) wind velocity used for calculations;
(d) headings flown;
(e) true airspeed;
(f) position lines, fixes and pinpoints obtained;
(g) times of alteration of headings;
(h) estimated times of arrival at turning points and destination; and
(i) such other information relevant to the navigation of the aircraft as CASA directs.
CAR 1988 Part 9 Aerodromes
Use of aerodromes by aircraft of Contracting States
(1) Aerodromes established under the Air Navigation Regulations or licensed under this Part and open to public use shall be open to any aircraft which possesses the nationality of a Contracting State.
(2) Subject to these regulations, an aircraft which possesses the nationality of a Contracting State shall be entitled to use the aerodromes and all air navigation facilities, including radio and meteorological services, which are provided for public use for the safety and expedition of air navigation.
(Note: RA-Aus registered aircraft were formally accorded Australian nationality in 2004 under the terms of the Chicago Convention on international civil aviation. Previously RA-Aus aircraft were more or less legally 'stateless'.)
Use of aerodromes
(1) A person must not land an aircraft on, or engage in conduct that causes an aircraft to take off from, a place that does not satisfy one or more of the following requirements:
(a) the place is an aerodrome established under the Air Navigation Regulations;
(b) the use of the place as an aerodrome is authorised by a certificate granted, or registration, under Part 139 of CASR;
(c) the place is an aerodrome for which an arrangement under section 20 of the Act is in force and the use of the aerodrome by aircraft engaged in civil air navigation is authorised by CASA under that section;
(d) the place (not being a place referred to in paragraph (a), (b) or (c)) is suitable for use as an aerodrome for the purposes of the landing and taking-off of aircraft;
and, having regard to all the circumstances of the proposed landing or take-off (including the prevailing weather conditions), the aircraft can land at, or take-off from, the place in safety.
Penalty: 25 penalty units.
(2) CASA may, in relation to an aerodrome, issue directions relating to the safety of air navigation.
(3) A person must not contravene a direction.
Penalty: 25 penalty units.
(4) An offence against subregulation (1) or (3) is an offence of strict liability.
CAR 1988 Part 10 Air Traffic Services and other services
Weather reports not to be used if not made with authority
(1) The operator or pilot in command of an aircraft must not use weather reports of actual or forecasted meteorological conditions in the planning, conduct and control of a flight if the meteorological observations, forecasts or reports were not made with the authority of:
(a) the Director of Meteorology; or
(b) a person approved for the purpose by CASA.
Penalty: 5 penalty units.
CAR 1988 Part 11 Conditions of flight
Conditions to be met before Australian aircraft may fly
(1) Subject to regulation 317 and regulation 21.197 of CASR, the pilot in command of an Australian aircraft must not commence a flight if each of the following requirements is not satisfied:
(a) the aircraft has a nationality mark and a registration mark painted on, or affixed to, it in accordance with Part 45 of CASR;
(c) the flight is not in contravention of any condition that:
(i) is set out or referred to in the maintenance release or in any other document approved for use as an alternative to the maintenance release for the purposes of regulation 49, or subregulation 43 (10); or
(ii) is applicable to the maintenance release by virtue of a direction given under regulation 44;
(d) any maintenance that is required to be carried out before the commencement of the flight, or that will be required to be carried out before the expiration of the flight, to comply with any requirement or condition imposed under these regulations with respect to the aircraft has been certified, in accordance with regulation 42ZE or 42ZN, to have been completed;
(e) the aircraft complies with these regulations in respect of the number and description of, and the holding of licences and ratings by, the operating crew.
Penalty: 50 penalty units.
Prohibited, restricted and danger areas
(4) The pilot in command of an aircraft must not fly the aircraft over a prohibited area.
Penalty: 25 penalty units.
(5) The pilot in command of an aircraft must not fly the aircraft over a restricted area if the flight is not in accordance with conditions specified in the notice declaring the area to be a restricted area.
Penalty: 25 penalty units.
(6) If the pilot in command of an aircraft finds that the aircraft is over a prohibited area or a restricted area in contravention of subregulation (4) or (5), the pilot must:
(a) immediately have the aircraft flown to a position where it is not over the area; and
(b) when the aircraft reaches a position where it is not over the area, report the circumstances to air traffic control; and
(c) land at such aerodrome as is designated by air traffic control and, for that purpose, obey any instructions given by air traffic control as to the movement of the aircraft.
Penalty: 25 penalty units.
(7) An offence against subregulation (4), (5) or (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Emergency authority
In conforming with the rules contained in the provisions of Division 2 of this Part and in the provisions of Parts 12 and 13, the pilot in command of an aircraft shall pay due regard to all dangers of navigation and collision and to any special circumstances which may render a departure from those rules necessary in order to avoid immediate danger.
Dropping of articles
(1) Subject to this regulation, the pilot in command of an aircraft in flight shall not permit anything to be dropped from the aircraft.
Penalty: 25 penalty units.
General Conditions
(1) A jump aircraft when dropping parachutists must be operated in accordance with the APF Jump Pilot's Handbook.
(2) A pilot in command of a jump aircraft must hold an APF Jump Pilot's authorisation.
(3) A jump aircraft that is not a Class A aircraft must be maintained as if it were a Class B charter aircraft not in the private category and must have a current maintenance release issued in at least the charter category.
(4) Any alteration of the APF Jump Pilot's Handbook must be notified to CASA for acceptance.
Acrobatic flight
(1) A pilot in command of an aircraft must not do any of the following:
(a) fly the aircraft in acrobatic flight at night;
(b) fly the aircraft in acrobatic flight that is not in V.M.C.;
(c) fly the aircraft in a particular kind of acrobatic flight if the certificate of airworthiness, or the flight manual, for the aircraft does not specify that the aircraft may perform that kind of acrobatic flight.
Penalty: 25 penalty units.
(2) For the purposes of subregulation (1), straight and steady stalls or turns in which the angle of bank does not exceed 60 degrees shall be deemed not to be acrobatic flight.
Low flying
(1) The pilot in command of an aircraft must not fly the aircraft over:
(a) any city, town or populous area at a height lower than 1,000 feet; or
(b) any other area at a height lower than 500 feet.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) A height specified in subregulation (1) is the height above the highest point of the terrain, and any object on it, within a radius of:
(a) in the case of an aircraft other than a helicopter - 600 metres; or
(b) in the case of a helicopter - 300 metres;
from a point on the terrain vertically below the aircraft.
(3A) Paragraph (1) (a) does not apply in respect of a helicopter flying at a designated altitude within an access lane details of which have been published in the AIP or NOTAMS for use by helicopters arriving at or departing from a specified place.
(4) Subregulation (1) does not apply if:
(a) through stress of weather or any other unavoidable cause it is essential that a lower height be maintained; or
(b) the aircraft is engaged in private operations or aerial work operations, being operations that require low flying, and the owner or operator of the aircraft has received from CASA either a general permit for all flights or a specific permit for the particular flight to be made at a lower height while engaged in such operations; or
(c) the pilot of the aircraft is engaged in flying training and flies over a part of a flying training area in respect of which low flying is authorised by CASA under subregulation 141 (1); or
(d) the pilot of the aircraft is engaged in a baulked approach procedure, or the practice of such procedure under the supervision of a flight instructor or a check pilot; or
(e) the aircraft is flying in the course of actually taking-off or landing at an aerodrome; or
(f) the pilot of the aircraft is engaged in:
(i) a search; or
(ii) a rescue; or
(iii) dropping supplies;
in a search and rescue operation; or
(g) the aircraft is a helicopter:
(i) operated by, or for the purposes of, the Australian Federal Police or the police force of a State or Territory; and
(ii) engaged in law enforcement operations; or
(h) the pilot of the aircraft is engaged in an operation which requires the dropping of packages or other articles or substances in accordance with directions issued by CASA.
CAR 1988 Part 12 Rules of the air
Operating near other aircraft
(1) The pilot in command of an aircraft must not fly the aircraft so close to another aircraft as to create a collision hazard.
Penalty: 50 penalty units.
(2) The pilot in command of an aircraft must not operate the aircraft on the ground in such a manner as to create a hazard to itself or to another aircraft.
Penalty: 50 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict liability.
Responsibility of flight crew to see and avoid aircraft
When weather conditions permit, the flight crew of an aircraft must, regardless of whether an operation is conducted under the Instrument Flight Rules or the Visual Flight Rules, maintain vigilance so as to see, and avoid, other aircraft.
Definitions for Subdivision 2
(1) In this Subdivision:
in the vicinity of, in relation to a non-controlled aerodrome, has
the meaning given by subregulation (2). radiotelephone qualification includes a certificate, relating to
the operation of radiotelephone equipment, issued by any of the
following organisations in accordance with the organisation's
operations manual:
(a) Australian Ballooning Federation Incorporated;
(b) Australian Sport Rotorcraft Association Incorporated;
(c) The Gliding Federation of Australia Incorporated;
(d) Hang Gliding Federation of Australia Incorporated;
(e) Recreational Aviation Australia Incorporated.
(2) An aircraft is in the vicinity of a non-controlled aerodrome if it
is within:
(a) airspace other than controlled airspace; and
(b) 10 miles from the aerodrome; and
(c) a height above the aerodrome that could result in conflict
with operations at the aerodrome.
(3) For paragraphs (2) (b) and (c), if an aerodrome reference point
for the aerodrome is published in the AIP, the distance or
height must be measured from that point.
General requirements for aircraft on the manoeuvring
area or in the vicinity of a non-controlled aerodrome
(1) The pilot in command of an aircraft commits an offence if:
(a) the aircraft is being operated on the manoeuvring area of,
or in the vicinity of, a non-controlled aerodrome; and
(b) the pilot engages in conduct; and
(c) the conduct results in the contravention of a rule set out in
subregulation (2).
Penalty: 25 penalty units.
(2) The rules are the following:
(a) the pilot must maintain a lookout for other aircraft that are
being operated on the manoeuvring area of, or in the
vicinity of, the aerodrome to avoid collision;
(b) the pilot must ensure that the aircraft does not cause a
danger to other aircraft that are being operated on the
manoeuvring area of, or in the vicinity of, the aerodrome;
(c) if the pilot is flying in the vicinity of the aerodrome, the
pilot must:
(i) join the circuit pattern for the aerodrome; or
(ii) avoid the circuit pattern for the aerodrome;
(d) if the pilot joins the circuit pattern for the aerodrome for a
landing at the aerodrome, the pilot must, after joining the circuit pattern, make all turns in accordance with subregulation (3);
(e) if the pilot takes off from the aerodrome, the pilot must,
after taking off, make all turns in accordance with
subregulation (3) while the aircraft is flying in the circuit pattern for the aerodrome;
(f) subject to subregulation (4), if the pilot takes off from the
aerodrome, the pilot must maintain the same track from
the take-off until the aircraft is 500 feet above the terrain;
(g) the pilot must not:
(i) take off from a part of the aerodrome that is outside the landing area of the aerodrome; or
(ii) land the aircraft on a part of the aerodrome that is outside the landing area of the aerodrome;
(h) if the pilot takes off from, or lands at, the aerodrome, the
pilot must take off or land into the wind if, at the time of the take-off or landing:
(i) the pilot is not permitted under subregulation (5) to take off or land downwind; and
(ii) it is practicable to take off or land into the wind.
(3) For paragraphs (2) (d) and (e), the turns must be made:
(a) if CASA has, under subregulation 92 (2), directed that all
turns at the aerodrome be made in a particular direction —
in accordance with CASA's directions; or
(b) if paragraph (a) does not apply and visual signals are
displayed at the aerodrome indicating a direction to make all turns — in accordance with the visual signals; or
(c) in any other case — to the pilot's left.
Note. Directions under subregulation 92 (2) are published in the AIP.
(4) The rule in paragraph (2) (f) does not apply if a change to the
track is necessary to avoid the terrain.
(5) For subparagraph (2) (h) (i), the pilot in command of an aircraft
may take off or land downwind at a non-controlled aerodrome if:
(a) the aircraft's flight manual allows the aircraft to take off or
land downwind; and
(b) after considering any other aircraft that are being operated
on the manoeuvring area of, or in the vicinity of, the aerodrome, the pilot believes that it is safe to do so.
(6) An offence against subregulation (1) in relation to any of
paragraphs (2) (a) to (g) is an offence of strict liability.
Note. The pilot in command of an aircraft must comply with the flight
manual, or other equivalent document for the aircraft, as required by
regulation 138.
Carrying out a straight-in approach
(1) The pilot in command of an aircraft commits an offence if:
(a) the pilot carries out a straight-in approach to land at a
non-controlled aerodrome; and
(b) the pilot engages in conduct; and
(c) the conduct results in the contravention of a rule set out in
subregulation (2).
Penalty: 25 penalty units.
(2) The rules are the following:
(a) before starting the approach, the pilot must determine:
(i) the wind direction at the aerodrome; and
(ii) the runways in use at the aerodrome;
(b) the pilot must give way to any other aircraft flying in the
circuit pattern for the aerodrome;
(c) subject to subregulation (3), the pilot must carry out all
manoeuvring, to establish the aircraft on final approach, at least 3 miles from the threshold of the runway that the pilot intends to use for landing.
(3) The rule in paragraph (2) (c) does not apply to the pilot if he or
she is carrying out the approach:
(a) using an instrument approach procedure; and
(b) in IMC.
(4) An offence against subregulation (1) in relation to paragraph
(2) (a) or (b) is an offence of strict liability.
Responsibility for broadcasting on VHF radio
(1) If:
(a) an aircraft is operating on the manoeuvring area of, or in
the vicinity of, a non-controlled aerodrome; and
(b) the aircraft is carrying a serviceable aircraft VHF radio;
and
(c) the pilot in command of the aircraft holds a radiotelephone
qualification; the pilot is responsible for making a broadcast on the VHF frequency in use for the aerodrome in accordance with subregulation (2).
(2) The pilot must make a broadcast that includes the following information whenever it is reasonably necessary to do so to avoid a collision, or the risk of a collision, with another
aircraft:
(a) the name of the aerodrome;
(b) the aircraft's type and call sign;
(c) the position of the aircraft and the pilot's intentions.
Note 1. See the AIP for the recommended format for broadcasting the
information mentioned in this regulation.
Note 2. For the requirement to maintain a listening watch, see
regulation 243.
Designation of non-controlled aerodromes
(1) For paragraph 98 (5A) (a) of the Act, CASA may issue a
legislative instrument that states that a specified non-controlled
aerodrome is a designated non-controlled aerodrome.
(2) CASA must ensure that details of the designation of an
aerodrome under subregulation (1) are published in AIP or
NOTAMS.
Requirements for operating on or in the vicinity of
certified, military, registered or designated noncontrolled
aerodromes
(1) The pilot in command of an aircraft commits an offence if:
(a) he or she operates the aircraft on the manoeuvring area of,
or in the vicinity of, a non-controlled aerodrome that is:
(i) a certified aerodrome; or
(ii) a military aerodrome; or
(iii) a registered aerodrome; or
(iv) specified as a designated non-controlled aerodrome in a legislative instrument issued by CASA under regulation 166D; and
(b) he or she is not permitted to do so by subregulation (2), (3)
or (4).
Penalty: 25 penalty units.
Note 1. For the definitions of certified aerodrome and registered
aerodrome, see the CASR Dictionary.
Note 2. For the definition of military aerodrome, see subregulation 2 (1).
Aircraft with serviceable radio and pilot with radiotelephone qualification
(2) The pilot in command of an aircraft may operate the aircraft on
the manoeuvring area of, or in the vicinity of, a non-controlled
aerodrome mentioned in paragraph (1) (a) if:
(a) the aircraft is carrying a serviceable aircraft VHF radio;
and
(b) the pilot holds a radiotelephone qualification.
Flight in VMC during the day and in company
(3) The pilot in command of an aircraft may operate the aircraft on
the manoeuvring area of, or in the vicinity of, a non-controlled
aerodrome mentioned in paragraph (1) (a) if:
(a) either:
(i) the aircraft is not carrying a serviceable aircraft VHF radio; or
(ii) the pilot does not hold a radiotelephone
qualification; and
(b) the aircraft is being operated for a flight:
(i) that is in VMC; and
(ii) that is not a night flight; and
(iii) that is undertaken in company with another aircraft; and
(c) the other aircraft is carrying a serviceable aircraft VHF
radio; and
(d) the pilot in command of the other aircraft holds a
radiotelephone qualification.
Unserviceable radio
(4) The pilot in command of an aircraft that is carrying an unserviceable aircraft VHF radio may operate the aircraft on the manoeuvring area of, or in the vicinity of, a non-controlled
aerodrome mentioned in paragraph (1) (a) if:
(a) either:
(i) the radio became unserviceable during the flight; or
(ii) the purpose of the flight is to take the radio to a
place where it can be repaired; and
(b) for an aircraft that is flying in the vicinity of the
aerodrome — the pilot ensures that each of the following
are switched on:
(i) the aircraft's landing lights (if any);
(ii) the aircraft's anti-collision lights (if any);
(iii) the aircraft's secondary surveillance radar
transponder (if any); and
(c) for an aircraft arriving at the aerodrome — the pilot joins
the circuit pattern for the aerodrome on the cross-wind leg of the circuit pattern.
(5) An offence against subregulation (1) is an offence of strict
liability.
Aerodromes at which the operation of aircraft is not restricted to runways
(1) Subject to this regulation, at aerodromes where the operation of aircraft is not restricted to prepared runways, the pilot in command of an aircraft must, as far as possible, observe the following rules when landing and taking off:
(a) aircraft, when landing, shall land on the right of any aircraft which has already landed or is about to land, or which is taking off or about to take off;
(b) aircraft, when taking off, shall take off on the right of any aircraft which is already taking off;
(c) aircraft, when landing or taking off, shall leave a reasonable space on the right for other aircraft to land or take off;
(d) aircraft, when manoeuvring on the ground, shall normally do so in the direction of landing, but aircraft may cross the landing area if, in the course of the crossing, all turns are made to the left and the aircraft gives free way to all aircraft landing and taking off.
Penalty: 25 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note. For strict liability, see section 6.1 of the Criminal Code.
(2) The rules specified in paragraphs (1) (a), (b), (c) and (d) do not apply at an aerodrome at which they would otherwise apply:
(a) where CASA has directed that those rules are not to apply at that aerodrome;
(b) where a person performing duty in air traffic control has, by radio, directed that those rules are not to apply at that aerodrome; or
(c) where a right-handed arrow of conspicuous colour is displayed in the signal area or at the end of the runway or strip in use at that aerodrome.
(3) At an aerodrome at which a ground signal of the kind referred to in paragraph (2) (c) is displayed, aircraft, when landing and taking off, as far as possible shall observe the rules specified in paragraphs (1) (a), (b) and (c) as if the references in those paragraphs to 'the right' were references to 'the left' and shall observe the rule specified in paragraph (1) (d) as if the reference in that paragraph to \lquote the left\rquote was a reference to 'the right'.
CAR 1988 Part 14 Air service operations
Unauthorised persons not to manipulate controls
(1) A person must not manipulate the controls of an aircraft in flight if the person is not either:
(a) the pilot assigned for duty in the aircraft; or
(b) a student pilot assigned for instruction in the aircraft.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note. For strict liability, see section 6.1 of the Criminal Code.
Aircraft not to be taxied except by pilot
(1) A person must not taxi an aircraft anywhere on an aerodrome if the person is not either a licensed pilot whose licence is endorsed for the particular type of aircraft concerned or a person approved by CASA in accordance with the terms and conditions of the approval.
Penalty: 25 penalty units.
Responsibility of pilot in command before flight
(1) The pilot in command of an aircraft must not commence a flight if he or she has not received evidence, and taken such action as is necessary to ensure, that:
(a) the instruments and equipment required for the particular type of operation to be undertaken are installed in the aircraft and are functioning properly;
(b) the gross weight of the aircraft does not exceed the limitations fixed by or under regulation 235 and is such that flight performance in accordance with the standards specified by CASA for the type of operation to be undertaken is possible under the prevailing conditions; and
(c) any directions of CASA with respect to the loading of the aircraft given under regulation 235 have been complied with;
(d) the fuel supplies are sufficient for the particular flight;
(e) the required operating and other crew members are on board and in a fit state to perform their duties;
(f) the air traffic control instructions have been complied with;
(g) the aircraft is safe for flight in all respects; and
(h) the 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:
(i) to the route to be flown; and
(ii) 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.
(1A) 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.
(3) An operator must keep a completed flight preparation form for a period of 6 months.
Penalty: 5 penalty units.
(4) An offence against subregulation (1), (2) or (3) is an offence of strict liability.
Fuel requirements
(1) The pilot in command of an aircraft must not commence a flight within Australian territory, or to or from Australian territory, if he or she has not taken reasonable steps to ensure that the aircraft carries sufficient fuel and oil to enable the proposed flight to be undertaken in safety.
Penalty: 50 penalty units.
(2) An operator of an aircraft must take reasonable steps to ensure that an aircraft does not commence a flight as part of the operator's operations if the aircraft is not carrying sufficient fuel and oil to enable the proposed flight to be undertaken in safety.
Penalty: 50 penalty units.
(3) For the purposes of these regulations, in determining whether fuel and oil carried on an aircraft in respect of a particular flight was sufficient within the meaning of subregulations (1) and (2), a court must, in addition to any other matters, take into account the following matters:
(a) the distance to be travelled by the aircraft on the flight to reach the proposed destination;
(b) the meteorological conditions in which the aircraft is, or may be required, to fly;
(c) the possibility of:
(i) a forced diversion to an alternative aerodrome; and
(ii) a delay pending landing clearance; and
(iii) air traffic control re-routing the flight after commencement of the flight; and
(iv) a loss of pressurisation in the aircraft; and
(v) where the aircraft is a multi-engined aircraft — an engine failure;
(d) any guidelines issued from time to time by CASA for the purposes of this regulation.
(4) An offence against subregulation (1) or (2) is an offence of strict liability.
Take-off and landing of aircraft etc
(1) CASA may, for the purposes of these regulations, give directions setting out the method of estimating, with respect to an aircraft at anytime:
(a) the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time; and
(b) the centre of gravity of the aircraft at that time.
(2) CASA may, for the purpose of ensuring the safety of air navigation, give directions setting out the manner of determining, with respect to a proposed flight of an aircraft:
(a) a maximum weight, being a weight less than the maximum take-off weight of the aircraft; or
(b) a maximum weight, being a weight less than the maximum landing weight of the aircraft;
that the gross weight of the aircraft at take-off or landing, as the case may be, is not to exceed.
(3) A manner of determining a maximum weight referred to in subregulation (2) shall be such as to take into account such of the following considerations as CASA considers appropriate:
(a) the type of aircraft;
(b) the kind of operations to be carried out during the flight;
(c) the performance of the aircraft in configurations in which it is likely to be flown and with faults that are likely to occur;
(d) the meteorological conditions at the aerodrome at which the aircraft is to take off or land;
(e) the altitude of the aerodrome at which the aircraft is to take off or land;
(f) the aerodrome dimensions in the direction in which the aircraft is to take off or land;
(g) the material of which the surface of the aerodrome in the direction in which the aircraft is to take off or land is constituted and the condition and slope of that surface;
(h) the presence of obstacles in the vicinity of the flight path along which the aircraft is to take off, approach or land;
(i) the anticipated meteorological conditions over the intended route to be flown by the aircraft after take-off and over planned divergencies from that route; and
(j) the altitude of the terrain along and on either side of the intended route to be flown by the aircraft after take-off and of planned divergencies from that route.
(4) The pilot in command of an aircraft must not allow the aircraft to take off if its gross weight exceeds its maximum take-off weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the take-off, that lesser weight.
(5) The pilot in command of an aircraft must not allow the aircraft to take off if its gross weight exceeds, by more than the weight of fuel that would normally be used in flying to its next landing place or planned alternative aerodrome, its maximum landing weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the landing at that place or aerodrome, that lesser weight.
(6) The pilot in command of an aircraft, must not land the aircraft if its gross weight exceeds its maximum landing weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the landing, that lesser weight.
(7) CASA may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading of persons and goods (including fuel) on aircraft.
(7A) A person must not contravene a direction under subregulation (7).
(8) The pilot in command of an aircraft must not allow the aircraft to take off or land if a direction given under this regulation, about the loading of the aircraft has not been complied with.
(9) The pilot in command must ensure that the load of an aircraft throughout a flight shall be so distributed that the centre of gravity of the aircraft falls within the limitations specified in its certificate of airworthiness or its flight manual.
(10) A direction given under this regulation does not have effect in relation to a person until it has been served on the person.
Planning of flight by pilot in command
(1) Before beginning a flight, the pilot in command shall study all available information appropriate to the intended operation, and, in the cases of flights away from the vicinity of an aerodrome and all I.F.R. flights, shall make a careful study of:
(a) current weather reports and forecasts for the route to be followed and at aerodromes to be used;
(b) the airways facilities available on the route to be followed and the condition of those facilities;
(c) the condition of aerodromes to be used and their suitability for the aircraft to be used; and
(d) the air traffic control rules and procedure appertaining to the particular flight;
and the pilot shall plan the flight in relation to the information obtained.
(2) When meteorological conditions at the aerodromes of intended landing are forecast to be less than the minima specified by CASA, the pilot in command shall make provision for an alternative course of action and shall arrange for the aircraft to carry the necessary additional fuel.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Listening watch
(1) When an aircraft is equipped with radio apparatus for use during flight, the pilot in command must maintain a listening watch, or must ensure that a listening watch is maintained, at all times commencing immediately prior to the time at which the aircraft commences to move on the manoeuvring area prior to flight and lasting until the aircraft is brought to a stop at the apron or other point of termination of the flight.
Penalty: 25 penalty units.
(2) Where the means of communication between air traffic control and an aircraft under its control is a voice communication channel, the pilot in command and any other pilot for the time being operating the controls of the aircraft shall personally maintain a listening watch on the appropriate radio frequency.
Penalty: 25 penalty units.
Safety precautions before take-off
(1) Immediately before taking\_off on any flight, the pilot in command of an aircraft shall:
(a) test the flight controls on the ground to the full limit of their travel and make such other tests as are necessary to ensure that those controls are functioning correctly;
(b) ensure that locking and safety devices are removed and that hatches, doors and tank caps are secured; and
(c) ensure that all external surfaces of the aircraft are completely free from frost and ice.
Penalty: 50 penalty units.
Movement on manoeuvring area
(1) Immediately before take-off, the pilot in command shall manoeuvre the aircraft so that he or she is able to observe traffic on the manoeuvring area of the aerodrome and incoming and outgoing traffic, in order that he or she may avoid collision with other aircraft during the take-off.
Penalty: 10 penalty units.
Emergency locator transmitters
(1) The pilot in command of an Australian aircraft that is not an exempted aircraft may begin a flight only if the aircraft:
(a) is fitted with an approved ELT:
(i) that is in working order; and
(ii) whose switch is set to the position marked 'armed', if that switch has a position so marked; or
(b) carries, in a place readily accessible to the operating crew, an approved portable ELT that is in working order.
Penalty: 25 penalty units.
Note. For the maintenance requirements for emergency locator transmitters, see Part 4A. See also subsection 20AA (4) of the Act.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) Subregulation (1) does not apply in relation to a flight by an Australian aircraft if:
(a) the flight is to take place wholly within a radius of 50 miles from the aerodrome reference point of the aerodrome from which the flight is to begin; or
(b) the flight is, or is incidental to, an agricultural operation; or
(c) CASA has given permission for the flight under regulation 21.197 of CASR; or
(d) the aircraft is new and the flight is for a purpose associated with its manufacture, preparation or delivery; or
(e) the flight is for the purpose of moving the aircraft to a place to have an approved ELT fitted to the aircraft, or to have an approved ELT that is fitted to it repaired, removed or overhauled.
(3) Subregulation (1) does not apply in relation to a flight by an Australian aircraft if, when the flight takes place:
(a) an approved ELT fitted to the aircraft, or an approved portable ELT usually carried in the aircraft, has been temporarily removed for inspection, repair, modification or replacement; and
(b) an entry has been made in the aircraft's log book, or approved alternative maintenance record, stating:
(i) the ELT's make, model and serial number; and
(ii) the date on which it was removed; and
(iii) the reason for removing it; and
(c) a placard stating 'ELT not installed or carried' has been placed in the aircraft in a position where it can be seen by the aircraft\rquote s pilot; and
(d) not more than 90 days have passed since the ELT was removed.
(4) For an emergency locator transmitter, emergency position indicating radio beacon or personal locator beacon to be an eligible ELT, it must meet the following requirements:
(a) it must, if activated, operate simultaneously:
(i) in the frequency band 406 MHz–406.1 MHz; and
(ii) on 121.5 MHz;
(b) it must be registered with the Australian Maritime Safety Authority;
(c) if it is fitted with a lithium-sulphur dioxide battery — the battery must be of a type authorised by the FAA in accordance with TSO C142 or TSO C142a.
(5) To be an approved ELT, an eligible ELT must meet the following requirements:
(a) it must be automatically activated on impact;
(b) it must be of one of the following types:
(i) a type authorised by the FAA in accordance with:
(A) TSO C91a for operation on 121.5 MHz; and
(B) TSO C126 for operation in the frequency band 406 MHz — 406.1 MHz;
(ii) a type that CASA is satisfied:
(A) is operationally equivalent to a type mentioned in subparagraph (i); and
(B) performs at a level that is at least equivalent to the level of performance of a type mentioned in subparagraph (i).
(6) To be an approved portable ELT, an eligible ELT must meet the following requirements:
(a) it must be portable;
(b) it must be of one of the following types:
(i) an emergency position indicating radio beacon of a type that meets the requirements of AS/NZS 4280.1:2003;
(ii) a personal locator beacon of a type that meets the requirements of AS/NZS 4280.2:2003;
(iii) a type authorised by the FAA in accordance with:
(A) TSO C91a for operation on 121.5 MHz; and
(B) TSO C126 for operation in the frequency band 406 MHz — 406.1 MHz;
(iv) a type that CASA is satisfied:
(A) is operationally equivalent to a type mentioned in subparagraph (i), (ii) or (iii); and
(B) performs at a level that is at least equivalent to the level of performance of a type mentioned in subparagraph (i), (ii) or (iii).
(7) In this regulation:
approved ELT means an eligible ELT that meets the requirements mentioned in subregulation (5).
approved portable ELT means an eligible ELT that meets the requirements mentioned in subregulation (6).
AS/NZS 4280.1:2003 means:
(a) the standard AS/NZS 4280.1:2003, 406 MHz satellite distress beacons, Part 1: Marine emergency position indicating radio beacons (EPIRB) (IEC 61097/2:2002, MOD), as in force from time to time; or
(b) a later edition of the standard mentioned in paragraph (a), as in force from time to time.
AS/NZS 4280.2:2003 means:
(a) the standard AS/NZS 4280.2:2003, 406 MHz satellite distress beacons, Part 2: Personal locator beacons (PLBs), as in force from time to time; or
(b) a later edition of the standard mentioned in paragraph (a), as in force from time to time.
eligible ELT means an emergency locator transmitter, emergency position indicating radio beacon or personal locator beacon that meets the requirements mentioned in subregulation (4).
exempted aircraft means:
(a) a high-capacity regular public transport aircraft; or
(b) a high-capacity charter aircraft; or
(c) a single seat aircraft; or
(d) a turbojet-powered aircraft; or
(e) a balloon; or
(f) an airship; or
(g) a glider.
high-capacity, in relation to an aircraft, means permitted, by the aircraft's certificate of type approval:
(a) to have a maximum seating capacity of more than 38 seats; or
(b) to carry a maximum payload of more than 4,200 kilograms.
single seat aircraft means an aircraft that is equipped to carry only one person.
(8) In this regulation, a reference to a particular TSO is a reference to:
(a) the particular TSO, as in force from time to time; or
(b) a later version of the particular TSO, as in force from time to time
Experimental aircraft - operating limitations
(1) A person must not operate an aircraft for which a special certificate of airworthiness is in force under regulation 21.195A of CASR, if the operation is not one of the following kinds:
(a) an operation for a purpose for which the certificate is issued;
(b) an operation permitted by subregulation (2).
Penalty: 50 penalty units.
(2) An experimental aircraft may be used for any of the following operations in support of an operation for which the special certificate of airworthiness was issued:
(a) taking the aircraft to or from a place where maintenance on the aircraft can be done, or has been done;
(b) testing the aircraft after maintenance;
(c) training a person to qualify for an aircraft endorsement on the aircraft;
(d) practice in flying the aircraft;
(e) carrying out a demonstration or test of the aircraft for sale;
(f) delivering the aircraft to a person under a contract of sale;
(g) for an amateur-built or kit-built aircraft – flying training given in the aircraft to its owner.
(3) A person must not operate an experimental aircraft outside the area assigned for the purpose by CASA or an authorised person, and must not carry persons other than essential crew in the aircraft, until it is shown that it:
(a) is controllable throughout its normal range of speeds and throughout all the manoeuvres to be executed; and
(b) has no hazardous operating characteristics or design features.
Penalty: 50 penalty units.
(4) A person must not operate an experimental aircraft over the built-up area of a city or town unless authorised to do so under subregulation (5).
Penalty: 50 penalty units.
(5) CASA or an authorised person may authorise a particular aircraft to be operated over the built-up area of a city or town subject to the conditions and limitations CASA or the authorised person considers necessary for the safety of other airspace users and persons on the ground or water.
(6) A person operating an experimental aircraft must operate it only:
(a) by day and under V.F.R; or
(b) otherwise in accordance with an approval by CASA or an authorised person.
Penalty: 50 penalty units.
(7) A person must not operate an experimental aircraft for a purpose mentioned in paragraph 206 (1) (b) or (c).
Penalty: 50 penalty units.
(8) A person must not operate an experimental aircraft carrying a passenger if each of the following requirements is not satisfied:
(a) no more than 6 (or a greater number approved by CASA or an authorised person) people are on board;
(b) the operator or the pilot in command ensures that each person carried is told before boarding the aircraft that:
(i) the design, manufacture, and airworthiness of the aircraft is not required to meet any standards recognised by CASA; and
(ii) persons fly in the aircraft at their own risk;
(c) a placard bearing the warning stated in subregulation (9) is displayed inside the aircraft in a way that is conspicuous to, and can be easily read by, each person in the aircraft.
Penalty: 50 penalty units.
(9) For paragraph (8) (c), the warning is:
WARNING
PERSONS FLY IN THIS AIRCRAFT AT THEIR OWN RISK
THIS AIRCRAFT IS NOT OPERATED TO THE SAME SAFETY STANDARDS AS A NORMAL COMMERCIAL PASSENGER FLIGHT
CASA DOES NOT SET AIRWORTHINESS STANDARDS FOR EXPERIMENTAL AIRCRAFT.
(11) A person must not operate an experimental aircraft in another country's airspace if it is not in accordance with the approval of the appropriate authority of the country.
Penalty: 10 penalty units.
(12) A person must not operate an experimental aircraft for a purpose mentioned in paragraph 206 (1) (a) if the person is not the holder of an appropriate AOC.
Penalty: 10 penalty units.
(13) An offence against subregulation (1), (3), (4), (6), (7), (8), (11) or (12) is an offence of strict liability.
Light sport aircraft - operating limitations
(1) A person must not operate a light sport aircraft covered by regulation 21.186 of CASR unless:
(a) the aircraft is being operated for:
(i) private operations; or
(ii) conducting or undergoing flying training; or
(iii) glider towing; and
(b) maintenance has been carried out on the aircraft in accordance with maintenance procedures issued by its manufacturer; and
(c) the aircraft has been inspected, in accordance with inspection procedures issued by its manufacturer, at least once:
(i) in the case of an aircraft that is let on hire for a purpose mentioned in subparagraph (a) (i), (ii) or (iii) - every 100 hours TIS or every 12 months, whichever occurs first; and
(ii) in any other case - every 12 months; and
(d) all modifications on the aircraft have been authorised by its manufacturer; and
(e) the person who operates the aircraft ensures that each person who boards the aircraft is told about the warning in subregulation (2) before the person boards the aircraft; and
(f) a placard bearing the warning in subregulation (2) is displayed inside the aircraft in a place where it is conspicuous to, and can easily be read by, each person in the aircraft.
Penalty: 50 penalty units.
(2) For paragraphs (1) (e) and (f), the warning is:
'THIS AIRCRAFT WAS MANUFACTURED IN ACCORDANCE WITH LIGHT SPORT AIRCRAFT AIRWORTHINESS STANDARDS AND DOES NOT CONFORM TO STANDARD CATEGORY AIRWORTHINESS REQUIREMENTS'.
(3) Unless otherwise approved by its manufacturer, a person must not operate a light sport aircraft covered by regulation 21.186 of CASR contrary to:
(a) the aircraft operating instructions issued for the aircraft (including instructions for necessary equipment in the aircraft's equipment list); or
(b) a safety direction or requirement issued by its manufacturer.
Penalty: 50 penalty units.
(4) A person must not operate a light sport aircraft covered by regulation 21.186 of CASR contrary to any additional operating limitation determined, in writing, by CASA for the aircraft in the interests of aviation safety.
Penalty: 50 penalty units.
(5) CASA must give a copy of a determination referred to in subregulation (4) to the registered operator of the aircraft concerned.
(6) An offence against subregulation (1), (3) or (4) is an offence of strict liability.
(7) In the case of an aircraft whose manufacturer no longer exists or can no longer provide instructions for the continuing airworthiness of the aircraft, anything required by a provision of this regulation to be done by its manufacturer can be done by a person appointed by CASA to perform the functions of the manufacturer in relation to the continuing airworthiness of the aircraft.
Offences in relation to licences, certificates and authorities
(1) A person shall not, if the person is not specially permitted by or under these regulations, perform any duty or exercise any function or do any act for which:
(a) a licence;
(b) a certificate; or
(c) a rating or other endorsement on a licence or certificate;
is required under these regulations, without holding:
(d) the appropriate licence or certificate; or
(e) a licence or certificate containing the appropriate rating or other endorsement.
Penalty: 50 penalty units.
(2) Where a licence or certificate is suspended, or a rating or other endorsement on a licence or certificate is suspended or cancelled, under these regulations, the person to whom the licence or certificate was granted shall not, for the purposes of subregulation (1) be deemed to be the holder of the licence or certificate or a licence or certificate containing the rating or other endorsement, as the case may be, during the period of suspension or cancellation.
(3) A person shall not purport to give a certificate, or to issue a document, for the purposes of these regulations if he or she is not authorised under these regulations to do so.
Penalty: 50 penalty units.
(4) The holder of a licence, a certificate, an airworthiness authority or an aircraft welding authority shall not:
(a) negligently perform a duty that he or she is qualified to perform under the terms of the licence, certificate, airworthiness authority or aircraft welding authority; or
(b) issue a certificate that he or she is required or empowered to issue under these regulations without ensuring that all matters certified therein are true and correct in every material particular.
Penalty: 25 penalty units.
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