Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 131.355

Additional right of way rules

  (1)   The pilot in command of a Part   131 aircraft contravenes this subregulation   if:

  (a)   the aircraft is in the vicinity of another Part   131 aircraft; and

  (b)   the aircraft is higher than the other aircraft; and

  (c)   the pilot in command contravenes the right of way rule mentioned in subregulation   (2).

  (2)   The right of way rule is that a higher aircraft must give way to a lower aircraft.

  (3)   Subregulation (2) does not apply if the other aircraft is a hot air airship.

  (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 matter in subregulation   (3): see subsection   13.3(3) of the Criminal Code .


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