Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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).
Note: A defendant bears an evidential burden in relation to the matter in subregulation (3): see subsection 13.3(3) of the Criminal Code .