Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsAircraft without a special flight permit
(1) The operator and the pilot in command of a limited category aircraft each contravene this subregulation if:
(a) a special flight permit is not in force for the aircraft; and
(b) the aircraft is operated for a flight; and
(c) a requirement mentioned in subregulation (2) is not met for the flight.
(2) The requirements are the following:
(a) the flight must be an authorised operation for the aircraft under regulation 132.055;
(b) a maintenance release must be in force for the aircraft;
(c) the flight must be conducted in accordance with each requirement (however described) in a document mentioned in subregulation 132.045(2);
(d) the total number of persons on board the aircraft for the flight must be not more than the number of persons allowed under regulation 132.060;
(e) if the aircraft is capable of carrying a passenger--a placard that complies with the requirements prescribed by the Part 132 Manual of Standards must be displayed inside the aircraft so that it is conspicuous to, and can be easily read by, each passenger on board the aircraft, including a passenger sitting in a flight control seat;
(f) before beginning the flight, the pilot in command must make himself or herself aware of all relevant information about the aircraft, including the following:
(i) each requirement (however described) in a document mentioned in subregulation 132.045(2);
(ii) the matters mentioned in subregulation (3);
(g) the pilot in command must be authorised under Part 61 (flight crew licensing) to conduct the flight.
Note: For example, for paragraph (e): an aircraft with dual controls that may be flown by a single pilot is capable of carrying a passenger.
(3) For subparagraph (2)(f)(ii), the matters are the following:
(a) each authorisation (within the meaning of Part 11) that relates to the operation of the aircraft and is in force;
(b) each condition imposed under Subpart 11.BA on an authorisation mentioned in paragraph (a) that is in force;
(c) each exemption granted by CASA under Subpart 11.F that relates to the operation of the aircraft and is in force;
(d) each direction issued by CASA under these Regulations that relates to the operation of the aircraft and is in force.
Aircraft with a special flight permit
(4) The operator and the pilot in command of a limited category aircraft each contravene this subregulation if:
(a) a special flight permit is in force for the aircraft; and
(b) the aircraft is operated for a flight; and
(c) either:
(i) the operation of the aircraft for the flight is not in accordance with the special flight permit; or
(ii) a requirement mentioned in paragraph (2)(d) or (e), subparagraph (2)(f)(ii) or paragraph (2)(g) is not met for the flight.
(5) A person commits an offence of strict liability if the person contravenes subregulation (1) or (4).