Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 132.075

Flights over populous areas

  (1)   The operator and the pilot in command of a limited category aircraft each contravene this subregulation   if:

  (a)   the aircraft is flown over a populous area; and

  (b)   the flight is not permitted by this regulation.

  (2)   A limited category aircraft for which there is no permit index number is not permitted to be flown over a populous area.

  (3)   A limited category aircraft with a permit index number of 0 may be flown over a populous area.

  (4)   A limited category aircraft with a permit index number of 1 may be flown over a populous area only:

  (a)   in accordance with an approval, held by the operator of the aircraft, granted by the administering authority for the aircraft under regulation   132.035 for this paragraph; or

  (b)   for the purpose of taking off from, or landing at, a landing area other than a landing area prescribed as an unsuitable landing area for this paragraph by the Part   132 Manual of Standards.

  (5)   In deciding whether to grant an approval mentioned in paragraph   (4)(a), the administering authority must take into account:

  (a)   the aircraft's permit index number; and

  (b)   anything else relevant to the safety of other airspace users or persons on the ground or water.

  (6)   A limited category aircraft with a permit index number of 2 may be flown over a populous area only in accordance with an approval, held by the operator of the aircraft, granted by CASA under regulation   132.035 for this subregulation.

  (7)   In deciding whether to grant an approval mentioned in subregulation   (6), CASA must take into account:

  (a)   the aircraft's permit index number; and

  (b)   anything else relevant to the safety of other airspace users or persons on the ground or water.

  (8)   Despite subregulations (3), (4) and (6), an aircraft is not permitted to be flown over a populous area if:

  (a)   the aircraft:

  (i)   has reached its approved airframe life; or

  (ii)   would reach its approved airframe life during the flight; or

  (b)   an aeronautical product fitted to the aircraft that is a safety - critical aeronautical product:

  (i)   has reached its life limit; or

  (ii)   would reach its life limit during the flight; or

  (c)   a modification or repair to the aircraft:

  (i)   is a major modification or repair; and

  (ii)   is not approved for the purposes of regulation   132.030.

  (9)   A person commits an offence of strict liability if the person contravenes subregulation   (1).

Penalty:   50 penalty units.


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