Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 133.030

  (1)   The operator and the pilot in command of a rotorcraft for a flight each contravene this subregulation   if, during the flight, the rotorcraft is operated in a way that does not meet a requirement or limitation that:

  (a)   is set out in the aircraft flight manual instructions for the rotorcraft; and

  (b)   relates to the operation of the rotorcraft.

Note:   The pilot in command of the rotorcraft must also ensure the rotorcraft is operated in accordance with the aircraft flight manual instructions: see regulation   91.095.

  (2)   Subregulation (1) does not apply to a requirement or limitation if:

  (a)   circumstances prescribed by the Part   133 Manual of Standards exist for the flight; and

  (b)   the requirement or limitation is of a kind prescribed by the Part   133 Manual of Standards for those circumstances.

  (3)   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 matters in subregulation   (2): see subsection   13.3(3) of the Criminal Code .