(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).
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code .