Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 133.135

  (1)   The operator and the pilot in command of a rotorcraft for a flight each contravene this subregulation   if:

  (a)   the flight is:

  (i)   an IFR flight; or

  (ii)   a VFR flight at night; or

  (iii)   a flight during which the rotorcraft will not remain within 50 nautical miles of the departure aerodrome; and

  (b)   when the flight begins, an operational flight plan that meets the requirements mentioned in subregulation   (2) has not been prepared for the flight.

  (2)   The requirements are the following:

  (a)   the flight plan must be prepared having regard to:

  (i)   the safety of the rotorcraft, and of the people on board the rotorcraft, during the flight; and

  (ii)   the rotorcraft's performance; and

  (iii)   the expected rotorcraft operating limitations and conditions for the flight; and

  (iv)   meteorological conditions for the flight;

  (b)   the flight plan must contain the information prescribed by the Part   133 Manual of Standards for the purposes of this paragraph.

  (3)   The operator and the pilot in command of a rotorcraft for a flight each contravene this subregulation   if:

  (a)   the Part   133 Manual of Standards prescribes information about the flight for the purposes of this subregulation; and

  (b)   that information is not recorded in the operational flight plan for the flight:

  (i)   before the flight ends; or

  (ii)   if it is not practicable to record the information before the flight ends--as soon as practicable after the flight ends.

  (4)   Subregulation (1) or (3) does not apply to the operator or the pilot in command in relation to information required to be included in the operational flight plan under that subregulation   if, by the time it is required to be recorded, the information is:

  (a)   recorded in another document kept by the operator; or

  (b)   readily available to the operator from another source.

Note:   An example for paragraph   (a) is a journey log kept by the operator for the flight.

  (5)   A person commits an offence of strict liability if the person contravenes subregulation   (1) or (3).

Penalty:   50 penalty units.

Note:   A defendant bears an evidential burden in relation to the matters in subregulation   (4): see subsection   13.3(3) of the Criminal Code .