Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 133.140

Availability of flight planning information

  (1)   The operator of a rotorcraft for a flight contravenes this subregulation   if a requirement mentioned in subregulation   (2) is not met for the flight.

  (2)   The requirements are the following:

  (a)   the pilot in command of the rotorcraft must have access to the information mentioned in subregulation   (3) before and during the flight;

  (b)   each person in the operator's organisation who is responsible for flight planning for the flight must have access to the information mentioned in subregulation   (3) before the flight;

  (c)   each person in the operator's organisation who is responsible for flight replanning for the flight must have access to the information mentioned in subregulation   (3) during the flight;

  (d)   each person in the operator's organisation who exercises operational control for the flight must have access to the information mentioned in subregulation   (3) before and during the flight.

  (3)   The information is the following:

  (a)   authorised weather forecasts and authorised weather reports:

  (i)   in relation to the flight; and

  (ii)   if a destination alternate aerodrome is required for the flight by the flight preparation (alternate aerodromes) requirements--in relation to the destination alternate aerodrome;

  (b)   NOTAMs for the flight;

  (c)   the suitability for a take - off or landing by the rotorcraft of:

  (i)   the departure and planned destination aerodrome for the flight; and

  (ii)   if a destination alternate aerodrome is required for the flight by the flight preparation (alternate aerodromes) requirements--the destination alternate aerodrome.

  (4)   Subregulation (1) does not apply in relation to information mentioned in subparagraph   (3)(c)(i) about the planned destination aerodrome, if:

  (a)   when the flight begins, the rotorcraft is carrying sufficient fuel to allow the flight to be continued to another aerodrome that is suitable for the safe landing of the rotorcraft if the rotorcraft cannot land at the planned destination aerodrome; and

  (b)   before starting an approach to land at the planned destination aerodrome, the pilot in command for the flight determines, in accordance with the procedures included in the operator's exposition under regulation   133.170, that the planned destination aerodrome is suitable to land at.

  (5)   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   (4): see subsection   13.3(3) of the Criminal Code .


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