Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 133.335

  (1)   This regulation applies to a flight of a rotorcraft if:

  (a)   the rotorcraft has a maximum operational passenger seat configuration of more than 9 and not more than 19; or

  (b)   the flight is a medical transport operation; or

  (c)   all of the following apply:

  (i)   the rotorcraft has a maximum operational passenger seat configuration of not more than 19;

  (ii)   the flight is a passenger transport operation;

  (iii)   the flight is conducted under the IFR or at night.

  (2)   The operator and the pilot in command of a rotorcraft for a flight each contravene this subregulation   if a requirement mentioned in subregulation   (3) is not met for the flight.

  (3)   The requirements are the following:

  (a)   during the take - off, take - off and initial climb, the approach and landing, or baulked landing, stage of the flight, the rotorcraft must be flown in performance class 1 or 2, or performance class 2 with exposure;

  (b)   during any other stage of the flight, the rotorcraft must be flown in performance class 1.

  (4)   Subregulation (2) does not apply in relation to the take - off, take - off and initial climb, the approach and landing, or baulked landing stage of a flight, if:

  (a)   the flight is a medical transport operation; and

  (b)   the stage is conducted from or at a place as part of the medical transport operation; and

  (c)   the operator holds an approval under regulation   133.015 in relation to the place and the rotorcraft.

  (5)   A person commits an offence of strict liability if the person contravenes subregulation   (2).

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 .