Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 133.335

Flight in performance class 1 or 2, or performance class 2 with exposure for certain rotorcraft

             (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 .



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