Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 135.180

Take - off alternate aerodromes

  (1)   This regulation applies to a flight of a multi - engine aeroplane if:

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

  (b)   the flight is an IFR flight.

  (2)   The operator and the pilot in command of an aeroplane for a flight each contravene this subregulation   if:

  (a)   at the time of take - off, the aeroplane will not be able to return to the departure aerodrome:

  (i)   because the visibility and cloud ceiling height at the departure aerodrome will be less than the landing minima requirements for the aerodrome for at least 1 hour after take - off; or

  (ii)   for any other reason; and

  (b)   the operational flight plan for the flight does not include a take - off alternate aerodrome that meets the requirements mentioned in subregulation   (3).

  (3)   The requirements are the following:

  (a)   the authorised weather forecast for the take - off alternate aerodrome must indicate that the visibility and cloud ceiling height at the aerodrome meet the landing minima requirements for the aerodrome for at least 1 hour after take - off;

  (b)   the take - off alternate aerodrome must be within the distance from the departure aerodrome that the aeroplane can fly in 1 hour at the aeroplane's one - engine inoperative cruising speed.

  (4)   Subregulation (2) does not apply if:

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

  (b)   when the flight begins, the aeroplane is carrying sufficient fuel:

  (i)   to fly to the planned destination aerodrome for the flight; or

  (ii)   if a destination alternate aerodrome is required for the flight by the flight preparation (alternate aerodromes) requirements--to comply with the requirements for conducting a flight to a destination alternate prescribed by the flight preparation (alternate aerodromes) requirements.

  (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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