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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