Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 135.190

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

  (a)   the flight is an IFR flight; and

  (b)   the operational flight plan for the flight does not include a destination alternate aerodrome.

  (2)   The pilot in command of an aeroplane for a flight contravenes this subregulation   if:

  (a)   during the flight, the pilot in command receives an authorised weather forecast for the planned destination aerodrome for the flight; and

  (b)   because of the authorised weather forecast, a destination alternate aerodrome must be nominated in accordance with the flight preparation (alternate aerodromes) requirements; and

  (c)   the aeroplane is not carrying sufficient fuel to allow the flight to be continued to another aerodrome that is suitable for the safe landing of the aeroplane if the aeroplane cannot land at the planned destination aerodrome; and

  (d)   the flight is continued to the planned destination aerodrome.

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

  (a)   within 30 minutes before the aeroplane's estimated arrival time at the planned destination aerodrome, the pilot in command receives an authorised weather forecast for the planned destination aerodrome; and

  (b)   the authorised weather forecast indicates that the visibility or cloud ceiling height at the planned destination aerodrome is expected to be:

  (i)   below the alternate minima for the planned destination aerodrome required by the flight preparation (alternate aerodromes) requirements; but

  (ii)   above the landing minima required by the landing minima requirements for the planned destination aerodrome.

  (4)   Also, subregulation   (2) does not apply if the aeroplane is carrying sufficient fuel to allow it to hold near the planned destination aerodrome until the end of 30 minutes after the visibility and cloud ceiling height is expected to be at or above the specified landing minima for the aeroplane for the aerodrome.

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