(1) The operator of an aeroplane for a flight contravenes this subregulation if:
(a) the operator requires the pilot in command of the aeroplane for the flight to do any of the following in the non - command pilot's seat:
(i) operate the aeroplane as pilot in command;
(ii) carry out the duties of co - pilot;
(iii) carry out training or examining duties; and
(b) the pilot in command does not hold a valid proficiency check, in accordance with the requirements prescribed by the Part 135 Manual of Standards, for the operator and the flight for a pilot who will be required to operate the aeroplane in the non - command pilot's seat.
(2) The pilot in command of an aeroplane for a flight contravenes this subregulation if the pilot in command:
(a) operates the aeroplane in the non - command pilot's seat; and
(b) does not hold a valid proficiency check, in accordance with the requirements prescribed by the Part 135 Manual of Standards, for the operator and the flight for a pilot who will be required to operate the aeroplane in the non - command pilot's seat.
Offence
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).