(1) The operator of an aeroplane for a flight contravenes this subregulation if:
(a) the operator assigns a pilot to duty as pilot in command or co-pilot of the aeroplane for the flight; and
(b) the pilot does not have:
(i) if the flight is a flight by day--the recent experience required for the flight by subregulation (3); or
(ii) if the flight is a flight at night--the recent experience required for the flight by subregulation (4).
(2) A pilot of an aeroplane for a flight contravenes this subregulation if:
(a) the pilot operates the aeroplane as pilot in command or co-pilot for the flight; and
(b) the pilot does not have:
(i) if the flight is a flight by day--the recent experience required for the flight by subregulation (3); or
(ii) if the flight is a flight at night--the recent experience required for the flight by subregulation (4).
Requirements for flights by day
(3) The recent experience required for a flight by day is that, within 90 days before the flight:
(a) the pilot must have carried out, in an aeroplane of that kind or an approved flight simulator for the aeroplane:
(i) at least 3 take-offs followed by climbs to at least 500 ft AGL while controlling the aeroplane or simulator; and
(ii) at least 3 landings while controlling the aeroplane or simulator; or
(b) the pilot must have passed a flight test for the grant of a pilot licence or a rating on a pilot licence in an aeroplane of that kind or an approved flight simulator for the aeroplane; or
(c) the pilot must have successfully c ompleted a proficiency check, in accordance with the requirements prescribed by the Part 135 Manual Standards, for the aeroplane .
Note: For other recent experience requirements, see Part 61.
Requirements for flights at night
(4) The recent experience required for a flight at night is that, within 90 days before the flight:
(a) the pilot must have carried out, at night in an aeroplane of that kind or under night time conditions in an approved flight simulator for the aeroplane:
(i) at least 3 take-offs followed by climbs to at least 500 ft AGL while controlling the aeroplane or simulator; and
(ii) at least 3 landings while controlling the aeroplane or simulator; or
(b) the pilot must have passed a flight test for the grant of a pilot licence or a rating on a pilot licence in an aeroplane of that kind or an approved flight simulator for the aeroplane; or
(c) the pilot must have successfully c ompleted a proficiency check, in accordance with the requirements prescribed by the Part 135 Manual Standards, for the aeroplane .
Offence
(5) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).