Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.265

  (1)   This regulation applies to a transport category aeroplane that:

  (a)   is an aeroplane to which this Subpart applies; and

  (b)   was originally certificated on or after 1   January 1958; and

  (c)   is engaged in scheduled air transport operations.

  (2)   The registered operator of the aeroplane commits an offence if:

  (a)   the registered operator:

  (i)   operates the aeroplane; or

  (ii)   permits a person to operate the aeroplane; and

  (b)   a requirement in subregulation   (3) is not met while the aeroplane is operating.

Penalty:   50 penalty units.

  (3)   If the aeroplane has a Class D cargo or baggage compartment, the compartment must meet:

  (a)   for a passenger - carrying aeroplane--the standards for a Class C cargo or baggage compartment set out in FARs paragraph   25.857(c) and section   25.858; or

  (b)   for any other aeroplane--the standards for a Class E cargo compartment set out in FARs paragraph   25.857(e).

Source   FARs section   121.314 modified.

  (4)   An offence against subregulation   (2) is an offence of strict liability.