Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.200

  (1)   The operator and the pilot in command of an aircraft for a flight each contravene this subregulation   if:

  (a)   during the flight, a person is carried on or in:

  (i)   a part of the aircraft that is not designed to carry crew members or passengers; or

  (ii)   a thing attached to the aircraft; and

  (b)   neither the operator nor the pilot in command of the aircraft holds an approval under regulation   91.045 to carry the person on or in that part of the aircraft or that thing during the flight.

Note:   This regulation does not apply to the operation of an aircraft if regulation   138.410 applies to the operation: see regulation   91.035.

  (2)   Subregulation (1) does not apply to the temporary carriage of a crew member in a part of the aircraft that is not designed to accommodate crew members or passengers if:

  (a)   the carriage of the crew member in that part of the aircraft is for the purpose of doing anything for the safety of the aircraft or any person or cargo carried in it; or

  (b)   both:

  (i)   goods or stores are carried in that part of the aircraft; and

  (ii)   there is a proper means of access for crew members to the goods or stores.

  (2A)   Subregulation (1) does not apply if:

  (a)   the aircraft is being operated to facilitate a parachute descent; and

  (b)   the requirements prescribed by the Part   105 Manual of Standards are met.

  (3)   A person commits an offence of strict liability if the person contravenes subregulation   (1).

Penalty:   50 penalty units.

Note:   A defendant bears an evidential burden in relation to the matters in subregulation   (2) or (2A): see subsection   13.3(3) of the Criminal Code .