Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.267

Minimum height rules--other areas

  (1)   This regulation applies if an aircraft is flown other than over a populous area or a public gathering.

Note:   This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations   133.167 and 138.275.

  (2)   The pilot in command of an aircraft for a flight contravenes this subregulation   if, during the flight:

  (a)   the aircraft is flown below 500 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the aircraft; and

  (b)   none of the circumstances mentioned in subregulation   (3) applies.

  (3)   The circumstances are the following:

  (a)   the aircraft is taking off or landing in circumstances prescribed by the Part   91 Manual of Standards;

  (b)   the aircraft is engaged in a missed approach;

  (c)   the aircraft:

  (i)   is not carrying passengers; and

  (ii)   is engaged in a practice emergency procedure at an aerodrome;

  (d)   the aircraft:

  (i)   is not carrying passengers; and

  (ii)   is engaged in a practice forced landing procedure with the consent of the person or authority having control over the land or water above which the procedure is carried out;

  (e)   the aircraft:

  (i)   is being operated by a Part   141 operator to conduct low - flying flight training or by a Part   142 operator to conduct a low - flying activity; and

  (ii)   is being flown over an area that, with the consent of the person or authority with control of the area, has been determined by the operator to be a suitable flight training area for the training and has been surveyed by the pilot in command for obstacles before the flight; and

  (iii)   is not carrying passengers;

  (f)   the aircraft is performing training circuits at an aerodrome;

  (g)   the pilot holds an approval for the purposes of regulation   91.180 (air displays in Australian territory);

  (h)   all of the following apply:

  (i)   the pilot in command of the aircraft is authorised under Part   61, or holds an approval under regulation   91.045, to fly the aircraft below the height mentioned in paragraph   (2)(a);

  (ii)   the pilot in command of the aircraft conducts a risk assessment of the area to be flown over;

  (iii)   the point on the ground or water vertically below the aircraft is not within 150 m of a person, vessel, vehicle or structure or of livestock;

  (i)   for a rotorcraft--the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;

  (j)   for a rotorcraft, seaplane or amphibian--the aircraft is flying within an access lane:

  (i)   that is for use by aircraft taking off from, or landing at, a particular place; and

  (ii)   details of which are published in the authorised aeronautical information for the flight;

  (k)   the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.

  (4)   A person commits an offence of strict liability if the person contravenes subregulation   (2).

Penalty:   50 penalty units.



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