Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.305

Minimum heights--IFR flights

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

  (a)   the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation   (2); and

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

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 minimum height is the lowest of the following for the route or route segment:

  (a)   the published lowest safe altitude for the route or route segment (if any);

  (b)   the minimum sector altitude published in the authorised aeronautical information for the flight (if any);

  (c)   the lowest safe altitude for the route or route segment.

  (3)   The circumstances are the following:

  (a)   the aircraft is taking off or landing;

  (b)   the aircraft is being flown in accordance with:

  (i)   requirements relating to visual approach or departure procedures published in the authorised aeronautical information for the flight; or

  (ii)   an authorised instrument departure procedure or an authorised instrument approach procedure; or

  (iii)   an air traffic control clearance;

  (c)   the aircraft is being flown in VMC by day.

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

Penalty:   50 penalty units.


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