Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.335

Aircraft with right of way to maintain heading and speed

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

  (a)   there is a risk of collision with another aircraft; and

  (b)   the aircraft has right of way over the other aircraft (in accordance with regulation   91.330); and

  (c)   the aircraft's heading and speed is not maintained until there is no longer a risk of collision.

Overtaking aircraft to keep clear and to right

  (2)   The pilot in command of an aircraft contravenes this subregulation   if, when the aircraft is overtaking another aircraft (whether in the course of climbing, descending or in level flight), the pilot does not:

  (a)   keep the aircraft out of the way of the other aircraft, even if the other aircraft alters course while being overtaken; and

  (b)   fly the aircraft so that it passes to the right of the other aircraft and remains on the right until clear of the other aircraft.

Aircraft approaching head on to alter heading to right

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

  (a)   the aircraft and another aircraft are approaching in the air head on or approximately so; and

  (b)   there is a risk of collision; and

  (c)   the aircraft's heading is not altered to the right.

Aircraft giving way not to create collision risk

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

  (a)   the aircraft is required to give way to another aircraft:

  (i)   by a right of way rule in regulation   91.330; or

  (ii)   by an additional right of way rule in subregulation   (1), (2) or (3) of this regulation; or

  (iii)   by an additional right of way rule in regulation   91.340; and

  (b)   the aircraft is flown so that it passes ahead of the other aircraft, or directly over or under it, so closely that there is a risk of collision.

Exceptions

  (5)   Subregulation (1), (2), (3) or (4) does not apply if it is necessary, in order to avoid a collision with an aircraft, to not comply with the subregulation.

  (5A)   Paragraph   (2)(b) does not apply if:

  (a)   the aircraft is a glider engaged in ridge or hill soaring; and

  (b)   the pilot flies the aircraft so that it passes between the ridge or hill and the other aircraft.

  (6)   Subregulation (4) does not apply if, as a result of a command of the aircraft's airborne collision avoidance system, the pilot was manoeuvring the aircraft to the extent necessary to ensure the safety of the aircraft.

Offence

  (7)   A person commits an offence of strict liability if the person contravenes subregulation   (1), (2), (3) or (4).

Penalty:   50 penalty units.

Note:   A defendant bears an evidential burden in relation to the matters in subregulation   (5), (5A) or (6): see subsection   13.3(3) of the Criminal Code .