Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.370

Take-off or landing at non-controlled aerodrome--all aircraft

             (1)  This regulation applies to an aircraft (the subject aircraft ) at a non-controlled aerodrome at which a take-off or landing of the aircraft can only occur from or to a runway.

Rules for take-off

             (2)  The pilot in command of the subject aircraft (other than a glider being towed by a glider tug) for a flight contravenes this subregulation if:

                     (a)  the subject aircraft commences to take-off from a runway; and

                     (b)  before taking off, a requirement mentioned in subregulation (3) is not met.

             (3)  The requirements are the following:

                     (a)  if another aircraft is taking off before the subject aircraft from the same runway:

                              (i)  the other aircraft must have crossed the upwind end of the runway; or

                             (ii)  the other aircraft must have commenced a turn; or

                            (iii)  the runway must be longer than 1,800 m and the other aircraft must have become airborne and be at least 1,800 m beyond the proposed point of lift-off of the subject aircraft; or

                            (iv)  the other aircraft and the subject aircraft must both have a maximum take-off weight below 2,000 kg, and the other aircraft must be airborne and at least 600 m beyond the proposed point of lift-off of the subject aircraft;

                     (b)  if another aircraft is landing on the same runway before the subject aircraft--the other aircraft must have vacated the runway;

                     (c)  if another aircraft is landing before the subject aircraft and is using a crossing runway--the other aircraft must have crossed, or must have stopped short of, the runway the subject aircraft is taking off from.

Rules for landing

             (4)  The pilot in command of the subject aircraft (other than a glider) for a flight contravenes this subregulation if:

                     (a)  the subject aircraft continues an approach to land at an aerodrome beyond the threshold of the runway; and

                     (b)  before landing, a requirement mentioned in subregulation (5) is not met.

Note:          Regulation 91.055 prohibits an aircraft (including a glider) being operated in a manner that creates a hazard to another aircraft, a person or property.

             (5)  The requirements are the following:

                     (a)  if another aircraft is taking off using the same runway before the subject aircraft:

                              (i)  the other aircraft must be airborne and must have commenced a turn; or

                             (ii)  the other aircraft must be beyond the point on the runway at which the subject aircraft could be expected to complete its landing roll, and there must be sufficient distance for the subject aircraft to manoeuvre safely in the event of a missed approach;

                     (b)  if another aircraft is landing on the same runway before the subject aircraft--the other aircraft must have vacated the runway or must be taxiing away from the runway;

                     (c)  if another aircraft is landing before the subject aircraft and is using a crossing runway--the other aircraft must have crossed, or must have stopped short of, the runway the subject aircraft is landing on.

Application of rules where gliders or glider tugs operate

             (6)  At an aerodrome where gliders or glider tugs operate to a common circuit pattern from a parallel strip outside the runway strip:

                     (a)  subregulations (2) and (4) apply to an aircraft taking off or landing, respectively, on either the runway or the parallel strip as if the runway and the strip were a single runway; but

                     (b)  aircraft taxiing or stationary on either the runway or the parallel strip are taken not to affect operations on the other.

Exception

             (7)  Subregulation (2) or (4) does not apply if:

                     (a)  the aircraft is taking off or landing at an aerodrome where gliders or glider tugs operate to a contra-circuit pattern on both a runway and a parallel strip outside the runway strip; and

                     (b)  simultaneous operations on the runway and the parallel strip are permitted.

Offence

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

Penalty:  50 penalty units.

Note:          A defendant bears an evidential burden in relation to the matters in subregulation (7): see subsection 13.3(3) of the Criminal Code .



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