Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.390

  (1)   The pilot in command of an aircraft (other than a rotorcraft, a glider or a powered parachute) for a flight contravenes this subregulation   if:

  (a)   the aircraft is operated on the manoeuvring area of, or in the vicinity of, a non - controlled aerodrome; and

  (b)   the pilot does not, after take - off, maintain the same track from the take - off until the aircraft is 500 ft AGL.

  (2)   Subregulation (1) does not apply to the pilot in command of a seaplane or amphibian if the pilot in command contravenes the subregulation   only to the extent necessary:

  (a)   to avoid an obstacle; or

  (b)   to avoid undue noise over a populated area without compromising the aircraft's safety; or

  (c)   for a single engine seaplane or amphibian--to enable the aircraft to land on water if its engine fails.

  (3)   Subregulation (1) does not apply to the pilot in command of an aircraft if a change to the track is necessary to avoid the terrain.

  (4)   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 (3): see subsection   13.3(3) of the Criminal Code .