Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.405

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

  (a)   the aircraft is part of aerodrome traffic at a controlled aerodrome; and

  (b)   a requirement mentioned in subregulation   (2) is not met.

  (2)   The requirements are the following:

  (a)   a continuous watch for instructions given visually by Air Traffic Services for the aerodrome using standard visual signals must be maintained;

  (b)   if a continuous listening watch on the frequency specified in the authorised aeronautical information for the flight for communications with Air Traffic Services for the aerodrome can be maintained--the continuous listening watch must be maintained;

  (c)   authorisation to conduct a manoeuvre preparatory to, or associated with, taxiing, landing or take - off must be obtained from Air Traffic Services for the aerodrome before the manoeuvre is conducted.

  (3)   The pilot in command of an aircraft (other than a Part   131 aircraft) for a flight contravenes this subregulation   if:

  (a)   the aircraft is part of aerodrome traffic at a controlled aerodrome; and

  (b)   a requirement mentioned in subregulation   (4) is not met.

  (4)   The requirements are the following:

  (a)   if the aircraft takes off from the aerodrome and a change to the aircraft's track is not necessary to avoid the terrain--the aircraft must maintain the same track from the take - off until the aircraft is 500 ft AGL;

  (b)   if the aircraft joins the circuit pattern for the aerodrome for a landing--the aircraft must, after joining the circuit pattern, make all turns in the direction of the circuit pattern;

  (c)   if the aircraft takes off from the aerodrome--the aircraft must, after taking off, make all turns in the direction of the circuit pattern while the pilot is flying in the circuit pattern for the aerodrome.

  (5)   Subregulation (3) does not apply if:

  (a)   Air Traffic Services for the aerodrome instructed or permitted the pilot to engage in the conduct that would otherwise result in the contravention of that subregulation; or

  (b)   the aircraft is being flown in accordance with an authorised instrument departure procedure or an authorised instrument approach procedure.

  (6)   A person commits an offence of strict liability if the person contravenes subregulation   (1) or (3).

Penalty:   50 penalty units.

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