Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.425

  (1)   A person contravenes this subregulation   if:

  (a)   the person starts the engine of an aeroplane, or causes the engine to be started, while the aeroplane is on the ground; and

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

  (2)   The requirements are the following:

  (a)   the person who starts the engine or causes the engine to be started must be:

  (i)   if the aeroplane is an Australian aircraft--a person authorised to pilot the aeroplane under Part   61 or a person authorised to taxi the aeroplane under Part   64; or

  (ii)   if the aeroplane is a foreign registered aircraft--a person qualified to pilot or taxi the aeroplane under the law of the aeroplane's State of registry or the State of the operator; or

  (iii)   a person of a kind prescribed by the Part   91 Manual of Standards; and

  (b)   if subparagraph   (a)(iii) applies--the aeroplane must be secured from moving.

  (3)   Subregulation (1) does not apply if:

  (a)   the person starting the engine of the aeroplane is hand - starting the propeller of the aeroplane; and

  (b)   assistance is not readily available; and

  (c)   adequate provision is made to prevent the aeroplane moving forward; and

  (d)   no person is on board the aircraft.

  (4)   A person contravenes this subregulation   if:

  (a)   the person operates an aeroplane on the ground, or causes an aeroplane to be operated on the ground; and

  (b)   the person permits another person to board the aeroplane or to remain on the aeroplane while a pilot seat of the aeroplane is not occupied by a person who is competent to apply the brakes and control the engine.

  (5)   For the purposes of paragraph   (4)(b), a person is competent to apply the brakes and control the engine of an aeroplane if:

  (a)   the person has been given instructions on how, and assessed as competent, to apply the brakes and control the engine (including how to shut the engine down) by another person; or

  (b)   the person is authorised under Part   61 or Part   64 to taxi the aeroplane; or

  (c)   if the aeroplane is a foreign registered aircraft--the person is qualified to pilot or taxi the aeroplane under the law of the aeroplane's State of registry or the State of the operator.

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

Penalty:   50 penalty units.

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