(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) the aircraft is hot fuelled for the flight; and
(b) the following are not set out in the aircraft flight manual instructions for the aircraft:
(i) procedures for the hot fuelling of the aircraft;
(ii) the circumstances in which the aircraft can be hot fuelled;
(iii) the procedures to be followed if an emergency occurs during hot fuelling.
Note: This regulation does not apply to the operation of an aircraft if regulation 138.300 applies to the operation: see regulation 91.035.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) a requirement of a procedure mentioned in subparagraph (1)(b)(i) or (iii) is not met in relation to the fuelling of the aircraft for the flight; or
(b) the aircraft is fuelled in a circumstance that is not mentioned in subparagraph (1)(b)(ii).
(3) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) the aircraft is hot fuelled; and
(b) before the hot fuelling begins, a person who is directly involved with the hot fuelling has not been briefed about compliance with the procedures and circumstances mentioned in paragraph (1)(b).
(4) A person commits an offence of strict liability if the person contravenes subregulation (1), (2), or (3).