Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.705

Flight in icing conditions--adherence of frost, ice or snow

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft begins the flight, frost, ice or snow is adhering to any of the aircraft's wings, flaps, control surfaces, rotors, propellers, horizontal stabilisers or vertical stabilisers.

             (2)  The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft begins a flight:

                     (a)  the aircraft has frost, ice or snow adhering to the top of the aircraft's fuselage; and

                     (b)  either:

                              (i)  the aircraft has rear-mounted engines; or

                             (ii)  the adherence of the frost, ice or snow to the top of the aircraft's fuselage is a hazard to the safe operation of the aircraft for the flight.

             (3)  Subregulation (1) or (2) does not apply if the take-off for the flight is conducted in accordance with the aircraft flight manual instructions for the aircraft that relate to taking off under the conditions mentioned in that subregulation.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

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 .



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