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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.715

Causing or simulating failure of flight instruments

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

  (a)   the failure of an instrument of any of the following kinds is caused or simulated:

  (i)   an attitude indicator;

  (ii)   a gyrocompass or an equivalent instrument;

  (iii)   an airspeed indicator;

  (iv)   an altimeter; and

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

  (2)   The requirements are the following:

  (a)   the flight must be conducted for the purpose of pilot training, checking or testing;

  (b)   only crew members that are required for the training, checking or testing are carried on the flight;

  (c)   a person who is authorised to pilot the aircraft under Part   61, by a Part   103 ASAO or by a Part   131 pilot authorisation (or in the case of a foreign aircraft, under the law of the aircraft's State of registry or the State of the operator):

  (i)   must occupy a pilot seat fitted with a fully functioning set of flight controls; and

  (ii)   if the flight is in IMC or at night--must have a clear view of an operative instrument of the same kind as the instrument subjected to failure or simulated failure.

  (3)   Subregulation (1) does not apply if the pilot in command is carrying out:

  (a)   a maintenance test flight; or

  (b)   a procedure to diagnose or isolate a failure of an instrument or system.

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


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