(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) during the flight, IMC are simulated; and
(b) a requirement mentioned in subregulation (2) is not met.
(2) The requirements are the following:
(a) a pilot (the safety pilot ) must:
(i) occupy a pilot seat fitted with fully functioning flight controls; and
(ii) have adequate vision forward and to each side of the aircraft;
(b) a pilot (the second pilot ) flying the aircraft under simulated IMC must occupy a pilot seat fitted with fully functioning flight controls;
(c) the safety pilot must be authorised or qualified to pilot the aircraft:
(i) for an Australian aircraft--under Part 61; or
(ii) for a foreign registered aircraft--under the law of the aircraft's State of registry or the State of the operator .
Note: If the flight manual for an aircraft requires that it be flown by 2 pilots, Part 61 requires both pilots to have a type rating for the aircraft.
(3) A person commits an offence if the person contravenes subregulation (1).
Penalty: 50 penalty units.