Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.725

Training flight limitations etc.

  (1)   In this regulation:

"permitted person" , in relation to an aircraft, means:

  (a)   a crew member of the aircraft; or

  (b)   a person authorised by the operator of the aircraft to conduct an audit of the operation involved, or to supervise it; or

  (c)   an authorised officer carrying out an examination, inspection or test of the work of the aircraft's crew under these Regulations.

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

  (a)   a person other than a permitted person is carried on the aircraft; and

  (b)   the pilot in command permits any of the following:

  (i)   flight training for a flight crew member who does not hold a class rating or type rating for the aircraft;

  (ii)   the simulation (other than verbally) of an emergency or abnormal situation that may affect the handling characteristics of the aircraft;

  (iii)   training below 500 ft AGL (other than training for take - off and landing);

  (iv)   training mentioned in Part   61 for a low - level rating, an aerial application rating, an aerobatic endorsement or a spinning endorsement, or training for an equivalent qualification under a law of a foreign country.

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

  (a)   a person other than the following is carried on the aircraft:

  (i)   a permitted person;

  (ii)   a member of the aircraft's maintenance personnel who is required, as part of the member's duties, to be on the aircraft; and

  (b)   the pilot in command permits a test of the aircraft, or any of its instruments, indicators, items of equipment or systems (other than a test of the aircraft during the course of checks associated with the normal operation of the aircraft).

  (4)   The pilot in command of an aircraft for a flight contravenes this subregulation   if:

  (a)   for a flight for which the activity mentioned in subparagraph   (2)(b)(i) is permitted--more than 4 permitted persons, including the pilot, are on the aircraft; or

  (b)   for a flight for which the activity mentioned in subparagraph   (2)(b)(ii) or (iv) is permitted--more than 3 permitted persons, including the pilot, are on the aircraft.

  (5)   A person commits an offence of strict liability if the person contravenes subregulation   (2), (3) or (4).

Penalty:   50 penalty units.



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