Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.745

  (1)   The pilot in command of a multi - engine aeroplane for a flight contravenes this subregulation   if, during the flight:

  (a)   an engine failure is simulated; and

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

  (2)   The requirement is that one of the following must apply to the aeroplane:

  (a)   the aeroplane must be type certificated to carry not more than 9 passengers, or must have a maximum take - off weight of not more than 8,618 kg;

  (b)   for an aeroplane that is type certificated to carry more than 9 passengers but not more than 19 passengers:

  (i)   there must be no flight simulator for the type of aeroplane in Australia; or

  (ii)   if subparagraph   (i) does not apply--the operator must hold an approval from CASA under regulation   91.045 to simulate the failure of the engine;

  (c)   for an aircraft that is type certificated to carry more than 19 passengers:

  (i)   there must be no flight simulator for the type of aeroplane in Australia; and

  (ii)   there must be no flight simulator approved by a recognised national aviation authority in a foreign country for the type of aeroplane; and

  (iii)   if subparagraphs   (i) and (ii) do not apply--the operator must hold an approval from CASA under regulation   91.045 to simulate the failure of the engine;

  (d)   the aeroplane must be conducting a flight of the following kind in accordance with the requirements in Subpart   91.T for the kind of flight:

  (i)   a test flight of an aircraft for which a provisional certificate of airworthiness is in force;

  (ii)   if a special flight permit allows the aeroplane to simulate a failure of the engine--a flight under the special flight permit;

  (iii)   if an experimental certificate allows the aeroplane to simulate a failure of the engine--a flight under the experimental certificate.

  (3)   An application for an approval mentioned in subparagraph   (2)(b)(ii) or (2)(c)(iii) must include a safety risk management plan.

  (4)   A person commits an offence if the person contravenes subregulation   (1).

Penalty:   50 penalty units.