Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The pilot in command of a multi - engine aeroplane for a flight contravenes this subregulation if:
(a) the flight is:
(i) in IMC; or
(ii) at night; and
(b) a failure of one of the aeroplane's engines is simulated during the flight; and
(c) a requirement mentioned in subregulation (2) is not met.
(2) The requirements are the following:
(a) the pilot in command must hold a flight instructor rating, flight examiner rating or other authorisation under these Regulations that authorises the activity of simulating an engine failure;
(b) the flight must be conducted for the purpose of pilot training, checking or testing;
(c) only flight crew members are carried on the flight;
(d) the pilot in command must brief the pilot under instruction before the simulation and must supervise the simulation;
(e) for an aeroplane flown in IMC that is not conducting an approach to land mentioned in paragraph (f)--the aeroplane must be at or above the minimum height mentioned in subregulation 91.305(2);
(f) for an aeroplane conducting an asymmetric instrument approach and missed approach:
(i) the simulation must be initiated above the initial approach altitude; and
(ii) the flight must be conducted with visual reference to the terrain when below a height of 1,000 ft above the relevant minima according to the aeronautical chart in use for the approach;
(g) for an aeroplane flown at night in VMC--the aeroplane must be flown:
(i) if the aeroplane is not conducting an approach to land or within the circling area of an aerodrome--above the minimum height mentioned in subregulation 91.305(2) or 91.277(2) (as the case requires); or
(ii) if the aeroplane is conducting an approach to land and is not within the circling area of an aerodrome--in accordance with an authorised instrument approach procedure; or
(iii) within the circling area of an aerodrome (as determined in accordance with the method specified in the authorised aeronautical information for the flight for determining the circling area for the aerodrome);
(h) for an aeroplane flown at night in VMC--the simulation must be initiated at or above circuit height and not below 1,000 ft AGL;
(i) the simulation must be carried out in accordance with procedures specified in:
(i) the aircraft flight manual instructions for the aeroplane (if any); or
(ii) if procedures are not specified in the aircraft flight manual instructions for the aeroplane, and the operator of the aeroplane is required to have an exposition by these Regulations--the exposition; or
(iii) if procedures are not specified in the aircraft flight manual instructions for the aeroplane, and the operator of the aeroplane is not required to have an exposition by these Regulations--the operator's operations manual.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).