Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.840

Restricted category aircraft--general operating requirements

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  a special certificate of airworthiness in the restricted category has been issued for the aircraft; and

                     (b)  the aircraft begins a flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met for the flight.

             (2)  The requirements are as follows:

                     (a)  the certificate of airworthiness must be in force;

                     (b)  if the certificate of airworthiness is granted subject to a condition or requirement--the condition or requirement must be complied with;

                     (c)  the flight must not be an air transport operation;

                     (d)  the flight must be an operation of a kind mentioned in regulation 91.845;

                     (e)  a person may only be carried on the flight who is:

                              (i)  a crew member; or

                             (ii)  if the flight is a special purpose operation--a person who is needed to accomplish a work activity directly associated with the special purpose operation for which the certificate of airworthiness was issued; or

                            (iii)  a person carried as part of an operation mentioned in paragraph 91.845(1)(j).

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.



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