Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) an experimental certificate 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 experimental certificate must be in force;
(b) if the experimental certificate 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 or a balloon transport operation;
(d) the flight must be either:
(i) for a purpose mentioned in regulation 21.191 for which the experimental certificate for the aircraft was issued; or
(ii) an operation of a kind mentioned in regulation 91.880;
(e) either:
(i) the flight must take place by day and under the VFR; or
(ii) the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph;
(f) if the flight is over a populous area--the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;
(g) if the flight is over a public gathering--the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;
(h) if the aircraft's experimental certificate is subject to a condition limiting the area within which the aircraft may be flown--the flight must take place within that area;
(i) if the aircraft is carrying a passenger:
(i) the total number of persons on board the aircraft for the flight must not be more that the number of persons allowed under regulation 91.885; and
(ii) each passenger must be notified before boarding the aircraft that the design, manufacture and airworthiness of the aircraft are not required to meet any standards recognised by CASA; and
(iii) a placard that complies with the requirements prescribed by the Part 91 Manual of Standards must be displayed inside the aircraft;
(j) if the aircraft is carrying a person who is not a crew member whose presence is essential to the operation of the aircraft--it has been shown that the aircraft:
(i) is controllable throughout its normal range of speeds and throughout all the manoeuvres to be executed; and
(ii) has no hazardous operating characteristics or design features.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).