Commonwealth Consolidated Regulations

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Light sport aircraft--pilots

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

                     (a)  a special certificate of airworthiness for light sport aircraft has been issued for the aircraft; and

                     (b)  the aircraft begins the 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)  the aircraft is operated for the flight:

                              (i)  under Part 91 or Part 103; or

                             (ii)  for flying training;

                     (c)  a placard that complies with the requirements prescribed by the Part 91 Manual of Standards must be displayed inside the aircraft;

                     (d)  each person who boards the aircraft must be notified of the contents of the placard mentioned in paragraph (c);

                     (e)  the aircraft operating instructions issued for the aircraft (including instructions for necessary equipment in the aircraft manufacturer's equipment list for the aircraft) must be complied with;

                      (f)  any safety direction or requirement issued by the aircraft's manufacturer must be complied with.

             (3)  Paragraph (2)(e) or (f) does not apply if the operation of the aircraft in contravention of the instruction, direction or requirement has been approved by the aircraft's manufacturer.

             (4)  For subregulations (2) and (3), if the manufacturer of the aircraft:

                     (a)  no longer exists; or

                     (b)  can no longer provide instructions for the continuing airworthiness of the aircraft;

references to the manufacturer of the aircraft include references to an authorised person appointed by CASA to perform the functions of the manufacturer in relation to the continuing airworthiness of the aircraft.

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

Penalty:  50 penalty units.

Note:          A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code .

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