Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 235

235. (1) The Authority may, for the purposes of these Regulations, give
directions setting out the method of estimating, with respect to an aircraft
at anytime:

   (a)  the weight of the aircraft, together with the weight of all persons
        and goods (including fuel) on board the aircraft, at that time; and

   (b)  the centre of gravity of the aircraft at that time.

(2) The Authority may, for the purpose of ensuring the safety of air
navigation, give directions setting out the manner of determining, with
respect to a proposed flight of an aircraft:

   (a)  a maximum weight, being a weight less than the maximum take-off weight
        of the aircraft; or

   (b)  a maximum weight, being a weight less than the maximum landing weight
        of the aircraft; that the gross weight of the aircraft at take-off or
        landing, as the case may be, is not to exceed.

(3) A manner of determining a maximum weight referred to in subregulation (2)
shall be such as to take into account such of the following considerations as
the Authority considers appropriate:

   (a)  the type of aircraft;

   (b)  the kind of operations to be carried out during the flight;

   (c)  the performance of the aircraft in configurations in which it is
        likely to be flown and with faults that are likely to occur;

   (d)  the meteorological conditions at the aerodrome at which the aircraft
        is to take off or land;

   (e)  the altitude of the aerodrome at which the aircraft is to take off or
        land;

   (f)  the aerodrome dimensions in the direction in which the aircraft is to
        take off or land;

   (g)  the material of which the surface of the aerodrome in the direction in
        which the aircraft is to take off or land is constituted and the
        condition and slope of that surface;

   (h)  the presence of obstacles in the vicinity of the flight path along
        which the aircraft is to take off, approach or land;

        (i)    the anticipated meteorological conditions over the intended
               route to be flown by the aircraft after take-off and over
               planned divergencies from that route; and

   (j)  the altitude of the terrain along and on either side of the intended
        route to be flown by the aircraft after take-off and of planned
        divergencies from that route.

(4) An aircraft shall not take off, or attempt to take off, if its gross
weight exceeds its maximum take-off weight or, if a lesser weight determined
in accordance with a direction under subregulation (2) is applicable to the
take-off, that lesser weight.

(5) An aircraft shall not take off, or attempt to take off, if its gross
weight exceeds, by more than the weight of fuel that would normally be used in
flying to its next landing place or planned alternative aerodrome, its maximum
landing weight or, if a lesser weight determined in accordance with a
direction under subregulation (2) is applicable to the landing at that place
or aerodrome, that lesser weight.

(6) Except in an emergency, an aircraft shall not land if its gross weight
exceeds its maximum landing weight or, if a lesser weight determined in
accordance with a direction under subregulation (2) is applicable to the
landing, that lesser weight.

(7) The Authority may, for the purpose of ensuring the safety of air
navigation, give directions with respect to the method of loading of persons
and goods (including fuel) on aircraft.

(8) An aircraft shall not take off, or attempt to take off, unless any
directions with respect to the loading of the aircraft given under this
regulation have been complied with.

(9) The load of an aircraft throughout a flight shall be so distributed that
the centre of gravity of the aircraft falls within the limitations specified
in its certificate of airworthiness or its flight manual.

(10) A direction given under this regulation does not have effect in relation
to a person until it has been served by post on the person or has otherwise
been brought to his or her attention.

(11) The Authority may exempt an aircraft from any of the requirements imposed
by this regulation.