(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) a person or thing is picked up or set down by the aircraft during the flight; and
(b) the requirement mentioned in subregulation (2) is not met.
Note: This regulation does not apply to the operation of an aircraft if regulation 138.410 applies to the operation: see regulation 91.035.
(2) The requirement is that:
(a) the pilot in command must hold an approval under regulation 91.045 for the person or thing to be picked up or set down during the flight; or
(b) another provision of these Regulations must permit the person or thing to be picked up or set down during the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).