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and any conditions subject to which the permission is given.
Penalty: 50 penalty units.
[Note The circumstances in which an authorised flight instructor may give this
permission are set out in regulations 5.67 to 5.74 inclusive.]
(3) A student pilot must not fly an Australian aircraft as pilot in command
outside Australian territory.
Penalty: 10 penalty units.
(3A) An offence against subregulation (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3B) It is a defence to a prosecution under subregulation (3) if the defendant
had the permission of CASA.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (3B) (see subsection 13.3 (3) of the Criminal Code).
(4) CASA may permit a student pilot to fly an Australian aircraft as pilot
in command outside Australian territory.
5.67 What training is required before an instructor may permit a
student to fly as pilot in command?
(1) An authorised flight instructor must not permit a student pilot to fly an
aircraft as pilot in command if each of the following requirements is
not satisfied:
(a) the student pilot has received flying training from an authorised
flight instructor in the type of aircraft concerned;
(b) the student pilot has satisfied the requirements of the flight
radiotelephone operator licence syllabus that are relevant to the
proposed flight;
(c) if the aircraft is an aeroplane—the student pilot has satisfied the
requirements of the aeroplane syllabus that are relevant to the
proposed flight;
(d) if the aircraft is a helicopter—the student pilot has satisfied the
requirements of the helicopter syllabus that are relevant to the
proposed flight;
(e) if the aircraft is a gyroplane—the student pilot has satisfied the
requirements of the gyroplane syllabus that are relevant to the
proposed flight;
(f) if the aircraft is an airship—the student pilot has satisfied the
requirements of the airship syllabus that are relevant to the
proposed flight;
(g) the student pilot can safely fly the aircraft as pilot in command on
the proposed flight.
Penalty: 50 penalty units.
176 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
5.68 What kind of aircraft may an instructor permit a student to fly
as pilot in command?
(1) An authorised flight instructor may permit a student pilot to fly an
aircraft as pilot in command only if:
(a) the aircraft is of a type:
(i) in which the student pilot has received flying training; and
(ii) that the student pilot can safely fly as pilot in command; or
(b) if the student pilot has passed a general flying progress flight test
for the category of aircraft that the student proposes to fly:
(i) the student holds a type endorsement or a class
endorsement for the aircraft; and
(ii) if the aircraft is an aeroplane that has a special design
feature—the student holds a special design feature
endorsement for the aeroplane.
Penalty: 50 penalty units.
[Note Requirements to qualify for type, class and special design feature
endorsements are set out in the Civil Aviation Orders.]
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
5.69 Where may an instructor permit a student to fly as pilot in
command?
(1) An authorised flight instructor must not permit a student pilot to fly an
aircraft as pilot in command if the flight is not:
(a) in a traffic pattern; or
(b) if the student has flown 2 hours of flight time in a traffic pattern
as pilot in command of an aircraft of the category used for the
flight—within the student pilot area limit; or
(c) if the aircraft is being flown for the purposes of cross-country
training—along a route specified by the instructor.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Civil Aviation Regulations 1988 177
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
5.70 How many consecutive hours may an instructor permit a
student to fly as pilot in command?
(1) An authorised flight instructor must not permit a student pilot to fly as
pilot in command of an aircraft:
(a) if the student has not passed a general flying progress flight test
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