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for the category of aircraft that the student proposes to fly—for
more than 3 consecutive hours of flight time in aircraft of that
category; or
(b) if the student has passed a general flying progress flight test for
the category of aircraft that the student proposes to fly—for more
than 15 consecutive hours of flight time in aircraft of that
category;
if, after each period of 3 or 15 hours, as the case requires, the student
has not undertaken dual flying in an aircraft of that category.
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.
5.71 What recent experience must a student have for an instructor
to permit the 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) if the student has not passed a general flying progress flight test
for the category of aircraft that the student proposes to fly—
within the period of 30 days immediately before the day of the
proposed flight, the student has:
(i) flown as pilot in command of; or
(ii) undertaken dual flying in;
an aircraft of that category; or
(b) if the student has passed a general flying progress flight test for
the category of aircraft that the student proposes to fly—within
the period of 90 days immediately before the day of the proposed
flight, the student has:
(i) flown as pilot in command of; or
(ii) undertaken dual flying in;
an aircraft of that category.
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.
178 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
5.72 May an instructor permit a student to carry passengers while
flying as pilot in command?
(1) An authorised flight instructor must not permit a student pilot to fly as
pilot in command of an aircraft in which a passenger is carried.
Penalty: 50 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.
(3) It is a defence to a prosecution under subregulation (1) if:
(a) the flight takes place solely within the student pilot area limit;
and
(b) the student pilot has passed a general flying progress flight test,
and a basic aeronautical knowledge examination, for aircraft of
the category used for the flight.
Note A defendant bears an evidential burden in relation to the matters mentioned in
subregulation (3) (see subsection 13.3 (3) of the Criminal Code).
5.73 May an instructor permit a student to carry other students
while flying as pilot in command?
(1) An authorised flight instructor must not permit a student pilot to fly as
pilot in command of an aircraft in which another student pilot is a
member of the aircraft’s operating crew if each of the following
requirements is not satisfied:
(a) some part of the flight takes place outside the student pilot area
limit;
(b) the student pilot has flown at least 5 hours of cross-country flight
time as pilot in command of an aircraft of the category used for
the flight;
(c) the student pilot’s most recent cross-country flight as pilot in
command of an aircraft of the category used for the flight was
undertaken as the sole occupant of the aircraft.
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.
5.74 May an instructor permit a student to carry out activities for
which a rating is required?
(1) Subject to subregulation (2), an authorised flight instructor must not
permit a student pilot, in the course of flying an aircraft as pilot in
command, to carry out any activity for which a flight crew rating is
required.
Penalty: 50 penalty units.
[Note Activities for which a flight crew rating is required are set out in
subregulation 5.01 (2).]
Civil Aviation Regulations 1988 179
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) An authorised flight instructor may permit a student pilot to fly an
aircraft as pilot in command at night under the V.F.R. in a traffic
pattern, if:
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