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specified in the invitation or permission.
Civil Aviation Regulations 1988 319
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
138 Pilot to comply with requirements, etc of aircraft’s flight
manual, etc
(1) If a flight manual has been issued for an Australian aircraft, the pilot
in command of the aircraft must comply with a requirement,
instruction, procedure or limitation concerning the operation of the
aircraft that is set out in the manual.
Penalty: 50 penalty units.
(2) If a flight manual has not been issued for an Australian aircraft and,
under the relevant airworthiness standards for the aircraft, the
information and instructions that would otherwise be contained in an
aircraft’s flight manual are to be displayed either wholly on a placard,
or partly on a placard and partly in another document, the pilot in
command of the aircraft must comply with a requirement, instruction,
procedure or limitation concerning the operation of the aircraft that is
set out:
(a) on the placard; or
(b) on the placard or in the other document.
Penalty: 50 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
139 Documents to be carried in Australian aircraft
(1) Subject to subregulation (2), the pilot in command of an aircraft, when
flying, must carry on the aircraft:
Note For strict liability, see section 6.1 of the Criminal Code.
(a) its certificate of registration;
(b) its certificate of airworthiness;
(c) unless CASA otherwise approves, its maintenance release and
any other document approved for use as an alternative to the
maintenance release for the purposes of a provision of these
Regulations;
(d) unless CASA otherwise approves, the licences and medical
certificates of the operating crew ;
(e) the flight manual (if any) for the aircraft ;
(f) any licence in force with respect to the radio equipment in the
aircraft;
(g) if the aircraft is carrying passengers—a list of the names, places
of embarkation and places of destination of the passengers;
(h) if the aircraft is carrying cargo—the bills of lading and manifests
with respect to the cargo.
Penalty: 10 penalty units.
320 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(2) An aircraft operating wholly within Australian Territory is not
required, when flying, to carry a document specified in paragraph
(1) (a), (b), (f) or (g).
(3) An aircraft that is operated under an AOC need not carry its flight
manual when flying if it carries on board an operations manual that:
(a) contains the information and instructions that are required, under
the relevant airworthiness standards for the aircraft, to be
included in the flight manual; and
(b) does not contain anything that conflicts with the information or
instructions.
(4) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(5) It is a defence to a prosecution under subregulation (1) if the flight was
authorised by:
(a) a permission to fly under regulation 317; or
(b) a special flight permit issued under regulation 21.197 of CASR.
Note A defendant bears an evidential burden in relation to the matters in
subregulation (5) (see subsection 13.3 (3) of the Criminal Code).
140 Prohibited, restricted and danger areas
(4) The pilot in command of an aircraft must not fly the aircraft over a
prohibited area.
Penalty: 25 penalty units.
(5) The pilot in command of an aircraft must not fly the aircraft over a
restricted area if the flight is not in accordance with conditions
specified in the notice declaring the area to be a restricted area.
Penalty: 25 penalty units.
Civil Aviation Regulations 1988 321
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(6) If the pilot in command of an aircraft finds that the aircraft is over a
prohibited area or a restricted area in contravention of subregulation
(4) or (5), the pilot must:
(a) immediately have the aircraft flown to a position where it is not
over the area; and
(b) when the aircraft reaches a position where it is not over the area,
report the circumstances to air traffic control; and
(c) land at such aerodrome as is designated by air traffic control and,
for that purpose, obey any instructions given by air traffic control
as to the movement of the aircraft.
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