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(a) the pilot in command had the written permission of CASA for the
towing; and
(b) the towing was done in accordance with the directions (if any)
specified in the permission.
Note A defendant bears an evidential burden in relation to the matters in
subregulation (5) (see subsection 13.3 (3) of the Criminal Code).
150 Dropping of articles
(1) Subject to this regulation, the pilot in command of an aircraft in flight
shall not permit anything to be dropped from the aircraft.
Penalty: 25 penalty units.
(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) Nothing in this regulation shall prevent:
(a) the dropping of packages or other articles or substances:
(i) in the course of agricultural operations; or
(ii) in the course of cloud seeding operations; or
(iii) in the course of firefighting operations; or
(iv) to initiate controlled burning; or
(v) in the course of search and rescue operations; or
(vi) to deliver emergency medical supplies; or
(vii) to deliver emergency food supplies; or
(viii) in the course of other operations;
in accordance with directions issued by CASA;
(ix) to ensure the safety of the aircraft as far as practicable; and
(x) to minimise hazard to persons, animals or property;
(b) the dropping of ballast in the form of fine sand or water;
324 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(c) the use of apparatus solely for the purpose of navigating an
aircraft where the approval of CASA to the type of apparatus and
the method of use has previously been notified; or
(d) in an emergency, the jettisoning of liquid fuel or cargo over areas
where hazard to persons or property on the ground or water is not
created.
151 Picking up of persons or objects
(1) The pilot in command of an aircraft in flight must not allow persons or
objects to be picked up by 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.
(3) It is a defence to a prosecution under subregulation (1) if:
(a) CASA gave prior written authority for the person or object to be
picked up while the aircraft was in flight; and
(b) the person or object was picked up in accordance with the
conditions (if any) specified in the authority.
Note A defendant bears an evidential burden in relation to the matters in
subregulation (3) (see subsection 13.3 (3) of the Criminal Code).
152 Parachute descents
(1) A person must not make a parachute descent if the descent is not:
(a) authorised in writing by CASA; and
(b) conducted in accordance with the written specifications of
CASA.
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.
(3) It is a defence to a prosecution under subregulation (1) if the parachute
descent was a necessary emergency descent.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (3) (see subsection 13.3 (3) of the Criminal Code).
Civil Aviation Regulations 1988 325
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
153 Flight under simulated instrument flying conditions
(1) The pilot must not fly an aircraft under simulated instrument flying
conditions if each of the following requirements is not satisfied:
(a) fully functioning dual controls are installed in the aircraft;
(b) a competent pilot occupies a control seat to act as safety pilot for
the person who is flying under simulated instrument conditions
and:
(i) the safety pilot has adequate vision forward and to each
side of the aircraft; or
(ii) if the safety pilot’s field of vision is limited, a competent
observer in communication with the safety pilot occupies a
position in the aircraft from which his or her field of vision
supplements that of the safety pilot.
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.
155 Acrobatic flight
(1) A pilot in command of an aircraft must not do any of the following:
(a) fly the aircraft in acrobatic flight at night;
(b) fly the aircraft in acrobatic flight that is not in V.M.C.;
(c) fly the aircraft in a particular kind of acrobatic flight if the
certificate of airworthiness, or the flight manual, for the aircraft
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