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a part of a flying training area in respect of which low flying is
authorised by CASA under subregulation 141 (1); or
(d) the pilot of the aircraft is engaged in a baulked approach
procedure, or the practice of such procedure under the
supervision of a flight instructor or a check pilot; or
(e) the aircraft is flying in the course of actually taking-off or landing
at an aerodrome; or
(f) the pilot of the aircraft is engaged in:
(i) a search; or
(ii) a rescue; or
(iii) dropping supplies;
in a search and rescue operation; or
(g) the aircraft is a helicopter:
(i) operated by, or for the purposes of, the Australian Federal
Police or the police force of a State or Territory; and
(ii) engaged in law enforcement operations; or
(h) the pilot of the aircraft is engaged in an operation which requires
the dropping of packages or other articles or substances in
accordance with directions issued by CASA.
158 Reports at designated points or intervals
(1) If radio apparatus is fitted to an aircraft, and a Flight Plan has been
submitted in respect of the flight, the time and altitude of passing each
reporting point designated by air traffic control, together with any
other required information, shall be reported by the pilot in command
by radio as soon as possible to air traffic control, and, in the absence
of designated reporting points, position reports shall be made at
intervals specified by air traffic control.
Penalty: 10 penalty units.
328 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.
159 Procedure on radio failure
(1) If a radio failure or failure of radio navigation aid equipment precludes
compliance with these Regulations, the pilot in command of the
aircraft must comply with any relevant instructions issued by CASA
under regulation 159A .
Penalty: 10 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.
159A Power of CASA to issue instructions
CASA must issue written instructions specifying the procedures to be
followed by a pilot in command of an aircraft in the event of the
failure of the aircraft’s radio or radio navigation aid equipment.
159B Manner of notifying instructions
Instructions issued under regulation 159A must be published in the
AIP and NOTAMS.
Civil Aviation Regulations 1988 329
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
PART 12 RULES OF THE AIR
Division 1 General
160 Interpretation
In this Division, an overtaking aircraft means an aircraft that
approaches another aircraft from the rear on a line forming an angle of
less than 70° with the plane of symmetry of the latter, that is to say, an
aircraft that is in such a position with reference to another aircraft that
at night it would be unable to see either of the forward navigation
lights of the other aircraft.
161 Right of way
(1) An aircraft that is required by the rules in this Division to keep out of
the way of another aircraft shall avoid passing over or under the other,
or crossing ahead of it, unless passing well clear.
(2) The pilot in command of an aircraft that has the right of way must
maintain its heading and speed, but nothing in the rules in this
Division shall relieve the pilot in command of an aircraft from the
responsibility of taking such action as will best avert collision.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
162 Rules for prevention of collision
(1) When 2 aircraft are on converging headings at approximately the same
height, the aircraft that has the other on its right shall give way, except
that:
(a) power-driven heavier-than-air aircraft shall give way to airships,
gliders and balloons;
(b) airships shall give way to gliders and balloons;
(c) gliders shall give way to balloons; and
(d) power-driven aircraft shall give way to aircraft that are seen to be
towing other aircraft or objects.
(2) When two aircraft are approaching head-on or approximately so and
there is danger of collision, each shall alter its heading to the right.
(3) An aircraft that is being overtaken has the right-of-way and the
overtaking aircraft, whether climbing, descending, or in horizontal
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