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flight, shall keep out of the way of the other aircraft by altering its
heading to the right, and no subsequent change in the relative positions
of the two aircraft shall absolve the overtaking aircraft from this
obligation until it is entirely past and clear.
(4) An overtaking aircraft shall not pass the aircraft that it is overtaking by
diving or climbing.
330 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(5) An aircraft in flight, or operating on the ground or water, shall give
way to other aircraft landing or on final approach to land.
(6) When two or more heavier-than-air aircraft are approaching an
aerodrome for the purpose of landing, aircraft at the greater height
shall give way to aircraft at the lesser height, but the latter shall not
take advantage of this rule to cut-in in front of another that is on final
approach to land, or overtake that aircraft.
(7) Notwithstanding anything contained in subregulation (6), powerdriven
heavier-than-air aircraft shall give way to gliders.
(8) An aircraft that is about to take-off shall not attempt to do so until
there is no apparent risk of collision with other aircraft.
(9) The pilot in command of an aircraft must give way to another aircraft
that is compelled to land.
Penalty: 25 penalty units.
(10) The pilot in command of an aircraft must comply with the rules in
subregulations (1) to (8).
Penalty: 25 penalty units.
(11) An offence against subregulation (10) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
163 Operating near other aircraft
(1) The pilot in command of an aircraft must not fly the aircraft so close
to another aircraft as to create a collision hazard.
Penalty: 50 penalty units.
(2) The pilot in command of an aircraft must not operate the aircraft on
the ground in such a manner as to create a hazard to itself or to another
aircraft.
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.
163AA Formation flying
(1) A pilot must not fly an aircraft in formation if each of the following
requirements is not satisfied:
(a) each of the pilots in command is qualified to fly in formation;
(b) the formation is pre-arranged between the pilots in command;
(c) the formation flight is conducted either:
(i) under the Visual Flight Rules by day; or
(ii) under an approval given by CASA.
Penalty: 50 penalty units.
Civil Aviation Regulations 1988 331
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) Unless otherwise approved by CASA, a pilot in command is qualified
for the purposes of paragraph (1) (a) only if:
(a) the pilot has been certified by the holder of a flight instructor
rating as being competent to fly in formation, being a rating that
is appropriate to the category of aircraft to be flown in the
formation; and
(b) the certification is entered in the pilot’s log book.
(3) For the purposes of this regulation, 2 or more aircraft are flown in
formation if:
(a) they are flown in close proximity to each other; and
(b) they operate as a single aircraft with regard to navigation,
position reporting and control.
(4) In determining whether aircraft are in close proximity to each other,
regard is to be had to the type of aircraft in the formation and the
speed of those aircraft.
(5) In spite of subregulation (3), aircraft are to be taken to be in formation:
(a) during any period when they are manoeuvring to achieve
separation from each other in order to effect individual control;
and
(b) during join-up and breakaway.
163A Responsibility of flight crew to see and avoid aircraft
When weather conditions permit, the flight crew of an aircraft must,
regardless of whether an operation is conducted under the Instrument
Flight Rules or the Visual Flight Rules, maintain vigilance so as to
see, and avoid, other aircraft.
Replacement Page — Amdt No. 11
November 2005
332 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 2 Operation on and in the Vicinity of Aerodromes
164 Responsibility for compliance with rules of this Division
When operating an aircraft on or in the vicinity of an aerodrome the
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