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paragraph (1) (d) as if the reference in that paragraph to “the left” was
a reference to “the right”.
169 Preventing collisions on water
(1) The pilot in command of an aircraft in flight, or in the process of
manoeuvring near the surface of the water, must, as far as possible:
(a) keep clear of all vessels; and
(b) not impede their navigation.
Penalty: 25 penalty units.
Replacement Page — Amdt No. 11
November 2005
334 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(2) Subject to this regulation, the pilot in command of an aircraft on the
water must comply with the International Regulations for Preventing
Collisions at Sea as set out in Schedule 3 to the Navigation Act 1912.
Penalty: 25 penalty units.
(3) In conforming with the International Regulations for Preventing
Collisions at Sea, the pilot in command of an aircraft must give due
regard to the fact that in narrow channels stem vessels cannot
manoeuvre to avoid collision, and must, as far as possible:
(a) keep clear of such vessels; and
(b) not impede their navigation.
Penalty: 25 penalty units.
(4) Notwithstanding anything contained in the International Regulations
for Preventing Collisions at Sea, the pilot in command of an aircraft
must observe the following rules with respect to other aircraft and
vessels:
(a) when aircraft, or an aircraft and a vessel are approaching one
another and there is a risk of collision, the aircraft shall proceed
with careful regard to existing circumstances and conditions
including the limitations of the respective craft;
(b) an aircraft which is converging with another aircraft or a vessel
on its right shall give way so as to keep well clear of that aircraft
or vessel;
(c) an aircraft approaching another aircraft or a vessel head-on, or
approximately head-on, shall alter its heading to the right so as to
keep well clear of that aircraft or vessel;
(d) an aircraft or vessel which is being overtaken has the right of
way, and the one overtaking shall alter its heading to keep well
clear of the aircraft or vessel being overtaken.
Penalty: 25 penalty units.
(5) At a water aerodrome which is a controlled aerodrome, the following
additional rules shall apply :
(a) the pilot in command of an aircraft must not take off or alight if
the alighting area:
(i) has not been swept; or
(ii) is not clear of floating debris dangerous to the navigation of
the aircraft;
(b) the pilot in command of an aircraft shall ensure that operations
are conducted on the swept part of a water aerodrome by
commencing his or her take-off or landing run from such a
position that the control launch is on his or her left at no greater
distance than seventy-five yards.
Penalty: 25 penalty units.
(5A) Paragraph (5) (a) does not apply in an emergency to an aircraft landing
in the safest part of the alighting area without delay.
Replacement Page — Amdt No. 11
November 2005
Civil Aviation Regulations 1988 335
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(5B) An offence against subregulation (1), (2), (3), (4) or (5) is an offence
of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(6) At a water aerodrome which is a controlled aerodrome, the
swept part of an alighting area shall be indicated by the control launch
which shall take up position at the leeward and on the left side of the
area and shall head into the direction of an aircraft taking-off or
landing.
Replacement Page — Amdt No. 11
November 2005
336 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 3 Visual Flight Rules
170 Interpretation
In this Division, flight level 200, in relation to a time and place, means
such a height above the ground or water that, if an aircraft were flying
at that height at that time and place and had an altimeter adjusted to a
reading on the sub-scale of 1013.2 millibars, the altimeter would show
a height of 20,000 feet.
171 V.F.R. flight
(1) A flight conducted in accordance with the provisions of this Division
is classed as a flight under the Visual Flight Rules.
(2) Where an aircraft cannot be flown in accordance with the Visual
Flight Rules, the pilot in command shall comply with the Instrument
Flight Rules contained in Division 4 of this Part or land at the nearest
suitable aerodrome.
Penalty: 25 penalty units.
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