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Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(a) use, or permit the use of, the radiocommunication system if the
use is not in accordance with the directions of CASA;
(c) permit the operation of the radiocommunication system during
flight time in the aircraft by a person who does not hold a flight
radiotelephone operator licence or a student pilot licence;
(d) operate the radiocommunication system while the aircraft is on
the ground if the pilot does not hold:
(i) an aircraft radiotelephone operator certificate of
proficiency; or
(ii) a flight radiotelephone operator licence; or
(iii) a licence issued under the Radiocommunications Act 1992
that authorises the holder of the licence to operate a
radiocommunication system of the kind concerned; or
(iv) a student pilot licence;
(e) permit the operation of the radiocommunication system while the
aircraft is on the ground by a person who is not the holder of a
certificate or licence of a kind referred to in paragraph (d).
Penalty: 10 penalty units.
(1A) Subregulation (1) does not apply to the operation of a
radiocommunication system under subregulation 5.66 (1).
(2) The owner of a radiocommunication system used to ensure the safety
of air navigation, but not installed in, or carried on an aircraft:
(a) must not operate the radiocommunication system if he or she is
not the holder of a certificate or licence of a kind referred to in
paragraph (1) (d); and
(b) must not permit the operation of the radiocommunication system
by a person who is not the holder of a certificate or licence of a
kind referred to in paragraph (a).
Penalty: 10 penalty units.
Civil Aviation Regulations 1988 301
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(3) Subject to subregulation 5.66 (1), a person must not operate, for the
purpose of ensuring the safety of air navigation, a radiocommunication
system that is:
(a) not installed in, or carried on, an aircraft; or
(b) installed in, or carried on, an aircraft that is on the ground;
if the person does not hold:
(c) an aircraft radiotelephone operator certificate of proficiency; or
(d) a flight radiotelephone operator licence; or
(e) a licence issued under the Radiocommunications Act 1992 that
authorises the holder of the licence to operate a
radiocommunication system of the kind concerned.
Penalty: 10 penalty units.
(4) The pilot in command of an Australian aircraft:
(a) in which a radiocommunication system approved under
subregulation 82 (1) is installed or carried; and
(b) that is in a foreign country;
must not use, or permit the use of, the radiocommunication system
except in accordance with the law of that country.
Penalty: 10 penalty units.
(5) An offence against subregulation (1), (2), (3) or (4) is an offence of
strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
83A Aircraft radiotelephone operator certificate of proficiency:
issue
(1) A person may apply to CASA, in writing, for the issue of an aircraft
radiotelephone operator certificate of proficiency.
(2) Subject to subregulation (3), CASA must issue an aircraft
radiotelephone certificate of proficiency to an applicant if, and only if:
(a) the applicant possesses a knowledge of the English language that
is sufficient to enable him or her to safely exercise the authority
given by the certificate; and
(b) the applicant is qualified to hold the certificate.
(3) CASA must not issue an aircraft radiotelephone operator certificate of
proficiency to an applicant if the applicant:
(a) has knowingly or recklessly made a false or misleading statement
in relation to the application; or
(b) does not satisfy the requirements of subregulation (2).
83B Aircraft radiotelephone operator certificate of proficiency:
notice of decision
(1) CASA must, in writing, notify an applicant for an aircraft
radiotelephone operator certificate of proficiency of CASA’s decision
in relation to the application.
302 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(2) If CASA decides not to issue the certificate, CASA must include in
the notice required by subregulation (1), a statement of the reasons for
that decision.
83C Aircraft radiotelephone operator certificate of proficiency:
conditions
(1) CASA may issue an aircraft radiotelephone operator certificate of
proficiency subject to any condition that is necessary in the interests of
the safety of air navigation.
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