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a V.F.R. flight.
(1A) Subject to subregulation (3), the pilot in command of an aircraft must
not fly the aircraft under the V.F.R. if the aircraft is not equipped with:
(a) suitable flight instruments as directed by CASA; and
(b) the equipment specified in instructions issued under
subregulation (1) in relation to the aircraft.
Penalty: 25 penalty units.
(1B) If an instruction under subregulation (1) is not issued in the form of a
Civil Aviation Order, the instruction does not bind a person until it has
been:
(a) served on the person; or
(b) published in NOTAMS or AIP.
(1C) An instruction under subregulation (1) that is not issued in the form of
a Civil Aviation Order is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.
(2) Subject to subregulation (4), the pilot in command of an aircraft must
not fly the aircraft under the V.F.R. at night if, in addition to the
equipment referred to in subregulation (1A), it is not also equipped
with:
(a) a landing light;
(b) illumination for all instruments and equipment used by the flight
crew, being instruments and equipment that are essential for the
safe operation of the aircraft;
(c) lights in all passenger compartments;
(d) an electric torch for each crew member; and
(e) such other equipment as CASA directs in the interests of safety.
Penalty: 25 penalty units.
Replacement Page — Amdt No. 14
March 2007
Civil Aviation Regulations 1988 339
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(3) In respect of an aircraft that is not equipped as referred to in
subregulation (1A), CASA may give permission, subject to such
conditions (if any) as are specified in the permission, for the aircraft to
be flown under the V.F.R.
(4) In respect of an aircraft that is not equipped as referred to in
subregulation (2), CASA may give permission, subject to such
conditions (if any) as are specified in the permission, for the aircraft to
be flown at night under the V.F.R.
(5) The pilot in command of an aircraft must not fly the aircraft in
contravention of a condition of a permission given under this
regulation.
Penalty: 25 penalty units.
(6) An offence against subregulation (1A), (2) or (5) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
174B V.F.R. flights at night
(1) The pilot in command of an aircraft must not fly the aircraft at night
under the V.F.R. at a height of less than 1 000 feet above the highest
obstacle located within 10 miles of the aircraft in flight if it is not
necessary for take-off or landing.
Penalty: 25 penalty units.
(2) The pilot in command of a single engine aircraft must not fly the
aircraft at night under the V.F.R. if the flight is not in one of the
following operations:
(a) private operations;
(b) aerial work operations;
(c) charter operations that do not involve the carrying of passengers
for hire or reward;
(d) charter operations that involve the carrying of passengers for hire
or reward, if:
(i) the operator is approved in writing by CASA to conduct the
operations; and
(ii) the operations are conducted in a turbine powered
aeroplane approved in writing by CASA for those
operations.
Penalty: 25 penalty units.
340 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(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.
(4) It is a defence to a prosecution under subregulation (1) if CASA gave
permission for the flight.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (4) (see subsection 13.3 (3) of the Criminal Code).
174C Qualifications for night flying under V.F.R.
(1) Subject to this regulation, a person other than:
(a) in the case of agricultural operations—the holder of a licence on
which a night V.F.R. agricultural rating has been endorsed; or
(b) in the case of any other flight—the holder of a licence on which a
night V.F.R. rating has been endorsed; or
(c) a student pilot, or holder of a private pilot licence, a commercial
pilot licence or an air transport pilot licence, permitted under Part
5 to fly an aircraft in a traffic pattern at night under the V.F.R.;
shall not fly an aircraft at night under the V.F.R.
Penalty: 25 penalty units.
(1A) A pilot who holds a licence on which an instrument rating for a
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