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(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 I.F.R.
(5) The pilot in command of an aircraft to which subregulation (3) or (4)
applies must not fly the aircraft in contravention of a condition
specified in the permission.
Penalty: 25 penalty units.
(6) An offence against subregulation (5) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Replacement Page — Amdt No. 14
March 2007
Civil Aviation Regulations 1988 345
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
178 Minimum height for flight under I.F.R.
(1) Subject to subregulation (4), the pilot in command of an aircraft flown
along a route segment for which there is a published lowest safe
altitude must not fly the aircraft at a height lower than the published
lowest safe altitude.
Penalty: 50 penalty units.
(2) Subject to subregulation (4), the pilot in command of an aircraft flown
along a route segment for which there is no published lowest safe
altitude must not fly the aircraft at a height lower than the lowest safe
altitude calculated in accordance with a method for determining a
lowest safe altitude that is determined by CASA under subregulation
(6).
Penalty: 50 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
(4) An aircraft may be flown along a route segment at a height less than
the height that is applicable under subregulation (1) or (2):
(a) during take-off or landing; or
(b) during arrival or departure, if the aircraft is being flown:
(i) at a safe height above the terrain; and
(ii) in accordance with any instructions published in AIP; or
(c) during an authorised instrument departure procedure or
authorised instrument approach procedure; or
(d) if the aircraft is being flown by day in V.M.C.; or
(e) if the aircraft is being flown in accordance with instructions from
air traffic control.
(5) This regulation has effect subject to regulation 157.
(6) For the purposes of these Regulations, CASA may, in writing,
determine any or all of the following:
(a) a method of calculating a lowest safe altitude;
(b) an instrument approach procedure;
(c) an instrument departure procedure.
(7) In this regulation:
arrival means the time during which an aircraft is descending for a
landing at a rate that is reasonable under the circumstances.
Replacement Page — Amdt No. 3
October 2003
346 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
authorised instrument approach procedure means an instrument
approach procedure that:
(a) either:
(i) is designed by a certified designer or authorised designer;
and
(ii) is published in the AIP or given to CASA under Part 173 of
CASR; or
(b) is determined by CASA under subregulation (6).
authorised instrument departure procedure means an instrument
departure procedure that:
(a) either:
(i) is designed by a certified designer or authorised designer;
and
(ii) is published in the AIP or given to CASA under Part 173 of
CASR; or
(b) is determined by CASA under subregulation (6).
departure means the time during which an aircraft is climbing after
take-off at a rate that is reasonable under the circumstances.
published lowest safe altitude means a lowest safe altitude that:
(a) is calculated in accordance with a method determined by CASA
under subregulation (6); and
(b) is published in the AIP or NOTAMS.
179 Authorised instrument approach procedures to be used
(1) The pilot in command of an aircraft when conducting an I.F.R. flight
must follow the authorised instrument approach procedures (within the
meaning of regulation 178) for the aerodromes used.
Penalty: 50 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.
(3) It is a defence to a prosecution under subregulation (1) if air traffic
control authorised the pilot not to follow the instrument approach
procedures for the aerodrome.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (3) (see subsection 13.3 (3) of the Criminal Code).
Replacement Page — Amdt No. 3
October 2003
Civil Aviation Regulations 1988 347
Amended CAR – 2nd Ed Legal Services Group
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