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August 2003 Civil Aviation Safety Authority
179A Navigation of aircraft on I.F.R. flight
(1) CASA may issue instructions in relation to I.F.R. flights specifying:
(a) the method by which an aircraft is to be navigated; or
(b) how a positive position fix for an aircraft is to be obtained; or
(c) how often a positive position fix is to be obtained.
(2) Subject to subregulation (4), the pilot in command of an aircraft must
not fly the aircraft under the I.F.R. if it is not equipped:
(a) for navigation; and
(b) to obtain positive position fixes;
in accordance with instructions issued under subregulation (1).
Penalty: 25 penalty units.
(2A) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) 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.
(3A) 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.
(4) CASA may give permission, subject to the conditions specified in the
permission, for an aircraft to be flown under the I.F.R if the aircraft is
not equipped as required under subregulation (2).
180 Cruising levels for I.F.R. flights
(1) The pilot in command of an aircraft being flown under the I.F.R. must
fly the aircraft:
(a) within controlled airspace—at a cruising level authorised for the
flight by air traffic control; or
(b) outside controlled airspace—at a cruising level appropriate to its
magnetic track as notified by CASA in Aeronautical Information
Publications.
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.
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348 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
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Replacement Page — Amdt No. 3
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Civil Aviation Regulations 1988 349
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
181 Flight procedure for I.F.R. flight where cruising level cannot be
maintained
(1) If an aircraft conducting an I.F.R. flight is unable for any reason to
comply with the requirements of paragraph 180 (b), the pilot in
command shall:
(a) notify air traffic control of the cruising level at which the aircraft
is flying and of all subsequent changes of that level; and
(b) in the event of the risk of a collision with another aircraft which
is complying with that regulation, give way to that aircraft or fly
at a cruising level authorised by that regulation until the other
aircraft is past and clear.
Penalty: 10 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.
350 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 5 Operations in RVSM airspace
Subdivision 1 Preliminary
181A What this Division does
This Division sets out the requirements for getting an RVSM
airworthiness approval or an RVSM operational approval and
provides for the administrative control of such approvals.
181B Definitions for this Division
In this Division:
Australian operator means an operator whose principal place of
business, or whose place of permanent residence, is in Australian
territory.
181C What is an RVSM airworthiness approval?
An RVSM airworthiness approval is an approval given, under
regulation 181G, for an Australian aircraft indicating that it is suitable
to be operated in RVSM airspace.
181D What is an RVSM foreign airworthiness approval?
An RVSM foreign airworthiness approval is an approval (however
described) given for a foreign aircraft by the competent authority of
the country in which the aircraft is registered indicating that the
aircraft is suitable to be operated in RVSM airspace.
181E What is an RVSM operational approval?
An RVSM operational approval is an approval given, under
regulation 181M, to an Australian operator approving the operator to
operate the aircraft covered by the approval in RVSM airspace.
Subdivision 2 RVSM airworthiness approvals
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