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accordance with subregulation (1).
Penalty: 50 penalty units.
(3) An operator must not permit a pilot to act in the capacity of pilot in
command of an aircraft employed in charter operations if the pilot is
not qualified in accordance with subregulation (1).
Penalty: 50 penalty units.
(4) An offence against subregulation (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
220 Fuel instructions and records
(1) An operator shall include in the operator’s operations manual specific
instructions for the computation of the quantities of fuel to be carried
on each route, having regard to all the circumstances of the operations,
including the possibility of failure of an engine en route.
Penalty: 50 penalty units.
376 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(2) An operator shall maintain a record of the fuel remaining in the tanks
at the end of each scheduled flight and shall review continuously the
adequacy of the instructions in respect of the fuel to be carried in the
light of that record, and shall make any such record available to
CASA, upon request.
Penalty: 25 penalty units.
(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.
221 Facilities and safety devices for public
(1) An operator must provide such facilities and safety devices for the
protection of the public at the aerodromes normally used by the
operator as CASA considers adequate and directs.
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.
222 Proving tests
(1) An aircraft of a new type shall not be used to carry passengers on a
public transport service until it has completed proving tests under the
supervision and in accordance with the requirements of CASA.
(2) In the case of major changes to an aircraft previously in operation on
public transport services or previously proved for such operations, or
the use of such an aircraft in an operation different to that in which it
was previously used, CASA may require the aircraft to undergo such
proving tests as CASA considers necessary in the circumstances.
(3) No persons other than those essential to the tests shall be carried in the
aircraft during the tests required under subregulations (1) and (2), but
mail or cargo may be carried with the permission of CASA.
(4) The operator must not allow an aircraft that is required to undergo
proving tests to be used to carry passengers on a public transport
service, if the proving tests have not been passed in accordance with
the requirements of CASA.
Penalty: 50 penalty units.
(5) An offence against subregulation (4) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Civil Aviation Regulations 1988 377
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Division 3 Conduct of Operations
222A Division 3 not to apply to New Zealand AOC holders with ANZA
privileges
This Division does not apply in relation to an aircraft operated under a
New Zealand AOC with ANZA privileges.
223 Operator to ensure employees and flight crew familiar with
local laws and regulations
(1) An operator of an Australian aircraft engaged in air navigation outside
Australian territory shall ensure that:
(a) his or her employees when abroad know that they must comply
with the laws, regulations and procedures of the countries in
which the aircraft is operated;
(b) the pilots of the aircraft are familiar with the regulations and
procedures for the time being in force in the area in which the
aircraft is operated, and, in particular, with such of those
regulations and procedures as relate to the aerodromes and air
navigation facilities to be used by the aircraft; and
(c) members of the flight crew, other than pilots, are familiar with
such of the regulations and procedures of the countries in which
the aircraft is operated as relate to the performance of their
respective duties in the operation of the aircraft.
Penalty: 25 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.
224 Pilot in command
(1) For each flight the operator shall designate one pilot to act as pilot in
command.
Penalty: 5 penalty units.
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