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(2) Subject to these Regulations, an aircraft which possesses the
nationality of a Contracting State shall be entitled to use the
aerodromes and all air navigation facilities, including radio and
meteorological services, which are provided for public use for the
safety and expedition of air navigation.
92 Use of aerodromes
(1) A person must not land an aircraft on, or engage in conduct that causes
an aircraft to take off from, a place that does not satisfy one or more of
the following requirements:
(a) the place is an aerodrome established under the Air Navigation
Regulations;
(b) the use of the place as an aerodrome is authorised by a certificate
granted, or registration, under Part 139 of CASR;
(c) the place is an aerodrome for which an arrangement under section
20 of the Act is in force and the use of the aerodrome by aircraft
engaged in civil air navigation is authorised by CASA under that
section;
(d) the place (not being a place referred to in paragraph (a), (b) or
(c)) is suitable for use as an aerodrome for the purposes of the
landing and taking-off of aircraft;
and, having regard to all the circumstances of the proposed landing or
take-off (including the prevailing weather conditions), the aircraft can
land at, or take-off from, the place in safety.
Penalty: 25 penalty units.
(2) CASA may, in relation to an aerodrome, issue directions relating to
the safety of air navigation.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 305
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(3) A person must not contravene a direction.
Penalty: 25 penalty units.
(4) An offence against subregulation (1) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
92A Use of aerodromes in regular public transport operations
(1) Subject to subregulation (2), the pilot in command of an aircraft that:
(a) is employed in a regular public transport operation; and
(b) has a maximum carrying capacity, for that operation, that exceeds
30 seats or 3,400 kilograms;
must not engage in conduct that causes the aircraft to land at, or take
off from, a place that is not a licensed aerodrome.
Penalty: 10 penalty units.
(2) The aircraft may land at, or take-off from, an aerodrome that is not a
licensed aerodrome, if:
(a) the aircraft does so in accordance with subregulation (4); and
(b) the aerodrome is:
(i) a military aerodrome; or
(ii) an aerodrome outside Australian territory; or
(iii) an alternate aerodrome.
(3) Except in an emergency, an aircraft that:
(a) is employed in a regular public transport operation; and
(b) has a maximum carrying capacity, for that operation, equal to, or
less than, 30 seats or 3,400 kilograms;
must not land at, or take-off from, an aerodrome, except in accordance
with subregulation (4) or (4A).
(4) The pilot in command of an aircraft must not land the aircraft at, or
engage in conduct that causes the aircraft to take off from, an
aerodrome that is not a licensed aerodrome if each of the following
requirements is not satisfied:
(a) the aerodrome meets the requirements of subregulation (5);
(b) the aerodrome operator has arrangements to warn the aircraft
operator or pilot in command of any occurrence of the kind
referred to in subregulation 139.155 (1) of CASR.
Penalty: 10 penalty units.
Replacement Page Amdt No. 8
December 2004
306 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(4A) The operator of an aircraft must not permit the aircraft to land at or
take off from an aerodrome that is not a licensed aerodrome if each of
the following requirements is not satisfied:
(a) the aerodrome meets the requirements of subregulation (5);
(b) the aerodrome operator has arrangements to warn the aircraft
operator or pilot in command of any occurrence of the kind
referred to in subregulation 139.155 (1) of CASR.
Penalty: 10 penalty units.
(5) For the purposes of paragraphs (4) (a) and (4A) (a), despite the repeal
of Division 4 of this Part by the Civil Aviation Amendment
Regulations 2003 (No. 1), the requirements are those of subregulation
92A (5), as in force on 1 May 2003.
Note The text of that subregulation, as in force on 1 May 2003, is available on
SCALEplus at http://scaleplus.law.gov.au/html/histreg/6/3203/rtf/
CivilAviation1988Vol2.rtf.
(5A) An aerodrome or an aerodrome operator is taken to comply with a
requirement of subregulation 92A (5) (as in force on 1 May 2003) if:
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