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(ii) enter data into, or verify data in, the computer;
(c) the notification to the personnel of an operator or to a pilot in
command or other flight crew member of operational procedures
relating to the computer;
(d) the inclusion of the operational procedures in the operator’s
operations manual.
(3) Where the operator of an aircraft has established operational
procedures in relation to a computer under subregulation (1):
(a) each member of the personnel of the operator; and
384 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(b) the pilot in command and other members of the flight crew of
that aircraft;
shall, in relation to that computer, comply with those operational
procedures.
(4) A direction given under this regulation shall not take effect until:
(a) the twenty-eighth day after the day on which the direction is
given; or
(b) if a later day of effect is specified in the direction, that later day.
233 Responsibility of pilot in command before flight
(1) The pilot in command of an aircraft must not commence a flight if he
or she has not received evidence, and taken such action as is necessary
to ensure, that:
(a) the instruments and equipment required for the particular type of
operation to be undertaken are installed in the aircraft and are
functioning properly;
(b) the gross weight of the aircraft does not exceed the limitations
fixed by or under regulation 235 and is such that flight
performance in accordance with the standards specified by CASA
for the type of operation to be undertaken is possible under the
prevailing conditions; and
(c) any directions of CASA with respect to the loading of the aircraft
given under regulation 235 have been complied with;
(d) the fuel supplies are sufficient for the particular flight;
(e) the required operating and other crew members are on board and
in a fit state to perform their duties;
(f) the air traffic control instructions have been complied with;
(g) the aircraft is safe for flight in all respects; and
(h) the latest of the aeronautical maps, charts and other aeronautical
information and instructions, published in AIP or by a person
approved in writing, that are applicable:
(i) to the route to be flown; and
(ii) to any alternative route that may be flown on that flight;
are carried in the aircraft and are readily accessible to the flight
crew.
Penalty: 50 penalty units.
Civil Aviation Regulations 1988 385
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(1A) An approval under paragraph (1) (h) may be given subject to such
conditions as are specified in the instrument of approval.
(2) The pilot in command of an aircraft engaged in international air
navigation must not commence a flight if the pilot has not completed
an approved flight preparation form certifying that the pilot is satisfied
of the matters specified in subregulation (1).
Penalty: 5 penalty units.
(3) An operator must keep a completed flight preparation form for a
period of 6 months.
Penalty: 5 penalty units.
(4) An offence against subregulation (1), (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
234 Fuel requirements
(1) The pilot in command of an aircraft must not commence a flight within
Australian territory, or to or from Australian territory, if he or she has
not taken reasonable steps to ensure that the aircraft carries sufficient
fuel and oil to enable the proposed flight to be undertaken in safety.
Penalty: 50 penalty units.
(2) An operator of an aircraft must take reasonable steps to ensure that an
aircraft does not commence a flight as part of the operator’s operations
if the aircraft is not carrying sufficient fuel and oil to enable the
proposed flight to be undertaken in safety .
Penalty: 50 penalty units.
(3) For the purposes of these Regulations, in determining whether fuel and
oil carried on an aircraft in respect of a particular flight was sufficient
within the meaning of subregulations (1) and (2), a court must, in
addition to any other matters, take into account the following matters:
(a) the distance to be travelled by the aircraft on the flight to reach
the proposed destination;
(b) the meteorological conditions in which the aircraft is, or may be
required, to fly;
(c) the possibility of:
(i) a forced diversion to an alternative aerodrome; and
(ii) a delay pending landing clearance; and
(iii) air traffic control re-routing the flight after commencement
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