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of the flight; and
(iv) a loss of pressurisation in the aircraft; and
(v) where the aircraft is a multi-engined aircraft—an engine
failure;
(d) any guidelines issued from time to time by CASA for the
purposes of this regulation.
386 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(4) 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.
235 Take-off and landing of aircraft etc.
(1) CASA may, for the purposes of these Regulations, give directions
setting out the method of estimating, with respect to an aircraft at
anytime:
(a) the weight of the aircraft, together with the weight of all persons
and goods (including fuel) on board the aircraft, at that time; and
(b) the centre of gravity of the aircraft at that time.
(2) CASA may, for the purpose of ensuring the safety of air navigation,
give directions setting out the manner of determining, with respect to a
proposed flight of an aircraft:
(a) a maximum weight, being a weight less than the maximum takeoff
weight of the aircraft; or
(b) a maximum weight, being a weight less than the maximum
landing weight of the aircraft;
that the gross weight of the aircraft at take-off or landing, as the case
may be, is not to exceed.
(2A) A person must not contravene a direction under subregulation (1) or
(2).
Penalty: 50 penalty units.
(3) A manner of determining a maximum weight referred to in
subregulation (2) shall be such as to take into account such of the
following considerations as CASA considers appropriate:
(a) the type of aircraft;
(b) the kind of operations to be carried out during the flight;
(c) the performance of the aircraft in configurations in which it is
likely to be flown and with faults that are likely to occur;
(d) the meteorological conditions at the aerodrome at which the
aircraft is to take off or land;
(e) the altitude of the aerodrome at which that aircraft is to take off
or land;
(f) the aerodrome dimensions in the direction in which the aircraft is
to take off or land;
(g) the material of which the surface of the aerodrome in the
direction in which the aircraft is to take off or land is constituted
and the condition and slope of that surface;
(h) the presence of obstacles in the vicinity of the flight path along
which the aircraft is to take off, approach or land;
(i) the anticipated meteorological conditions over the intended route
to be flown by the aircraft after take-off and over planned
divergencies from that route; and
Civil Aviation Regulations 1988 387
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(j) the altitude of the terrain along and on either side of the intended
route to be flown by the aircraft after take-off and of planned
divergencies from that route.
(4) The pilot in command of an aircraft must not allow the aircraft to take
off if its gross weight exceeds its maximum take-off weight or, if a
lesser weight determined in accordance with a direction under
subregulation (2) is applicable to the take-off, that lesser weight.
Penalty: 50 penalty units.
(5) The pilot in command of an aircraft must not allow the aircraft to take
off if its gross weight exceeds, by more than the weight of fuel that
would normally be used in flying to its next landing place or planned
alternative aerodrome, its maximum landing weight or, if a lesser
weight determined in accordance with a direction under subregulation
(2) is applicable to the landing at that place or aerodrome, that lesser
weight.
Penalty: 50 penalty units.
(6) The pilot in command of an aircraft, must not land the aircraft if its
gross weight exceeds its maximum landing weight or, if a lesser
weight determined in accordance with a direction under subregulation
(2) is applicable to the landing, that lesser weight.
Penalty: 50 penalty units.
(7) CASA may, for the purpose of ensuring the safety of air navigation,
give directions with respect to the method of loading of persons and
goods (including fuel) on aircraft.
(7A) A person must not contravene a direction under subregulation (7).
Penalty: 50 penalty units.
(8) The pilot in command of an aircraft must not allow the aircraft to take
off or land if a direction given under this regulation, about the loading
of the aircraft has not been complied with.
Penalty: 50 penalty units.
(9) The pilot in command must ensure that the load of an aircraft
throughout a flight shall be so distributed that the centre of gravity of
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