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additional fuel.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
241 Flight plans — submission to air traffic control in certain cases
(1) CASA may, by notice published in Aeronautical Information
Publications, declare that flights included in specified classes of flights
are flights in respect of which flight plans are required, in the interests
of safety and to ensure compliance with the Convention, to be
submitted to air traffic control.
(2) Subject to subregulation (3), the pilot in command of an aircraft must
not fly the aircraft on a flight included in a class of flights specified in
a notice under subregulation (1) if a flight plan has not been submitted
to air traffic control.
Penalty: 5 penalty units.
(3) CASA may, in a notice under subregulation (1), specify the
circumstances in which, and the conditions subject to which, a flight
included in a class of flights specified in the notice may be commenced
and carried on before the flight plans for the flight are submitted to air
traffic control and subregulation (2) does not apply to and in relation to
the flight of an aircraft that has been commenced in those circumstances
and so long as the conditions so specified are complied with.
(4) The pilot in command of an aircraft that deviates from a flight as
specified in the flight plan that has been submitted under this
regulation shall report the fact as soon as possible to air traffic control.
Penalty: 5 penalty units.
(5) An offence against subregulation (2) or (4) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
242 Testing of radio apparatus
(1) Before an aircraft is taxied on the manoeuvring area of an aerodrome
for the purpose of moving to the take-off position, the pilot in
command shall check that the radio apparatus fitted to the aircraft and
to be used in flight is functioning correctly.
Penalty: 25 penalty units.
Civil Aviation Regulations 1988 391
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(2) If the check indicates any malfunctioning of any portion of the radio
apparatus the pilot in command must not fly the aircraft until the
apparatus has been certified by a person licensed or approved for the
purpose as being in proper working order.
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.
243 Listening watch
(1) When an aircraft is equipped with radio apparatus for use during
flight, the pilot in command must maintain a listening watch, or must
ensure that a listening watch is maintained, at all times commencing
immediately prior to the time at which the aircraft commences to
move on the manoeuvring area prior to flight and lasting until the
aircraft is brought to a stop at the apron or other point of termination
of the flight.
Penalty: 25 penalty units.
(2) Where the means of communication between air traffic control and an
aircraft under its control is a voice communication channel, the pilot in
command and any other pilot for the time being operating the controls
of the aircraft shall personally maintain a listening watch on the
appropriate radio frequency.
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.
244 Safety precautions before take-off
(1) Immediately before taking-off on any flight, the pilot in command of
an aircraft shall:
(a) test the flight controls on the ground to the full limit of their
travel and make such other tests as are necessary to ensure that
those controls are functioning correctly;
(b) ensure that locking and safety devices are removed and that
hatches, doors and tank caps are secured; and
(c) ensure that all external surfaces of the aircraft are completely free
from frost and ice.
Penalty: 50 penalty units.
(2) CASA may give such directions as CASA considers necessary in the
interests of safety in respect of the duties and responsibilities of the
pilot in command and other persons for tests, checks and other
precautions before the despatch of an aircraft on any flight.
392 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3) A person must not contravene a direction.
Penalty: 50 penalty units.
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