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(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.
245 Tests before and during the take-off run
(1) CASA may give directions specifying the tests to be carried out by the
pilot in command of an aircraft before the commencement of, and
during, a take-off run in order to be satisfied that the engine and
associated items of equipment are functioning correctly within the
permissible limits of performance.
(2) Before the commencement of, and during, a take-off run, the pilot in
command of an aircraft shall:
(a) carry out all tests required to be carried out in relation to the
aircraft under subregulation (1);
(b) test all flight instruments, and, in particular, all gyroscopic flight
instruments, that it is possible to test so as to ensure that they are
functioning correctly;
(c) ensure that all gyroscopic flight instruments are correctly set and
uncaged; and
(d) perform such checks and tests as are required by the flight
manual for, or the operations manual of, the aircraft.
Penalty: 25 penalty units.
(3) If an inspection, check or test made under subregulation (2) indicates
any departure from the permissible limits or any malfunctioning in any
particular (not being a departure or malfunctioning that is a permissible
unserviceability), the pilot in command shall not commence the take-off
or, if the pilot has commenced the take-off, shall abandon the take-off or
take such other action as the pilot considers appropriate to ensure the
safety of the aircraft and of persons on board the aircraft.
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.
Civil Aviation Regulations 1988 393
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
246 Movement on manoeuvring area
(1) Immediately before take-off, the pilot in command shall manoeuvre
the aircraft so that he or she is able to observe traffic on the
manoeuvring area of the aerodrome and incoming and outgoing traffic,
in order that he or she may avoid collision with other aircraft during
the take-off.
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.
247 Meteorological conditions observed en route
(1) The pilot in command shall report, in the approved form and at such
times as requested by a meteorological observer, the meteorological
conditions observed en route.
Penalty: 5 penalty units.
(2) When any meteorological condition, hazardous to flight, is
encountered en route, the pilot in command shall report the condition
as soon as possible, giving such details as appear pertinent to the
safety of other aircraft.
Penalty: 5 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.
248 Reporting of defects
(1) At the termination of each flight, or in any urgent case, during the
currency of the flight, the pilot in command shall report, in the manner
and to the persons specified by CASA, all defects in the aircraft,
aerodromes, air routes, air route facilities or airway facilities which
have come to the pilot’s notice.
Penalty: 10 penalty units .
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) Where a defect in the aircraft is reported in accordance with
subregulation (1), the operator of the aircraft shall take such action in
relation thereto as is required under these Regulations.
Replacement Page Amdt No. 14
March 2007
394 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 4 General Provisions relating to the Operation of Aircraft
248A Division 4 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.
249 Prohibition of carriage of passengers on certain flights
(1) The pilot in command of an aircraft that carries a passenger must not
engage in any of the following types of flying:
(a) flying training given to a person who has not passed a general
flying progress flight test for aircraft of the category concerned;
(b) practice of emergency procedures in the aircraft;
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