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(c) low flying practice;
(d) testing an aircraft or its components, power plant or equipment.
Penalty: 50 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.
(3) An aircraft while engaged in flying of the type specified in paragraph
(1) (d) may carry engineering and maintenance personnel who are
required, as part of their duties, to be present in the aircraft during the
flight for the purpose of flight observation or of maintenance of the
aircraft, including any aircraft component installed in the aircraft.
(4) For the purposes of this regulation, the categories of aircraft are as
follows:
(a) aeroplanes;
(b) helicopters;
(c) gyroplanes;
(d) airships.
250 Carriage on wings, undercarriage etc.
(1) The operator of an aircraft must not permit a person to be carried on:
(a) the wings or undercarriage of the aircraft; or
(b) any part of the aircraft that is not designed for the
accommodation of the crew or passengers; or
(c) anything attached to the aircraft.
Penalty: 50 penalty units.
(1A) The pilot in command of an aircraft must not permit a person to be
carried on:
(a) the wings or undercarriage of the aircraft; or
(b) any part of the aircraft that is not designed for the
accommodation of the crew or passengers; or
(c) anything attached to the aircraft.
Penalty: 50 penalty units.
Replacement Page Amdt No. 14
March 2007
Civil Aviation Regulations 1988 395
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(1B) Subregulations (1) and (1A) do not apply to prevent a member of the
crew having temporary access to:
(a) any part of the aircraft for the purpose of executing repairs or
adjustments to the aircraft or its equipment, or doing anything
that may be necessary for the safety of the aircraft or any persons
or cargo carried in the aircraft; or
(b) any part of the aircraft in which goods or stores are being carried
and to which proper means of access is provided.
(2) A person may, with the permission of CASA given in respect of:
(a) a particular flight;
(b) flights of a particular kind; or
(c) flights included in a series of flights;
be carried, during a flight in respect of which the permission is given,
on or in a part of an aircraft that is not designed for the
accommodation of the crew or passengers, or on or in anything
attached to an aircraft.
(3) CASA may, when granting a permission referred to in subregulation
(2), specify conditions subject to which a person may be carried.
(4) A person must not contravene a condition to which a permission is
subject.
Penalty: 50 penalty units.
(5) An offence against subregulation (1), (1A) or (4) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(6) It is a defence to a prosecution under subregulation (1) or (1A) if the
person had CASA’s permission under subregulation (2).
Note A defendant bears an evidential burden in relation to the matter in
subregulation (6) (see subsection 13.3 (3) of the Criminal Code).
251 Seat belts and safety harness
(1) Subject to this regulation, seat belts shall be worn by all crew
members and passengers:
(a) during take-off and landing;
(b) during an instrument approach;
(c) when the aircraft is flying at a height of less than 1,000 feet above
the terrain; and
(d) at all times in turbulent conditions.
Penalty: 10 penalty units.
(2) Subregulation (1) does not apply in relation to an authorised officer of
CASA undertaking examinations, inspections or checks of the work of
an aircraft’s crew or the operation of an aircraft or its equipment under
regulation 262.
396 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3) CASA may direct that a type of safety harness specified in the
direction shall be worn in place of a seat belt in the circumstances set
out in the direction.
(4) The pilot in command shall ensure that a seat belt or safety harness is
worn at all times during flight by at least one of the pilot crew
members.
Penalty: 25 penalty units.
(5) Subject to subregulation (6), the operator of an aircraft shall detail a
member of the crew to ensure that a seat belt or safety harness is worn
by each occupant of the aircraft during the times specified in
subregulation (1) and to ensure that each belt or harness is adjusted to
fit the wearer without slack.
Penalty: 10 penalty units.
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