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Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(5) Subregulation (4) does not apply if an emergency arises that, in the
interests of safety, makes it necessary for an aircraft to land at an
aerodrome where the meteorological minima is less than that
determined for that aircraft operation at that aerodrome.
(6) This regulation does not prevent a pilot from:
(a) making an approach for the purpose of landing at an aerodrome;
or
(b) continuing to fly towards an aerodrome of intended landing
specified in the flight plan;
if the pilot believes, on reasonable grounds, that the meteorological
minima determined for that aerodrome will be at, or above, the
meteorological minima determined for the aerodrome at the time of
arrival at that aerodrome.
258 Flights over water
(1) The pilot in command of the aircraft must not fly over water at a
distance from land greater than the distance from which the aircraft
could reach land if the engine, or, in the case of a multi-engined
aircraft, the critical engine (being the engine the non-operation of
which when the other engines are in operation gives the highest
minimum speed at which the aircraft can be controlled) were
inoperative.
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.
(3) It is a defence to a prosecution under subregulation (1) if the flight
was:
(a) in accordance with directions issued by CASA; or
(b) in the course of departing from or landing at an aerodrome in
accordance with a normal navigational procedure for departing
from or landing at that aerodrome.
Note A defendant bears an evidential burden in relation to the matters in
subregulation (3) (see subsection 13.3 (3) of the Criminal Code).
259 Manned free balloons
(1) A person must not fly a free balloon if the person does not have the
express permission of CASA and then only in accordance with the
terms of that permission.
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) This regulation does not apply to an unmanned free balloon to which
Part 101 of CASR applies.
Replacement Page Amdt No. 8
December 2004
406 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
260 Manned fixed balloons and kites
(1) Despite regulation 157, a person may fly a fixed balloon or kite at a
height not exceeding 300 feet.
(2) A person must not fly a fixed balloon or kite within 4 000 metres of an
aerodrome or at a height of more than 300 feet if the following
requirements are not satisfied:
(a) the person has CASA’s permission to fly the balloon or kite at
that height;
(b) the flight is in accordance with the terms of that permission.
Penalty: 10 penalty units.
(3) A person flying a fixed balloon or kite must fly it in V.M.C.
Penalty: 10 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.
(5) This regulation does not apply to an unmanned fixed balloon or kite to
which Part 101 of CASR applies.
262 Carriage of examiners
(1) CASA may authorise officers of CASA to undertake examinations,
inspections or checks of the work of an aircraft’s crew, the operation
of an aircraft or its equipment or of the ground organisation provided
by the operator of an aircraft for use by aircraft.
(2) An operator must provide an authorised officer with accommodation
on aircraft in the following circumstances:
(a) on receipt of 7 days’ notice prior to a flight from the officer of his
or her intention to travel on that flight;
(b) on immediate demand from the officer of his or her intention to
travel, if his or her carriage in the aircraft does not mean the offloading
of a passenger or of cargo being carried in the aircraft on
the particular flight concerned;
(c) on immediate demand from the officer of his or her intention to
travel irrespective of whether his or her carriage in the aircraft
means the off-loading of a passenger or of goods, if the officer
considers the circumstances of the case so warrant.
Penalty: 10 penalty units.
(2A) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Replacement Page Amdt No. 8
December 2004
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