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entering controlled airspace.
Penalty: 5 penalty units.
Replacement Page Amdt No. 13
July 2006
410 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
262AF Reporting unserviceable ACAS before flight
(1) Before beginning a flight in Australian territory in an Australian
aircraft that is a turbine-powered commercial aeroplane, the pilot in
command must tell air traffic control that the aircraft is beginning the
flight without an approved TCAS II that is serviceable if:
(a) the flight is for the purpose set out in paragraph 262AC (2) (a); or
(b) the aircraft is fitted with an approved but unserviceable TCAS II
whose inclusion in the aircraft amounts to a permissible
unserviceability in the aircraft.
Penalty: 5 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.
Replacement Page Amdt No. 13
July 2006
Civil Aviation Regulations 1988 411
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Subdivision 2 Foreign aircraft
262AG ACAS requirements—turbine-powered commercial aeroplanes
(1) After 31 December 1999, the pilot in command of a foreign aircraft
that is a turbine-powered commercial aeroplane must not begin a flight
in Australian territory if the aircraft is not fitted with an approved
TCAS II that is serviceable.
Penalty: 25 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) Subregulation (1) does not apply if:
(a) the flight is for the purpose of moving the aircraft to a place to
have an approved but unserviceable TCAS II that is fitted to the
aircraft repaired, removed, replaced or overhauled; or
(b) the aircraft is fitted with an approved TCAS II that is
unserviceable and, at the beginning of the flight:
(i) the unserviceability is permitted for the aircraft under a law
in force in the country in which the aircraft is registered;
and
(ii) not more than 10 days have passed since the TCAS II
became unserviceable; and
(iii) the aircraft has been in Australian territory for no more than
a total of 72 hours during those days.
262AH ACAS must be activated during flight
(1) The pilot in command of a foreign aircraft that is a turbine-powered
commercial aeroplane fitted with an approved TCAS II that is
serviceable must take all reasonable steps to ensure that the TCAS II is
activated at all times while the aircraft is in flight in Australian
territory.
Penalty: 25 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.
262AI Reporting unserviceable ACAS during flight
(1) This regulation applies to an approved TCAS II fitted to a foreign
aircraft that is a turbine-powered commercial aeroplane.
(2) If a TCAS to which this regulation applies becomes unserviceable
while the aircraft is in flight in, or on a flight into, Australian territory,
the pilot in command must:
(a) if the aircraft is in controlled airspace—tell air traffic control of
the unserviceability as soon as practicable; or
412 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(b) if the aircraft is not in controlled airspace—take all reasonable
steps to tell air traffic control of the unserviceability before
entering controlled airspace.
Penalty: 5 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.
262AJ Reporting unserviceable ACAS before flight
(1) Before beginning a flight of a kind mentioned in subregulation 262AG
(3), the pilot in command must tell air traffic control that the aircraft
does not have a serviceable TCAS II.
Penalty: 5 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.
Civil Aviation Regulations 1988 413
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Division 6 Operating limitations for aircraft certificated in certain categories
and experimental aircraft
262AK Application of this Division
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