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the ground or water; and
(ii) if it is using an aerodrome in a capital city—it follows an
access route approved by CASA or an authorised person for
the purpose; or
(c) CASA or an authorised person has approved it to do so.
Penalty: 50 penalty units.
(11) In considering whether to grant an approval under paragraph (10) (c),
CASA or the person authorised under that paragraph must take into
account the aircraft’s permit index and anything else CASA or the
authorised person considers relevant for the safety of other airspace
users and persons on the ground or water.
(12) A person must not operate a limited category aircraft in another
country’s airspace if the operation of the aircraft is not in accordance
with the approval of the appropriate authority of the country.
Penalty: 10 penalty units.
(13) A person must not operate a limited category aircraft for a purpose
mentioned in paragraph 206 (1) (a) if the person is not the holder of an
appropriate AOC.
Penalty: 10 penalty units.
(14) CASA or an authorised person must assign a permit index (that is, a
whole number between 0 and 3) in accordance with Advisory Circular
21.25 issued by CASA, as published from time to time, to a limited
category aircraft for the purpose of applying appropriate safety
conditions to the operation of the aircraft.
(15) An offence against subregulation (1), (3), (4), (7), (8), (10), (12) or
(13) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
262AN Approved organisations
(1) CASA may approve an organisation to administer the operation of
limited category aircraft engaged in a special purpose operation
mentioned in subregulation 21.189 (3) of CASR if CASA is satisfied
that the organisation:
(a) is suitable, and has enough suitably qualified and competent
personnel, to ensure that the administration of relevant aircraft
418 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
operations, airworthiness assessments and continuing
airworthiness procedures can be properly carried out; and
(b) has suitable practices, procedures, limitations and conditions to
control the operation and ensure that the operational and
airworthiness activities that it is to administer are conducted
safely; and
(c) has engaged, employed or contracted a chief executive who has
authority and responsibility for ensuring that all activities carried
out by the organisation are done with a reasonable degree of care
and diligence.
(2) However, CASA may approve an organisation under subregulation (1)
only if the organisation produces and keeps up to date a manual, or
manuals, acceptable to CASA, that:
(a) is or are consistent with these regulations; and
(b) documents the practices, procedures, limitations and conditions
mentioned in paragraph (1) (b).
(3) A person must operate a limited category aircraft only in accordance
with a manual produced by an organisation approved under
subregulation (1).
Penalty: 50 penalty units.
(4) Subregulation (3) does not apply if the person has CASA’s approval to
operate other than in accordance with a manual produced by an
organisation approved under subregulation (1).
(5) An offence against subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
262AO Provisionally certificated aircraft—operating limitations
(1) A person must not operate a provisionally certificated aircraft if the
person is not the holder of the provisional certificate of airworthiness
for that aircraft.
Penalty: 50 penalty units.
(2) A person must not operate a provisionally certificated aircraft in
another country’s airspace if the operation is not in accordance with
the approval of the appropriate authority of the country.
Penalty: 10 penalty units.
(3) A person must not operate a provisionally certificated aircraft for a
purpose mentioned in paragraph 206 (1) (b) or (c).
Penalty: 50 penalty units.
(4) A person may operate a provisionally certificated aircraft only if:
(a) to obtain type or supplemental type certification for the aircraft;
or
(b) for training flight crews, including simulated operations of the
type mentioned in paragraph 206 (1) (b) or (c); or
Civil Aviation Regulations 1988 419
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(c) for a demonstration flight by the manufacturer for prospective
purchasers; or
(d) for market surveys by the manufacturer; or
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