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(e) for flight checking of instruments, accessories, and items of
equipment that do not affect the basic airworthiness of the
aircraft; or
(f) for service testing of the aircraft.
Penalty: 50 penalty units.
(5) A person operating a provisionally certificated aircraft must operate
within the limitations displayed in the aircraft or stated in the
provisional aircraft flight manual or other appropriate document.
(6) However, when operating the aircraft during its type certification or
supplemental type certification, the person must operate under the
limitations applying to experimental aircraft under regulation 262AP
and, when flight testing it, must comply with regulation 262AS.
Penalty: 50 penalty units.
(7) A person operating a provisionally certificated aircraft must establish
approved procedures for:
(a) use by, and guidance of, flight and ground personnel in operating
under this regulation; and
(b) landing at and taking-off from aerodromes where take-offs or
approaches over populated areas are necessary.
Penalty: 50 penalty units.
(8) A person operating a provisionally certificated aircraft must comply
with the approved procedures.
Penalty: 50 penalty units.
(9) A person operating a provisionally certificated aircraft must ensure
that each flight crew member is properly licensed and rated, and has
adequate knowledge of and familiarity with, the aircraft and
procedures to be used by the crew member.
Penalty: 50 penalty units.
(10) A person operating a provisionally certificated aircraft must maintain
it in accordance with a maintenance program approved under
regulation 21.081 or 21.083 of CASR.
Penalty: 50 penalty units.
(11) A person operating a provisionally certificated aircraft :
(a) must not carry anyone in the aircraft who does not have a proper
interest in the operations allowed by this regulation, or who is not
specifically authorised by both the manufacturer, and by CASA
or an authorised person, to be carried; and
(b) must tell each person carried that the aircraft is provisionally
certificated .
Penalty: 50 penalty units.
420 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(12) An offence against subregulation (1), (2), (3), (4), (6), (7), (8), (9),
(10) or (11) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
262AP Experimental aircraft—operating limitations
(1) A person must not operate an aircraft for which a special certificate of
airworthiness is in force under regulation 21.195A of CASR, if the
operation is not one of the following kinds:
(a) an operation for a purpose for which the certificate is issued;
(b) an operation permitted by subregulation (2).
Penalty: 50 penalty units.
(2) An experimental aircraft may be used for any of the following
operations in support of an operation for which the special certificate
of airworthiness was issued:
(a) taking the aircraft to or from a place where maintenance on the
aircraft can be done, or has been done;
(b) testing the aircraft after maintenance;
(c) training a person to qualify for an aircraft endorsement on the
aircraft;
(d) practice in flying the aircraft;
(e) carrying out a demonstration or test of the aircraft for sale;
(f) delivering the aircraft to a person under a contract of sale;
(g) for an amateur-built or kit-built aircraft—flying training given in
the aircraft to its owner.
(3) A person must not operate an experimental aircraft outside the area
assigned for the purpose by CASA or an authorised person, and must
not carry persons other than essential crew in the aircraft, until it is
shown that it:
(a) is controllable throughout its normal range of speeds and
throughout all the manoeuvres to be executed; and
(b) has no hazardous operating characteristics or design features.
Penalty: 50 penalty units.
Civil Aviation Regulations 1988 421
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(4) A person must not operate an experimental aircraft over the built-up
area of a city or town unless authorised to do so under subregulation
(5).
Penalty: 50 penalty units.
(5) CASA or an authorised person may authorise a particular aircraft to be
operated over the built-up area of a city or town subject to the
conditions and limitations CASA or the authorised person considers
necessary for the safety of other airspace users and persons on the
ground or water.
(6) A person operating an experimental aircraft must operate it only:
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