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(a) by day and under V.F.R; or
(b) otherwise in accordance with an approval by CASA or an
authorised person.
Penalty: 50 penalty units.
(7) A person must not operate an experimental aircraft for a purpose
mentioned in paragraph 206 (1) (b) or (c).
Penalty: 50 penalty units.
(8) A person must not operate an experimental aircraft carrying a
passenger if each of the following requirements is not satisfied:
(a) no more than 6 (or a greater number approved by CASA or an
authorised person) people are on board;
(b) the operator or the pilot in command ensures that each person
carried is told before boarding the aircraft that:
(i) the design, manufacture, and airworthiness of the aircraft is
not required to meet any standards recognised by CASA;
and
(ii) persons fly in the aircraft at their own risk;
(c) a placard bearing the warning stated in subregulation (9) is
displayed inside the aircraft in a way that is conspicuous to, and
can be easily read by, each person in the aircraft.
Penalty: 50 penalty units.
(9) For paragraph (8) (c), the warning is:
“WARNING
PERSONS FLY IN THIS AIRCRAFT AT THEIR OWN RISK
THIS AIRCRAFT IS NOT OPERATED TO THE SAME SAFETY
STANDARDS AS A NORMAL COMMERCIAL PASSENGER
FLIGHT
CASA DOES NOT SET AIRWORTHINESS STANDARDS FOR
EXPERIMENTAL AIRCRAFT”.
Replacement Page Amdt No. 12
December 2005
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
422
(11) A person must not operate an experimental aircraft in another
country’s airspace if it is not in accordance with the approval of the
appropriate authority of the country.
Penalty: 10 penalty units.
(12) A person must not operate an experimental 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.
(13) An offence against subregulation (1), (3), (4), (6), (7), (8), (11) or (12)
is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
262APA Light sport aircraft — operating limitations
(1) A person must not operate a light sport aircraft covered by regulation
21.186 of CASR unless:
(a) the aircraft is being operated for:
(i) private operations; or
(ii) conducting or undergoing flying training; or
(iii) glider towing; and
(b) maintenance has been carried out on the aircraft in accordance
with maintenance procedures issued by its manufacturer; and
(c) the aircraft has been inspected, in accordance with inspection
procedures issued by its manufacturer, at least once:
(i) in the case of an aircraft that is let on hire for a purpose
mentioned in subparagraph (a) (i), (ii) or (iii) — every 100
hours TIS or every 12 months, whichever occurs first; and
(ii) in any other case — every 12 months; and
(d) all modifications on the aircraft have been authorised by its
manufacturer; and
(e) the person who operates the aircraft ensures that each person who
boards the aircraft is told about the warning in subregulation (2)
before the person boards the aircraft; and
(f) a placard bearing the warning in subregulation (2) is displayed
inside the aircraft in a place where it is conspicuous to, and can
easily be read by, each person in the aircraft.
Penalty: 50 penalty units.
(2) For paragraphs (1) (e) and (f), the warning is:
‘THIS AIRCRAFT WAS MANUFACTURED IN
ACCORDANCE WITH LIGHT SPORT AIRCRAFT
AIRWORTHINESS STANDARDS AND DOES NOT
CONFORM TO STANDARD CATEGORY
AIRWORTHINESS REQUIREMENTS’.
Replacement Page Amdt No. 12
December 2005
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
422A
(3) Unless otherwise approved by its manufacturer, a person must not
operate a light sport aircraft covered by regulation 21.186 of CASR
contrary to:
(a) the aircraft operating instructions issued for the aircraft
(including instructions for necessary equipment in the aircraft’s
equipment list); or
(b) a safety direction or requirement issued by its manufacturer.
Penalty: 50 penalty units.
(4) A person must not operate a light sport aircraft covered by regulation
21.186 of CASR contrary to any additional operating limitation
determined, in writing, by CASA for the aircraft in the interests of
aviation safety.
Penalty: 50 penalty units.
(5) CASA must give a copy of a determination referred to in
subregulation (4) to the registered operator of the aircraft concerned.
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