Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p38
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 38/76)
Character Range: 1930551–1933336

an approval from CASA under regulation 91.045 to simulate the failure of the engine;
 (c) for an aircraft that is type certificated to carry more than 19 passengers:
 (i) there must be no flight simulator for the type of aeroplane in Australia; and
 (ii) there must be no flight simulator approved by a recognised national aviation authority in a foreign country for the type of aeroplane; and
 (iii) if subparagraphs (i) and (ii) do not apply—the operator must hold an approval from CASA under regulation 91.045 to simulate the failure of the engine;
 (d) the aeroplane must be conducting a flight of the following kind in accordance with the requirements in Subpart 91.T for the kind of flight:
 (i) a test flight of an aircraft for which a provisional certificate of airworthiness is in force;
 (ii) if a special flight permit allows the aeroplane to simulate a failure of the engine—a flight under the special flight permit;
 (iii) if an experimental certificate allows the aeroplane to simulate a failure of the engine—a flight under the experimental certificate.
 (3) An application for an approval mentioned in subparagraph (2)(b)(ii) or (2)(c)(iii) must include a safety risk management plan.
 (4) A person commits an offence if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.750  Multi‑engine aeroplane—simulating engine failures in IMC or at night
 (1) The pilot in command of a multi‑engine aeroplane for a flight contravenes this subregulation if:
 (a) the flight is:
 (i) in IMC; or
 (ii) at night; and
 (b) a failure of one of the aeroplane's engines is simulated during the flight; and
 (c) a requirement mentioned in subregulation (2) is not met.
 (2) The requirements are the following:
 (a) the pilot in command must hold a flight instructor rating, flight examiner rating or other authorisation under these Regulations that authorises the activity of simulating an engine failure;
 (b) the flight must be conducted for the purpose of pilot training, checking or testing;
 (c) only flight crew members are carried on the flight;
 (d) the pilot in command must brief the pilot under instruction before the simulation and must supervise the simulation;
 (e) for an aeroplane flown in IMC that is not conducting an approach to land mentioned in paragraph (f)—the aeroplane must be at or above the minimum height mentioned in subregulation 91.305(2);
 (f) for an aeroplane conducting an asymmetric instrument approach and missed approach:
 (i) the simulation must be initiated above the initial approach altitude; and
 (ii) the flight must be conducted with visual reference to the terrain when below a height of 1,000 ft above the relevant minima according to the aeronautical chart in use for the approach;
 (g) for an aeroplane flown at night