Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p13
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 13/23)
Character Range: 1810658–1813518

preparation (alternate aerodromes) requirement is not met for the flight.
Note: This regulation does not apply to the operation of an aircraft if regulation 121.170 applies to the operation: see regulation 91.035.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

Division 91.D.3—Flight notifications and pre‑flight checks

91.240  Flight notifications
 (1) The Part 91 Manual of Standards may prescribe requirements (the flight notification requirements) relating to flight notifications.
 (2) The pilot in command of an aircraft for a flight contravenes this subregulation if a flight notification requirement is not met for the flight.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

91.245  Matters to be checked before take‑off
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft takes off for the flight, a check prescribed by the Part 91 Manual of Standards has not been carried out.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 91.D.4—Flight rules

Subdivision 91.D.4.1—General

91.255  Air traffic services—prescribed requirements
 (1) The Part 91 Manual of Standards may prescribe requirements in relation to the use by an aircraft of:
 (a) a class of airspace or a portion of a class of airspace; or
 (b) a controlled aerodrome; or
 (c) a control area; or
 (d) a control zone; or
 (e) a prohibited area; or
 (f) a restricted area; or
 (g) a danger area.
 (2) The pilot in command of an aircraft for a flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

91.257  Air traffic control clearances and instructions
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) air traffic control gives the pilot in command an air traffic control clearance or air traffic control instructions; and
 (b) the pilot in command does not comply with the clearance or instructions.
 (2) Subregulation (1) does not apply if:
 (a) it is not practicable to seek authorisation for the non‑compliance before it occurs; and
 (b) the non‑compliance is necessary for the safety of the aircraft or the persons on the aircraft; and
 (c) the pilot in command informs air traffic control about the non‑compliance as soon as practicable after the pilot in command is unable to comply with the clearance or instructions.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty