Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p18
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 18/23)
Character Range: 1823165–1825833

below 3,000 ft above mean sea level;
 (b) the aircraft is at or above 3,000 ft above mean sea level but below 1,500 ft AGL;
 (c) it is not practicable for the pilot in command to fly the aircraft at a specified VFR cruising level for the track;
 (d) the aircraft is a glider in soaring flight.
 (3) Subregulation (1) does not apply if:
 (a) the aircraft is in controlled airspace; and
 (b) air traffic control has given the pilot in command an air traffic control instruction, or an air traffic control clearance, to fly the aircraft other than at a specified VFR cruising level for the track.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) or (3): see subsection 13.3(3) of the Criminal Code.

91.277  Minimum heights—VFR flights at night
 (1) The pilot in command of an aircraft for a VFR flight at night contravenes this subregulation if, during the flight:
 (a) the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation (2); and
 (b) none of the circumstances mentioned in subregulation (3) applies.
Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.
 (2) The minimum height is the lowest height of the following for the route or route segment:
 (a) the published lowest safe altitude for the route or route segment (if any);
 (b) the minimum sector altitude published in the authorised aeronautical information for the flight (if any);
 (c) the lowest safe altitude for the route or route segment;
 (d) 1,000 ft above the highest obstacle on the ground or water within 10 nautical miles ahead of, and to either side of, the aircraft at that point on the route or route segment;
 (e) the lowest altitude for the route or route segment calculated in accordance with a method prescribed by the Part 91 Manual of Standards for the purposes of this paragraph.
 (3) The circumstances are the following:
 (a) the aircraft is taking off or landing;
 (b) the aircraft is within 3 nautical miles of the aerodrome from which the aircraft has taken off, or at which the aircraft will land;
 (c) the aircraft is being flown in accordance with an air traffic control clearance.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.280  VFR flights—compliance with VMC criteria
 (1) The pilot in command of an aircraft for a VFR flight contravenes this