Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p33
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 33/36)
Character Range: 3094715–3097515

it must set out:
 (a) the procedures that the pilot must follow to ensure that the aeroplane carries enough fuel; and
 (b) a procedure to ensure that in‑flight fuel checks and fuel management are carried out.
 (3) A contravention of subregulation (1) is an offence of strict liability.

137.160  Aerodrome circuit requirements
 (1) The pilot in command of an aeroplane engaged in an application operation that involves a take‑off from, or landing at, an aerodrome need not conform with the circuit traffic protocol specified in the AIP for the aerodrome if:
 (a) the aeroplane is fitted with a radio; and
 (b) the pilot:
 (i) maintains a continuous listening watch on the aerodrome frequency; and
 (ii) broadcasts his or her intentions in accordance with the AIP; and
 (iii) gives priority to other traffic.
 (2) However, subregulation (1) does not apply if the flight is subject to ATC instructions.
 (3) In this regulation, AIP includes a document that is equivalent to the AIP.

137.165  Close proximity operations
 (1) For this regulation, 2 or more aeroplanes are engaged in a close proximity operation if they are flying so close to each other during an application operation as to create a collision hazard if special measures are not taken.
 (2) A person must not operate an aeroplane in a close proximity operation if the person is not an operator.
Penalty: 25 penalty units.
 (3) The pilot in command of an aeroplane must not engage in a close proximity operation unless the operation is coordinated by:
 (a) if the operation is to be conducted by 1 operator—the operator's head of flight operations, or another person nominated by the operator; or
 (b) otherwise—a suitably qualified pilot agreed to by all pilots involved in the operation.
Penalty: 25 penalty units.
 (4) The coordinator must give, to all pilots involved in the operation, instructions about the following:
 (a) transit between the landing area and the work area;
 (b) radio communications, including loss‑of‑communication procedures;
 (c) refuelling arrangements;
 (d) the conduct of the operation.
Penalty: 25 penalty units.
 (5) During the operation each pilot must:
 (a) maintain safe lateral separation from the other aeroplanes by visual and radio contact; and
 (b) comply with the instructions of the person coordinating the operation.
Penalty: 25 penalty units.
 (6) A contravention of subregulation (2), (3), (4) or (5) is an offence of strict liability.

137.170  Night operations
 (1) This regulation applies to an application operation conducted at night.
 (2) The pilot in command of the aeroplane to be used in the operation must, by inspection during daylight, be familiar with:
 (a) the work area; and
 (b) the route between the work area and the landing area.
Penalty: 25 penalty units.
 (3) The operator