Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p2
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 2/76)
Character Range: 1840871–1843602

the aircraft is flown so that it passes ahead of the other aircraft, or directly over or under it, so closely that there is a risk of collision.

Exceptions
 (5) Subregulation (1), (2), (3) or (4) does not apply if it is necessary, in order to avoid a collision with an aircraft, to not comply with the subregulation.
 (5A) Paragraph (2)(b) does not apply if:
 (a) the aircraft is a glider engaged in ridge or hill soaring; and
 (b) the pilot flies the aircraft so that it passes between the ridge or hill and the other aircraft.
 (6) Subregulation (4) does not apply if, as a result of a command of the aircraft's airborne collision avoidance system, the pilot was manoeuvring the aircraft to the extent necessary to ensure the safety of the aircraft.

Offence
 (7) A person commits an offence of strict liability if the person contravenes subregulation (1), (2), (3) or (4).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (5), (5A) or (6): see subsection 13.3(3) of the Criminal Code.

91.340  Right of way rules for take‑off and landing
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during take‑off or landing, the aircraft is flown in a manner that creates a risk of collision with:
 (a) another aircraft; or
 (b) a person, vessel, vehicle or structure.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Subdivision 91.D.4.5—Avoiding collisions on water

91.345  Compliance with International Regulations
 (1) This regulation applies in relation to a requirement of the International Regulations to the extent that the requirement is not inconsistent with a requirement of regulation 91.355.
 (2) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) the aircraft is operating on water; and
 (b) the aircraft is not operated in accordance with the International Regulations.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

91.350  Giving way to vessels
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the aircraft is in level flight, or is manoeuvring near the surface of water; and
 (b) the aircraft does not, as far as possible:
 (i) keep clear of a vessel; or
 (ii) avoid impeding the navigation of a vessel.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.355  Giving way on water
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during