Document ID: chunk:federal_register_of_legislation:F2024C01118:reg:3:p2
Version: federal_register_of_legislation:F2024C01118
Segment Type: reg
Provision Reference: reg 3 (pt 2/9)
Character Range: 134624–137334

AMSL (a relevant aircraft) is not required to comply with subsection (1).
       (3) Subsection (2) does not apply if a relevant aircraft is operating in accordance with the VMC criteria at item 5 or 6 of Table 2.02 (3).
       (4) Subsection (2) does not apply if a relevant aircraft is operating within, or intending to enter, an MBA.
Note   Certain operational requirements for MBA are contained in section 15.04. Radio broadcast requirements for MBA are contained in section 16.06.

26.08 When aircraft may begin a flight with inoperative radiocommunications
       (1) This section applies to a flight of a Part 131 aircraft that is not a balloon transport operation.
       (2) A Part 131 aircraft for which a radiocommunication system is required may begin a flight in controlled airspace with an inoperative radiocommunication system only if:
(a) before the flight begins, the ATS service for the airspace is informed of the inoperative radiocommunication system; and
(b) clearance for the flight is obtained from the ATS service; and
(c) for the portions of the flight conducted in Class G airspace above 5 000 ft AMSL, or conducted in an MBA:
           (i) the flight is conducted during the day in VMC; and
           (ii) the flight is conducted in-company with another aircraft (the other aircraft); and
           (iii) the other aircraft is carrying an operative radio; and
           (iv) the pilot in command of the other aircraft ensures that all the broadcasts and reports required by regulation 131.354 are made for both aircraft; and
           (v) the pilot in command of the other aircraft is:
            (A) if the aircraft is an Australian aircraft — authorised under Part 5 of CAR to operate the radio; or
            (B) if the aircraft is a foreign registered aircraft — authorised to operate the radio under the law of the aircraft's State of registry.
Note   For continuation of a flight with an inoperative radiocommunication system, see section 15.03.

26.09 Fuel and burner equipment
        Except for a gas balloon, a Part 131 aircraft for a flight must be fitted with, or carry, the following equipment:
(a) equipment for measuring and indicating fuel quantity;
(b) at least 2 items of equipment for igniting the burner;
(c) for flight at night, at least 2 independent fuel systems.

26.10 Lines and ropes
       (1) Except for a gas balloon, a Part 131 aircraft for a flight must be fitted with, or carry, a drop or handling line that is at least 25 m in length.
       (2) For a flight of a Part 131 aircraft that is both a free balloon and a gas balloon, the aircraft must be fitted with, or carry, a trail rope that is at least 20 m in length and made of natural fibre