Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p9
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 9/35)
Character Range: 2929571–2932383

and (b) include the following:
 (a) the surface condition of the area of water, including the wave height, wind conditions and swell;
 (b) the limits of the capability of the life rafts carried on the aeroplane to stay upright and floating in certain sea states, and to support the survival of persons who were in the aeroplane.

135.020  Approvals by CASA for Part 135
 (1) If a provision of this Part, or of the Part 135 Manual of Standards, refers to a person holding an approval under this regulation, a person may apply to CASA, in writing, for the approval.
 (2) Subject to regulation 11.055, the approval must be granted.
 (3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation.

135.025  Issue of Manual of Standards for Part 135
  For the purposes of subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:
 (a) required or permitted by these Regulations to be prescribed by the Part 135 Manual of Standards; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
Note: A Manual of Standards is a legislative instrument: see subsection 98(5AA) of the Act.
Subpart 135.C—General

Division 135.C.1—General flight limitations

135.030  Permitted categories of aeroplanes
 (1) The operator of an aeroplane for a flight contravenes this subregulation if:
 (a) the aeroplane begins the flight; and
 (b) the aeroplane is not type certificated in any of the following categories:
 (i) transport;
 (ii) commuter;
 (iii) normal;
 (iv) a category prescribed by the Part 135 Manual of Standards.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

135.035  Flight distance limitations
 (1) The Part 135 Manual of Standards may prescribe requirements relating to flight distance limitations for a flight of an aeroplane.
 (2) The operator and the pilot in command of an aeroplane for a flight each contravene this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.
 (2A) Subregulation (2) does not apply to:
 (a) an operator or a pilot; and
 (b) a requirement;
if the operator or the pilot holds an approval under regulation 135.020 for the requirement.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2A): see subsection 13.3(3) of the Criminal Code.

Division 135.C.2—Operational documents

135.040  Compliance with flight manual
 (1) The operator of an aeroplane for a flight contravenes this subregulation if, during the flight, the aeroplane is operated in a way that does not meet a requirement or limitation