Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p47
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 47/76)
Character Range: 1953836–1956734

condition limiting the area within which the aircraft may be flown—the flight must not take place outside, or partly outside, that area unless the holder of the provisional certificate of airworthiness for the aircraft holds an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;
 (b) if the flight is over a populous area—the holder of the provisional certificate of airworthiness for the aircraft must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;
 (c) either:
 (i) the flight must take place by day and under the VFR; or
 (ii) the holder of the provisional certificate of airworthiness for the aircraft must hold an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph.
 (2) It is a requirement for a grant of an approval mentioned in paragraphs (1)(a) and (b) that CASA or an authorised person is satisfied that the aircraft:
 (a) is controllable throughout its normal range of speeds and throughout all of the manoeuvres to be executed; and
 (b) has no hazardous operating characteristics or design features.

91.865  Provisionally certificated aircraft—requirements for the carriage of people
 (1) For the purposes of paragraph 91.850(2)(g), the requirements for the carriage of people are as follows:
 (a) each person carried on the aircraft must be notified before boarding the aircraft that only a provisional certificate of airworthiness has been issued for the aircraft;
 (b) a person must not be carried on the aircraft unless subregulation (2) applies to the person.
 (2) This subregulation applies to a person if:
 (a) the person has a function in the aircraft's operations; or
 (b) both of the following apply:
 (i) carriage of the person is authorised by the manufacturer;
 (ii) the holder of the provisional certificate of airworthiness for the aircraft holds an approval under regulation 91.045 or 91.050 for the carriage of the person.

91.870  Provisionally certificated aircraft—additional requirements for operators
 (1) The operator of an aircraft for which a provisional certificate of airworthiness is in force must hold an approval under regulation 91.045 or 91.050 for procedures for use by flight crew and personnel who carry out a ground support duty in both:
 (a) operating the aircraft in accordance with this Division; and
 (b) landing at and taking off from an aerodrome if take‑off or approach over a populous area is necessary.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 91.T.4—Experimental aircraft—operating requirements

91.875  Experimental aircraft—operating requirements
 (1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) an experimental certificate has been issued for the aircraft; and
 (b) the aircraft