Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p19
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 19/23)
Character Range: 1825573–1828309

clearance.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.280  VFR flights—compliance with VMC criteria
 (1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight, the aircraft is not flown in accordance with a requirement of the VMC criteria for the aircraft and the airspace in which the flight is conducted.
 (2) Subregulation (1) does not apply to a flight of an aircraft if:
 (a) air traffic control has authorised the pilot in command of the aircraft to conduct the flight under the special VFR; and
 (b) the pilot in command complies with the special VFR.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.

91.283  VFR flights—aircraft not to exceed certain speeds
 (1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight, the aircraft is flown at a transonic or supersonic speed.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.285  VFR flights—flights in class A airspace
 (1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight:
 (a) the aircraft is flown in class A airspace; and
 (b) the pilot in command does not hold an approval under regulation 91.045 to conduct a VFR flight in class A airspace.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Subdivision 91.D.4.3—Instrument flight rules

91.287  IFR flights
 (1) The Part 91 Manual of Standards may prescribe requirements relating to the operation of an aircraft for an IFR flight.
 (2) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

91.290  Specified IFR cruising levels
 (1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track.
 (2) Subregulation (1) does not apply if:
 (a) the aircraft is in uncontrolled airspace; and
 (b) it is not practicable for the pilot in command to fly the aircraft at a specified IFR cruising level for the track.
 (3)