Document ID: chunk:federal_register_of_legislation:F2024C01173:reg:2:p2
Version: federal_register_of_legislation:F2024C01173
Segment Type: reg
Provision Reference: reg 2 (pt 2/7)
Character Range: 193499–196307

set out in the aeroplane's aircraft flight manual instructions, not more than 50% of the headwind component, or not less than 150% of the tailwind component, for the runway.
 (3) In this section:
take-off distance required, for the aeroplane, means the take-off distance to 50 ft AGL, for the aeroplane, calculated in accordance with the relevant requirements stated in the aeroplane's flight manual.
take-off run available, for a runway at an aerodrome, means the length of the runway available and suitable for the ground run of the aeroplane taking off at the aerodrome.

9.08H  Initial climb performance and obstacle clearance
 (1) The operator, and pilot in command, must each ensure that until the aeroplane reaches the minimum height (the relevant height) for the flight in accordance with regulation 91.265, 91.267 or 91.305, of CASR, as applicable:
 (a) for all flights—the aeroplane has the performance to clear all obstacles by a safe margin, as determined by the operator's exposition; and
 (b) for flights not conducted in VMC by day—the aeroplane has the performance to reach, and maintain, the relevant height.
 (2) For the purposes of subsection (1), the following matters must be taken into account:
 (a) the take-off configuration of the aeroplane;
 (b) the pressure altitude, and presumed temperature, at the aerodrome;
 (c) the obstacles, if any, in the vicinity of the take‑off path and en route;
 (d) the forecast weather en route.

9.08J  Take-off requirements—additional requirements for aeroplanes with maximum take-off weight more than 3 500 kg
 (1) This section applies if an aeroplane has a maximum take-off weight of more than 3 500 kg.
 (2) The operator, and the pilot in command, must each ensure that, at take-off, the weight of the aeroplane does not exceed a weight such that the gross gradient of climb with the critical engine inoperative is equal to, or greater than, the obstacle-free gradient specified in the authorised aeronautical information for the take-off distance available.
 (3) Despite subsection (2), if the obstacle-free gradient specified in the authorised aeronautical information for the take-off distance available is less than 1.9%, the operator and the pilot in command must ensure the weight of the aeroplane does not exceed a weight that enables the aeroplane to achieve a gross gradient of climb of at least 1.9%.
 (4) For the purposes of subsection (2):
 (a) the gradient must be established for a distance of 3 000 m from the end of the take-off distance available; and
 (b) the following matters must be taken into account:
 (i) the pressure altitude at the aerodrome;
 (ii) the presumed temperature at the aerodrome.

9.08K  En route obstacle clearance for multi‑engine aeroplane
 (1) The operator and pilot in command of an aeroplane must each