Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p12
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 12/76)
Character Range: 1865734–1868455

the law of the aeroplane's State of registry or the State of the operator; or
 (iii) a person of a kind prescribed by the Part 91 Manual of Standards; and
 (b) if subparagraph (a)(iii) applies—the aeroplane must be secured from moving.
 (3) Subregulation (1) does not apply if:
 (a) the person starting the engine of the aeroplane is hand‑starting the propeller of the aeroplane; and
 (b) assistance is not readily available; and
 (c) adequate provision is made to prevent the aeroplane moving forward; and
 (d) no person is on board the aircraft.
 (4) A person contravenes this subregulation if:
 (a) the person operates an aeroplane on the ground, or causes an aeroplane to be operated on the ground; and
 (b) the person permits another person to board the aeroplane or to remain on the aeroplane while a pilot seat of the aeroplane is not occupied by a person who is competent to apply the brakes and control the engine.
 (5) For the purposes of paragraph (4)(b), a person is competent to apply the brakes and control the engine of an aeroplane if:
 (a) the person has been given instructions on how, and assessed as competent, to apply the brakes and control the engine (including how to shut the engine down) by another person; or
 (b) the person is authorised under Part 61 or Part 64 to taxi the aeroplane; or
 (c) if the aeroplane is a foreign registered aircraft—the person is qualified to pilot or taxi the aeroplane under the law of the aeroplane's State of registry or the State of the operator.
 (6) A person commits an offence of strict liability if the person contravenes subregulation (1) or (4).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code.

91.430  Safety when rotorcraft operating on ground
 (1) A person contravenes this subregulation if:
 (a) the person operates a rotorcraft on the ground; and
 (b) the rotorcraft is being operated other than for maintenance or maintenance training; and
 (c) a requirement mentioned in subregulation (2) is not met.
 (2) The requirements are the following:
 (a) that the person is:
 (i) if the rotorcraft is an Australian aircraft—authorised under Part 61 to pilot the rotorcraft; or
 (ii) if the rotorcraft is a foreign registered aircraft—authorised to pilot the rotorcraft by the rotorcraft's State of registry; or
 (iii) a person of a kind prescribed by the Part 91 Manual of Standards; and
 (b) if subparagraph (a)(iii) applies—the rotorcraft must be secured from moving.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 91.D.6—Fuel requirements

91.455