Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p8
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 8/76)
Character Range: 1855686–1858468

Subregulation (1) does not apply to the pilot in command of a seaplane or amphibian if the pilot in command contravenes the subregulation only to the extent necessary:
 (a) to avoid an obstacle; or
 (b) to avoid undue noise over a populated area without compromising the aircraft's safety; or
 (c) for a single engine seaplane or amphibian—to enable the aircraft to land on water if its engine fails.
 (3) Subregulation (1) does not apply to the pilot in command of an aircraft if a change to the track is necessary to avoid the terrain.
 (4) 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) or (3): see subsection 13.3(3) of the Criminal Code.

91.395  Straight‑in approaches at non‑controlled aerodromes
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the aircraft approaches a non‑controlled aerodrome to land using a straight‑in approach; and
 (b) a requirement mentioned in subregulation (2) is not met.
 (2) The requirements are the following:
 (a) before starting the approach, the pilot in command must determine:
 (i) the wind direction at the aerodrome; and
 (ii) the runways in use at the aerodrome;
 (b) the aircraft must give way to any other aircraft flying in the circuit pattern for the aerodrome;
 (c) for an approach other than an approach covered by subregulation (2A)—all manoeuvring must be carried out, to establish the aircraft on the final approach, at least 3 nautical miles from the threshold of the runway intended to be used for the landing.
 (2A) An approach is covered by this subregulation if:
 (a) the approach is carried out in IMC using an instrument approach procedure; or
 (b) the approach is by a Part 103 aircraft prescribed by the Part 103 Manual of Standards for the purposes of this paragraph.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.400  Communicating at certified, registered, military or designated non‑controlled aerodromes
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the aircraft is operated on the manoeuvring area of, or in the vicinity of:
 (i) a certified aerodrome; or
 (ii) a registered aerodrome; or
 (iii) a military aerodrome; or
 (iv) an aerodrome prescribed as a designated non‑controlled aerodrome by the Part 91 Manual of Standards for this subparagraph; and
 (b) the aerodrome is a non‑controlled aerodrome; and
 (c) if the aircraft is not carrying an operative radio—the requirement in subregulation (2) is not met.
 (2) The requirement is that either subregulation (3) or