Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p46
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 46/76)
Character Range: 1951035–1954096

taking the aircraft to a place where the special purpose operation is to start;
 (c) taking the aircraft from a place where the special purpose operation has ended;
 (d) any other operation necessary to accomplish the special purpose operation.

Division 91.T.3—Provisionally certificated aircraft—operating requirements

91.850  Provisionally certificated aircraft—operating requirements
 (1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) a provisional certificate of airworthiness has been issued for the aircraft; and
 (b) the aircraft begins a flight; and
 (c) a requirement mentioned in subregulation (2) is not met for the flight.
 (2) The requirements are as follows:
 (a) the certificate of airworthiness must be in force;
 (b) if the certificate of airworthiness is granted subject to a condition or requirement—the condition or requirement for the flight must be complied with;
 (c) the flight must not be an air transport operation or a balloon transport operation;
 (d) the flight must be an operation of a kind mentioned in regulation 91.855;
 (e) if the aircraft is being flown to obtain type certification or supplemental type certification for the aircraft—the requirements in regulation 91.860 are met;
 (f) if paragraph (e) does not apply to the flight—the aircraft must be flown within the limitations stated in the aircraft flight manual instructions for the aircraft;
 (g) the requirements for the carriage of people mentioned in regulation 91.865 must be complied with;
 (h) the pilot must comply with the procedures mentioned in subregulation 91.870(1).
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.855  Provisionally certificated aircraft—kinds of operations permitted
  For the purposes of paragraph 91.850(2)(d), the kinds of operation are as follows:
 (a) an operation that is required to obtain type certification or supplemental type certification for the aircraft;
 (b) training flight crew members, including by means of simulated air transport operations;
 (c) a demonstration flight by the aircraft's manufacturer for prospective purchasers;
 (d) an operation by the aircraft's manufacturer for the purpose of conducting a market survey;
 (e) an operation conducted for the purpose of flight checking of instruments, accessories, and items of equipment that do not affect the airworthiness of the aircraft;
 (f) service testing of the aircraft.

91.860  Provisionally certificated aircraft—operation for type certification or supplemental type certification
 (1) For the purposes of paragraph 91.850(2)(e), the requirements are as follows:
 (a) if the aircraft's provisional certificate of airworthiness is subject to a 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