Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:3:p61
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 3 (pt 61/67)
Character Range: 2890919–2893672

a flight contravenes this subregulation if:
 (a) the operator is subject to a requirement mentioned in subregulation (1) for the flight; and
 (b) the requirement is not met for the flight.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).
Penalty: 50 penalty units.

133.310  Landing performance
 (1) The Part 133 Manual of Standards may prescribe requirements relating to landing performance for a flight of a rotorcraft.
 (2) Without limiting subregulation (1), the Part 133 Manual of Standards may prescribe requirements relating to one or more of the following:
 (a) the rotorcraft's configuration;
 (b) the operation of any equipment for the flight;
 (c) characteristics of the aerodrome at which the rotorcraft lands;
 (d) safety factor percentages to be applied.
 (3) The pilot in command of a rotorcraft for a flight contravenes this subregulation if:
 (a) the pilot is subject to a requirement mentioned in subregulation (1) for the flight; and
 (b) the requirement is not met for the flight.
 (4) The operator of a rotorcraft for a flight contravenes this subregulation if:
 (a) the operator is subject to a requirement mentioned in subregulation (1) for the flight; and
 (b) the requirement is not met for the flight.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).
Penalty: 50 penalty units.

133.315  Flight in a performance class
 (1) The operator and the pilot in command of a rotorcraft for a flight each contravene this subregulation if, during any stage of the flight, the rotorcraft is not flown in a performance class.
 (2) Subregulation (1) does not apply in relation to a stage of a flight if:
 (a) the flight is a medical transport operation; and
 (b) the stage of the flight is conducted at a medical transport operating site; and
 (c) the operator's exposition includes risk assessment and management procedures that must be complied with if the rotorcraft is not flown in a performance class during such a stage; and
 (d) the procedures are complied with for the flight.
 (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.

133.320  Rotorcraft permitted to fly in performance class 1 or 2, or performance class 2 with exposure
 (1) The operator and the pilot in command of a rotorcraft for a flight each contravene this subregulation if, during any stage of the flight:
 (a) the rotorcraft is flown in performance class 1 or 2, or performance class 2 with exposure; and
 (b) the requirement mentioned in