Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p20
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 20/23)
Character Range: 1828084–1830789

track.
 (2) Subregulation (1) does not apply if:
 (a) the aircraft is in uncontrolled airspace; and
 (b) it is not practicable for the pilot in command to fly the aircraft at a specified IFR cruising level for the track.
 (3) Subregulation (1) does not apply if air traffic control has:
 (a) given the pilot in command an air traffic control instruction to fly the aircraft at the cruising level; or
 (b) given the pilot in command an air traffic control clearance to fly the aircraft at the cruising level.
 (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.

91.295  IFR flights at non‑specified cruising levels—notifying Air Traffic Services
 (1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:
 (a) the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and
 (b) before the aircraft is flown at that cruising level, the pilot in command does not notify Air Traffic Services of the cruising level.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.300  IFR flights at non‑specified cruising levels—avoiding collisions with aircraft conducting VFR flights
 (1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:
 (a) the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and
 (b) there is a risk of collision between the aircraft and another aircraft that:
 (i) is conducting a VFR flight on a track; and
 (ii) is flying at a specified VFR cruising level for the track; and
 (c) the pilot in command does not give way to the other aircraft.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.305  Minimum heights—IFR flights
 (1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight:
 (a) the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation (2); and
 (b) none of the circumstances mentioned in subregulation (3) applies.
Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.
 (2) The minimum height is the lowest of the following for the route or route segment: