Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p21
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 21/35)
Character Range: 2960570–2963487

flight each contravene this subregulation if:
 (a) at the time of take‑off, the aeroplane will not be able to return to the departure aerodrome:
 (i) because the visibility and cloud ceiling height at the departure aerodrome will be less than the landing minima requirements for the aerodrome for at least 1 hour after take‑off; or
 (ii) for any other reason; and
 (b) the operational flight plan for the flight does not include a take‑off alternate aerodrome that meets the requirements mentioned in subregulation (3).
 (3) The requirements are the following:
 (a) the authorised weather forecast for the take‑off alternate aerodrome must indicate that the visibility and cloud ceiling height at the aerodrome meet the landing minima requirements for the aerodrome for at least 1 hour after take‑off;
 (b) the take‑off alternate aerodrome must be within the distance from the departure aerodrome that the aeroplane can fly in 1 hour at the aeroplane's one‑engine inoperative cruising speed.
 (4) Subregulation (2) does not apply if:
 (a) the flight is a medical transport operation; and
 (b) when the flight begins, the aeroplane is carrying sufficient fuel:
 (i) to fly to the planned destination aerodrome for the flight; or
 (ii) if a destination alternate aerodrome is required for the flight by the flight preparation (alternate aerodromes) requirements—to comply with the requirements for conducting a flight to a destination alternate prescribed by the flight preparation (alternate aerodromes) requirements.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (4): see subsection 13.3(3) of the Criminal Code.

135.185  Alternate aerodrome requirements in certain circumstances
 (1) The operator and the pilot in command of an aeroplane for a flight each contravene this subregulation if:
 (a) circumstances prescribed by the Part 135 Manual of Standards apply for the flight; and
 (b) a requirement prescribed by the Part 135 Manual of Standards relating to alternate aerodromes is not met for the flight.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

135.190  IFR flights without destination alternate aerodromes
 (1) This regulation applies to a flight of an aeroplane if:
 (a) the flight is an IFR flight; and
 (b) the operational flight plan for the flight does not include a destination alternate aerodrome.
 (2) The pilot in command of an aeroplane for a flight contravenes this subregulation if:
 (a) during the flight, the pilot in command receives an authorised weather forecast for the planned destination aerodrome for the flight; and
 (b) because of the authorised weather forecast, a destination alternate aerodrome must be nominated in accordance with