Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p3
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 3/36)
Character Range: 3006051–3008728

each type for a pilot in command.

Piston‑engine aeroplanes
 (2) An operator contravenes this subregulation if:
 (a) the operator assigns a pilot to duty as pilot in command for flights on different types of piston‑engine aeroplanes; and
 (b) the pilot does not meet the requirement mentioned in subregulation (3).
 (3) For the purposes of paragraph (2)(b), the requirement is that:
 (a) if the aeroplanes are of the same aircraft class rating—the pilot must hold a valid proficiency check, in accordance with the requirements prescribed by the Part 135 Manual of Standards, for an aeroplane of one of the types for a pilot in command; or
 (b) if the aeroplanes are of different aircraft class ratings—the pilot must hold a valid proficiency check, in accordance with the requirements prescribed by the Part 135 Manual of Standards, for an aeroplane of each class for a pilot in command.

Offence
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.

Division 135.N.4—Recent experience

135.435  Recent experience requirements—90 days before flight

Operator
 (1) The operator of an aeroplane for a flight contravenes this subregulation if:
  (a) the operator assigns a pilot to duty as pilot in command or co‑pilot of the aeroplane for the flight; and
 (b) the pilot does not have:
 (i) if the flight is a flight by day—the recent experience required for the flight by subregulation (3); or
 (ii) if the flight is a flight at night—the recent experience required for the flight by subregulation (4).

Pilot
 (2) A pilot of an aeroplane for a flight contravenes this subregulation if:
  (a) the pilot operates the aeroplane as pilot in command or co‑pilot for the flight; and
 (b) the pilot does not have:
 (i) if the flight is a flight by day—the recent experience required for the flight by subregulation (3); or
 (ii) if the flight is a flight at night—the recent experience required for the flight by subregulation (4).

Requirements for flights by day
 (3) The recent experience required for a flight by day is that, within 90 days before the flight:
  (a) the pilot must have carried out, in an aeroplane of that kind or an approved flight simulator for the aeroplane:
 (i) at least 3 take‑offs followed by climbs to at least 500 ft AGL while controlling the aeroplane or simulator; and
 (ii) at least 3 landings while controlling the aeroplane or simulator; or
 (b) the pilot must have passed a flight test for the grant of a pilot licence or a rating on a pilot licence in an aeroplane of that kind or an approved flight simulator for the aeroplane; or
 (c) the pilot must have successfully