Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p10
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 10/23)
Character Range: 1803351–1805988

it; or
 (b) both:
 (i) goods or stores are carried in that part of the aircraft; and
 (ii) there is a proper means of access for crew members to the goods or stores.
 (2A) Subregulation (1) does not apply if:
 (a) the aircraft is being operated to facilitate a parachute descent; and
 (b) the requirements prescribed by the Part 105 Manual of Standards are met.
 (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) or (2A): see subsection 13.3(3) of the Criminal Code.

91.205  Flying in formation
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) the aircraft is flying in formation; and
 (b) the pilot in command has not pre‑arranged with each pilot in command of the other aircraft making up the formation to fly as part of the formation.
Note: For the requirement for a pilot to hold flight activity endorsements to fly in formation, see regulation 61.380 and table 61.1145.
 (1A) Subregulation (1) does not apply if the requirements prescribed by the Part 91 Manual of Standards for the purposes of this subregulation are met in relation to the flight.
 (2) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) the aircraft is flown in formation at night; and
 (b) the pilot in command does not hold an approval under regulation 91.045 to fly in formation at night.
 (3) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) the aircraft is flown in formation in IMC; and
 (b) the pilot in command does not hold an approval under regulation 91.045 to fly in formation in IMC.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (1A): see subsection 13.3(3) of the Criminal Code.

91.210  Towing of things by aircraft
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) a thing is towed by the aircraft; and
 (b) the requirement mentioned in subregulation (2) is not met.
 (2) The requirement is that:
 (a) the pilot in command must hold an approval under regulation 91.045 to tow the thing during the flight; or
 (b) another provision of these Regulations must permit the thing to be towed by the aircraft during the flight.
 (3) A person commits an offence of