Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p3
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 3/76)
Character Range: 1843354–1846045

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

91.355  Giving way on water
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) the aircraft is on water; and
 (b) a requirement mentioned in subregulation (2) is not met.
 (2) The requirements are the following:
 (a) the aircraft must give way to, and keep well clear of, an aircraft or vessel converging on its right;
 (b) the aircraft must alter its heading to the right, and keep well clear, of an aircraft or vessel that is approaching head‑on or approximately head‑on;
 (c) the aircraft, if overtaking a vessel or another aircraft, must:
 (i) give way to the vessel or aircraft being overtaken; and
 (ii) alter its heading to keep well clear of the vessel or aircraft being overtaken.
 (3) Subregulation (1) does not apply if it is necessary, to avoid a collision with an aircraft or vessel, to not comply with the requirement.
 (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 (3): see subsection 13.3(3) of the Criminal Code.

Subdivision 91.D.4.6—Avoiding collisions at or in the vicinity of aerodromes

91.360  Meaning of in the vicinity of a non‑controlled aerodrome
 (1) An aircraft is in the vicinity of a non‑controlled aerodrome if it is:
 (a) in uncontrolled airspace; and
 (b) within 10 nautical miles of the aerodrome; and
 (c) at a height above the aerodrome that could result in conflict with operations at the aerodrome.
 (2) For the purposes of paragraph (1)(b), if an aerodrome reference point for the aerodrome is published in the authorised aeronautical information for the flight, the distance must be measured from that point.

91.365  Taxiing or towing on movement area of aerodrome
 (1) A person contravenes this subregulation if:
 (a) the person is taxiing or towing an aircraft on the movement area of an aerodrome; and
 (b) a requirement mentioned in subregulation (2) is not met.
 (2) The requirements are the following:
 (a) the aircraft and any tow vehicle must give way, in accordance with subregulation (3), to an aircraft that is landing or on its final approach to land;
 (b) the aircraft and any tow vehicle must give way, in accordance with subregulation (3), to an aircraft that is taking off or preparing for take‑off;
 (c) the aircraft and any tow vehicle must keep well clear of an aircraft it is overtaking;
 (d) the aircraft and any tow vehicle must give way to an aircraft on the right if both