Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p22
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 22/23)
Character Range: 1833083–1836041

liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

91.315  Taking off and landing in low visibility
 (1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) the aircraft conducts a low‑visibility operation at an aerodrome; and
 (b) when the operation begins:
 (i) if the operator is required under these Regulations to have an exposition or an operations manual—the operator does not hold an approval under regulation 91.045 to conduct the low‑visibility operation; or
 (ii) if subparagraph (i) does not apply—the pilot in command does not hold an approval under regulation 91.045 to conduct the low‑visibility operation.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.320  Specified aircraft performance categories
 (1) The operator of an aircraft contravenes this subregulation if, while the aircraft is operating at an aerodrome:
 (a) the aircraft does not operate in the specified aircraft performance category for the aircraft at the aerodrome; and
 (b) the operator:
 (i) does not hold an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome; or
 (ii) holds an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome but does not comply with subregulation (3) of this regulation.
 (2) The operator of an aircraft contravenes this subregulation if:
 (a) the operator holds an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome; and
 (b) the aircraft does not operate in that lower aircraft performance category.
 (3) The operator must give details to the flight crew of:
 (a) the approval; and
 (b) the conditions (if any) imposed by CASA on the approval.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.

Subdivision 91.D.4.4—Avoiding collisions in the air

91.325  Basic rule
  A flight crew member must, during a flight, maintain vigilance, so far as weather conditions permit, to see and avoid other aircraft.

91.330  Right of way rules
 (1) The pilot in command of an aircraft contravenes this subregulation if, during a flight:
 (a) there is a risk of collision between the aircraft and another aircraft; and
 (b) a circumstance mentioned in column 1 of an item in the following table exists; and
 (c) the pilot in command contravenes the right of way rule mentioned in column 2 of that item.

Right of way rules
Item                Column 1                                                                          Column 2
                    Circumstance                                                                      Right of way rule