Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p9
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 9/76)
Character Range: 1858213–1861013

of Standards for this subparagraph; and
 (b) the aerodrome is a non‑controlled aerodrome; and
 (c) if the aircraft is not carrying an operative radio—the requirement in subregulation (2) is not met.
 (2) The requirement is that either subregulation (3) or (4) is satisfied.
 (3) This subregulation is satisfied if:
 (a) the flight is conducted during the day in VMC; and
 (b) the flight is conducted in company with another aircraft; and
 (c) the other aircraft is carrying an operative radio; and
 (d) the pilot in command of the other aircraft is:
 (i) if the aircraft is an Australian aircraft—authorised to operate the radio under Part 61; or
 (ii) if the aircraft is a foreign registered aircraft—authorised to operate the radio under the law of the aircraft's State of registry or the State of the operator; or
 (iii) if the aircraft is a Part 103 aircraft—authorised to operate the radio by a Part 103 ASAO.
 (4) This subregulation is satisfied if:
 (a) either:
 (i) the radio becomes inoperative during the flight; or
 (ii) the purpose of the flight is to take the radio to a place where it can be repaired; and
 (b) if the aircraft is flying in the vicinity of the aerodrome—each of the following is switched on:
 (i) the aircraft's landing lights (if any);
 (ii) the aircraft's anti‑collision lights (if any);
 (iii) the aircraft's secondary surveillance radar transponder (if any); and
 (c) if the aircraft is arriving at the aerodrome—the aircraft joins the circuit pattern for the aerodrome on the cross‑wind or down‑wind leg of the circuit pattern.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.405  Aircraft in aerodrome traffic at controlled aerodromes
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the aircraft is part of aerodrome traffic at a controlled aerodrome; and
 (b) a requirement mentioned in subregulation (2) is not met.
 (2) The requirements are the following:
 (a) a continuous watch for instructions given visually by Air Traffic Services for the aerodrome using standard visual signals must be maintained;
 (b) if a continuous listening watch on the frequency specified in the authorised aeronautical information for the flight for communications with Air Traffic Services for the aerodrome can be maintained—the continuous listening watch must be maintained;
 (c) authorisation to conduct a manoeuvre preparatory to, or associated with, taxiing, landing or take‑off must be obtained from Air Traffic Services for the aerodrome before the manoeuvre is conducted.
 (3) The pilot in command of an aircraft (other than a Part 131 aircraft) for a flight contravenes this subregulation if:
 (a) the aircraft is part of aerodrome traffic at a