Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p35
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 35/76)
Character Range: 1923044–1925765

kind as the instrument subjected to failure or simulated failure.
 (3) Subregulation (1) does not apply if the pilot in command is carrying out:
 (a) a maintenance test flight; or
 (b) a procedure to diagnose or isolate a failure of an instrument or system.
 (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.

91.720  Simulating IMC flying
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) during the flight, IMC are simulated; and
 (b) a requirement mentioned in subregulation (2) is not met.
 (2) The requirements are the following:
 (a) a pilot (the safety pilot) must:
 (i) occupy a pilot seat fitted with fully functioning flight controls; and
 (ii) have adequate vision forward and to each side of the aircraft;
 (b) a pilot (the second pilot) flying the aircraft under simulated IMC must occupy a pilot seat fitted with fully functioning flight controls;
 (c) the safety pilot must be authorised or qualified to pilot the aircraft:
 (i) for an Australian aircraft—under Part 61; or
 (ii) for a foreign registered aircraft—under the law of the aircraft's State of registry or the State of the operator.
Note: If the flight manual for an aircraft requires that it be flown by 2 pilots, Part 61 requires both pilots to have a type rating for the aircraft.
 (3) A person commits an offence if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.725  Training flight limitations etc.
 (1) In this regulation:
permitted person, in relation to an aircraft, means:
 (a) a crew member of the aircraft; or
 (b) a person authorised by the operator of the aircraft to conduct an audit of the operation involved, or to supervise it; or
 (c) an authorised officer carrying out an examination, inspection or test of the work of the aircraft's crew under these Regulations.
 (2) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) a person other than a permitted person is carried on the aircraft; and
 (b) the pilot in command permits any of the following:
 (i) flight training for a flight crew member who does not hold a class rating or type rating for the aircraft;
 (ii) the simulation (other than verbally) of an emergency or abnormal situation that may affect the handling characteristics of the aircraft;
 (iii) training below 500 ft AGL (other than training for take‑off and landing);
 (iv) training mentioned in Part 61 for a low‑level rating, an aerial application rating, an aerobatic