Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p1
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 1/76)
Character Range: 1838466–1841085

6                   Two aircraft are on converging headings at approximately the same altitude        The aircraft that has the other aircraft on its right must give way to the other aircraft

 (2) Subregulation (1) does not apply if it is necessary, in order to avoid a collision with an aircraft, not to comply with the right of way rule.
 (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): see subsection 13.3(3) of the Criminal Code.

91.335  Additional right of way rules

Aircraft with right of way to maintain heading and speed
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) there is a risk of collision with another aircraft; and
 (b) the aircraft has right of way over the other aircraft (in accordance with regulation 91.330); and
 (c) the aircraft's heading and speed is not maintained until there is no longer a risk of collision.

Overtaking aircraft to keep clear and to right
 (2) The pilot in command of an aircraft contravenes this subregulation if, when the aircraft is overtaking another aircraft (whether in the course of climbing, descending or in level flight), the pilot does not:
 (a) keep the aircraft out of the way of the other aircraft, even if the other aircraft alters course while being overtaken; and
 (b) fly the aircraft so that it passes to the right of the other aircraft and remains on the right until clear of the other aircraft.

Aircraft approaching head on to alter heading to right
 (3) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) the aircraft and another aircraft are approaching in the air head on or approximately so; and
 (b) there is a risk of collision; and
 (c) the aircraft's heading is not altered to the right.

Aircraft giving way not to create collision risk
 (4) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) the aircraft is required to give way to another aircraft:
 (i) by a right of way rule in regulation 91.330; or
 (ii) by an additional right of way rule in subregulation (1), (2) or (3) of this regulation; or
 (iii) by an additional right of way rule in regulation 91.340; and
 (b) the aircraft is flown so that it passes ahead of the other aircraft, or directly over or under it, so closely that there is a risk of collision.

Exceptions
 (5) Subregulation (1), (2), (3) or (4) does not apply if