Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p31
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 31/36)
Character Range: 3089783–3092502

is feathered;
 (iv) the engine is retarded to idle and, if possible, ground idle.
Penalty: 25 penalty units.
 (3) Subregulation (4) applies if a person who is not, under these Regulations, entitled to manipulate the aeroplane's flight controls:
 (a) occupies a control seat fitted with fully or partially functioning controls; or
 (b) is seated in a position where he or she could interfere with the controls.
 (4) The pilot in command of the aeroplane must:
 (a) instruct the person not to interfere with the controls; and
 (b) be satisfied on reasonable grounds that the person has understood the instruction.
Penalty: 25 penalty units.
 (5) A contravention of subregulation (1) or (2) is an offence of strict liability.
 (6) Strict liability applies to the physical element mentioned in paragraph (4)(a).

137.130  Use of seats, seatbelts and harnesses
 (1) A person in an aeroplane engaged in an application operation must occupy a seat and wear a seatbelt or harness whenever the aeroplane is moving under its own power.
Penalty: 10 penalty units.
 (2) However, subregulation (1) does not apply to a person in the aeroplane if, during the operation:
 (a) he or she is acting in accordance with an instruction by the pilot in command; or
 (b) he or she is wearing an approved restraint device and either:
 (i) has satisfactorily completed a course of training in the operation and is directly involved in the operation; or
 (ii) is being trained in the operation.
 (3) A contravention of subregulation (1) is an offence of strict liability.

137.135  Carriage of passengers
 (1) If an aeroplane is engaged in an application operation, neither the operator nor the pilot in command may allow a passenger to be carried unless subregulation (2), (3) or (4) applies to the operation and the passenger.
Penalty: 50 penalty units.
 (2) This subregulation applies if the passenger is an officer, or delegate of CASA, who is on board the aeroplane to carry out his or her duties.
 (3) This subregulation applies if:
 (a) the passenger is on board the aeroplane to identify the area where the application material is to be applied; and
 (b) no application material is applied during the operation.
 (4) This subregulation applies if:
 (a) the passenger is on board the aeroplane to carry out duties necessary for his or her employment; and
 (b) both the operator and the pilot agree to the carriage of the passenger.
 (5) A contravention of subregulation (1) is an offence of strict liability.

137.140  Minimum height and lateral separation for operation
 (1) Subject to subregulations (2), (3) and (4) the pilot in command of an aeroplane engaged in an application operation may fly at any height while:
 (a) over the work