Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p34
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 34/76)
Character Range: 1920515–1923276

take‑off for the flight is conducted in accordance with the aircraft flight manual instructions for the aircraft that relate to taking off under the conditions mentioned in that subregulation.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
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.

91.710  Flight in icing conditions—requirements for flight
 (1) This regulation applies to a flight of an aircraft if:
 (a) when the flight begins, icing conditions are known or suspected for the flight path along which the aircraft will be flown; or
 (b) both:
 (i) during the flight, the aircraft flies into icing conditions; and
 (ii) the pilot in command does not, as soon as practicable, change the aircraft's flight path to try and avoid the icing conditions.
 (2) The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight began, the aircraft was not type certificated as complying with the airworthiness standards relating to flight in icing conditions.
 (3) A person commits an offence if the person contravenes subregulation (2).
Penalty: 50 penalty units.

Division 91.D.11—Causing or simulating failures etc.

Subdivision 91.D.11.1—Causing or simulating instrument failure etc.

       91.715  Causing or simulating failure of flight instruments
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) the failure of an instrument of any of the following kinds is caused or simulated:
 (i) an attitude indicator;
 (ii) a gyrocompass or an equivalent instrument;
 (iii) an airspeed indicator;
 (iv) an altimeter; and
 (b) a requirement mentioned in subregulation (2) is not met.
 (2) The requirements are the following:
 (a) the flight must be conducted for the purpose of pilot training, checking or testing;
 (b) only crew members that are required for the training, checking or testing are carried on the flight;
 (c) a person who is authorised to pilot the aircraft under Part 61, by a Part 103 ASAO or by a Part 131 pilot authorisation (or in the case of a foreign aircraft, under the law of the aircraft's State of registry or the State of the operator):
 (i) must occupy a pilot seat fitted with a fully functioning set of flight controls; and
 (ii) if the flight is in IMC or at night—must have a clear view of an operative instrument of the same 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