Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p28
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 28/76)
Character Range: 1905331–1908113

if the person contravenes subregulation (1), (2), (6) or (7).
Penalty: 50 penalty units.

Division 91.D.8—Instruments, indicators, equipment and systems

91.625  Use of radio—qualifications
 (1) A person contravenes this subregulation if:
 (a) the person transmits on a radio frequency published in the AIP or NOTAMs that is:
 (i) used by Air Traffic Services; or
 (ii) used for communications at a certified aerodrome, a registered aerodrome, a military aerodrome or an aerodrome prescribed as a designated non‑controlled aerodrome by the Part 91 Manual of Standards for the purposes of subparagraph 91.400(1)(a)(iv); or
 (iii) used in aeronautical emergencies; or
 (iv) of a kind prescribed by the Part 91 Manual of Standards for this subparagraph; and
 (b) the person is not authorised or qualified to do so:
 (i) for an Australian aircraft (other than a Part 103 aircraft or a Part 131 aircraft)—under Part 61, 64 or 65; or
 (ii) for a foreign registered aircraft—under the law of the aircraft's State of registry or the State of the operator; or
 (iii) for a Part 103 aircraft—by a Part 103 ASAO; or
 (iv) for a Part 131 aircraft—by a Part 131 pilot authorisation.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.630  Use of radio—broadcasts and reports
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the aircraft is fitted with, or carries, a radio; and
 (b) during the flight, the pilot in command does not make a broadcast or a report relating to the flight that is prescribed by the Part 91 Manual of Standards for this paragraph.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.635  Communication monitoring in controlled airspaces
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) during the flight, the aircraft is flown in controlled airspace; and
 (b) the pilot in command does not continuously monitor the primary communications medium used by air traffic control while flying in that airspace.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.640  Use of radio outside controlled airspaces—listening watch of radio transmissions
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the aircraft is fitted with, or carries, a radio; and
 (b) the aircraft is flown by a pilot who is qualified, eligible or authorised to use the radio:
 (i) for an Australian aircraft (other than a Part 103 aircraft or a Part 131 aircraft)—under Part 61 or 64; or
 (ii) for a foreign registered aircraft—under a