Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:3:p9
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 3 (pt 9/67)
Character Range: 2753106–2755942

in the vicinity of another Part 131 aircraft; and
 (b) the aircraft is higher than the other aircraft; and
 (c) the pilot in command contravenes the right of way rule mentioned in subregulation (2).
 (2) The right of way rule is that a higher aircraft must give way to a lower aircraft.
 (3) Subregulation (2) does not apply if the other aircraft is a hot air airship.
 (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 matter in subregulation (3): see subsection 13.3(3) of the Criminal Code.

131.360  Operations at non‑controlled aerodromes
 (1) The Part 131 Manual of Standards may prescribe requirements in relation to the operation of Part 131 aircraft at, or within the vicinity of, non‑controlled aerodromes.
 (2) A person contravenes this subregulation if:
 (a) the person is subject to a requirement mentioned in subregulation (1); and
 (b) the person contravenes the requirement.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

131.365  Flights over water
 (1) The Part 131 Manual of Standards may prescribe requirements in relation to the operation of Part 131 aircraft over water.
 (2) A person contravenes this subregulation if:
 (a) the person is subject to a requirement mentioned in subregulation (1); and
 (b) the person contravenes the requirement.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

Subdivision 131.D.4.2—Visual flight rules

131.367  VFR flights
 (1) The Part 131 Manual of Standards may prescribe requirements relating to the operation of a Part 131 aircraft for a VFR flight.
 (2) The pilot in command of a Part 131 aircraft for a VFR flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

Division 131.D.5—Taking off, landing and ground operations

131.370  Procedures for safety during ground operations
  A balloon transport operator's exposition must include procedures to ensure the safety of persons in the vicinity of a Part 131 aircraft when any of the following circumstances apply:
 (a) a person is embarking or disembarking the aircraft;
 (b) the aircraft is being prepared for flight;
 (c) the aircraft is being manoeuvred on the ground.

131.375  Operation of Part 131 aircraft while tethered
 (1) The pilot in command of a Part 131 aircraft for a flight contravenes this subregulation if:
 (a) the aircraft is tethered to the ground for the flight; and
 (b) a requirement prescribed by the Part 131 Manual of