Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p10
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 10/76)
Character Range: 1860778–1863517

Services for the aerodrome before the manoeuvre is conducted.
 (3) The pilot in command of an aircraft (other than a Part 131 aircraft) for a flight contravenes this subregulation if:
 (a) the aircraft is part of aerodrome traffic at a controlled aerodrome; and
 (b) a requirement mentioned in subregulation (4) is not met.
 (4) The requirements are the following:
 (a) if the aircraft takes off from the aerodrome and a change to the aircraft's track is not necessary to avoid the terrain—the aircraft must maintain the same track from the take‑off until the aircraft is 500 ft AGL;
 (b) if the aircraft joins the circuit pattern for the aerodrome for a landing—the aircraft must, after joining the circuit pattern, make all turns in the direction of the circuit pattern;
 (c) if the aircraft takes off from the aerodrome—the aircraft must, after taking off, make all turns in the direction of the circuit pattern while the pilot is flying in the circuit pattern for the aerodrome.
 (5) Subregulation (3) does not apply if:
 (a) Air Traffic Services for the aerodrome instructed or permitted the pilot to engage in the conduct that would otherwise result in the contravention of that subregulation; or
 (b) the aircraft is being flown in accordance with an authorised instrument departure procedure or an authorised instrument approach procedure.
 (6) A person commits an offence of strict liability if the person contravenes subregulation (1) or (3).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (5): see subsection 13.3(3) of the Criminal Code.

Division 91.D.5—Taking off, landing and ground operations

91.410  Use of aerodromes
 (1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) the aircraft takes off from, or lands at, a place; and
 (b) the place does not meet the requirement in subregulation (2).
Note: This regulation does not apply to the operation of an aircraft if regulation 121.205 applies to the operation: see regulation 91.035.
 (2) The requirement is that:
 (a) the place is one of the following:
 (i) a certified aerodrome;
 (ii) a registered aerodrome;
 (iii) an aerodrome for which an arrangement under section 20 of the Act is in force;
 (iv) a place that is suitable for the landing and taking‑off of aircraft; and
 (b) the aircraft can land at, or take off from, the place safely having regard to all the circumstances of the proposed landing or take‑off (including the prevailing weather conditions).
 (3) For the purposes of the definition of aerodrome in the Act, a place mentioned in subparagraph (2)(a)(iv) is authorised to be used as an aerodrome.
 (4) A person commits an