Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p7
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 7/76)
Character Range: 1853145–1855914

enable such a landing or take‑off to be carried out safely.
 (3) A person commits an offence if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.

91.385  Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—requirements that apply after joining the circuit pattern
 (1) The pilot in command of an aircraft (other than a rotorcraft) for a flight contravenes this subregulation if:
 (a) the aircraft is operated on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome; and
 (b) after joining the circuit pattern for a landing or while flying in the circuit pattern after take‑off, the pilot does not:
 (i) comply with instructions in the authorised aeronautical information for the flight to the effect that all turns be made in a particular direction; or
 (ii) if there are no relevant instructions in the authorised aeronautical information for the flight—make all turns to the left.
 (2) Subregulation (1) does not apply to the pilot in command of an aircraft if:
 (a) the aircraft is a seaplane or amphibian and the pilot in command contravenes the subregulation only to the extent necessary:
 (i) to avoid an obstacle; or
 (ii) to avoid undue noise over a populous area without compromising the aircraft's safety; or
 (iii) for a single‑engine seaplane or amphibian—to enable the aircraft to land on water if its engine fails; or
 (b) the aircraft is a glider (other than a glider with an engine operating) and the pilot in command contravenes the subregulation only to the extent necessary to enable the aircraft to land safely.
 (3) 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 matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.

91.390  Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—requirements related to maintaining the same track after take‑off
 (1) The pilot in command of an aircraft (other than a rotorcraft, a glider or a powered parachute) for a flight contravenes this subregulation if:
 (a) the aircraft is operated on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome; and
 (b) the pilot does not, after take‑off, maintain the same track from the take‑off until the aircraft is 500 ft AGL.
 (2) Subregulation (1) does not apply to the pilot in command of a seaplane or amphibian if the pilot in command contravenes the subregulation only to the extent necessary:
 (a) to avoid an obstacle; or
 (b) to avoid undue noise over