Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p45
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 45/76)
Character Range: 1948449–1951289

Division 91.T.2—Restricted category aircraft—operating requirements

91.840  Restricted category aircraft—general operating requirements
 (1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) a special certificate of airworthiness in the restricted category has been issued for the aircraft; and
 (b) the aircraft begins a flight; and
 (c) a requirement mentioned in subregulation (2) is not met for the flight.
 (2) The requirements are as follows:
 (a) the certificate of airworthiness must be in force;
 (b) if the certificate of airworthiness is granted subject to a condition or requirement—the condition or requirement must be complied with;
 (c) the flight must not be an air transport operation;
 (d) the flight must be an operation of a kind mentioned in regulation 91.845;
 (e) a person may only be carried on the flight who is:
 (i) a crew member; or
 (ii) if the flight is a special purpose operation—a person who is needed to accomplish a work activity directly associated with the special purpose operation for which the certificate of airworthiness was issued; or
 (iii) a person carried as part of an operation mentioned in paragraph 91.845(1)(j).
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.845  Restricted category aircraft—kinds of operations permitted
 (1) For the purposes of paragraph 91.840(2)(d), the kinds of operation are as follows:
 (a) a special purpose operation for which the special certificate of airworthiness for the aircraft was issued;
 (b) participation in an air display;
 (c) taking the aircraft to or from a place where a demonstration or display of the aircraft is to take place;
 (d) practice in flying the aircraft for participation in an air display;
 (e) taking the aircraft to a place where maintenance on the aircraft is to be done;
 (f) taking the aircraft from a place where maintenance on the aircraft has been done;
 (g) testing the aircraft after maintenance;
 (h) flying training (other than for the issue of a pilot licence);
 (i) pilot proficiency training or practice in flying the aircraft;
 (j) carrying out a demonstration or test of the aircraft for sale;
 (k) delivering the aircraft to a person under a contract of sale.
 (2) For the purposes of paragraph (1)(a), a reference to a special purpose operation for which the special certificate of airworthiness for the aircraft was issued includes a reference to the following:
 (a) training in the special purpose operation;
 (b) taking the aircraft to a place where the special purpose operation is to start;
 (c) taking the aircraft from a place where the special purpose operation has ended;
 (d) any other operation necessary to accomplish the special purpose operation.

Division