Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p48
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 48/76)
Character Range: 1956430–1959294

91.T.4—Experimental aircraft—operating requirements

91.875  Experimental aircraft—operating requirements
 (1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) an experimental certificate 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 experimental certificate must be in force;
 (b) if the experimental certificate 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 or a balloon transport operation;
 (d) the flight must be either:
 (i) for a purpose mentioned in regulation 21.191 for which the experimental certificate for the aircraft was issued; or
 (ii) an operation of a kind mentioned in regulation 91.880;
 (e) either:
 (i) the flight must take place by day and under the VFR; or
 (ii) the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this subparagraph;
 (f) if the flight is over a populous area—the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;
 (g) if the flight is over a public gathering—the holder of the experimental certificate must hold an approval under regulation 91.045 or 91.050 for the purposes of this paragraph;
 (h) if the aircraft's experimental certificate is subject to a condition limiting the area within which the aircraft may be flown—the flight must take place within that area;
 (i) if the aircraft is carrying a passenger:
 (i) the total number of persons on board the aircraft for the flight must not be more that the number of persons allowed under regulation 91.885; and
 (ii) each passenger must be notified before boarding the aircraft that the design, manufacture and airworthiness of the aircraft are not required to meet any standards recognised by CASA; and
 (iii) a placard that complies with the requirements prescribed by the Part 91 Manual of Standards must be displayed inside the aircraft;
 (j) if the aircraft is carrying a person who is not a crew member whose presence is essential to the operation of the aircraft—it has been shown that the aircraft:
 (i) is controllable throughout its normal range of speeds and throughout all the manoeuvres to be executed; and
 (ii) has no hazardous operating characteristics or design features.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.880  Experimental aircraft—kinds of operations permitted
  For the purposes of subparagraph 91.875(2)(d)(ii), the kinds of operation are as follows:
 (a) taking the aircraft