Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p4
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 4/76)
Character Range: 1845835–1848451

off or preparing for take‑off;
 (c) the aircraft and any tow vehicle must keep well clear of an aircraft it is overtaking;
 (d) the aircraft and any tow vehicle must give way to an aircraft on the right if both aircraft are on a converging course;
 (e) the aircraft and any tow vehicle must stop, or alter course to the right, so as to remain clear of an aircraft approaching head on or approximately so.
 (3) For the purposes of paragraph (2)(a) or (2)(b):
 (a) for a runway that has a marked runway hold position for the aircraft—the aircraft giving way and any tow vehicle must hold at that position; and
 (b) for a runway that does not have a marked runway hold position—the aircraft giving way and any tow vehicle must not encroach upon a graded runway strip.
 (4) Subregulation (1) does not apply if it is necessary, to avoid a collision with an aircraft and any tow vehicle, to not comply with the requirement.
 (5) Subregulation (1) does not apply if the aircraft and any tow vehicle are being operated in accordance with an air traffic control clearance or air traffic control instructions.
 (6) 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 (4) or (5): see subsection 13.3(3) of the Criminal Code.

91.370  Take‑off or landing at non‑controlled aerodrome—all aircraft
 (1) This regulation applies to an aircraft (the subject aircraft) at a non‑controlled aerodrome at which a take‑off or landing of the aircraft can only occur from or to a runway.

Rules for take‑off
 (2) The pilot in command of the subject aircraft (other than a glider being towed by a glider tug) for a flight contravenes this subregulation if:
 (a) the subject aircraft commences to take‑off from a runway; and
 (b) before taking off, a requirement mentioned in subregulation (3) is not met.
 (3) The requirements are the following:
 (a) if another aircraft is taking off before the subject aircraft from the same runway:
 (i) the other aircraft must have crossed the upwind end of the runway; or
 (ii) the other aircraft must have commenced a turn; or
 (iii) the runway must be longer than 1,800 m and the other aircraft must have become airborne and be at least 1,800 m beyond the proposed point of lift‑off of the subject aircraft; or
 (iv) the other aircraft and the subject aircraft must both have a maximum take‑off weight below 2,000 kg, and the other aircraft must be airborne and at least 600 m beyond the proposed point of lift‑off of the subject aircraft;
 (b)