Part 91

Question 1

91.055 Aircraft not to be operated in manner that creates a hazard

Answer 1

The pilot in command of an aircraft for a flight contravenes this subregulation if the aircraft is operated in a manner that creates a hazard to another aircraft, a person or property.

Question 2

91.060 Unauthorised travel or placing of cargo on aircraft

Answer 2

A person contravenes this subregulation if the person:

(a) travels on an aircraft for a flight; and
(b) at the time of the travel, does not have the consent of the operator of the aircraft, or the pilot in command of the aircraft for the flight, to travel on the aircraft.

A person contravenes this subregulation if the person:

(a) places cargo on an aircraft for a flight; and
(b) at the time of placing the cargo on the aircraft, does not have the consent of the operator of the aircraft, or the pilot in command of the aircraft for the flight, to place cargo on the aircraft.

Question 3

91.095 Compliance with flight manual etc.

Answer 3

This regulation applies in relation to the operation of an aircraft during the following period:

(a) from the earlier of:

(i) the time the aircraft’s doors are closed before take‑off; and
(ii) the time the flight begins;

(b) to the later of:

(i) the time the aircraft’s doors are opened after landing; and
(ii) the time the flight ends.

The pilot in command of the aircraft contravenes this subregulation if the pilot in command does not comply with either or both of the following:

(a) the aircraft flight manual instructions for the aircraft;
(b) any conditions specified in the aircraft’s certificate of airworthiness or special flight permit.

Question 4

91.100 Electronic documents

Answer 4

To avoid doubt, if a document is required to be carried on a flight of an aircraft under this Division, that requirement is taken to be satisfied if an electronic copy of the document is carried on the flight.

Question 5

91.105 Carriage of documents

Answer 5

The documents are as follows:

(a) for each flight crew member:

(i) the member’s medical certificate; and
(ii) the member’s flight crew licence or certificate of validation;

(b) for each flight crew member, either:

(i) a photographic identification document issued by a Commonwealth, State or Territory authority or agency; or
(ii) the member’s passport;

(c) the aircraft flight manual instructions for the aircraft;
(d) if the aircraft is fitted with computerised navigation equipment—the operating instructions for the equipment;
(e) any minimum equipment list for the aircraft.

does not apply if:

(a) aerobatic manoeuvres will be conducted during the flight; and
(b) carriage of the documents on the aircraft would present a risk to the safety of the aircraft or persons on board the aircraft.

Question 6

91.110 Carriage of documents for certain flights

Answer 6

This regulation applies in relation to a flight of an aircraft other than:

(a) a VFR flight conducted by day and within 50 nautical miles of the aircraft’s point of departure; or
(b) a flight conducted:

(i) within the flying training area for an aerodrome; and
(ii) if the flying training area for the aerodrome is not adjacent to the aerodrome—along the flight path between the flying training area and the aerodrome.

when the flight begins, a document mentioned in subregulation below is not carried on the aircraft.

The documents are as follows:

(a) the authorised aeronautical information for the flight;
(b) the flight technical log or maintenance release for the aircraft.

Question 7

91.145 Requirements to be met before Australian aircraft may fly

Answer 7

The requirements are the following:

(a) if the aircraft is required to be registered—the aircraft must be registered;
(b) the aircraft must have a certificate of airworthiness or special flight permit;
(c) the aircraft must meet the requirements prescribed by the Part 45 Manual of Standards (display of nationality marks, registration marks and aircraft registration identification plates);

(d) if Part 42 does not apply to the aircraft:

(i) a maintenance release, or other document approved for use under these Regulations as an alternative to a maintenance release, must be in force for the aircraft; and
(ii) the flight must comply with any condition that is set out or referred to in the maintenance release or other document approved for use as an alternative to the maintenance release;

(e) each flight crew member required under these Regulations for the flight must be on board the aircraft.

Question 8

91.150 Operating aircraft with inoperative equipment—placarding

Answer 8

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) the aircraft begins the flight with inoperative equipment; and
(b) the equipment

(i) is required to be fitted to, or carried on, the aircraft by the certification basis for the aircraft or by or under these Regulations; and
(ii) is accessible, and likely to be used, by a person during the flight; and
(iii) is not placarded as inoperative.

Question 9

91.155 Manipulating flight controls

Answer 9

A person contravenes this subregulation if, during a flight of an aircraft:

(a) the person manipulates the flight controls of the aircraft; and
(b) any of the following apply:

(i) for an Australian aircraft other than a Part 103 aircraft or a Part 131 aircraft—the person is not authorised to pilot the aircraft under Part 61;
(ii) for a foreign registered aircraft—the person is not qualified to pilot the aircraft under the law of the aircraft’s State of registry or the State of the operator
(iii) for a Part 103 aircraft—the person is not authorised to pilot the aircraft by a Part 103 ASAO;
(iv) for a Part 131 aircraft—the person is not authorised to pilot the aircraft by a Part 131 pilot authorisation.

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the pilot in command permits a person to manipulate the flight controls of the aircraft; and
(b) any of the following apply:

(i) for an Australian aircraft other than a Part 103 aircraft or a Part 131 aircraft—the person is not authorised to pilot the aircraft under Part 61;
(ii) for a foreign registered aircraft—the person is not qualified to pilot the aircraft under the law of the aircraft’s State of registry or the State of the operator;
(iii) for a Part 103 aircraft—the person is not authorised to pilot the aircraft by a Part 103 ASAO;
(iv) for a Part 131 aircraft—the person is not authorised to pilot the aircraft by a Part 131 pilot authorisation.

Question 10

91.160 Possessing firearm on aircraft

Answer 10

A person contravenes this subregulation if the person:

(a) carries or otherwise possesses a firearm on an aircraft; and
(b) the aircraft is not a prescribed aircraft within the meaning of the Aviation Transport Security Act 2004; and
(c) neither the operator nor the pilot in command of the aircraft has consented to the person carrying or otherwise possessing the firearm on the aircraft.

Does not apply if the person is authorised (however described) under another provision of these Regulations or another law of the Commonwealth to carry or otherwise possess the firearm on the aircraft.

Question 11

91.165 Discharging firearm on aircraft

Answer 11

A person contravenes this subregulation if the person discharges a firearm while on an aircraft.
Does not apply if the person is authorised (however described) under another provision of these Regulations or another law of the Commonwealth to discharge the firearm on the aircraft.

Question 12

91.170 Operation of portable electronic devices

Answer 12

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the pilot in command permits a person to operate a portable electronic device during the flight; and
(b) the pilot in command does not determine that the operation of the device during the flight will not affect the safety of the aircraft.

A person on an aircraft for a flight contravenes this subregulation if:

(a) during the flight, the person operates a portable electronic device; and
(b) the person has been directed by the pilot in command, or instructed by a cabin crew member, not to operate the portable electronic device during the flight.

Question 13

91.175 Operation of portable electronic devices by crew members

Answer 13

A crew member for a flight of an aircraft contravenes this subregulation if:

(a) the crew member operates a portable electronic device at a time during the flight; and
(b) operating the device at that time is likely to distract the crew member from performing the crew member’s duties for the flight.

Question 14

91.180 Air displays in Australian territory

Answer 14

A person contravenes this subregulation if:

(a) the person conducts an air display in Australian territory; and
(b) the person does not hold an approval under regulation 91.045 to conduct the air display.

The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) the flight is in an air display in Australian territory; and
(b) the person conducting the air display does not hold an approval under regulation 91.045 to conduct the air display.

Question 15

91.185 Conducting aerobatic manoeuvres

Answer 15

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, the pilot in command conducts aerobatic manoeuvres in IMC.

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the pilot in command conducts aerobatic manoeuvres:
(i) over a populous area; or
(ii) at an air display; or
(iii) at night; and

(b) the pilot in command does not hold an approval under regulation 91.045 to conduct the aerobatic manoeuvres:

(i) for a flight over a populous area—over the populous area; or
(ii) for a flight at an air display—at the air display; or
(iii) for a flight at night—at night.

Question 16

91.190 Dropping things from aircraft

Answer 16

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, a thing is dropped from the aircraft.

Question 17

91.195 Picking up or setting down people or things during flight

Answer 17

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) a person or thing is picked up or set down by the aircraft during the flight; and
(b) the requirement mentioned in subregulation below is not met.

The requirement is that:

(a) the pilot in command must hold an approval under regulation 91.045 for the person or thing to be picked up or set down during the flight; or
(b) another provision of these Regulations must permit the person or thing to be picked up or set down during the flight.

Question 18

91.200 Persons not to be carried in certain parts of aircraft

Answer 18

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) during the flight, a person is carried on or in:
(i) a part of the aircraft that is not designed to carry crew members or passengers; or
(ii) a thing attached to the aircraft; and

(b) neither the operator nor the pilot in command of the aircraft holds an approval under regulation 91.045 to carry the person on or in that part of the aircraft or that thing during the flight.

Does not apply to the temporary carriage of a crew member in a part of the aircraft that is not designed to accommodate crew members or passengers if:

(a) the carriage of the crew member in that part of the aircraft is for the purpose of doing anything for the safety of the aircraft or any person or cargo carried in it; or

(b) both:
(i) goods or stores are carried in that part of the aircraft; and
(ii) there is a proper means of access for crew members to the goods or stores.

Does not apply if:

(a) the aircraft is being operated to facilitate a parachute descent; and
(b) the requirements prescribed by the Part 105 Manual of Standards are met.

Question 19

91.205 Flying in formation

Answer 19

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft is flying in formation; and
(b) the pilot in command has not pre‑arranged with each pilot in command of the other aircraft making up the formation to fly as part of the formation.

does not apply if the requirements prescribed by the Part 91 Manual of Standards for the purposes of this subregulation are met in relation to the flight.

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft is flown in formation at night; and
(b) the pilot in command does not hold an approval under regulation 91.045 to fly in formation at night.

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft is flown in formation in IMC; and
(b) the pilot in command does not hold an approval under regulation 91.045 to fly in formation in IMC.

Question 20

91.210 Towing of things by aircraft

Answer 20

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) a thing is towed by the aircraft; and
(b) the requirement mentioned in subregulation below is not met.

The requirement is that:

The pilot in command must hold an approval under regulation 91.045 to tow the thing during the flight; or
Another provision of these Regulations must permit the thing to be towed by the aircraft during the flight.

Question 21

91.215 Authority and responsibilities of pilot in command

Answer 21

This regulation applies in relation to the operation of an aircraft during the following period:

(a) from the earlier of:
(i) the time the aircraft’s doors are closed before take‑off; and
(ii) the time the flight begins;

(b) to the later of:
(i) the time the aircraft’s doors are opened after landing; and
(ii) the time the flight ends.

The pilot in command of the aircraft:

has final authority over:

(i) the aircraft; and
(ii) the maintenance of discipline by all persons on the aircraft; and

must ensure:

(i) the safety of persons on the aircraft; and
(ii) the safety of cargo on the aircraft; and
(iii) the safe operation of the aircraft during the flight.

Question 22

91.220 Actions and directions by operator or pilot in command

Answer 22

The operator or pilot in command of an aircraft for a flight may do a thing mentioned in subregulation below if the operator or pilot in command believes it is necessary for the safety of:

(a) the aircraft; or
(b) a person on the aircraft; or
(c) a person or property on the ground or water.

The things are as follows:

(a) direct a person to do something while the person is on the aircraft;
(b) direct a person not to do something, or to limit the doing of something, while the person is on the aircraft;
(c) direct a person to leave the aircraft before the flight begins;
(d) with such assistance and by the use of such force as is reasonable and necessary:

(i) remove a person or a thing from the aircraft before the flight begins; or
(ii) restrain a person for the duration of the flight or part of the flight; or
(iii) seize a thing on the aircraft for the duration of the flight or part of the flight; or
(iv) place a person on the aircraft in custody; or
(v) detain a person or a thing, until the person or thing can be released into the control of an appropriate authority.

A person on an aircraft contravenes this subregulation if:

(a) the operator or pilot in command of the aircraft gives the person a direction mentioned in above paragraph (a), (b) or (c); and
(b) the person does not comply with the direction.

Question 23

91.225 Crew members—power of arrest

Answer 23

A crew member of an aircraft for a flight may, without warrant, arrest a person on the aircraft if:

(a) the crew member believes, on reasonable grounds, that the person is committing, is attempting to commit, is about to commit, has committed or has attempted to commit, an offence against the Act or these Regulations in relation to the aircraft; and
(b) the purpose of the arrest is to ensure the safety of the aircraft or of its passengers, crew or cargo or otherwise for the purposes of the Act or these Regulations; and
(c) if the crew member is not the pilot in command of the aircraft—the pilot in command has authorised the crew member to arrest the person without warrant.

The pilot in command of the aircraft must ensure that, as soon as practicable after the end of the flight, a person arrested under subregulation above is delivered into the custody of:

(a) if the flight ends in Australia—a constable; or
(b) if the flight ends in a foreign country—a person in that country who is equivalent to a constable.

Question 24

91.257 Air traffic control clearances and instructions

Answer 24

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) air traffic control gives the pilot in command an air traffic control clearance or air traffic control instructions; and
(b) the pilot in command does not comply with the clearance or instructions.

Subregulation above does not apply if:

(a) it is not practicable to seek authorisation for the non‑compliance before it occurs; and
(b) the non‑compliance is necessary for the safety of the aircraft or the persons on the aircraft; and
(c) the pilot in command informs air traffic control about the non‑compliance as soon as practicable after the pilot in command is unable to comply with the clearance or instructions.

Question 25

91.260 Unauthorised entry into prohibited or restricted areas

Answer 25

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft:
(i) is in a prohibited area; or
(ii) is in a restricted area in contravention of a condition relating to the declaration of the area as a restricted area under regulation 7 of the Airspace Regulations 2007; and

(b) the pilot in command does not comply with subregulation below as soon as the pilot becomes aware that the aircraft is in the prohibited area or restricted area.

The pilot must:

(a) if the aircraft is fitted with, or carries, a means for the pilot in command to communicate with Air Traffic Services during the flight—inform Air Traffic Services, or the controlling authority (specified in the authorised aeronautical information for the flight) for the prohibited or restricted area, that the aircraft is in the area; and
(b) for an aircraft (other than a Part 131 aircraft)—fly the aircraft out of the area; and

Question 26

91.263 Air defence identification zone flights

Answer 26

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) during the flight the aircraft enters an air defence identification zone published in the authorised aeronautical information for the flight; and
(b) a procedure published in the authorised aeronautical information for the flight for that zone is not complied with for the flight.

Question 27

91.265 Minimum height rules—populous areas and public gatherings

Answer 27

The pilot in command of an aeroplane for a flight contravenes this subregulation if, during the flight:

(a) the aeroplane is flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 600 m of the point on the ground or water immediately below the aeroplane; and
(b) none of the circumstances mentioned in subregulation below applies.

The circumstances are the following:

(a) the aircraft is taking off or landing in circumstances prescribed by the Part 91 Manual of Standards;
(b) the aircraft is engaged in a missed approach;

(c) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice emergency procedure at an aerodrome;

(d) the aircraft is performing training circuits at an aerodrome;
(e) the pilot in command holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);

Question 28

91.267 Minimum height rules—other areas

Answer 28

This regulation applies if an aircraft is flown other than over a populous area or a public gathering.

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft is flown below 500 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the aircraft; and
(b) none of the circumstances mentioned in subregulation Below applies.

The circumstances are the following:

(a) the aircraft is taking off or landing in circumstances prescribed by the Part 91 Manual of Standards;
(b) the aircraft is engaged in a missed approach;

(c) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice emergency procedure at an aerodrome;

(d) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice forced landing procedure with the consent of the person or authority having control over the land or water above which the procedure is carried out;

(e) the aircraft:
(i) is being operated by a Part 141 operator to conduct low‑flying flight training or by a Part 142 operator to conduct a low‑flying activity; and
(ii) is being flown over an area that, with the consent of the person or authority with control of the area, has been determined by the operator to be a suitable flight training area for the training and has been surveyed by the pilot in command for obstacles before the flight; and
(iii) is not carrying passengers;

(f) the aircraft is performing training circuits at an aerodrome;
(g) the pilot holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);
(h) all of the following apply:

(i) the pilot in command of the aircraft is authorised under Part 61, or holds an approval under regulation 91.045, to fly the aircraft below the height mentioned in paragraph above;
(ii) the pilot in command of the aircraft conducts a risk assessment of the area to be flown over;
(iii) the point on the ground or water vertically below the aircraft is not within 150 m of a person, vessel, vehicle or structure or of livestock;

Question 29

91.275 Specified VFR cruising levels

Answer 29

The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified VFR cruising level for the track.

Subregulation above does not apply if the aircraft is in uncontrolled airspace and any of the following apply:

(a) the aircraft is below 3,000 ft above mean sea level;
(b) the aircraft is at or above 3,000 ft above mean sea level but below 1,500 ft AGL;
(c) it is not practicable for the pilot in command to fly the aircraft at a specified VFR cruising level for the track;

Subregulation above does not apply if:

(a) the aircraft is in controlled airspace; and
(b) air traffic control has given the pilot in command an air traffic control instruction, or an air traffic control clearance, to fly the aircraft other than at a specified VFR cruising level for the track.

Question 30

91.277 Minimum heights—VFR flights at night

Answer 30

The pilot in command of an aircraft for a VFR flight at night contravenes this subregulation if, during the flight:

(a) the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation below; and
(b) none of the circumstances mentioned in subregulation below applies.

The minimum height is the lowest height of the following for the route or route segment:

(a) the published lowest safe altitude for the route or route segment (if any);
(b) the minimum sector altitude published in the authorised aeronautical information for the flight (if any);
(c) the lowest safe altitude for the route or route segment;
(d) 1,000 ft above the highest obstacle on the ground or water within 10 nautical miles ahead of, and to either side of, the aircraft at that point on the route or route segment;
(e) the lowest altitude for the route or route segment calculated in accordance with a method prescribed by the Part 91 Manual of Standards for the purposes of this paragraph.

The circumstances are the following:

(a) the aircraft is taking off or landing;
(b) the aircraft is within 3 nautical miles of the aerodrome from which the aircraft has taken off, or at which the aircraft will land;
(c) the aircraft is being flown in accordance with an air traffic control clearance.

Question 31

91.280 VFR flights—compliance with VMC criteria

Answer 31

The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight, the aircraft is not flown in accordance with a requirement of the VMC criteria for the aircraft and the airspace in which the flight is conducted.

Subregulation above does not apply to a flight of an aircraft if:

(a) air traffic control has authorised the pilot in command of the aircraft to conduct the flight under the special VFR; and
(b) the pilot in command complies with the special VFR.

Question 32

91.283 VFR flights—aircraft not to exceed certain speeds

Answer 32

The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight, the aircraft is flown at a transonic or supersonic speed.

Question 33

91.285 VFR flights—flights in class A airspace

Answer 33

The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight:

(a) the aircraft is flown in class A airspace; and
(b) the pilot in command does not hold an approval under regulation 91.045 to conduct a VFR flight in class A airspace.

Question 34

91.290 Specified IFR cruising levels

Answer 34

The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track.

Subregulation above does not apply if:

(a) the aircraft is in uncontrolled airspace; and
(b) it is not practicable for the pilot in command to fly the aircraft at a specified IFR cruising level for the track.

Subregulation above does not apply if air traffic control has:

(a) given the pilot in command an air traffic control instruction to fly the aircraft at the cruising level; or
(b) given the pilot in command an air traffic control clearance to fly the aircraft at the cruising level.

Question 35

91.295 IFR flights at non‑specified cruising levels—notifying Air Traffic Services

Answer 35

The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:

(a) the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and
(b) before the aircraft is flown at that cruising level, the pilot in command does not notify Air Traffic Services of the cruising level.

Question 36

91.300 IFR flights at non‑specified cruising levels—avoiding collisions with aircraft conducting VFR flights

Answer 36

The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track:

(a) the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track; and
(b) there is a risk of collision between the aircraft and another aircraft that:

(i) is conducting a VFR flight on a track; and
(ii) is flying at a specified VFR cruising level for the track; and

(c) the pilot in command does not give way to the other aircraft.

Question 37

91.305 Minimum heights—IFR flights

Answer 37

The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight:

(a) the aircraft is flown along a route or route segment at a height lower than the minimum height mentioned in subregulation below; and
(b) none of the circumstances mentioned in subregulation below applies.

The minimum height is the lowest of the following for the route or route segment:

(a) the published lowest safe altitude for the route or route segment (if any);
(b) the minimum sector altitude published in the authorised aeronautical information for the flight (if any);
(c) the lowest safe altitude for the route or route segment.

The circumstances are the following:

(a) the aircraft is taking off or landing;
(b) the aircraft is being flown in accordance with:
(i) requirements relating to visual approach or departure procedures published in the authorised aeronautical information for the flight; or
(ii) an authorised instrument departure procedure or an authorised instrument approach procedure; or
(iii) an air traffic control clearance;

(c) the aircraft is being flown in VMC by day.

Question 38

91.315 Taking off and landing in low visibility

Answer 38

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) the aircraft conducts a low‑visibility operation at an aerodrome; and
(b) when the operation begins:
(i) if the operator is required under these Regulations to have an exposition or an operations manual—the operator does not hold an approval under regulation 91.045 to conduct the low‑visibility operation; or
(ii) if subparagraph (i) does not apply—the pilot in command does not hold an approval under regulation 91.045 to conduct the low‑visibility operation.

Question 39

91.320 Specified aircraft performance categories

Answer 39

The operator of an aircraft contravenes this subregulation if, while the aircraft is operating at an aerodrome:

(a) the aircraft does not operate in the specified aircraft performance category for the aircraft at the aerodrome; and
(b) the operator:
(i) does not hold an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome; or
(ii) holds an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome but does not comply with subregulation below of this regulation.

The operator of an aircraft contravenes this subregulation if:

(a) the operator holds an approval under regulation 91.045 for the aircraft to operate in a lower aircraft performance category for the aircraft at the aerodrome; and
(b) the aircraft does not operate in that lower aircraft performance category.

The operator must give details to the flight crew of:

(a) the approval; and
(b) the conditions (if any) imposed by CASA on the approval.

Question 40

91.325 Basic rule

Answer 40

A flight crew member must, during a flight, maintain vigilance, so far as weather conditions permit, to see and avoid other aircraft.

Question 41

91.330 Right of way rules

Answer 41

The pilot in command of an aircraft contravenes this subregulation if, during a flight:

(a) there is a risk of collision between the aircraft and another aircraft; and
(b) a circumstance mentioned in column 1 of an item in the following table exists; and
(c) the pilot in command contravenes the right of way rule mentioned in column 2 of that item.

Subregulation above does not apply if it is necessary, in order to avoid a collision with an aircraft, not to comply with the right of way rule.

Question 42

91.335 Additional right of way rules

Answer 42

Aircraft with right of way to maintain heading and speed

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) there is a risk of collision with another aircraft; and
(b) the aircraft has right of way over the other aircraft (in accordance with regulation 91.330); and
(c) the aircraft’s heading and speed is not maintained until there is no longer a risk of collision.

Overtaking aircraft to keep clear and to right

The pilot in command of an aircraft contravenes this subregulation if, when the aircraft is overtaking another aircraft (whether in the course of climbing, descending or in level flight), the pilot does not:

(a) keep the aircraft out of the way of the other aircraft, even if the other aircraft alters course while being overtaken; and
(b) fly the aircraft so that it passes to the right of the other aircraft and remains on the right until clear of the other aircraft.

Aircraft approaching head on to alter heading to right

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft and another aircraft are approaching in the air head on or approximately so; and
(b) there is a risk of collision; and
(c) the aircraft’s heading is not altered to the right.

Aircraft giving way not to create collision risk

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft is required to give way to another aircraft:

(i) by a right of way rule in regulation 91.330; or
(ii) by an additional right of way rule in subregulation abov of this regulation; or
(iii) by an additional right of way rule in regulation 91.340; and

(b) the aircraft is flown so that it passes ahead of the other aircraft, or directly over or under it, so closely that there is a risk of collision.

Exceptions

Subregulation above does not apply if it is necessary, in order to avoid a collision with an aircraft, to not comply with the subregulation.

Paragraph above does not apply if:

(a) the aircraft is a glider engaged in ridge or hill soaring; and
(b) the pilot flies the aircraft so that it passes between the ridge or hill and the other aircraft.

Subregulation above does not apply if, as a result of a command of the aircraft’s airborne collision avoidance system, the pilot was manoeuvring the aircraft to the extent necessary to ensure the safety of the aircraft.

Question 43

91.340 Right of way rules for take‑off and landing

Answer 43

The pilot in command of an aircraft for a flight contravenes this subregulation if, during take‑off or landing, the aircraft is flown in a manner that creates a risk of collision with:

(a) another aircraft; or
(b) a person, vessel, vehicle or structure.

Question 44

91.345 Compliance with International Regulations

Answer 44

This regulation applies in relation to a requirement of the International Regulations to the extent that the requirement is not inconsistent with a requirement of regulation 91.355.

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft is operating on water; and
(b) the aircraft is not operated in accordance with the International Regulations.

Question 45

91.350 Giving way to vessels

Answer 45

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft is in level flight, or is manoeuvring near the surface of water; and
(b) the aircraft does not, as far as possible:

(i) keep clear of a vessel; or
(ii) avoid impeding the navigation of a vessel.

Question 46

91.355 Giving way on water

Answer 46

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the aircraft is on water; and
(b) a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) the aircraft must give way to, and keep well clear of, an aircraft or vessel converging on its right;
(b) the aircraft must alter its heading to the right, and keep well clear, of an aircraft or vessel that is approaching head‑on or approximately head‑on;
(c) the aircraft, if overtaking a vessel or another aircraft, must:
(i) give way to the vessel or aircraft being overtaken; and
(ii) alter its heading to keep well clear of the vessel or aircraft being overtaken.

Subregulation above does not apply if it is necessary, to avoid a collision with an aircraft or vessel, to not comply with the requirement.

Question 47

91.360 Meaning of in the vicinity of a non‑controlled aerodrome

Answer 47

An aircraft is in the vicinity of a non‑controlled aerodrome if it is:

(a) in uncontrolled airspace; and
(b) within 10 nautical miles of the aerodrome; and
(c) at a height above the aerodrome that could result in conflict with operations at the aerodrome.

For the purposes of paragraph above, if an aerodrome reference point for the aerodrome is published in the authorised aeronautical information for the flight, the distance must be measured from that point.

Question 48

91.365 Taxiing or towing on movement area of aerodrome

Answer 48

A person contravenes this subregulation if:

(a) the person is taxiing or towing an aircraft on the movement area of an aerodrome; and
(b) a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) the aircraft and any tow vehicle must give way, in accordance with subregulation below, to an aircraft that is landing or on its final approach to land;
(b) the aircraft and any tow vehicle must give way, in accordance with subregulation below, to an aircraft that is taking 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 above:
(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 above 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 above 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

Question 49

91.370 Take‑off or landing at non‑controlled aerodrome—all aircraft

Answer 49

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

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 Below is not met.

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) if another aircraft is landing on the same runway before the subject aircraft—the other aircraft must have vacated the runway;
(c) if another aircraft is landing before the subject aircraft and is using a crossing runway—the other aircraft must have crossed, or must have stopped short of, the runway the subject aircraft is taking off from.

Rules for landing

The pilot in command of the subject aircraft (other than a glider) for a flight contravenes this subregulation if:

(a) the subject aircraft continues an approach to land at an aerodrome beyond the threshold of the runway; and
(b) before landing, a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) if another aircraft is taking off using the same runway before the subject aircraft:

(i) the other aircraft must be airborne and must have commenced a turn; or
(ii) the other aircraft must be beyond the point on the runway at which the subject aircraft could be expected to complete its landing roll, and there must be sufficient distance for the subject aircraft to manoeuvre safely in the event of a missed approach;

(b) if another aircraft is landing on the same runway before the subject aircraft—the other aircraft must have vacated the runway or must be taxiing away from the runway;
(c) if another aircraft is landing before the subject aircraft and is using a crossing runway—the other aircraft must have crossed, or must have stopped short of, the runway the subject aircraft is landing on.

Application of rules where gliders or glider tugs operate

At an aerodrome where gliders or glider tugs operate to a common circuit pattern from a parallel strip outside the runway strip:

(a) subregulations above apply to an aircraft taking off or landing, respectively, on either the runway or the parallel strip as if the runway and the strip were a single runway; but
(b) aircraft taxiing or stationary on either the runway or the parallel strip are taken not to affect operations on the other.

Exception

Subregulation above does not apply if:

(a) the aircraft is taking off or landing at an aerodrome where gliders or glider tugs operate to a contra‑circuit pattern on both a runway and a parallel strip outside the runway strip; and
(b) simultaneous operations on the runway and the parallel strip are permitted.

Question 50

91.375 Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—general requirements

Answer 50

The pilot in command of an aircraft 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) a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) the pilot must keep a lookout for other aircraft that are being operated on the manoeuvring area, or in the vicinity, of the aerodrome to avoid a collision;
(b) the pilot must ensure that the aircraft does not cause a danger to other aircraft on the manoeuvring area, or in the vicinity, of the aerodrome;
(c) if the pilot is flying the aircraft in the vicinity of the aerodrome—the pilot must join, or avoid, the circuit pattern for the aerodrome;
(d) if the aircraft is an aeroplane—the pilot must not:

(i) take‑off from a part of the aerodrome that is outside the aerodrome landing area; or
(ii) land the aircraft on a part of the aerodrome that is outside the aerodrome landing area.

Question 51

91.380 Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—landing and taking off into the wind

Answer 51

The pilot in command of an aircraft 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, to the extent practicable, land and take off into the wind.

Subregulation above does not apply if:

(a) the aircraft flight manual instructions for the aircraft allow the aircraft to land or take off downwind or crosswind; and
(b) the pilot is satisfied that traffic conditions at the aerodrome enable such a landing or take‑off to be carried out safely.

Question 52

91.385 Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—requirements that apply after joining the circuit pattern

Answer 52

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.

Subregulation above 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.

Question 53

91.390 Operating on manoeuvring area, or in the vicinity, of non‑controlled aerodrome—requirements related to maintaining the same track after take‑off

Answer 53

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.

Subregulation above 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 a populated area without compromising the aircraft’s safety; or
(c) for a single engine seaplane or amphibian—to enable the aircraft to land on water if its engine fails.
(3) Subregulation above does not apply to the pilot in command of an aircraft if a change to the track is necessary to avoid the terrain.

Question 54

91.395 Straight‑in approaches at non‑controlled aerodromes

Answer 54

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft approaches a non‑controlled aerodrome to land using a straight‑in approach; and
(b) a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) before starting the approach, the pilot in command must determine:

(i) the wind direction at the aerodrome; and
(ii) the runways in use at the aerodrome;

(b) the aircraft must give way to any other aircraft flying in the circuit pattern for the aerodrome;
(c) for an approach other than an approach covered by subregulation below all manoeuvring must be carried out, to establish the aircraft on the final approach, at least 3 nautical miles from the threshold of the runway intended to be used for the landing.

An approach is covered by this subregulation if:

(a) the approach is carried out in IMC using an instrument approach procedure; or
(b) the approach is by a Part 103 aircraft prescribed by the Part 103 Manual of Standards for the purposes of this paragraph.

Question 55

91.400 Communicating at certified, registered, military or designated non‑controlled aerodromes

Answer 55

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft is operated on the manoeuvring area of, or in the vicinity of:

(i) a certified aerodrome; or
(ii) a registered aerodrome; or
(iii) a military aerodrome; or
(iv) an aerodrome prescribed as a designated non‑controlled aerodrome by the Part 91 Manual of Standards for this subparagraph; and

(b) the aerodrome is a non‑controlled aerodrome; and
(c) if the aircraft is not carrying an operative radio—the requirement in subregulation below is not met.

The requirement is that either subregulation below is satisfied.

This subregulation is satisfied if:

(a) the flight is conducted during the day in VMC; and
(b) the flight is conducted in company with another aircraft; and
(c) the other aircraft is carrying an operative radio; and
(d) the pilot in command of the other aircraft is:

(i) if the aircraft is an Australian aircraft—authorised to operate the radio under Part 61; or
(ii) if the aircraft is a foreign registered aircraft—authorised to operate the radio under the law of the aircraft’s State of registry or the State of the operator; or
(iii) if the aircraft is a Part 103 aircraft—authorised to operate the radio by a Part 103 ASAO.

This subregulation is satisfied if:

(a) either:

(i) the radio becomes inoperative during the flight; or
(ii) the purpose of the flight is to take the radio to a place where it can be repaired; and

(b) if the aircraft is flying in the vicinity of the aerodrome—each of the following is switched on:

(i) the aircraft’s landing lights (if any);
(ii) the aircraft’s anti‑collision lights (if any);
(iii) the aircraft’s secondary surveillance radar transponder (if any); and

(c) if the aircraft is arriving at the aerodrome—the aircraft joins the circuit pattern for the aerodrome on the cross‑wind or down‑wind leg of the circuit pattern.

Question 56

91.405 Aircraft in aerodrome traffic at controlled aerodromes

Answer 56

The pilot in command of an 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 below is not met.

The requirements are the following:

(a) a continuous watch for instructions given visually by Air Traffic Services for the aerodrome using standard visual signals must be maintained;
(b) if a continuous listening watch on the frequency specified in the authorised aeronautical information for the flight for communications with Air Traffic Services for the aerodrome can be maintained—the continuous listening watch must be maintained;
(c) authorisation to conduct a manoeuvre preparatory to, or associated with, taxiing, landing or take‑off must be obtained from Air Traffic Services for the aerodrome before the manoeuvre is conducted.

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 below is not met.

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.

Subregulation above 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.

Question 57

91.410 Use of aerodromes

Answer 57

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 below.

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).

Question 58

91.415 Taxiing aircraft

Answer 58

A person contravenes this subregulation if:

(a) the person taxis an aircraft; and
(b) any of the following apply:

(i) for an aeroplane that is an Australian aircraft other than a Part 103 aircraft—the person is not authorised under Part 61 or 64 to taxi the aeroplane;
(ii) for a rotorcraft that is an Australian aircraft other than a Part 103 aircraft—the person is not authorised under Part 61 to taxi the rotorcraft;
(iii) for an aeroplane that is a foreign registered aircraft—the person is not qualified to taxi the aeroplane under the law of the aeroplane’s State of registry or the State of the operator, nor authorised under Part 64;
(iv) for a rotorcraft that is a foreign registered aircraft—the person is not qualified to pilot the rotorcraft under the law of the rotorcraft’s State of registry or the State of the operator;
(v) for a Part 103 aircraft—the person is not authorised by a Part 103 ASAO to taxi the aircraft.

Question 59

91.420 Parked aircraft not to create hazard

Answer 59

A person contravenes this subregulation if the person parks an aircraft in a place where the aircraft is a hazard to the movement of other aircraft.

Question 60

91.425 Safety when aeroplane operating on ground

Answer 60

A person contravenes this subregulation if:

(a) the person starts the engine of an aeroplane, or causes the engine to be started, while the aeroplane is on the ground; and
(b) a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) the person who starts the engine or causes the engine to be started must be:

(i) if the aeroplane is an Australian aircraft—a person authorised to pilot the aeroplane under Part 61 or a person authorised to taxi the aeroplane under Part 64; or
(ii) if the aeroplane is a foreign registered aircraft—a person qualified to pilot or taxi the aeroplane under the law of the aeroplane’s State of registry or the State of the operator; or
(iii) a person of a kind prescribed by the Part 91 Manual of Standards; and
(b) if subparagraph (a)(iii) applies—the aeroplane must be secured from moving.

Subregulation above does not apply if:

(a) the person starting the engine of the aeroplane is hand‑starting the propeller of the aeroplane; and
(b) assistance is not readily available; and
(c) adequate provision is made to prevent the aeroplane moving forward; and
(d) no person is on board the aircraft.

A person contravenes this subregulation if:

(a) the person operates an aeroplane on the ground, or causes an aeroplane to be operated on the ground; and
(b) the person permits another person to board the aeroplane or to remain on the aeroplane while a pilot seat of the aeroplane is not occupied by a person who is competent to apply the brakes and control the engine.

For the purposes of paragraph above, a person is competent to apply the brakes and control the engine of an aeroplane if:

(a) the person has been given instructions on how, and assessed as competent, to apply the brakes and control the engine (including how to shut the engine down) by another person; or
(b) the person is authorised under Part 61 or Part 64 to taxi the aeroplane; or
(c) if the aeroplane is a foreign registered aircraft—the person is qualified to pilot or taxi the aeroplane under the law of the aeroplane’s State of registry or the State of the operator.

Question 61

91.460 Oil requirements

Answer 61

The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight begins, the aircraft is not carrying sufficient oil to complete the flight safely.

Question 62

91.465 Contaminated, degraded or inappropriate fuels

Answer 62

The operator and pilot in command of an aircraft for a flight each contravene this subregulation if, before the flight begins, the operator or pilot in command does not ensure that the aircraft has been fuelled with fuel that is not contaminated, degraded or inappropriate.

A person contravenes this subregulation if:

(a) the person supplies fuel for fuelling an aircraft (other than a Part 131 aircraft); and
(b) the fuel is contaminated, degraded or inappropriate fuel for the aircraft.

A person contravenes this subregulation if:

(a) the person fuels an aircraft; and
(b) the fuel is contaminated, degraded or inappropriate fuel for the aircraft.

Question 63

91.470 Fire hazards

Answer 63

A person contravenes this subregulation if:

(a) an aircraft is being fuelled; and
(b) the person creates a fire hazard within 15 m of the aircraft or the equipment used to fuel the aircraft.

A person contravenes this subregulation if:

(a) a fire hazard exists within 15 m of an aircraft or the aircraft’s fuelling equipment; and
(b) the person fuels the aircraft.

Question 64

91.475 Fuelling aircraft—fire fighting equipment

Answer 64

A person who fuels an aircraft contravenes this subregulation if a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) at all times during the fuelling, at least the number of fire extinguishers mentioned in subregulation (2A):

(i) must be on the fuelling equipment or positioned at a distance of not less than 6 m and not more than 15 m from the fuelling point; and
(ii) must be readily available for use by the person;

(b) each fire extinguisher:

(i) must be of a type and capacity suitable for extinguishing fuel and electrical fires; and
(ii) for a fuelling operation in Australian territory—must comply with Australian/New Zealand Standard AS/NZS 1841, as in force from time to time.

For the purposes of paragraph above the number of fire extinguishers is:

(a) for an aircraft other than a Part 131 aircraft—2; and
(b) for a Part 131 aircraft—one.

Question 65

91.480 Fuelling aircraft—electrical bonding

Answer 65

A person contravenes this subregulation if:

(a) the person is fuelling an aircraft; and
(b) the aircraft and the equipment used to fuel the aircraft are not electrically bonded.

Question 66

91.485 Equipment or electronic devices operating near aircraft

Answer 66

Operation of equipment or electronic device near aircraft during fuelling

A person contravenes this subregulation if:

(a) an aircraft is being fuelled; and
(b) the person operates equipment or an electronic device within 15 m of a critical fuelling point for the aircraft.

Fuelling aircraft while equipment or electronic device is operated near aircraft

A person contravenes this subregulation if:

(a) equipment or an electronic device is being operated within 15 m of a critical fuelling point for the fuelling of an aircraft; and
(b) the person fuels the aircraft.

Exceptions

Subregulations above do not apply if:

(a) the equipment or electronic device being operated:

(i) is part of the aircraft or the aircraft’s fuelling equipment; or
(ii) is designed for use during fuelling operations; or
(iii) performs an aircraft servicing function and is safe for use within 15 m of a critical fuelling point for the fuelling of the aircraft; or
(iv) complies with an industry standard about the safe use of equipment or electronic devices within 15 m of a critical fuelling point for the fuelling of the aircraft; or

(b) the equipment being operated is an auxiliary power unit of the aircraft and the following requirements are met:

(i) the operation of the auxiliary power unit starts before the person begins fuelling the aircraft;
(ii) the aircraft flight manual instructions for the aircraft permit the auxiliary power unit to be operated during fuelling; or

(c) the electronic device being operated:

(i) is hazardous to the process of fuelling the aircraft only because it is designed to produce radio emissions (within the meaning of the Radiocommunications Act 1992); and
(ii) is operated at least 6 m from each critical fuelling point for the fuelling of the aircraft; or

(d) for a turbine‑engine aircraft—the electronic device being operated is a low‑risk electronic device and is operated in accordance with regulation 91.490.

Question 67

91.490 Fuelling turbine‑engine aircraft—low‑risk electronic devices

Answer 67

Use of device inside cabin of aircraft

A person on a turbine‑engine aircraft for a flight contravenes this subregulation if:

(a) the person operates a low‑risk electronic device inside the cabin of the aircraft while the aircraft is being fuelled; and
(b) the pilot in command of the aircraft has not given the person permission to operate the device while the aircraft is being fuelled.

The pilot in command of a turbine‑engine aircraft for a flight contravenes this subregulation if:

(a) the pilot in command gives permission to a person to operate a low‑risk electronic device inside the cabin of the aircraft while the aircraft is being fuelled; and
(b) the requirement mentioned in subregulation below is not met.

The requirement is that, during fuelling, each cabin door within 3 m of a critical fuelling point for the fuelling of the aircraft must be closed.

Use of device outside cabin of aircraft

A person contravenes this subregulation if:

(a) the person operates a low‑risk electronic device outside the cabin of a turbine‑engine aircraft while the aircraft is being fuelled; and
(b) a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) the device must be operated at a distance of greater than 3 m from each critical fuelling point for the fuelling of the aircraft;
(b) the device may also be operated at a distance of 3 m or less from a critical fuelling point for the fuelling of the aircraft if the person operating the device:

(i) is employed or engaged by the operator of the aircraft; and
(ii) has successfully completed training and has been assessed by the operator as competent to comply with the requirements of this Division in relation to operating the device in those areas and to avoid the risks associated with being distracted when operating the device.

Question 68

91.495 Only turbine‑engine aircraft to be hot fuelled

Answer 68

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft is hot fuelled for the flight; and
(b) the aircraft is not a turbine‑engine aircraft.

Question 69

91.500 Hot fuelling aircraft—general

Answer 69

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft is hot fuelled for the flight; and
(b) a requirement mentioned in subregulation below is not met.

The requirements are that, at the time of the hot fuelling:

(a) it must be safe to hot fuel; and
(b) if the aircraft is a turbine‑engine propeller‑driven aeroplane:

(i) an aeroplane propeller must not be within 2.5 m of the fuelling point used for the hot fuelling; and
(ii) a person using the fuelling point must be separated from the propeller by a part of the aeroplane’s structure (such as a wing) and must not be able to move directly into the propeller’s arc from the fuelling point; and

(c) doors on the fuelling side of the aircraft must be closed; and
(d) at least one door on the non‑fuelling side of the aircraft must be open; and
(e) a system of fuelling must not be used that allows fuel to be exposed to the atmosphere; and
(f) there must be a means available to the person fuelling the aircraft to quickly cut off the fuel supply at its point of entry into the aircraft’s fuel tank; and
(g) the person in charge of the aircraft, or the person at the aircraft’s controls, must maintain communication with the person fuelling the aircraft by means of:
(i) an electronic communication system; or
(ii) visual contact and an agreed system of signals.

Question 70

91.505 Hot fuelling aircraft—procedures etc.

Answer 70

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft is hot fuelled for the flight; and
(b) the following are not set out in the aircraft flight manual instructions for the aircraft:

(i) procedures for the hot fuelling of the aircraft;
(ii) the circumstances in which the aircraft can be hot fuelled;
(iii) the procedures to be followed if an emergency occurs during hot fuelling.

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) a requirement of a procedure mentioned in subparagraph above is not met in relation to the fuelling of the aircraft for the flight; or
(b) the aircraft is fuelled in a circumstance that is not mentioned in subparagraph above.

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft is hot fuelled; and
(b) before the hot fuelling begins, a person who is directly involved with the hot fuelling has not been briefed about compliance with the procedures and circumstances mentioned in paragraph above.

Question 71

91.510 Fuelling aircraft—persons on aircraft, boarding or disembarking

Answer 71

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft is being fuelled for the flight with a highly volatile fuel; and
(b) the fuelling begins or continues when a person who is not a crew member of the aircraft is:

(i) on the aircraft; or
(ii) boarding the aircraft; or
(iii) disembarking from the aircraft.

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft is being fuelled with fuel other than a highly volatile fuel; and
(b) the fuelling begins or continues when a person who is not a crew member of the aircraft is:

(i) on the aircraft; or
(ii) boarding the aircraft; or
(iii) disembarking from the aircraft; and

(c) neither the operator of the aircraft nor the pilot in command holds an approval under regulation 91.045 to fuel the aircraft in those circumstances.

Question 72

91.515 Fuelling aircraft if fuel vapour detected

Answer 72

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) the aircraft is being fuelled for the flight; and
(b) a person who is not a crew member of the aircraft is:

(i) on the aircraft; or
(ii) boarding the aircraft; or
(iii) disembarking from the aircraft; and

(c) fuel vapour is detected in the aircraft; and
(d) the aircraft continues to be fuelled.

Question 73

91.520 Crew members to be fit for duty

Answer 73

A crew member of an aircraft for a flight contravenes this subregulation if:

(a) the crew member is, or is likely to be, unfit to perform a duty:

(i) that is a required duty for the crew member to perform during the flight; and
(ii) that is related to the safety of the aircraft or of the persons on the aircraft or cargo on the aircraft; and

(b) the crew member begins to carry out the crew member’s duties for the flight.

A crew member of an aircraft for a flight contravenes this subregulation if:

(a) the crew member carries out a duty for the flight; and
(b) either:

(i) the crew member consumes alcohol at any time during the period of 8 hours ending when the flight begins; or
(ii) if a test of a body sample of the crew member to determine the level of alcohol in the sample was taken at the time of carrying out the duty—the test would reveal that the permitted level for alcohol (within the meaning of Part 99) is exceeded.

A crew member of an aircraft for a flight contravenes this subregulation if the crew member consumes alcohol while on board the aircraft.

The operator of an aircraft for a flight contravenes this subregulation if:

(a) the operator believes on reasonable grounds that a crew member is unfit to perform a duty on the flight; and
(b) the duty relates to the safety of the aircraft or of the persons on the aircraft or cargo on the aircraft; and
(c) the operator assigns the crew member to duty for the flight.

Without limiting subregulation above, a crew member is taken to be, or is taken to be likely to be, unfit to perform a duty if:

(a) the crew member is fatigued to the extent that the crew member’s ability to safely perform the duty is reduced or likely to be reduced; or
(b) the crew member’s ability to safely perform the duty is impaired, or likely to be impaired, because the crew member has consumed, used or absorbed a psychoactive substance.

Question 74

91.525 Offensive or disorderly behaviour on aircraft

Answer 74

A person on an aircraft for a flight contravenes this subregulation if:

(a) the person behaves in an offensive or disorderly manner; and
(b) as a result of that behaviour, the safety of the aircraft or persons on the aircraft is endangered.

The operator or a crew member of an aircraft for a flight may refuse to allow a person to board the aircraft if there are reasonable grounds to believe that the person is likely to behave in an offensive or disorderly manner that is likely to endanger the safety of the aircraft or persons on the aircraft.

Without limiting subregulation above, a person is taken to behave in an offensive or disorderly manner if the person:

(a) assaults, intimidates or threatens another person (whether the assault, intimidation or threat is verbal or physical, and whether or not a weapon or object is used); or
(b) intentionally damages or destroys property.

Question 75

91.530 When smoking not permitted

Answer 75

A person on an aircraft (other than a Part 103 aircraft) for a flight contravenes this subregulation if the person smokes:

(a) during take‑off or landing; or
(b) during a period when the pilot in command has directed the person not to smoke.

A person on an aircraft (other than a Part 103 aircraft) for a flight contravenes this subregulation if the person smokes in the aircraft’s toilet.

For the purposes of paragraph above, the pilot in command is taken to have directed a person on an aircraft not to smoke if:

(a) a permanent “no smoking” sign is displayed in the aircraft’s cabin; or
(b) the pilot has switched on an illuminated “no smoking” sign in the aircraft’s cabin.

A person on a Part 103 aircraft for a flight contravenes this subregulation if the person smokes on the aircraft.

For the purposes of this regulation, smoking is taken to include the use of electronic cigarettes.

Question 76

91.535 Crew safety during turbulence

Answer 76

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) a crew member (other than a flight crew member) is carried on the flight; and
(b) before the flight begins, the pilot in command has not implemented procedures for:

(i) the protection of such crew members during turbulence or during a period when turbulence is expected; or
(ii) the limiting or ceasing of crew member duties during turbulence or during a period when turbulence is expected.

Question 77

91.540 Means of passenger communication

Answer 77

The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) due to the design or configuration of the aircraft, the pilot in command is unable to see all seats (and berths) on the aircraft from the pilot in command’s pilot seat; and
(b) before the aircraft begins the flight, the aircraft is not fitted with a means to communicate with all passengers during all phases of the flight (including emergencies).

Question 78

91.545 Seating for persons on aircraft

Answer 78

The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) a person is assigned a seat (or a berth) on the aircraft for the flight; and
(b) the seat or berth is not fitted with a seatbelt or shoulder harness; and
(c) the aircraft begins the flight.

Subregulation above does not apply if circumstances prescribed by the Part 91 Manual of Standards apply in relation to the carriage of the person for the flight.

Question 79

91.550 Seating for flight crew members

Answer 79

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) the flight must be conducted by at least one pilot who:
(i) for an Australian aircraft—holds a pilot licence and is permitted under regulation 61.385 to conduct the flight; or
(ii) for a foreign aircraft—is qualified to pilot the aircraft under the law of the aircraft’s State of registry or the State of the operator;
(b) at all times during the flight, such a pilot must occupy a pilot seat, with the seatbelt securely fastened;
(c) during take‑off, landing or any other period that the pilot in command directs, each flight crew member required for the flight must occupy the flight crew member’s crew station with the seatbelt and shoulder harness securely fastened;
(d) when occupying a crew station on the flight deck other than a flight crew member’s crew station, the flight crew member must keep the flight crew member’s seatbelt securely fastened.

Question 80

91.555 Seating for crew members other than flight crew members

Answer 80

A crew member (other than a flight crew member) for a flight of an aircraft contravenes this subregulation if, during take‑off, landing or any other period that the pilot in command directs, the crew member is not:

(a) occupying the crew member’s crew station; and
(b) wearing, securely fastened, the seatbelts and shoulder harnesses provided at that station.

Subregulation above does not apply if:

(a) a direction is given by the pilot in command during turbulence; and
(b) the crew member occupies a seat other than the crew member’s crew station; and
(c) the crew member is wearing, securely fastened, the seatbelts and shoulder harnesses provided at that seat.

Question 81

91.560 Restraint of infants and children

Answer 81

A passenger on an aircraft for a flight contravenes this subregulation if, during the flight:

(a) a direction is given to passengers under regulation 91.570 to fasten seatbelts or shoulder harnesses (as the case requires); and
(b) the passenger is responsible for an infant or child carried on the flight; and
(c) the passenger does not ensure that the infant or child is restrained in accordance with the requirements prescribed by the Part 91 Manual of Standards for the purposes of this paragraph.

Question 82

91.565 Passengers—safety briefings and instruction

Answer 82

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) a passenger is not given a safety briefing and instructions in accordance with the requirements prescribed by the Part 91 Manual of Standards for the purposes of this paragraph; and
(b) the aircraft takes off for the flight.

Subregulation above does not apply if:

(a) the passenger has been previously carried on the aircraft; and
(b) the passenger has previously been given a safety briefing and instructions in accordance with this regulation; and
(c) in the circumstances it is not reasonably necessary to give the same safety briefing and instructions.

Question 83

91.570 Passengers—safety directions by pilot in command

Answer 83

The pilot in command of an aircraft for a flight contravenes this subregulation if, before doing a thing mentioned in subregulation Below, a passenger is not directed to do the following:

(a) to fasten the passenger’s seatbelt or shoulder harness;
(b) if the seat back of the seat (or berth) in which the passenger is sitting is adjustable—to ensure that the seat back is in an upright position or other position permitted by the aircraft flight manual instructions for the aircraft while the aircraft is doing a thing mentioned in subregulation below;
(c) if there are attachments to or for the seat (including a tray table or footrest)—to stow the attachments or to position them as permitted by the aircraft flight manual instructions for the aircraft while the aircraft is doing a thing mentioned in subregulation below.

The things are the following:

(a) taxiing;
(b) taking off;
(c) landing.

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the pilot in command has reason to believe it is necessary, for the safety of passengers, that a passenger’s seatbelt or shoulder harness is fastened; and
(b) the pilot in command does not direct the passenger to fasten the passenger’s seatbelt or shoulder harness.

For subregulations above, a direction that seatbelts or shoulder harnesses are to be fastened may be given by the operation of an illuminated sign.

A direction mentioned in paragraph above does not apply to a person occupying a seat (or berth) on an aircraft if:

(a) the person’s health may suffer a detriment by being restrained by a seatbelt; and
(b) the pilot in command agrees that the person is otherwise safely restrained.

A direction mentioned in paragraph above does not apply to a person occupying a seat (or berth) on an aircraft if:

(a) the person is ill or incapacitated; and
(b) the pilot in command agrees to the passenger not adjusting their seat (or berth); and
(c) the person is otherwise safely restrained and will not affect the safety of other passengers.

Question 84

91.575 Passengers—compliance with safety directions

Answer 84

A passenger on an aircraft for a flight contravenes this subregulation if, during the flight:

(a) a direction mentioned in regulation 91.570 is given to the passenger; and
(b) the person does not comply with the direction.

Question 85

91.580 Passengers—compliance with safety instructions by cabin crew4

Answer 85

A cabin crew member of an aircraft may, during a flight, give an instruction to a passenger:

(a) relating to the safety of the aircraft; or
(b) relating to the safety of a person on the aircraft.

A passenger on the aircraft contravenes this subregulation if:

(a) a cabin crew member gives a passenger an instruction under subregulation above; and
(b) the passenger does not comply with the instruction.

Question 86

91.585 Restraint and stowage of cargo

Answer 86

This regulation does not apply in relation to the following kinds of cargo on an aircraft:

(a) an assistance animal carried in a passenger cabin;
(b) carry‑on baggage;
(c) equipment that is required or permitted under these Regulations to be carried on the aircraft without being restrained or stowed;
(d) cargo to be dropped from the aircraft during a dropping operation.

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if cargo carried on the flight is not:

(a) restrained using equipment that is approved under regulation 21.305 or 21.305A; or
(b) securely stowed in a place designed and approved for that purpose under Part 21; or
(c) for equipment of a foreign registered aircraft operating in Australian territory—restrained or stowed in accordance with any requirements under the law of the aircraft’s State of registry or the State of the operator.

Question 87

91.590 Restraint and stowage of carry‑on baggage

Answer 87

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) either:

(i) the aircraft is taking off or landing; or
(ii) the pilot in command has directed that carry‑on baggage be securely stowed; and

(b) an item of carry‑on baggage is not:

(i) securely stowed in a place designed and approved under Part 21 (or in the case of a foreign aircraft, under the law of the aircraft’s State of registry or the State of the operator) for that purpose; or
(ii) otherwise safely restrained.

Question 88

91.595 Restraint and stowage of certain aircraft equipment

Answer 88

The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) either:

(i) the aircraft is taking off or landing; or
(ii) the pilot in command has directed that passenger service equipment or galley equipment be restrained or securely stowed; and

(b) the passenger service equipment or galley equipment is not restrained or securely stowed in a place intended for the purpose.

Question 89

91.600 Carriage of cargo—general

Answer 89

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if a requirement mentioned in subregulation below is not met for the flight.
The requirements are the following:

(a) cargo must not be carried in a place where the cargo may damage, obstruct or cause the failure of:

(i) a control, electrical wiring or a pipeline of the aircraft; or
(ii) any other equipment that is essential to the safe operation of the aircraft;

(b) cargo must not be carried in a place where the weight of the cargo exceeds the load limitations for the floor structure or any other load bearing components of that place, as set out:

(i) in the aircraft flight manual instructions for the aircraft; or
(ii) on a placard on the aircraft;

(c) cargo (other than passenger service equipment or galley equipment in an aisle on a temporary basis while in use) must not obstruct an aisle;
(d) either:

(i) cargo must not obstruct, or restrict access to, an emergency exit; or
(ii) the operator or the pilot in command must hold an approval from CASA under regulation 91.045 for cargo to be carried in a manner that obstructs, or restricts access to, the emergency exit.

Question 90

91.605 Carriage of cargo—cargo compartments

Answer 90

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) more than one flight crew member is required for the flight; and
(b) cargo is carried in a cargo compartment; and
(c) the design of the cargo compartment is such that if a fire were to occur during the flight, a crew member would need to enter the compartment to extinguish the fire; and
(d) the cargo is not loaded in a manner to allow a crew member to reach, at any time during the flight, all parts of the compartment with the contents of a hand‑held fire extinguisher.

A flight crew member is required for a flight if the flight crew member is one of the number of flight crew members required for the flight by:

(a) the aircraft flight manual instructions for the aircraft; or
(b) if a greater number is required by these Regulations—these Regulations.

Question 91

91.610 Carriage of cargo—unoccupied seats

Answer 91

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) cargo is carried on an unoccupied seat in the aircraft; and
(b) a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) the cargo must not weigh more than:

(i) 77 kg; or
(ii) if the seat manufacturer permits a greater weight for the seat—that weight;

(b) the cargo, and the means of restraint of the cargo, must not interfere with the safe operation of the aircraft.

Question 92

91.615 Carriage of cargo—loading instructions

Answer 92

This regulation applies in relation to cargo other than cargo that:

(a) is carry‑on baggage that weighs less than 9 kg and is stowed under a seat or in a place designed for that purpose; or
(b) is carried on an unoccupied seat in accordance with regulation 91.610.

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if, during the flight, cargo is not carried in the aircraft in a place that has a placard bearing the instructions for the carriage of the cargo in that place.

Question 93

91.620 Carriage of animals

Answer 93

A person contravenes this subregulation if:

(a) the person brings an animal onto an aircraft for a flight; and
(b) the person does not have permission from the pilot in command of the aircraft to do so.

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the pilot in command of the aircraft gives permission for a person to bring an animal onto the aircraft for the flight; and
(b) the pilot in command does not take reasonable steps to ensure that carriage of the animal does not have an adverse effect on the safety of air navigation.

The operator or the pilot in command of an aircraft for a flight may refuse to carry an assistance animal (within the meaning of the Disability Discrimination Act 1992) in the aircraft for the flight if the operator or pilot in command reasonably believes that the carriage of the animal for the flight may have an adverse effect on the safety of air navigation.

Subregulation above has effect despite anything in the Disability Discrimination Act 1992.

(5) The Part 91 Manual of Standards may prescribe requirements relating to the carriage of animals on an aircraft for a flight.

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the pilot in command is subject to a requirement mentioned in subregulation above (MOS); and
(b) the requirement is not met for the flight.

The operator of an aircraft for a flight contravenes this subregulation if:

(a) the operator is subject to a requirement mentioned in subregulation above (MOS); and
(b) the requirement is not met for the flight.

Question 94

91.625 Use of radio—qualifications

Answer 94

A person contravenes this subregulation if:

(a) the person transmits on a radio frequency published in the AIP or NOTAMs that is:

(i) used by Air Traffic Services; or
(ii) used for communications at a certified aerodrome, a registered aerodrome, a military aerodrome or an aerodrome prescribed as a designated non‑controlled aerodrome by the Part 91 Manual of Standards for the purposes of subparagraph 91.400(1)(a)(iv); or
(iii) used in aeronautical emergencies; or
(iv) of a kind prescribed by the Part 91 Manual of Standards for this subparagraph; and

(b) the person is not authorised or qualified to do so:

(i) for an Australian aircraft (other than a Part 103 aircraft or a Part 131 aircraft)—under Part 61, 64 or 65; or
(ii) for a foreign registered aircraft—under the law of the aircraft’s State of registry or the State of the operator; or
(iii) for a Part 103 aircraft—by a Part 103 ASAO; or
(iv) for a Part 131 aircraft—by a Part 131 pilot authorisation.

Question 95

91.635 Communication monitoring in controlled airspaces

Answer 95

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) during the flight, the aircraft is flown in controlled airspace; and
(b) the pilot in command does not continuously monitor the primary communications medium used by air traffic control while flying in that airspace.

Question 96

91.640 Use of radio outside controlled airspaces—listening watch of radio transmissions

Answer 96

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft is fitted with, or carries, a radio; and
(b) the aircraft is flown by a pilot who is qualified, eligible or authorised to use the radio:

(i) for an Australian aircraft (other than a Part 103 aircraft or a Part 131 aircraft)—under Part 61 or 64; or
(ii) for a foreign registered aircraft—under a law of the aircraft’s State of registry or the State of the operator; or
(iii) for a Part 103 aircraft—by a Part 103 ASAO; or
(iv) for a Part 131 aircraft—by a Part 131 pilot authorisation; and

(c) the aircraft is outside controlled airspace; and
(d) radio transmissions are not continuously monitored by:

(i) the pilot in command of the aircraft for the flight; or
(ii) another pilot who occupies a pilot seat during the fligh

Question 97

91.645 Availability of instructions for flight data and combination recorders

Answer 97

The operator of an aircraft for a flight contravenes this subregulation if, when the aircraft begins the flight:

(a) the aircraft is required to be fitted with a flight data recorder or combination recorder by these Regulations; and
(b) the operator does not have the instructions for the recorder available for immediate provision to the Australian Transport Safety Bureau.

Question 98

91.650 Flight recorders—preserving recordings of immediately reportable matters

Answer 98

The operator of an aircraft for a flight contravenes this subregulation if:

(a) the aircraft is fitted with an operative flight data recorder, operative cockpit voice recorder or operative combination recorder; and
(b) an immediately reportable matter occurs in relation to the aircraft; and
(c) the requirement mentioned in subregulation below is not met.

The requirement is that recordings from the flight data recorder, cockpit voice recorder and combination recorder related to the occurrence of the matter, and the recorders, are preserved:

(a) if the Australian Transport Safety Bureau notifies the operator, within 72 hours of the matter being reported to the Australian Transport Safety Bureau under section 18 of the Transport Safety Investigation Act 2003:
(i) that the operator is not required to preserve the recordings and recorders—until the time of that notification; or
(ii) that the operator is required to preserve the recordings and recorders for a certain period—until the end of that period; or
(iii) that the operator is required to preserve the recordings for a certain period but is not required to preserve the recorders—until the end of that period for the recordings, and until the time of that notification for the recorders; or

(b) in any other case—until 72 hours after the matter is reported to the Australian Transport Safety Bureau under section 18 of the Transport Safety Investigation Act 2003.

Subregulation above does not apply if:

(a) the recordings or recorders are not preserved; and
(b) the operator took reasonable steps in the circumstances to preserve the recordings or recorders.

Question 99

91.655 RVSM airspace

Answer 99

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) the aircraft is flown in RVSM airspace; and
(b) the requirement mentioned in subregulation below is not met.

The requirement is that either or both of the following apply:

(a) the operator of the aircraft holds:

(i) for an Australian aircraft—an approval under regulation 91.045; or
(ii) for a foreign aircraft—an approval by the national aviation authority of the aircraft’s State of registry or of the State of the operator;

for the aircraft to be flown in RVSM airspace;

(b) the pilot in command has been given an air traffic control clearance or an air traffic control instruction for the aircraft to be flown in the RVSM airspace.
(3) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) the aircraft is in RVSM airspace; and
(b) the aircraft becomes unable to operate with RVSM separation; and
(c) the pilot in command does not inform air traffic control as soon as practicable after the aircraft becomes unable to operate with RVSM separation.

Question 100

91.660 Performance‑based navigation

Answer 100

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the flight, or any part of the flight, is conducted using a navigation specification prescribed by the Part 91 Manual of Standards for the purposes of this paragraph; and
(b) neither the operator of the aircraft for the flight nor the pilot in command holds:

(i) for an Australian aircraft—an approval under regulation 91.045; or
(ii) for a foreign registered aircraft—an approval by the national aviation authority of the aircraft’s State of registry or of the State of the operator;

to use that navigation specification during the flight or part of the flight.

Question 101

91.670 Standard visual signals

Answer 101

A person contravenes this subregulation if:

(a) the person displays a signal to an aircraft other than a glider for the purposes of marshalling the aircraft; and
(b) the signal is not a standard visual signal.

A person contravenes this subregulation if:

(a) the person displays a standard visual signal to an aircraft; and
(b) the safety of the aircraft, or of any person or property, is likely to be endangered as a result of the display of the signal.

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) a standard visual signal is displayed to the aircraft during the flight; and
(b) the pilot in command does not comply with the signal.

Subregulation above does not apply if the pilot in command reasonably believes that compliance with the signal is likely to endanger the safety of the aircraft or of any person or property.

Question 102

91.675 Pilot in command to report hazards to air navigation

Answer 102

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) the pilot in command becomes aware that a hazard to air navigation exists; and
(b) information about the hazard is not published in the authorised aeronautical information for the flight; and

(c) the pilot in command does not, as soon as circumstances permit, report the hazard to:
(i) Air Traffic Services; and
(ii) if the hazard is on an aerodrome—the operator of the aerodrome.

Subregulation above does not apply if:

(a) the pilot believes that the hazard has previously been reported as required by subregulation (1); and
(b) the belief is reasonable in the circumstances.

Question 103

91.680 Pilot in command to report emergencies

Answer 103

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) an emergency occurs that threatens the safety of the aircraft or the persons on the aircraft; and
(b) the aircraft is fitted with, or carries, a means for the pilot in command to communicate with Air Traffic Services; and
(c) it is practicable to inform Air Traffic Services of the emergency; and
(d) the pilot does not inform Air Traffic Services, at the time that it is practicable to do so, of:

(i) the emergency; and
(ii) if the aircraft is carrying dangerous goods—the nature and state of the goods.

Question 104

91.685 Multi‑engine aircraft—pilot in command to land at nearest suitable aerodrome if emergency occurs

Answer 104

The pilot in command of a multi‑engine aircraft for a flight contravenes this subregulation if, during the flight:

(a) an emergency occurs that threatens the safety of the aircraft or the persons on the aircraft; and
(b) the pilot does not land at the aerodrome that is, in the circumstances, the nearest suitable aerodrome for the aircraft to land at.

Question 105

91.690 Pilot in command to report contraventions relating to emergencies

Answer 105

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) during the flight, an emergency occurs that threatens the safety of the aircraft or the persons on the aircraft; and
(b) the emergency requires the pilot flying the aircraft to take action that involves a contravention of a provision of these Regulations; and
(c) neither the operator nor the pilot in command give CASA written notice, in the approved form, of the contravention and the circumstances of the contravention, within 2 business days after the day the emergency occurs.

The pilot in command is not excused from giving notice under subregulation above on the ground that the giving of the notice, or the information in the notice, might tend to incriminate the pilot in command or expose the pilot in command to a penalty.

The following are not admissible in evidence against the pilot in command in criminal proceedings other than proceedings for an offence against subsection 136.1(1) or (4), 137.1(1) or 137.2(1) of the Criminal Code:

(a) the information in the notice;
(b) any information, document or thing obtained as a direct or indirect consequence of giving the notice.

Question 106

91.700 Aviation distress signals

Answer 106

A person on an aircraft for a flight contravenes this subregulation if:

(a) the person has made an aviation distress signal; and
(b) the reason for making the signal no longer exists; and
(c) the state of the aircraft’s radio and the location of the aircraft are such that the signal is able to be cancelled; and
(d) the person does not cancel the signal as soon as circumstances permit.

Question 107

91.705 Flight in icing conditions—adherence of frost, ice or snow

Answer 107

The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft begins the flight, frost, ice or snow is adhering to any of the aircraft’s wings, flaps, control surfaces, rotors, propellers, horizontal stabilisers or vertical stabilisers.

The pilot in command of an aircraft for a flight contravenes this subregulation if, when the aircraft begins a flight:

(a) the aircraft has frost, ice or snow adhering to the top of the aircraft’s fuselage; and
(b) either:

(i) the aircraft has rear‑mounted engines; or
(ii) the adherence of the frost, ice or snow to the top of the aircraft’s fuselage is a hazard to the safe operation of the aircraft for the flight.

Subregulations above does not apply if the take‑off for the flight is conducted in accordance with the aircraft flight manual instructions for the aircraft that relate to taking off under the conditions mentioned in that subregulation.

Question 108

91.710 Flight in icing conditions—requirements for flight

Answer 108

This regulation applies to a flight of an aircraft if:

(a) when the flight begins, icing conditions are known or suspected for the flight path along which the aircraft will be flown; or

(b) both:
(i) during the flight, the aircraft flies into icing conditions; and
(ii) the pilot in command does not, as soon as practicable, change the aircraft’s flight path to try and avoid the icing conditions.

The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight began, the aircraft was not type certificated as complying with the airworthiness standards relating to flight in icing conditions.

Question 109

91.715 Causing or simulating failure of flight instruments

Answer 109

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) the failure of an instrument of any of the following kinds is caused or simulated:
(i) an attitude indicator;
(ii) a gyrocompass or an equivalent instrument;
(iii) an airspeed indicator;
(iv) an altimeter; and

(b) a requirement mentioned in subregulation (2) is not met.

The requirements are the following:

(a) the flight must be conducted for the purpose of pilot training, checking or testing;
(b) only crew members that are required for the training, checking or testing are carried on the flight;
(c) a person who is authorised to pilot the aircraft under Part 61, by a Part 103 ASAO or by a Part 131 pilot authorisation (or in the case of a foreign aircraft, under the law of the aircraft’s State of registry or the State of the operator):

(i) must occupy a pilot seat fitted with a fully functioning set of flight controls; and
(ii) if the flight is in IMC or at night—must have a clear view of an operative instrument of the same kind as the instrument subjected to failure or simulated failure.

Subregulation above does not apply if the pilot in command is carrying out:

(a) a maintenance test flight; or
(b) a procedure to diagnose or isolate a failure of an instrument or system.

Question 110

91.720 Simulating IMC flying

Answer 110

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) during the flight, IMC are simulated; and
(b) a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) a pilot (the safety pilot) must:

(i) occupy a pilot seat fitted with fully functioning flight controls; and
(ii) have adequate vision forward and to each side of the aircraft;

(b) a pilot (the second pilot) flying the aircraft under simulated IMC must occupy a pilot seat fitted with fully functioning flight controls;
(c) the safety pilot must be authorised or qualified to pilot the aircraft:

(i) for an Australian aircraft—under Part 61; or
(ii) for a foreign registered aircraft—under the law of the aircraft’s State of registry or the State of the operator.

Question 111

91.725 Training flight limitations etc.

Answer 111

permitted person, in relation to an aircraft, means:

(a) a crew member of the aircraft; or
(b) a person authorised by the operator of the aircraft to conduct an audit of the operation involved, or to supervise it; or
(c) an authorised officer carrying out an examination, inspection or test of the work of the aircraft’s crew under these Regulations.

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) a person other than a permitted person is carried on the aircraft; and
(b) the pilot in command permits any of the following:

(i) flight training for a flight crew member who does not hold a class rating or type rating for the aircraft;
(ii) the simulation (other than verbally) of an emergency or abnormal situation that may affect the handling characteristics of the aircraft;
(iii) training below 500 ft AGL (other than training for take‑off and landing);
(iv) training mentioned in Part 61 for a low‑level rating, an aerial application rating, an aerobatic endorsement or a spinning endorsement, or training for an equivalent qualification under a law of a foreign country.

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:

(a) a person other than the following is carried on the aircraft:

(i) a permitted person;
(ii) a member of the aircraft’s maintenance personnel who is required, as part of the member’s duties, to be on the aircraft; and

(b) the pilot in command permits a test of the aircraft, or any of its instruments, indicators, items of equipment or systems (other than a test of the aircraft during the course of checks associated with the normal operation of the aircraft).

The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) for a flight for which the activity mentioned in subparagraph above is permitted—more than 4 permitted persons, including the pilot, are on the aircraft; or
(b) for a flight for which the activity mentioned in subparagraph above is permitted—more than 3 permitted persons, including the pilot, are on the aircraft.

Question 112

91.730 Aeroplane flights in IMC or at night—engine not to be shut down

Answer 112

The pilot in command of an aeroplane for a flight contravenes this subregulation if:

(a) the flight is in IMC or at night; and
(b) an engine of the aeroplane is shut down during the flight.

Question 113

91.735 Single‑engine aeroplane—VFR flights by day—engine not to be shut down

Answer 113

The pilot in command of a single‑engine aeroplane for a flight contravenes this subregulation if:

(a) the flight is a VFR flight by day; and
(b) the engine of the aeroplane is shut down during the flight; and
(c) a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) the flight must be conducted for the purpose of pilot training, checking or testing;
(b) only flight crew members are carried on the flight;
(c) the pilot in command must hold a flight instructor rating, flight examiner rating or other authorisation under these Regulations that authorises the activity of shutting down an engine;
(d) while the engine is shut down, the aeroplane must remain within gliding distance of a safe forced landing area.

Question 114

91.740 Single‑engine aeroplane—simulating engine failure in IMC or at night

Answer 114

The pilot in command of a single‑engine aeroplane for a flight contravenes this subregulation if:

(a) the flight is:

(i) in IMC; or
(ii) at night; and

(b) a failure of the aeroplane’s engine is simulated during the flight; and
(c) a requirement mentioned in subregulation (2) is not met.

The requirements are the following:

(a) the flight must be conducted for the purpose of pilot training, checking or testing;
(b) only flight crew members are carried on the flight;
(c) the pilot in command must hold a flight instructor rating, flight examiner rating or other authorisation under these Regulations that authorises the activity of simulating an engine failure;
(d) for a simulation at night:

(i) the simulation must commence above 1,000 ft AGL; and
(ii) while the engine failure is being simulated, the aeroplane must remain within gliding distance of a lighted runway available for landing;

(e) for a simulation in IMC:

(i) the simulation must commence above the lowest safe altitude for the route or route segment of the flight; and
(ii) VMC conditions must exist below that altitude.

Question 115

91.745 Multi‑engine aeroplane—simulating engine failure—general

Answer 115

The pilot in command of a multi‑engine aeroplane for a flight contravenes this subregulation if, during the flight:

(a) an engine failure is simulated; and
(b) the requirement mentioned in subregulation below is not met.

The requirement is that one of the following must apply to the aeroplane:

(a) the aeroplane must be type certificated to carry not more than 9 passengers, or must have a maximum take‑off weight of not more than 8,618 kg;
(b) for an aeroplane that is type certificated to carry more than 9 passengers but not more than 19 passengers:

(i) there must be no flight simulator for the type of aeroplane in Australia; or
(ii) if subparagraph (i) does not apply—the operator must hold an approval from CASA under regulation 91.045 to simulate the failure of the engine;

(c) for an aircraft that is type certificated to carry more than 19 passengers:

(i) there must be no flight simulator for the type of aeroplane in Australia; and
(ii) there must be no flight simulator approved by a recognised national aviation authority in a foreign country for the type of aeroplane; and
(iii) if subparagraphs (i) and (ii) do not apply—the operator must hold an approval from CASA under regulation 91.045 to simulate the failure of the engine;

(d) the aeroplane must be conducting a flight of the following kind in accordance with the requirements in Subpart 91.T for the kind of flight:

(i) a test flight of an aircraft for which a provisional certificate of airworthiness is in force;
(ii) if a special flight permit allows the aeroplane to simulate a failure of the engine—a flight under the special flight permit;
(iii) if an experimental certificate allows the aeroplane to simulate a failure of the engine—a flight under the experimental certificate.

Question 116

91.750 Multi‑engine aeroplane—simulating engine failures in IMC or at night

Answer 116

The pilot in command of a multi‑engine aeroplane for a flight contravenes this subregulation if:

(a) the flight is:

(i) in IMC; or
(ii) at night; and

(b) a failure of one of the aeroplane’s engines is simulated during the flight; and
(c) a requirement mentioned in subregulation below is not met.

The requirements are the following:

(a) the pilot in command must hold a flight instructor rating, flight examiner rating or other authorisation under these Regulations that authorises the activity of simulating an engine failure;
(b) the flight must be conducted for the purpose of pilot training, checking or testing;
(c) only flight crew members are carried on the flight;
(d) the pilot in command must brief the pilot under instruction before the simulation and must supervise the simulation;
(e) for an aeroplane flown in IMC that is not conducting an approach to land mentioned in paragraph (f)—the aeroplane must be at or above the minimum height mentioned in subregulation 91.305(2);
(f) for an aeroplane conducting an asymmetric instrument approach and missed approach:

(i) the simulation must be initiated above the initial approach altitude; and
(ii) the flight must be conducted with visual reference to the terrain when below a height of 1,000 ft above the relevant minima according to the aeronautical chart in use for the approach;

(g) for an aeroplane flown at night in VMC—the aeroplane must be flown:

(i) if the aeroplane is not conducting an approach to land or within the circling area of an aerodrome—above the minimum height mentioned in subregulation 91.305(2) or 91.277(2) (as the case requires); or
(ii) if the aeroplane is conducting an approach to land and is not within the circling area of an aerodrome—in accordance with an authorised instrument approach procedure; or
(iii) within the circling area of an aerodrome (as determined in accordance with the method specified in the authorised aeronautical information for the flight for determining the circling area for the aerodrome);

(h) for an aeroplane flown at night in VMC—the simulation must be initiated at or above circuit height and not below 1,000 ft AGL;

(I) the simulation must be carried out in accordance with procedures specified in:

(i) the aircraft flight manual instructions for the aeroplane (if any); or
(ii) if procedures are not specified in the aircraft flight manual instructions for the aeroplane, and the operator of the aeroplane is required to have an exposition by these Regulations—the exposition; or
(iii) if procedures are not specified in the aircraft flight manual instructions for the aeroplane, and the operator of the aeroplane is not required to have an exposition by these Regulations—the operator’s operations manual.

Question 117

91.780 Passengers—alcohol

Answer 117

A passenger on an aircraft for a flight contravenes this subregulation if:

(a) the passenger consumes alcohol; and
(b) either:

(i) a crew member has not provided the alcohol to the passenger; or
(ii) if there is no crew member other than the pilot in command on the aircraft—the pilot in command has not permitted the passenger to consume the alcohol.

Question 118

91.785 Crew—provision of alcohol

Answer 118

A crew member of an aircraft for a flight contravenes this subregulation if:

(a) the crew member provides alcohol to a passenger on the aircraft; and
(b) there are reasonable grounds to believe the passenger is affected by one or more psychoactive substances to an extent that the passenger’s behaviour may present a hazard to the aircraft or to a person on the aircraft.

Question 119

91.790 Prohibiting person affected by psychoactive substances from boarding

Answer 119

The operator, or a crew member, of an aircraft for a flight may prohibit a person from boarding the aircraft if there are reasonable grounds to believe that the person is affected by a psychoactive substance to an extent that may present a hazard to the aircraft or to a person on the aircraft.

Question 120

91.805 Loading of aircraft

Answer 120

The pilot in command of an aircraft for a flight contravenes this subregulation if, when the flight begins the aircraft is loaded in a way that contravenes the aircraft’s weight and balance limits.

The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, the aircraft ceases to be operated in accordance with the aircraft’s weight and balance limits.

Question 121

91.820 Cabin crew—when required

Answer 121

Subject to subregulations below, a cabin crew member must be carried on a flight of an aircraft if 20 or more passengers are carried on the flight.

Subregulation above does not apply if the flight involves a parachuting activity to which Part 105 applies.

Subregulation above does not apply if:

(a) the flight crew for the flight includes at least 2 pilots; and
(b) no more than 22 passengers are carried on the flight; and
(c) no more than 19 of the passengers are adults or children.

Question 122

91.825 Cabin crew—number

Answer 122

The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

(a) under regulation 91.820, a cabin crew member must be carried on the flight; and
(b) when the aircraft begins the flight, the number of cabin crew members for the flight is not at least equal to the sum of one cabin crew member for each 50, or part of 50, passengers carried on the flight.

Question 123

91.830 Cabin crew—knowledge of emergency and safety equipment and procedures

Answer 123

This regulation applies in relation to a flight of an aircraft if, under regulation 91.820, a cabin crew member must be carried on the flight.

The operator, a cabin crew member, and the pilot in command, of an aircraft for a flight each contravene this subregulation if:

(a) the cabin crew member is not competent to:

(i) operate and use emergency and safety equipment on the aircraft that is relevant to the cabin crew member’s duties; and
(ii) implement emergency evacuation procedures for the aircraft; and

(b) the cabin crew member begins to carry out cabin crew member duties for the flight.