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does not specify that the aircraft may perform that kind of
acrobatic flight.
Penalty: 25 penalty units.
(2) For the purposes of subregulation (1), straight and steady stalls or
turns in which the angle of bank does not exceed 60 degrees shall be
deemed not to be acrobatic flight.
(3) A person must not engage in acrobatic flight in an aircraft:
(a) at a height lower than 3,000 feet above the highest point of the
terrain, or any obstacle thereon, within a radius of 600 metres of a
line extending vertically below the aircraft; or
(b) over a city, town, populous area, regatta, race meeting or meeting
for public games or sports.
Penalty: 25 penalty units.
(4) Before engaging in acrobatic flight, the pilot of an aircraft shall take
such action as is necessary to ensure that:
(a) any loose articles are removed from the aircraft or made secure in
the aircraft;
(b) all locker and compartment doors of the aircraft are fastened;
(c) the safety harness or seat belt of any vacant seat is made secure so
as to avoid the fouling of the controls of the aircraft;
326 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(d) the dual controls (if any) of the aircraft are removed from the
aircraft or rendered inoperative, unless the control seats are
occupied in accordance with regulation 226 or the dual control
seat is vacant; and
(e) every person in the aircraft is secured with correctly adjusted
safety harness or seat belt.
Penalty: 25 penalty units.
(5) An offence against subregulation (1), (3) or (4) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(6) It is a defence to a prosecution under paragraph (3) (a) if CASA gave
written permission for the acrobatic flight at that height.
(7) It is a defence to a prosecution under paragraph (3) (b) if CASA gave
written permission for the acrobatic flight over that place.
Note A defendant bears an evidential burden in relation to the matters in
subregulations (6) and (7) (see subsection 13.3 (3) of the Criminal Code).
156 Flying over public gatherings
(1) The pilot in command of an aircraft must not fly the aircraft over a
regatta, race meeting or public gathering if:
(a) the pilot does not have the written permission of CASA for the
flight; and
(b) the flight is not in accordance with the conditions specified in the
permit.
Penalty: 10 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) Nothing in subregulation (1) shall apply to an aircraft passing over a
regatta, race meeting or public gathering in the process of:
(a) arriving at or departing from an aerodrome in the course of its
normal navigation for so doing; or
(b) passing from place to place in the ordinary course of navigation.
157 Low flying
(1) The pilot in command of an aircraft must not fly the aircraft over:
(a) any city, town or populous area, at a height lower than 1000 feet;
or
(b) any other area at a height lower than 500 feet.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) A height specified in subregulation (1) is the height above the highest
point of the terrain, and any object on it, within a radius of:
Civil Aviation Regulations 1988 327
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(a) in the case of an aircraft other than a helicopter—600 metres; or
(b) in the case of a helicopter—300 metres;
from a point on the terrain vertically below the aircraft .
(3A) Paragraph 1 (a) does not apply in respect of a helicopter flying at a
designated altitude within an access lane details of which have been
published in the AIP or NOTAMS for use by helicopters arriving at or
departing from a specified place.
(4) Subregulation (1) does not apply if:
(a) through stress of weather or any other unavoidable cause it is
essential that a lower height be maintained; or
(b) the aircraft is engaged in private operations or aerial work
operations, being operations that require low flying, and the
owner or operator of the aircraft has received from CASA either a
general permit for all flights or a specific permit for the particular
flight to be made at a lower height while engaged in such
operations; or
(c) the pilot of the aircraft is engaged in flying training and flies over
　
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