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aircraft used
(1) A person must not use an Australian aircraft in a class of operation if
CASA has not authorised and approved the particular type of aircraft
for that use.
Penalty: 50 penalty units.
(2) A person must not use an Australian aircraft in a class of operation if
the aircraft is not:
(a) fitted with instruments; and
(b) fitted with, or carrying, equipment, including emergency
equipment;
that CASA has approved and directed.
Penalty: 50 penalty units.
(3) Where CASA approves or directs that an instrument or item of
equipment be fitted or carried on an aircraft, a person must fit, carry or
use the instrument or item of equipment on the aircraft only in
accordance with the directions (if any) of CASA.
Penalty: 50 penalty units.
(4) In giving an authorisation, approval or direction for the purposes of
this regulation, CASA shall have regard only to the safety of air
navigation.
(5) An offence against subregulation (1), (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Replacement Page Amdt No. 14
March 2007
Civil Aviation Regulations 1988 369
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
208 Number of operating crew
(1) The operator of an Australian aircraft must ensure that the minimum
operating crew of the aircraft is not less in number than that specified
in the certificate of airworthiness of, or the flight manual for, the
aircraft, and that it is supplemented by such additional operating crew
members, having such qualifications, as CASA considers necessary
and directs, having regard to the safety of air navigation.
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.
209 Private operations
(1) The operator and the pilot in command of an aircraft engaged in
private operations shall comply with the provisions of these
Regulations and such additional conditions as CASA from time to
time directs in the interest of safety.
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.
Replacement Page Amdt No. 14
March 2007
370 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
210 Restriction of advertising of commercial operations
(1) A person must not give a public notice, by newspaper advertisement,
broadcast statement or any other means of public announcement, to the
effect that a person is willing to undertake by use of an Australian
aircraft any commercial operations if the last-mentioned person has not
obtained an Air Operator’s Certificate authorising the conduct of those
operations.
Penalty: 10 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.
Replacement Page Amdt No. 14
March 2007
Civil Aviation Regulations 1988 371
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Division 2 Requirements to ensure the Safety of Commercial Operations
211 Division 2 not to apply to New Zealand AOC holders with ANZA
privileges
This Division does not apply in relation to an aircraft operated under a
New Zealand AOC with ANZA privileges.
212 Operator
In this Division, operator means an operator engaging in commercial
operations.
213 Organisation
(1) An operator must provide an adequate organisation, including trained
staff, together with workshop and other equipment and facilities in
such quantities and at such places as CASA directs in order to ensure
that airframes, engines, propellers, instruments, equipment and
accessories are properly maintained at all times when they are in use.
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.
214 Training of maintenance personnel
(1) An operator must ensure that provision is made for the proper and
periodic instruction of all maintenance personnel, particularly in
connection with the introduction into service of new equipment or
equipment with which the maintenance personnel are not familiar, and
the training programme shall be subject to the approval of CASA.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
　
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