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(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) A pilot in command of an aircraft is responsible for:
(a) the start, continuation, diversion and end of a flight by the
aircraft; and
(b) the operation and safety of the aircraft during flight time; and
(c) the safety of persons and cargo carried on the aircraft; and
(d) the conduct and safety of members of the crew on the aircraft.
Replacement Page Amdt No. 14
March 2007
378 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(2A) A pilot in command must discharge his or her responsibility under
paragraph (2) (a) in accordance with:
(a) any information, instructions or directions, relating to the start,
continuation, diversion or end of a flight, that are made available,
or issued, under the Act or these Regulations; and
(b) if applicable, the operations manual provided by the operator of
the aircraft.
(3) The pilot in command shall have final authority as to the disposition of
the aircraft while he or she is in command and for the maintenance of
discipline by all persons on board.
225 Pilots at controls
(1) The pilot in command must ensure that 1 pilot is at the controls of an
aircraft from the time at which the engine or engines is or are started
prior to a flight until the engine or engines is or are stopped at the
termination of a flight.
Penalty: 50 penalty units.
(2) When, in accordance with these Regulations, 2 or more pilots are
required to be on board an aircraft, the pilot in command must ensure
that 2 pilots remain at the controls at all times when the aircraft is
taking off, landing and during turbulent conditions in flight.
Penalty: 50 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
226 Dual controls
(1) During flight, a person may occupy a control seat of an aircraft
equipped with fully or partially functioning dual controls only if:
(a) the person holds an appropriate pilot licence for the type of
aircraft and the class of operations in which the aircraft is flown;
or
(b) the person is a student pilot assigned for instruction in the
aircraft; or
(c) the person is authorised by CASA.
Penalty: 25 penalty units.
(2) In authorising a person to occupy a control seat in pursuance of
subregulation (1), CASA may grant the authority subject to such
conditions as CASA considers necessary in the interests of safety.
(3) A person authorised under paragraph (1) (b) must not contravene a
condition subject to which the authority is granted.
Penalty: 25 penalty units.
Replacement Page Amdt No. 14
March 2007
Civil Aviation Regulations 1988 379
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(4) An offence against subregulation (1) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
227 Admission to crew compartment
(1) A person may enter the crew compartment of an aircraft during flight
only if:
(a) the person is a member of the operating crew of the aircraft; or
(b) the person is permitted by the pilot in command to enter that
compartment.
Penalty: 50 penalty units.
(1A) A member of the operating crew of an aircraft may permit a person to
enter, or remain in, the crew compartment of an aircraft during flight
only if:
(a) the person is a member of the operating crew of the aircraft; or
(b) the person is permitted by the pilot in command to enter that
compartment.
Penalty: 50 penalty units.
(2) A person may occupy the pilot seat or other operating crew position in
an aircraft, only if:
(a) the person is a member of the operating crew who is duly
assigned for duty in the aircraft and is licensed for the duties
associated with that seat or position; or
(b) the person is authorised to enter the crew compartment to conduct
examinations, inspections or checks of the aircraft, its equipment,
a member of the operating crew or the ground organisation
provided for use by aircraft.
Penalty: 50 penalty units.
(3) The pilot in command of an aircraft shall admit an authorised person
to the crew compartment and allow that person to occupy the seat or
position appropriate for the performance of his or her duties if the pilot
in command is not of the opinion that the person’s admission to the
crew compartment or occupation of that seat or position, as the case
　
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