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the aircraft falls within the limitations specified in its certificate of
airworthiness or its flight manual.
Penalty: 50 penalty units.
(10) A direction given under this regulation does not have effect in relation
to a person until it has been served on the person.
(11) CASA may exempt an aircraft from any of the requirements imposed
by this regulation.
(12) An offence against subregulation (2A), (4), (5), (6), (7A), (8) or (9) is
an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
388 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(13) It is a defence to a prosecution under subregulation (6) if the landing
was made in an emergency.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (13) (see subsection 13.3 (3) of the Criminal Code).
235A Minimum runway width
(1) In order to ensure the safety of air navigation, CASA may issue
instructions specifying the minimum runway width applicable to an
aeroplane or a type of aeroplane.
(2) The pilot in command of an aeroplane must not land at, or take-off
from, a runway if the minimum width of the runway is less than the
minimum runway width specified for that aeroplane or the type in
which the aeroplane is included.
Penalty: 50 penalty units.
(3) An instruction issued under subregulation (1) does not have effect in
relation to a person until it has been:
(a) served on the person; or
(b) published in AIP.
(4) CASA may, by instrument in writing, exempt an aeroplane or
aeroplanes of a specified type, model or series from compliance with
an instruction issued under subregulation (1).
(5) An exemption may be subject to such conditions, if any, as CASA
specifies in the instrument as being necessary in the interests of safety.
(6) Before CASA decides to:
(a) exempt an aeroplane or a type, model or series of aeroplane from
compliance with an instruction; or
(b) make an exemption subject to conditions;
CASA must take into account any relevant considerations relating to
the interests of safety.
Civil Aviation Regulations 1988 389
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(7) The pilot in command of an aeroplane to which an exemption applies
must not allow the aeroplane to land at, or take off from a runway if
the landing or take-off results in the breach of a condition mentioned
in subregulation (5).
Penalty: 50 penalty units.
(7A) An offence against subregulation (2) or (7) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(8) In this regulation, type of aeroplane means a group of aeroplanes in
respect of which a single type certificate is in force.
[EXAMPLES:
1. Learjet models 31 and 31A aeroplanes
2. Boeing 747 series 100 and series 200B aeroplanes.]
238 Icing conditions
(1) The pilot in command of an aircraft must not allow the aircraft to take
off for a flight during which the aircraft may fly into known or
expected icing conditions, if the aircraft is not adequately equipped
with either de-icing or anti-icing equipment of the type and quantities
directed by CASA.
Penalty: 25 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.
239 Planning of flight by pilot in command
(1) Before beginning a flight, the pilot in command shall study all available
information appropriate to the intended operation, and, in the cases of
flights away from the vicinity of an aerodrome and all I.F.R. flights,
shall make a careful study of:
(a) current weather reports and forecasts for the route to be followed
and at aerodromes to be used;
(b) the airways facilities available on the route to be followed and the
condition of those facilities;
(c) the condition of aerodromes to be used and their suitability for
the aircraft to be used; and
(d) the air traffic control rules and procedures appertaining to the
particular flight;
and the pilot shall plan the flight in relation to the information obtained.
390 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(2) When meteorological conditions at the aerodromes of intended
landing are forecast to be less than the minima specified by CASA, the
pilot in command shall make provision for an alternative course of
action and shall arrange for the aircraft to carry the necessary
　
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