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Note For strict liability, see section 6.1 of the Criminal Code.
215 Operations manual
(1) An operator shall provide an operations manual for the use and
guidance of the operations personnel of the operator.
Penalty: 25 penalty units.
(2) The operator must ensure that the operations manual contains such
information, procedures and instructions with respect to the flight
operations of all types of aircraft operated by the operator as are
necessary to ensure the safe conduct of the flight operations (other
than information, procedures or instructions that are set out in other
documents required to be carried in the aircraft in pursuance of these
Regulations).
Penalty: 25 penalty units.
Replacement Page Amdt No. 14
March 2007
372 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3) CASA may give a direction:
(a) requiring the operator to include particular information,
procedures and instructions in the operations manual; or
(b) requiring the operator to revise or vary the information,
procedures and instructions contained in the operations manual.
(3A) An operator must not contravene a direction.
Penalty: 25 penalty units.
(4) A direction given under this regulation does not have effect in relation
to a person until it has been served on the person.
(5) The operator shall revise the operations manual from time to time
where necessary as the result of changes in the operator’s operations,
aircraft or equipment, or in the light of experience.
Penalty: 25 penalty units.
(6) An operator shall furnish copies of the operations manual to such of
his or her or its personnel as the operator considers necessary, to
CASA and to such other persons associated with the operator’s
operations as CASA considers necessary and directs.
Penalty: 25 penalty units.
(7) The operator shall ensure that a copy of the manual is kept in a
convenient and accessible place for use by all members of the
operations personnel of the operator who have not been furnished with
a copy in pursuance of subregulation (6).
Penalty: 10 penalty units.
(8) The operator shall ensure that all amendments to the operations
manual made in accordance with this regulation are incorporated in all
copies of the operations manual kept within the operator’s
organisation and that copies of those amendments are forwarded to all
persons to whom copies of the operations manual have been furnished
in accordance with this regulation.
Penalty: 25 penalty units.
(9) Each member of the operations personnel of an operator shall comply
with all instructions contained in the operations manual in so far as
they relate to his or her duties or activities.
Penalty: 25 penalty units.
(10) In this regulation, a reference to the operations personnel of an
operator shall be read as including a reference to a person undergoing
flight training with that operator.
(11) An offence against subregulation (1), (2), (3A), (5), (6), (7), (8) or (9)
is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(12) It is a defence to a prosecution under subregulation (3A) if the
defendant had a reasonable excuse.
Replacement Page Amdt No. 14
March 2007
Civil Aviation Regulations 1988 373
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Note A defendant bears an evidential burden in relation to the matter in
subregulation (12) (see subsection 13.3 (3) of the Criminal Code).
216 Flight time records
(1) An operator must maintain current records of the individual flight
times of the members of the operating crews employed by the
operator.
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.
217 Training and checking organisation
(1) An operator of a regular public transport service, an operator of any
aircraft the maximum take-off weight of which exceeds 5,700
kilograms and any other operator that CASA specifies shall provide a
training and checking organisation so as to ensure that members of the
operator’s operating crews maintain their competency.
Penalty: 50 penalty units.
(2) The operator must ensure that the training and checking organisation
includes provision for the making in each calendar year, but not at
intervals of less than four months, of two checks of a nature sufficient
to test the competency of each member of the operator’s operating
　
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