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(6) CASA may, for the purpose of ensuring the safety of air navigation,
give directions requiring the owner or operator of an aircraft to install
in the aircraft an approved communications system to enable the pilot
in command to notify passengers when a seat belt or safety harness is
to be worn.
(6A) A person must not contravene a direction.
Penalty: 10 penalty units.
(7) A direction given under this regulation does not have effect in relation
to a person until it has been served on the person.
(8) An offence against subregulation (1), (4), (5) or (6A) is an offence of
strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(9) It is a defence to a prosecution under paragraph (1) (c) if CASA
directed that seat belts need not be worn in that circumstance.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (9) (see subsection 13.3 (3) of the Criminal Code).
Civil Aviation Regulations 1988 397
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
252 Provision of emergency systems etc.
(1) CASA may give directions with respect to the provision in Australian
aircraft of such emergency systems and equipment, and such lifesaving
equipment, as CASA considers necessary to safeguard the
aircraft and persons on board the aircraft.
(1A) A person must not contravene a direction.
Penalty: 50 penalty units.
(1B) An offence against subregulation (1A) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) In giving a direction under subregulation (1), CASA shall have regard
to the type of operation in which the aircraft is to be used.
(3) A direction given under this regulation does not have effect in relation
to a person until it has been served on the person.
252A Emergency locator transmitters
(1) On and after 31 July 1997, the pilot in command of an Australian
aircraft that is not an exempted aircraft, may begin a flight only if the
aircraft:
(a) is fitted with an approved ELT:
(i) that is in working order; and
(ii) whose switch is set to the position marked “armed”, if that
switch has a position so marked: or
(b) carries, in a place readily accessible to the operating crew, an
approved portable ELT that is in working order.
Penalty: 25 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) Subregulation (1) does not apply in relation to a flight by an Australian
aircraft if:
(a) the flight is to take place wholly within a radius of 50 miles from
the aerodrome reference point of the aerodrome from which the
flight is to begin; or
(b) the flight is, or is incidental to, an agricultural operation; or
(c) CASA has given permission for the flight under regulation
21.197 of CASR; or
(d) the aircraft is new and the flight is for a purpose associated with
its manufacture, preparation or delivery; or
(e) the flight is for the purpose of moving the aircraft to a place to
have an approved ELT fitted to the aircraft, or to have an
approved ELT that is fitted to it repaired or overhauled.
Replacement Page Amdt No. 8
December 2004
398 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3) Subregulation (1) does not apply in relation to a flight by an Australian
aircraft if, when the flight takes place:
(a) an approved ELT fitted to the aircraft, or an approved portable
ELT usually carried in the aircraft, has been temporarily removed
for inspection, repair, modification or replacement; and
(b) an entry has been made in the aircraft’s log book, or approved
alternative maintenance record, stating:
(i) the ELT’s make, model and serial number; and
(ii) the date on which it was removed; and
(iii) the reason for removing it; and
(c) a placard stating “ELT not installed or carried” has been
placed in the aircraft in a position where it can be seen by
the aircraft’s pilot; and
(d) not more than 90 days have passed since the ELT was removed.
(4) For the purposes of this regulation, and subject to subregulation (6), an
ELT is taken to be an approved ELT in relation to an aircraft if, and
only if it is automatically activated on impact and meets any of the
following requirements:
(a) it is of a type that is authorised by the FAA in accordance with
TSO C91a or TSO C126; or
(b) CASA is satisfied that it meets the requirements of TSO C91a or
　
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