224ACommercial operations carrying passengers—requirements if pilot in command 60 or more

#### 224A Commercial operations carrying passengers—requirements if pilot in command 60 or more (1) The operator and pilot in command of an Australian aircraft each commit an offence if: (a) a flight of the aircraft is a commercial operation; and (b) a passenger is carried on the flight; and (c) the pilot in command of the aircraft is at least 60; and (d) the aircraft is an aircraft of a category mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(d), the aircraft categories are the following: (a) an aeroplane; (b) a helicopter; (c) a powered‑lift aircraft; (d) a gyroplane; (e) an airship. (3) Subregulation (1) does not apply if: (a) the aircraft: (i) is fitted with fully functioning dual controls; and (ii) has a flight crew that includes a qualified pilot for the aircraft who is not the pilot in command; or (b) the pilot in command complies with the operator’s training and checking system in accordance with regulation 119.170, 138.125 or 142.310 of CASR; or (c) if the pilot in command is less than 65—the pilot in command has met the requirement mentioned in subregulation (4) within one year before the day of the flight; or (d) if the pilot in command is at least 65—the pilot in command has met the requirement mentioned in subregulation (4) within 6 months before the day of the flight. > Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code. (4) For paragraphs (3)(c) and (d), the requirement is that the pilot in command has successfully completed an operator proficiency check or flight review in an aircraft of the same category or an approved flight simulator for the category of aircraft. (5) An offence against this regulation is an offence of strict liability. (6) In this regulation: > approved flight simulator: see regulation 61.010 of CASR. > category, of aircraft: see regulation 61.010 of CASR. > qualified pilot, for a flight of an aircraft, means the holder of an air transport or commercial pilot licence who: (a) is authorised under Part 61 of CASR to pilot the aircraft; and (b) either: (i) is less than 60; or (ii) meets the requirements of paragraph (3)(b), (c) or (d).