CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.095 Weather and day limitations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.095

  (1)   A person may operate an unmanned aircraft:

  (a)   in or into cloud; or

  (b)   at night; or

  (c)   in conditions other than VMC;

only if permitted by another provision of this Part, or in accordance with an air traffic control direction.

Penalty:   25 penalty units.

  (1A)   Subregulation (1) does not apply if the person holds an approval under regulation   101.029 for the purposes of this subregulation.

Note:   A defendant bears an evidential burden in relation to the matters in subregulation   (1A): see subsection   13.3(3) of the Criminal Code .

  (2)   An offence against subregulation   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .