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(a) Except as provided in paragraph (c), Part 103, and Part 106, a person must not operate an aircraft unless—
(1) the aircraft—
(i) has a current airworthiness certificate; and
(ii) is in an airworthy condition; or
(2) the aircraft is operated in accordance with a special flight permit issued in accordance with Part 21.
(b) A person operating an aircraft that has an airworthiness certificate or a special flight permit as required in paragraph (a) must comply with—
(1) any operating limitations issued with the airworthiness certificate or special flight permit; and
(2) the markings and placards that are required by the Civil Aviation Rules to be displayed in the aircraft.
(c) A person may operate an aircraft that does not have a current airworthiness certificate for the purpose of demonstrating the eligibility of the aircraft for the issue, renewal, or reinstatement of an airworthiness certificate if—
(1) a type certificate or type acceptance certificate for the aircraft type is in force in accordance with Subpart B of Part 21; and
(2) the aircraft complies with the requirements prescribed in rule 21.191; and
(3) a person meeting an applicable requirement in rule 43.101(a)(1) to (5) certifies that the aircraft is fit for flight; and
(4) the pilot-in-command is the holder of an appropriate, current pilot licence and type rating or a validation permit, issued in accordance with Part 61 for the aircraft; and
(5) no other person is carried unless that person performs an essential function in connection with the operation.
A person must not operate an aircraft issued with a restricted category airworthiness certificate under Part 21, Subpart H for flight instruction other than—
(1) conversion instruction for a type rating; or
(2) flight instruction for the issue of an agricultural rating; or
(3) flight instruction for the specific operational purpose for which the aircraft is certificated.
(a) Except as provided in paragraph (b), a person must not operate an aircraft that has a special category airworthiness certificate for the carriage of a person or goods for hire or reward.
(b) Paragraph (a) does not apply to a person operating an aircraft that has a special category airworthiness certificate if the carriage of a person is for hire or reward and—
(1) the person being carried is the holder of a flight instructor rating issued by the Director under the Act and Part 61 and—
(i) subject to paragraphs (e), (f)(2)(i), (g)(1), and (j)(2)(i) as appropriate, is giving flight instruction in the aircraft; or
(ii) is giving conversion instruction for an aircraft type rating on the aircraft; or
(2) the person being carried is required to perform a function essential to the operation of the aircraft under paragraph (e); or
(3) the aircraft has a special category – primary, special category – LSA, or special category – limited airworthiness certificate and is operated under the authority of an adventure aviation operator certificate that has been issued by the Director under the Act and Part 115.
(c) Except if taking off or landing, a person must not operate an aircraft that has a special category airworthiness certificate over a congested area of a city or town unless the aircraft has been authorised to do so by the Director in writing.
(d) A person operating an aircraft that has a special category airworthiness certificate must inform each person carried in the aircraft of the warning specified in the placard that is required by rule 21.205 to be installed in the aircraft.
(e) A person must not operate an aircraft that has a special category — experimental airworthiness certificate for any purpose other than—
(1) researching and developing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft; or
(2) showing that the aircraft complies with applicable airworthiness rules; or
(3) performing a flight evaluation; or
(4) giving conversion instruction for an aircraft type rating on the aircraft.
(f) A person operating an aircraft that has a special category—exhibition airworthiness certificate—
(1) must operate the aircraft in accordance with the operator statement required by rule 47.55(c) to accompany the certificate of registration for the aircraft; and
(2) must not operate the aircraft for any of the following purposes:
(i) giving flight instruction to a person for the issue of a pilot licence or rating, except for conversion instruction for an aircraft type rating on the aircraft, unless approved by the Director:
(ii) performing an agricultural aircraft operation:
(iii) performing a helicopter external load operation under Part 133 unless the performance of an external load operation is approved by the Director for participation in an aviation event:
(iv) the carriage of a person other than a person who is permitted to be carried in accordance with the operator statement required by rule 47.55(c) to accompany the certificate of registration for the aircraft, or who is carried under paragraph (2)(i).
(g) A person must not operate an aircraft that has a special category — amateur-built airworthiness certificate for any of the following purposes:
(1) giving flight instruction to a person for the issue of a pilot licence or rating, except for conversion instruction for an aircraft type rating on the aircraft, if the person is not the amateur constructor or owner of the aircraft:
(2) performing an agricultural aircraft operation:
(3) performing a helicopter external load operation under Part 133.
(h) A person must not operate an aircraft that has a special category — primary airworthiness certificate for any of the following purposes:
(1) performing an agricultural aircraft operation:
(2) performing a helicopter external load operation under Part 133.
(i) A person must not operate an aircraft that has a special category—LSA airworthiness certificate to perform an agricultural aircraft operation.
(j) A person operating an aircraft that has a special category—limited airworthiness certificate—
(1) must operate the aircraft in accordance with the operator statement required by rule 47.55(c) to accompany the certificate of registration for the aircraft; and
(2) must not operate the aircraft for any of the following purposes:
(i) giving flight instruction to a person for the issue of a pilot licence or rating, except for conversion instruction for an aircraft type rating on the aircraft, unless approved by the Director:
(ii) performing an agricultural aircraft operation:
(iii) performing a helicopter external load operation under Part 133:
(iv) the carriage of more than the following number of persons:
(A) 10 persons for an aeroplane:
(B) 5 persons for a helicopter.
(a) Except as provided in paragraph (b), and Part 106, a person must not operate an aircraft unless it is registered and displays identification markings in accordance with the requirements of—
(1) Part 47; or
(2) the appropriate aeronautical authority of an ICAO Contracting State; or
(3) the appropriate authority of another State that is party to an agreement with the Government of New Zealand or the Civil Aviation Authority of New Zealand, which provides for the acceptance of each other’s registrations.
(b) Paragraph (a) does not apply to the holder of a manufacturing organisation certificate issued in accordance with Part 148 if—
(1) the certificate holder holds a special flight permit—continuing authorisation issued in accordance with Part 21 for the aircraft; and
(2) the aircraft is a new production aircraft undergoing flight testing.
A person must not operate an aircraft unless it is operated in compliance with the operating limitations specified in the aircraft flight manual.
Except as provided in Parts 103, 104, and 106, a person must not operate an aircraft unless the following documents are carried in the aircraft —
(1) except if rule 91.101(c) applies, the current airworthiness certificate or a certified copy of the current airworthiness certificate:
(2) the aircraft flight manual or an equivalent document acceptable to the Director:
(3) for New Zealand registered aircraft –
(i) the technical log required under rule 91.619, unless for aircraft operating under an air operator certificate from a fixed base an alternative means acceptable to the Director is used to inform the pilot of the maintenance status of the aircraft:
(ii) the completed appropriate CAA Weight and Balance Data form:
(iii) the completed appropriate CAA Aircraft Radio Station Equipment Approval Levels form:
(4) for New Zealand registered aircraft operating outside of New Zealand –
(i) the General User Radio Licence for Aeronautical Purposes issued by the Ministry of Business, Innovation and Employment:
(ii) the current certificate of registration for the aircraft, or a certified copy of the certificate of registration:
(iii) evidence that each flight crew member holds an applicable and current flight crew member licence and medical certificate; and
(iv) written evidence that the aircraft complies with the applicable aircraft noise standards referred to in rule 91.803(a)(1):
(5) for foreign aircraft operating within New Zealand:
(i) the current certificate of registration for the aircraft, or a certified copy of the certificate of registration:
(ii) written evidence that the aircraft is certificated or validated by the State of Registry to comply with standards that are equivalent to the applicable aircraft noise standards specified in rule 91.803(a)(2); and
(iii) evidence that each flight crew member holds an applicable and current flight crew member licence and medical certificate.
(a) Except as provided in paragraph (c), an operator of an aircraft must keep accurate daily flight records that contain for each flight:—
(1) the name of the operator:
(2) the name of the pilot-in-command:
(3) the names of other crew members:
(4) the registration markings of the aircraft:
(5) the date of the flight:
(6) the purpose of the flight:
(7) the time of commencement of the flight:
(8) the name of the departure aerodrome:
(9) the flight time.
(b) An operator must retain each daily flight record for a period of 12 months after the date of the flight.
(c) A person required to keep daily flight records under rules 115.455 or 135.857 is not required to comply with paragraphs (a) and (b).
A person must not operate an aircraft without at least the number of flight crew members required by the aircraft flight manual.
(a) Except as provided in paragraph (b), a person must not operate an aircraft carrying more than 19 passengers unless the minimum number of flight attendants carried as crew members on the aircraft are as follows—
(1) for aircraft carrying more than 19 but less than 51 passengers, at least one flight attendant:
(2) for aircraft carrying more than 50 but less than 101 passengers, at least two flight attendants:
(3) for aircraft carrying more than 100 passengers, at least two flight attendants plus one additional flight attendant per every 50 passengers carried in addition to the first 100 passengers carried.
(b) A flight attendant is not required to be carried—
(1) in an aircraft that is carrying persons engaged in parachute operations; or
(2) in a balloon; or
(3) in a DHC6-300 or DHC6-310 aircraft type; or
(4) in an aircraft when the only passengers being carried in excess of 19 are children under 4 years of age who are carried in accordance with rule 91.207(d)(1) and the total number of passengers does not exceed 24.
(c) A person must not operate an aircraft carrying flight attendants who are not—
(1) familiar with the necessary functions to be performed—
(i) in an emergency; and
(ii) in a situation requiring emergency evacuation; and
(2) capable of using the emergency equipment installed in that aircraft.
(a) A person must not operate an aircraft with more than one pilot unless, when the flight is planned, the operator designates a pilot-in-command for each period of the flight.
(b) For the purposes of this rule, operator means the person who causes or permits an aircraft to fly.
No crew member while acting in their official capacity may be in a state of intoxication or in a state of health in which their capacity so to act would be impaired by reason of them having consumed or used any intoxicant, sedative, narcotic, or stimulant drug or preparation.
A person must not taxi an aircraft on the movement area of an aerodrome unless they are a flight crew member or they have been duly authorised by the operator or by a maintenance organisation, and in either case they—
(1) are competent to taxi the aircraft; and
(2) are competent to use the radiotelephone if radio communications are required; and
(3) are familiar with the aerodrome layout and any procedures applicable to ground movements at that aerodrome.
A person must not taxi, take-off, or land an aircraft equipped with—
(1) any passenger food and beverage tray, or table; or
(2) any passenger serving cart; or
(3) any viewing screen that extends into the aisle—
unless that equipment is secured in a stowed position.
A person must not give flight instruction in an aircraft, except a balloon, unless that aircraft is equipped with—
(1) fully functioning dual controls; or
(2) pitch, roll, yaw, and engine power controls which can be operated at either crew station.
(a) Except as provided in paragraph (b), a person must not operate an aircraft in simulated instrument flight unless—
(1) the aircraft has two pilot stations and one pilot station is occupied by a safety pilot who is the holder of a current pilot licence; and
(2) the safety pilot has—
(i) adequate vision forward and to each side of the aircraft; or
(ii) a competent observer to adequately supplement the vision of the safety pilot; and
(3) the aircraft is equipped with—
(i) fully functioning dual controls; or
(ii) pitch, roll, yaw, and engine power controls that can be operated from either pilot station.
(b) A person may operate an aircraft in simulated instrument flight that does not comply with paragraph (a)(3) if—
(1) the simulated flight is performed outside controlled airspace; and
(2) the means of simulating instrument flight can be removed rapidly by the pilot-in-command.
(a) A person must not use any place as an aerodrome unless that place is suitable for the purpose of taking off or landing of the aircraft concerned.
(b) A person must not operate an aircraft at an aerodrome unless—
(1) that person complies with any limitations and operational conditions on the use of the aerodrome notified by the aerodrome operator; and
(2) the runway, heliport, or water channel, is equipped with operable lighting, appropriate to that type of aircraft, when landing or taking off at night, and the lighting is activated; and
(3) that person manoeuvres the aircraft clear of any manoeuvring area or part of any manoeuvring area that has been notified or marked as unsafe for aircraft use by the aerodrome operator; and
(4) the runway, heliport, or water channel, is clear of all persons, animals, vehicles, vessels, or other obstructions during landing or take-off, other than persons, vehicles, or vessels essential to the operation.
(c) A pilot must not operate an aircraft in an aerodrome traffic circuit unless the aircraft can be manoeuvred—
(1) clear of any obstructions; and
(2) without conflicting with the aerodrome traffic circuit or instrument approach procedure of any other aerodrome.
(d) In addition to fulfilling the requirements of paragraphs (a), (b), and (c), a person must not operate a helicopter without ensuring that—
(1) any place used as a heliport or as a place to hover within a congested area of a city, town, or settlement has—
(i) physical characteristics; and
(ii) obstacle limitation surfaces; and
(iii) visual aids—
commensurate with the ambient light conditions and the characteristics of the helicopter being operated; and
(2) any place used as a heliport or as a place to hover that is outside a congested area of a city, town, or settlement—
(i) is suitable for the helicopter to hover clear of obstructions; and
(ii) for a heliport, has a surface area suitable for touchdown and lift-off; and
(3) unless the helicopter is a performance Class 1 helicopter, any place used as a heliport or as a place to hover has such approach and take-off paths that an autorotative landing can be conducted without causing a hazard to any persons or property on the surface.
(a) A pilot must not operate an aircraft within a restricted area designated under Part 71 unless that pilot—
(1) has the approval of the administering authority responsible for the restricted area to operate within that area; and
(2) complies with any conditions promulgated for operation within the restricted area; and
(3) complies with any conditions imposed by the administering authority for operation within the restricted area.
(b) A pilot must not operate an aircraft within a danger area designated under Part 71 unless that pilot has determined that the activity associated with the danger area will not affect the safety of the aircraft.
(a) A pilot must not operate an aircraft within a low flying zone designated under Part 71 —
(1) during the night or using NVIS; or
(2) during the day unless—
(i) the pilot—
(A) is receiving dual flight instruction; or
(B) holds an instructor rating issued under Part 61; or
(C) is briefed on the boundaries of the low flying zone and the method of entry and exit from the low flying zone and is authorised for that flight by the holder of an instructor rating issued under Part 61; and
(ii) the pilot has been briefed by the using agency on the conditions of operation for flight within the low flying zone; and
(iii) the pilot complies with the conditions of operation for flight within the low flying zone; and
(iv) before entering the low flying zone, the pilot broadcasts on the appropriate VHF frequency details of the flight and the proposed duration in the low flying zone; and
(v) the pilot maintains a listening watch on the appropriate VHF frequency while in the low flying zone and broadcasts or reports on vacating the low flying zone.
(aa) Despite paragraph (a), a person may operate an aircraft within a low flying zone designated under Part 71 during the night and use NVIS if the person is giving or receiving flight instruction on the use of NVIS.
(b) A pilot operating an aircraft within a low flying zone designated under Part 71 must ensure that the aircraft is operated without hazard to persons or property on the surface.
(c) A pilot operating an aircraft within a low flying zone designated under Part 71 must not carry a passenger on the aircraft.
A pilot must not operate an aircraft within a military operating area designated under Part 71 unless the pilot—
(1) has the approval of the administering authority responsible for the military operating area—
(i) to operate a New Zealand registered aircraft within the military operating area; or
(ii) to operate a foreign aircraft within any portion of the military operating area that is within the territorial limits of New Zealand; and
(2) complies with any conditions promulgated for operation within the military operating area; and
(3) complies with any conditions imposed by the administering authority for operation within the military operating area.
(a) Except as provided in paragraphs (b) and (c), a pilot must not operate an aircraft within a mandatory broadcast zone designated under Part 71 unless that pilot—
(1) makes the following broadcasts on the radio frequency assigned to the mandatory broadcast zone:
(i) at entry – the aircraft callsign, position and altitude, and the pilot’s intentions for flight within the mandatory broadcast zone:
(ii) when joining the aerodrome traffic circuit of an aerodrome within the mandatory broadcast zone – the aircraft callsign, position and altitude, and the pilot’s intentions:
(iii) before entering a runway for take-off from an aerodrome within the mandatory broadcast zone – the aircraft callsign, the runway to be used for take-off, and the pilot’s intentions for flight within the mandatory broadcast zone after take-off; and
(iv) at any other time at least at the intervals prescribed for the mandatory broadcast zone – the aircraft callsign, position and altitude, and the pilot’s intentions for flight within the mandatory broadcast zone; and
(2) maintains a listening watch on the radio frequency assigned to the mandatory broadcast zone; and
(3) activates, if equipped, the aircraft’s landing lights or anti-collision lights.
(b) Pilots of aircraft in formation may operate within a mandatory broadcast zone without complying with paragraphs (a)(1) and (a)(2), but only if—
(1) all the pilots of the aircraft in formation comply with paragraph (a)(3); and
(2) the pilot of the lead aircraft complies with paragraphs (a)(1) and (a)(2).
(c) A pilot-in-command of an aircraft without an operable radio may operate within a mandatory broadcast zone for the purpose of enabling repairs to be made to that radio, but only if—
(1) the pilot-in command complies with paragraph (a)(3); and
(2) if practicable, the pilot-in-command arranges for another person to make the broadcasts required in paragraph (a)(1) on the pilot’s behalf.
(d) The pilot-in-command of a parachute-drop aircraft intending to drop a parachutist within or into a mandatory broadcast zone must make a broadcast on the radio frequency assigned to the mandatory broadcast zone stating the aircraft callsign, position, altitude, and the intentions of the person making the parachute descent before authorising that person to exit the aircraft to make the parachute descent.
A pilot must not operate an aircraft within a volcanic hazard zone designated under Part 71—
(1) during the night or using NVIS; or
(2) in IMC; or
(3) in VMC during the day unless the pilot determines that, after considering all of the following, the volcanic hazard will not affect the safety of the flight:
(i) relevant meteorological information contained in SIGMET:
(ii) NOTAM information;
(iii) other information provided for this purpose by an organisation that holds a meteorological service certificate issued by the Director under the Act and Part 174.
A pilot must not operate an aircraft within a general aviation area designated under Part 71—
(1) during the night or using NVIS; or
(2) during the day unless—
(i) the general aviation area is active permanently during the day; or
(ii) if the general aviation area is made active by the approval of the ATC unit responsible for the airspace, an approval has been given by the ATC unit to operate within the general aviation area and the pilot complies with any request from the ATC unit to vacate the general aviation area; or
(iii) if the general aviation area is made active by notification from an airspace user to the ATC unit responsible for the airspace, prior notification has been given to the ATC unit, and the ATC unit has confirmed that the general aviation area is active.
