So you’re in the left seat from Sydney to Perth at FL380. Can you take a pee in the lav without either copping a $8500 dollar fine or descending OCTA?
91.635 Communication monitoring in controlled airspaces
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) during the flight, the aircraft is flown in controlled airspace; and
(b) the pilot in command does not continuously monitor the primary communications medium used by air traffic control while flying in that airspace.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
91.640 Use of radio outside controlled airspaces—listening watch of radio transmissions
(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) the aircraft is fitted with, or carries, a radio; and
(b) the aircraft is flown by a pilot who is qualified, eligible or authorised to use the radio:
(i) for an Australian aircraft (other than a Part 103 aircraft or a Part 131 aircraft)—under Part 61 or 64; or
(ii) for a foreign registered aircraft—under a law of the aircraft's State of registry or the State of the operator; or
(iii) for a Part 103 aircraft—by a Part 103 ASAO; or
(iv) for a Part 131 aircraft—by a Part 131 pilot authorisation; and
(c) the aircraft is outside controlled airspace; and
(d) radio transmissions are not continuously monitored by:
(i) the pilot in command of the aircraft for the flight; or
(ii) another pilot who occupies a pilot seat during the flight.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.