| (1) | A person shall not conduct a take-off in an aeroplane if a mass of such aeroplane— |
| (a) | exceeds MTOW specified in such aeroplane’s flight manual for the pressure altitude and ambient temperature at an aerodrome where the take-off is to be made; or |
| (b) | exceeds landing mass specified in such aeroplane’s flight manual for a pressure altitude and an ambient temperature at a destination aerodrome or alternate aerodrome, after allowing for planned fuel consumption during a flight. |
| (2) | A person shall not conduct a take-off in an aeroplane unless such an aeroplane is able, in an event of a critical engine failing or for other reasons, at any point in a take-off, either to discontinue a take-off and stop within the accelerate-stop distance available or to continue a take-off and clear all obstacles along a flight path by an adequate vertical or horizontal distance. |
| (2A) | For the purposes of determining an accelerated stop distance, a PIC shall take into account a loss, if any, of runway length due to alignment of an aeroplane prior to take-off. |
| (2B) | For the purpose of determining a resulting take-off obstacle accountability area, a PIC shall take into account the crosswind component and navigation accuracy. |
| (3) | In the determination of a maximum take-off mass referred to in subregulation (1)— |
| (a) | the required accelerate-stop distance shall not exceed the accelerate-stop distance available; |
| (b) | the required take-off run shall not exceed the take-off run available; and |
| (c) | the required take-off distance shall not exceed the take-off distance available. |
| (4) | For the purposes of subregulation (2), the following factors shall be applied— |
| (a) | pressure altitude at an aerodrome; |
| (c) | runway slope in a direction of take-off; |
| (d) | not more than 50 % of the reported headwind component or not less than 150 % of the reported tailwind component; |
| (e) | loss of effective take-off run available during runway alignment except where rolling take-offs are approved; |
| (f) | where a runway condition is other than dry an appropriate penalty based upon runway condition or contaminates on a runway shall be factored into the performance calculation; |
| (g) | MTOW of an aeroplane; |
| (h) | specific operating procedures; and |
| (i) | any other factor that may significantly affect aeroplane performance. |
[Regulation 121.08.2 substituted by regulation 16(k) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
