| (1) | Except when necessary for taking off, or landing, or except with prior written approval of the Director, no aircraft— |
| (a) | shall be flown over congested areas or over an obvious open-air assembly of persons at a height less than 1 000 feet above the highest obstacle, within a radius of 2 000 feet from the aircraft; |
[Regulation 91.06.32(1)(a) substituted by regulation 12(a) of Notice No. R. 535, GG 36712, dated 30 July 2013 (Fourth Amendment to the Civil Aviation Regulations, 2013)]
| (b) | when flown elsewhere than specified in paragraph (a), shall be flown at a height less than 500 feet above the ground or water, unless the flight can be made without hazard or nuisance to persons or property on the ground or water and the PIC operates at a height and in a manner that allows safe operation in the event of an engine failure; and |
| (c) | shall circle over or do repeated overflights over an obvious open-air assembly of persons at a height less than 3 000 feet above the surface. |
[Regulation 91.06.32(1)(c) substituted by regulation 12(a) of Notice No. R. 535, GG 36712, dated 30 July 2013 (Fourth Amendment to the Civil Aviation Regulations, 2013)]
| (2) | A helicopter shall be permitted to be flown at heights less than those prescribed in subregulation (1)(a), provided that— |
| (a) | the operation is conducted without unnecessary nuisance or hazard to persons and property on the ground or water; and |
[Regulation 91.06.32(2) substituted by regulation 12(c) of Notice No. R. 535, GG 36712, dated 30 July 2013 (Fourth Amendment to the Civil Aviation Regulations, 2013)]
| (b) | the PIC operates at a height and in a manner that allows safe operation in the event of an engine failure. |
| (3) | Except when necessary for take-off or landing, or with the express permission of the Director, an aircraft shall at night, in IMC or when operated in accordance with IFR, be flown |
| (a) | at a height of at least 2 000 feet above the highest terrain or obstacle where the height of such terrain or obstacle does not exceed 5 000 feet above sea level within five nautical miles of the aircraft in flight; or |
| (b) | at a height of at least 2 000 feet above the highest terrain or obstacle located within five nautical miles of the aircraft in flight where the height of such terrain or obstacle exceeds 5 000 feet above sea level: Provided that within areas determined by the Director the minimum height may be reduced to 1 000 feet above the highest terrain or obstacle located within 5 nautical miles of the aircraft in flight, the aircraft is flown in accordance with such procedures as the Director may determine. |
[Regulation 91.06.32(3)(b) substituted by regulation 12(d) of Notice No. R. 535, GG 36712, dated 30 July 2013 (Fourth Amendment to the Civil Aviation Regulations, 2013)]
| (4) | The PIC of an aircraft shall, in addition to the requirements of this regulation, comply with any altitude restrictions prescribed for the area or route to be operated within or over. |
