Part 138 (Aerial Work Operations) Manual of Standards 2020

(1) This instrument is the Part 138 (Aerial Work Operations) Manual of Standards 2020.

(2) This instrument may be cited as the Part 138 MOS.

(3) Unless the contrary intention appears, references in this instrument to “the MOS” or “this MOS” are references to the Part 138 MOS.

(4) The Table of Contents at the front of this MOS is not part of this instrument. It is for guidance only and may be modified or edited in any published version of this instrument.

1.02 Commencement

This instrument commences immediately after the commencement of Part 138 of CASR.

Note 1 Part 138 of CASR is contained in the Civil Aviation Safety Amendment (Part138) Regulations 2018 which commences on 2 December 2021.

Note 2 Some provisions have a date of effect which is later than the date of commencement of this MOS — see paragraph 9.05 (c) and subsection 22.06 (1).

1.03 Application

(1) Consistent with subregulations 138.005 (3) and (4) and 138.030 (1), the provisions of this MOS apply only to an operator who is an aerial work certificate holder, unless the provision is expressed to apply to an operator in an aerial work operation whether or not the operator is such a holder.

(2) In this MOS, a provision is taken to be expressed to apply to an operator in an aerial work operation whether or not the operator is an aerial work certificate holder if the provision is expressed to apply to:

(a) an aerial work certificate holder; and

(b) a limited aerial work operator.`

Note See the definitions of a limited aerial work operator and limited aerial work operation in subsection 1.04 (6).

(3) Despite subsections (1) and (2), the definitions in this MOS, and the prescriptions for definitions, apply within this MOS as required by the provisions of this MOS.

1.03A References to instruments and documents

(1) In this MOS, unless a contrary intention appears, a reference to an instrument or any other document (however described) is a reference to the instrument or document, as in force or existing from time to time.

(2) In this MOS, unless a contrary intention appears, a reference to any legislative instrument is a reference to the instrument, as in force from time to time.

(3) In this MOS, unless a contrary intention appears, a reference to a FAR is a reference to the FAR, as in force from time to time.

(4) If a provision of this MOS applies, adopts or incorporates any instrument or other document, then, unless a contrary intention appears, the instrument or other document, is taken to have been applied, adopted or incorporated as in force or existing from time to time.

Note 1 This section applies to an AFM (which includes an AFM Supplement) because it is also a document.

Note 2 A reference to an instrument or other document, which only occurs in a Note to a provision, does not have the effect that the instrument or document is taken to be applied, adopted or incorporated for this MOS, unless a contrary intention appears. Such references in Notes are to documents which may be used as guidance or background information.

1.03B References to ICAO documents

(1) In this MOS, unless a contrary intention appears, a reference to an ICAO document (however described) is a reference to the document, as in force or existing from time to time.

(2) In this MOS, unless a contrary intention appears, a reference to a numbered ICAO Annex is a reference to the Annex of that number, as in force or existing from time to time, and as contained in the Chicago Convention.

(3) In this MOS, unless a contrary intention appears, a reference to a numbered ICAO manual is a reference to the manual of that number, or subsequent version, as in force or existing from time to time and issued by ICAO.

(4) In this MOS, unless a contrary intention appears, a reference to a numbered ICAO circular is a reference to the circular of that number, or subsequent version, as in force or existing from time to time and issued by ICAO.

Note 1 Relevant ICAO documents for this MOS may be accessed by navigating from the following link: http://www.icao.int/publications/Pages/default.aspx.

Note 2 A reference to an ICAO document, including an ICAO Annex, which only occurs in a Note to a provision, does not have the effect that the document is taken to be applied, adopted or incorporated for this MOS, unless a contrary intention appears. Such references in Notes are to documents which may be used as guidance or background information.

1.03C References to AS/NZS standards, TSOs, ETSOs, (E)TSOs

(1) In this MOS, unless a contrary intention appears, a reference to a particular AS/NZS standard is a reference to the particular joint Australian and New Zealand Standard, as in force or existing from time to time.

Note For example, the joint Australian and New Zealand Standard AS/NZS 1754:2004, Child restraint systems for use in motor vehicles.

(2) In this MOS, unless a contrary intention appears, a reference to a particular TSO is a reference to that TSO or a later version of that TSO.

(3) In this MOS, unless a contrary intention appears, a reference to a particular ETSO is a reference to that ETSO or a later version of that ETSO.

(4) In this MOS, unless a contrary intention appears, a reference to a particular (E)TSO is a reference to the relevant ETSO or TSO, or a later version of the relevant ETSO or TSO.

Note 1 The first versions of a TSO may have been issued with or without the notation “(0)” at the end (for example only, citations of TSO-C129 and TSO-129(0) would refer to the same document). Thus, for first version TSOs, either form is an acceptable citation for the other.

Note 2 TSO later versions are identified by an alphabetical letter (for example only, TSO-C129 (or TSO-C129(0) versus TSO-C129a). Unless the contrary intention appears, a reference to (for example only) TSO-C129 (or TSO-C129(0)) means that version or a later version. A reference to TSO-C129a means that version or a later version, but not the earlier version — unless a contrary intention appears.

Division 2 Definitions — general

1.04 Definitions etc.

(1) In this instrument words and phrases have the same meaning as in Part 138 of CASR and in the Civil Aviation Act 1988 unless a contrary intention appears.

(2) In this MOS, unless a contrary intention appears, mention of a provision with the prefix “91.” or “138.” is a reference to that provision in Part 91 or Part 138 of CASR.

(3) In this instrument, a reference to an emergency services operation (an ESO) is a reference to an aerial work operation that is part of an ESO.

(4) In this instrument, unless a contrary intention appears, mention of anything that must be in accordance with procedures (however described) in an operations manual is to be taken as requiring the operations manual to contain the procedures as if they had been prescribed for regulation 138.020.

Note Operations manual procedures may be in the form of procedures, instructions, requirements, specifications, operational criteria, restrictions and similar matters. It is an offence not to comply with relevant operations manual requirements.

(5) In this instrument, a reference to any document that is applied, adopted or incorporated is a reference to the document as it exists or is in force from time to time, unless a contrary intention is expressly stated by the reference being to a specifically dated version of the document.

(6) In this MOS:

aerial work cargo means things (but not persons) carried on an aircraft in an aerial work operation:

(a) that are not carried as an external load operation; and

(b) whose carriage is the purpose of, or required for carrying out the purpose of, the operation.

aerial work certificate holder is the expression that is used in this MOS to denote an aerial work operator.

aerial work operation has the meaning given by regulation 138.010.

aerial work operator has the meaning given by Part 1 of the CASR Dictionary.

Note A aerial work operator is defined in the CASR Dictionary as a person holding an aerial work certificate (an aerial work certificate holder). Only aerial work certificate holders are permitted to carry aerial work passengers as defined in the CASR Dictionary. See also Chapter 2.

aerial work passenger has the meaning given by Part 1 of the CASR Dictionary.

Note An aerial work passenger is a specific subset of the general definition of passenger in the CASR dictionary. Only aerial work passengers may be carried in an aerial work operation and only on an aerial work certificate holder’s aircraft.

aerial work zone, or AWZ, has the meaning given by section 1.05.

AFCS means automatic flight control system.

AFM means aircraft flight manual.

air crew member has the meaning given by Part 1 of the CASR Dictionary.

approved cargo rack means a cargo rack whose fitment and use on a rotorcraft has been approved for the carriage of aerial work cargo by:

(a) an STC for the rotorcraft; or

(b) an approved engineering order under Subpart 21.M of CASR, designed for fitment and use of the cargo rack on the rotorcraft.

ATSO (short for Australian Technical Standard Order) has the meaning given by Part 1 of the CASR Dictionary.

authorised weather forecast has the meaning given by Part 1 of the CASR Dictionary.

automatic flight control system is a system which integrates the functionality of the autopilot, the flight director, the flight management and navigation system and other systems fitted to an aircraft.

avoid area of the HV envelope, for a rotorcraft, means the combinations of altitude and airspeed displayed on the height-velocity diagram in the AFM which have been determined by the OEM as not offering safe autorotational landing capability, or OEI accountability, in the event of engine failure.

AWZ-RA means a risk assessment for an AWZ.

belly hook means a hook that:

(a) is attached to the underside of a rotorcraft in accordance with the AFM; and

(b) if a Class D external load is carried — either:

(i) is certified by its manufacturer for the carriage of such a load; or

(ii) complies with the standard approved in writing by CASA for the carriage of such a load.

Note For example, CASA may approve a standard so that a belly hook may be used for a Class D external load where there is a supplementary type certificate (STC) for a change to the rotorcraft made by someone other than the original equipment manufacturer (OEM).

CAO means Civil Aviation Order.

CAR means the Civil Aviation Regulations 1988.

CASR means the Civil Aviation Safety Regulations 1998.

CASR Dictionary means the Dictionary under regulation 1.004 of CASR.

category of aircraft: see regulation 61.010 of CASR.

Class A external load means a load that is not a person, carried by a rotorcraft in an external load operation (which under this MOS is called a Class A external load operation) that:

(a) is external to the rotorcraft; and

(b) is not carried in an approved cargo rack, or in a sealed receptacle; and

(d) cannot move freely; and

(e) does not extend below the rotorcraft’s landing gear.

Note An example of an operation involving a Class A external load is when a load is carried on a platform from which the load has the potential to fall off if it is not properly secured. See the definition of sealed receptacle which means a belly tank for firefighting, or a cargo pod, basket, bin, or similar thing in which a load can be fully enclosed and sealed.

Class B external load means a load that is not a person, carried by a rotorcraft in an external load operation (which under this MOS is called a Class B external load operation) that is:

(a) external to the rotorcraft; and

(b) jettisonable; and

(d) by using the rotorcraft’s belly hook or winch:

(i) lifted off land or water, or off a structure that is on land or water; and

(ii) carried in flight; and

(iii) set down on land or water, or on a structure that is on land or water.

Note An example of an operation involving a Class B external load is the picking up and carriage, using a sling attached to the belly hook of a rotorcraft, of an air-conditioning unit that is then set down on the roof of a tall building.

Class C external load means a load that is not a person, carried by a rotorcraft in an external load operation (which under this MOS is called a Class C external load operation):

(a) that is external to the rotorcraft; and

(b) that is jettisonable; and

Note An example of an operation involving a Class C external load is powerline stringing.

Class D external load means a load that is a person, carried external to the rotorcraft, by a rotorcraft in an external load operation (which under this MOS is called a Class D external load operation).

Note Examples of operations involving a Class D external load are the following: winching a person on board from land or water; winching a person already aboard onto land or into the water; positioning a person on or at a transmission wire using a fixed line attached to the rotorcraft’s belly hook; carrying a person on a platform; conducting a person’s hover exit from, or entry to, the rotorcraft. The belly hook, winch, hard point, or platform must be approved for the purpose of the lifting, placement or carrying of the person (see for example, subsection 15.06 (4)). Only an aerial work certificate holder may carry out a Class D external load operation — see generally subregulations 138.005 (3) and 138.030 (1).

Class E external load means a load, carried by an aeroplane in an external load operation (which under this MOS is called a Class E external load operation) that is:

(a) external to the aeroplane; and

(b) jettisonable; and

(i) attached to the exterior of the aeroplane; or

(ii) picked up, towed, and released by, the aeroplane.

Note 1 An example of an operation involving a Class E external load is a banner towing operation by an aeroplane.

Note 2 Glider towing is excluded from the definition of aerial work operation by paragraph 138.010 (5) (c). Therefore, a glider that is towed by an aeroplane is not a Class E load.

cloud seeding, for a dispensing operation, means the dropping of approved substances from an aeroplane flying though, or above, cloud formations, for the purpose of causing precipitation from the clouds.

emergency service operation has the meaning given by Part 1 of the CASR Dictionary.

ESO means an aerial work operation that is part of an emergency service operation.

Note Emergency service operation is defined in the CASR Dictionary.

ESO operating site means:

(a) a location on ground or water, on a vessel, or on an offshore facility, at or from which an aircraft lands or takes off for the purposes of an ESO, or for training for an ESO; or

(b) a position in the air at which a rotorcraft hovers for carrying out an aerial work operation as part of an ESO or training for an ESO.

Note ESO operating sites are places where an aerial work objective is actually carried out, for example, a clearing or reserve adjacent to a relevant incident site, on to which, or from which, a rotorcraft lands or takes off, or over which it hovers in an ESO external load operation, for the purpose of facilitating a SAR or police operation. ESO operating sites do not include, for example, an aerodrome that is the operator’s normal base, or a hospital or other location which is served by a purpose-built heliport.

ETSO is short for European Technical Standard Order: see the CASR Dictionary.

(E)TSO, followed by an identifying letter and number, is a shorthand reference to both the TSO and the ETSO, each of which has the same identifying letter and number.

external load means a load that is external to an aircraft.

Note An external load is not cargo.

external load operation has the meaning given by regulation 138.010 (2).

Note 1 An external load operation means carrying or towing a load outside an aircraft in flight and includes training for such an operation.

Note 2 An external load operation is not a cargo transport operation.

FATO means final approach and take-off area, as that expression is defined in the CASR Dictionary.

FCM means a flight crew member.

FD means flight director.

flight director means a system within the AFCS, which overlays the attitude indicator, and whose purpose is to compute and indicate the aircraft attitude required to attain and maintain a preselected flight condition for a particular flight trajectory.

FMS means flight management system, and is an aircraft’s on-board multi‑purpose navigation, performance and aircraft operations computer.

GNSS means the global navigation satellite system.

head of operations, for an aerial work certificate holder, has the same meaning as in subparagraph (b) (ii) of the definition of key personnel in the CASR Dictionary.

HLS means helicopter landing site.

IFR means instrument flight rules.

ISA means international standard atmosphere.

key personnel, for an aerial work certificate holder, has the same meaning as in paragraph (b) of the definition of key personnel in the CASR Dictionary.

Note Refer to the CASR Dictionary. Generally, relevant key personnel are the chief executive officer, the head of operations, the head of training and checking (if required under CASR Part 138), and the safety manager (if required under CASR Part 138).

kind, of an aircraft, has the meaning given by Part 1 of the CASR Dictionary.

limited aerial work operation means an aerial work operation:

(a) that is described in subregulation 138.030 (2); and

(b) for which the operator is not required by subregulation 138.030 (1) to be an aerial work certificate holder.

Note The effect of this definition is that a limited aerial work operation is either or both of the following:

(a) spotting or photography where no remuneration is received by any of the following for the operation:

(i) the pilot;

(ii) for a registered aircraft — the registered operator;

(iii) for an unregistered aircraft — the aircraft owner;

(iv) a person or organisation on whose behalf the operation is conducted;

(b) an operation that is:

(i) for a registered aircraft — conducted over land owned or occupied by the registered operator; and

(ii) otherwise — conducted over land owned or occupied by the aircraft owner; and

(iii) not conducted over a populous area or public gathering; and

(iv) not an external load operation involving the carriage of a person as an external load.

limited aerial work operator means an operator who conducts a limited aerial work operation.

line means a rope, cable, or similar item suitable for use in rappelling.

load, in the expression external load, means anyone or anything that is picked‑up, carried and set-down by an aircraft during an external load operation.

Note A load is not cargo.

LSALT means lowest safe altitude.

MEL means minimum equipment list.

minimum equipment list has the meaning given by Part 1 of the CASR Dictionary.

minimum flight altitude, for a point on the route, or a route segment, of a flight of a rotorcraft, means:

(a) for an IFR flight or a VFR flight at night:

(i) the published LSALT for the route or route segment; or

(ii) if subparagraph (i) does not apply — the LSALT for the route or route segment; or

(b) for a VFR flight at night when not using the LSALT determined under paragraph (a) — 1 000 ft above the highest obstacle on the ground or water within 10 NM ahead of, and to either side of, the aircraft at that point; or

(c) for a VFR flight by day over a populous area — 1 000 ft above the highest feature or obstacle within a horizontal radius of 300 metres of that point on the ground or water immediately below the rotorcraft; or

(d) for a VFR flight by day other than over a populous area — 500 ft above the highest feature or obstacle within a horizontal radius of 300 metres of that point on the ground or water immediately below the rotorcraft.

minimum height means the applicable height under the following regulations:

(a) for a flight over a populous area or a public gathering — regulation 91.265;

(b) for a flight over other than a populous area or a public gathering — regulation 91.267;

(d) for an IFR flight — regulation 91.305.

MOS means Manual of Standards.

MTOW means maximum take-off weight.

MTOW HOGE means maximum take-off weight hover out of ground effect.

navigation system has the same meaning as in the CASR Dictionary.

national aviation authority or NAA has the meaning given by the CASR Dictionary.

NM means nautical miles.

NVIS means night vision imaging system.

NVIS air crew member has the same meaning as in Chapter 12 of this MOS.

NVIS firebombing has the same meaning as in Chapter 12 of this MOS.

NVIS fire mapping has the same meaning as in Chapter 12 of this MOS.

NVIS incendiary dropping has the same meaning as in Chapter 12 of this MOS.

NVIS operation has the same meaning as in Chapter 12 of this MOS.

NVIS pilot has the same meaning as in Chapter 12 of this MOS.

OEI, for a rotorcraft, means one engine inoperative.

OEI accountability, for the flight of a multi-engine rotorcraft, means:

(a) operating in accordance with a performance class of PC2WE or higher performance class as described in the Part 133 MOS; or

(b) during the take-off, take-off and initial climb, en route, and approach and landing and baulked landing, phases of a flight, as applicable, doing all of the following:

(i) operating in accordance with the requirements of the rotorcraft’s AFM Category A performance supplement;

(ii) remaining clear of obstacles;

(iii) using en route performance to fly to a suitable OEI landing area at or above the minimum height for the flight: or

(i) remain clear of obstacles; and

(ii) reach a suitable forced landing area; and

(iii) conduct a landing using the power available in the remaining engine within its operating limits.

OEI accountability, for the flight of a single-engine rotorcraft, means:

(a) operating in accordance with a performance class of PC3 as defined by the Part 133 MOS; or

(b) operating by day in VMC in accordance with the requirements of the rotorcraft’s AFM and with the capability to:

(i) remain clear of obstacles; and

(ii) reach a suitable forced landing area; and

(iii) conduct a forced landing into the area without causing a hazard to persons or property on the ground in the area; or

(c) operating at night in VMC using NVIS and able to comply with the requirements mentioned in paragraph (b) as if they applied.

offshore facility has the same meaning as in the Maritime Transport and Offshore Facilities Act 2003.

offshore surveillance operation means a surveillance operation that is conducted over the sea.

Part 91 MOS has the meaning given by Part 1 of the CASR Dictionary.

Part 121 MOS has the meaning given by Part 1 of the CASR Dictionary.

Part 133 MOS has the meaning given by Part 1 of the CASR Dictionary.

Part 142 operator has the meaning given by Part 1 of the CASR Dictionary.

performance class, or PC, means a class of performance capability of a rotorcraft and has the same meaning as in the Part 133 MOS.

positioning flight means:

(a) a flight of an aircraft to position aerial work cargo, or an aerial work passenger, in order to prepare for and carry out an aerial work operation; and

(b) a flight to reposition or remove aerial work cargo or an aerial work passenger on completion or cancellation of an aerial work operation, or of that part of the operation, to which a positioning flight related.

prescribed single-engine aeroplane has the meaning given by Part 1 of the CASR Dictionary.

PSEA means a prescribed single-engine aeroplane.

Note A single-engine aeroplane is a prescribed single-engine aeroplane if it is of a kind prescribed by the Part 135 MOS for the purposes of subregulation 135.240 (3) of CASR.

radio navigation system means equipment carried on, or installed in, an aircraft for the purpose of navigating the aircraft by reference to the signals emitted by a radio navigation aid.

RAIM means receiver autonomous integrity monitoring for GNSS.

rappelling means any of the following:

(a) a person lowering themselves from an airborne rotorcraft by going down a line hanging from the rotorcraft;

(b) a person being lowered from an airborne rotorcraft by controlled release from the rotorcraft of a line to which the person is securely attached;

(c) a person lowering themselves down a line hanging from an airborne rotorcraft, with descent of the person controlled by a person on the ground;

(d) a person coming down from, or going up to, an airborne rotorcraft by using a flexible ladder hanging from the rotorcraft.

restricted person has the meaning given by Part 1 of the CASR Dictionary.

Note The CASR Dictionary defines a restricted person as one of the following:

(a) a deportee (within the meaning of subsection 5 (1) of the Migration Act 1958);

(b) a removee (within the meaning of subsection 5 (1) of the Migration Act 1958);

(d) a passenger [that is, an aerial work passenger] carried on an aircraft:

(i) on the aircraft because they have been refused entry to a country; or

(ii) whose passport does not include a visa required for entry to the passenger’s destination country.

risk assessor means:

(a) the pilot in command of an aircraft in an aerial work operation; or

(b) another person, mentioned in the operator’s operations manual, who is:

(i) qualified to conduct the type of aerial work operation for which the person prepares a pre-flight assessment; or

(ii) appointed in writing by the operator to prepare risk assessments in accordance with the applicable provisions of Chapter 13.

Note If the risk assessor is not the pilot in command, the operations manual must identify the risk assessor, for example, by name, role or title.

SAR means search and rescue.

Note For related definitions of SAR operation, search, rescue, search and rescue body, see section 1.07.

sea means the waters extending from the coastline of Australia in a seawards direction.

Note Sea includes tidal estuaries but does not include inland rivers, lakes, reservoirs, dams, or other similar bodies of water.

sealed receptacle means a belly tank for firefighting, or a cargo pod, basket, bin or similar thing, that:

(a) is a sealed container within which aerial work cargo, water or fire retardant is fully enclosed; and

(b) is fixed to the exterior of a rotorcraft in accordance with the rotorcraft’s AFM supplement.

significant change has the same meaning as in regulation 138.012.

STC means supplementary type certificate.

standard rate turn means a turn of approximately 3 degrees per second, or 360 degrees in 2 minutes.

suitable forced landing area has the meaning given by section 1.06.

surveillance operation means an operation to look for, identify or monitor a person or thing.

task specialist has the meaning given by regulation 138.015.

time-in-service has the meaning given by Part 1 of the CASR Dictionary.

training endorsement: see the CASR Dictionary.

transition mode capability means the capability, through the AFCS, to do the following:

(a) hover hold at a selected height above the surface;

(b) ground speed hold;

(c) transition down and hover to a waypoint under guidance from the navigation function of the FMS (the navigation computer);

(d) transition down and hover near a target over which the helicopter has flown;

(e) transition up, climb, and capture a cruise height;

(f) capture and track search patterns generated by the navigation computer;

(g) monitor the preselected hover height with the option of automatic correction if the aircraft height drops below the safe minimum height.

TSO is short for Technical Standard Order of the FAA: see the CASR Dictionary.

type has the meaning given by Part 1 of the CASR Dictionary.

vertical reference operation is an external load operation:

(a) in which a rotorcraft picks up, carries and sets down a load; and

(b) during which the pilot, by looking down vertically from the rotorcraft, is able to observe the position of the load.

Note These operations are sometimes colloquially known as “long-lining” — the load at the end of its long-line below the rotorcraft is always within a vertical line of sight to the pilot in the rotorcraft. The pilot must be able to look down and observe the position of the load so that the pilot can alternately scan the load, the flight controls, the instruments and the rotorcraft’s position.

vessel means any on-water craft or structure capable of navigation.

VMC has the meaning given by Part 1 of the CASR Dictionary.

Vmini means instrument flight minimum speed, utilised in complying with minimum speed limit requirements for instrument flight in a rotorcraft.

water rescue operation means:

(a) an external load operation in a rotorcraft to rescue a person from the sea or other water, using rescue equipment attached to an AFM-approved external load attachment point on the rotorcraft, whether or not the attachment hook is certified by its manufacturer for the carriage of a Class D external load; or

(b) training for an operation mentioned in paragraph (a).

(7) In this MOS, without affecting any other requirement of this MOS, any mention of a pilot or a pilot in command for any particular aerial work operation means a pilot who is qualified under Part 61 of CASR to conduct the particular aerial work operation.

Equivalent qualifications required to crew a foreign registered aircraft

(8) If the aircraft for an aerial work operation, or a limited aerial work operation, is a foreign registered aircraft, any reference in this MOS (however formulated):

(a) to a person holding, or being required to hold, a qualification for or under Part 61 for the operation; or

(b) to a person having, or being required to have, any authorisation for or under Part 61 for the operation; or

must be read as a requirement for the person to hold the equivalent qualification, or have the equivalent authorisation, or meet the equivalent requirement, of the NAA of the aircraft’s State of registry, for the equivalent operation.

Division 3 Definitions — AWZ

1.05 Aerial work zone (AWZ)

(1) Subject to subsection (3), an aerial work zone (an AWZ) means the area of land or water:

(a) beneath an aerial work operation in which:

(i) an aircraft is flown below the height, and closer than the distance, specified in paragraph 91.265 (2) (a) or (3) (a); and

(ii) none of the circumstances mentioned in subregulation 91.265 (4) applies; and

(b) within which there are, or are likely to be, one or more of the following:

(i) buildings, other than a building involved in the operation;

(ii) persons, other than persons involved in the operation (participants);

(iii) vehicles or vessels, other than the vehicles or vessels of participants;

(iv) livestock not associated with the operation; and

(i) a collision between the aircraft and a building, or between the aircraft and terrain;

(ii) the falling of any load from the aircraft; and

(d) where, if an event mentioned in paragraph (c) were to occur, there would be a reasonable risk of:

(i) serious injury or death to a person in the area (other than the pilot or a participant); or

(ii) serious damage or injury to a building, vehicle, vessel or livestock in the AWZ (other than a building on which, or from which, a load is to be placed or removed, or the vehicle or vessel of a participant).

Note The fact of an operation occurring above an area may attract persons, some in vehicles or vessels, to enter the area as spectators unless they are properly prohibited. Such an area may then become an AWZ requiring such persons and vehicles or vessels to be properly prohibited from entering.

(2) For this instrument, an area may be an AWZ despite the fact that a person has total control over who may enter, or be in, the area.

Note For example, the presence of contiguous or adjacent buildings not involved in the operation may make an area an AWZ despite the fact that the person for whom the operation is being carried out otherwise has total control over who may enter or be in the area of the building that is involved in the operation.

(3) If an area beneath an aerial work operation is not an AWZ but, in the event of an emergency or a mechanical failure, the reasonably likely trajectory of an aircraft or its external load would be over the area, then the area beneath the aerial work operation is also an AWZ.

Division 4 Definition of suitable forced landing area

1.06 Suitable forced landing area

Area of ground

(1AA) This section only applies to OEI operations.

(1) In this MOS, an area of ground is a suitable forced landing area for a flight of a rotorcraft in an aerial work operation if the rotorcraft could make a forced landing in the area with a reasonable expectation that there would be no injuries to persons in the rotorcraft or on the ground.

Areas of water

(2) In this MOS, an area of water that meets the requirements mentioned in subsection (3) is a suitable forced landing area for a flight of a rotorcraft in an aerial work operation if the rotorcraft:

(a) is equipped with emergency flotation equipment; or

(b) has a type certificate or supplemental type certificate for landing on water.

(3) For subsection (2), and subject to subsection (4), the requirements are the following:

(a) the rotorcraft must be able to ditch in the area of water with a reasonable expectation that there would be no injuries to persons in the rotorcraft or on the water;

(b) there must be a reasonable expectation that persons in the rotorcraft would survive in the area of water for the time that it would take to be rescued;

(i) adjacent to land; or

(ii) adjacent to an offshore installation with search and rescue capabilities; or

(iii) in a location mentioned in the operations manual of an aerial work operator with search and rescue capabilities.

(4) Factors that affect whether there is a reasonable expectation about the matters mentioned in paragraphs (3) (a) and (b) include the following:

(a) the surface condition of the area of water, including the wave height, wind conditions and swell;

(b) the limits of the capability of the rotorcraft’s emergency flotation system to keep the rotorcraft upright and floating in certain sea conditions.

Division 5 Definition of SAR, search, and rescue

Note A medical transport operation does not fall within any of the definitions in this Division, and none of the operations in this Division is a medical transport operation.

1.07 SAR, search and rescue

(1) In this MOS:

rescue operation, or rescue, means an aerial work operation:

(a) that is:

(i) tasked and coordinated by a search and rescue body; or

(ii) self-tasked by an authority mentioned in section 3.03, and coordinated by a search and rescue body; and

(b) the primary purpose of which is to:

(i) retrieve persons who are, or are likely to be, in distress; and

(ii) provide for their initial survival and other needs; and

(iii) deliver them to a place of safety.

SAR operation has the same meaning as search and rescue operation.

search operation, or search, means an aerial work operation:

(a) that is:

(i) tasked and coordinated by a search and rescue body; or

(ii) self-tasked by an authority mentioned in section 3.03, and coordinated by a search and rescue body; and

(b) the primary purpose of which is to locate persons who are, or who are likely to be, lost and in distress.

search and rescue body has the meaning given by Part 1 of the CASR Dictionary.

Note A search and rescue body means any of the following:

(a) a State or Territory police service or the Australian Federal Police;

(b) the Australian Defence Force;

search and rescue operation means an aerial work operation whose primary purpose is a combined search and rescue.

CHAPTER 9 FLIGHT RULES — MINIMUM HEIGHT

Division 1 Preliminary

9.01 Application

Unless it provides otherwise, this Chapter applies to the following operators:

(a) an aerial work certificate holder;

(b) a limited aerial work operator.

9.02 Minimum height rules

(1) For regulation 138.275, the minimum height requirements under regulations 91.265, 91.267, 91.277 and 91.305 do not apply to a pilot in command of an aircraft for a flight involving an aerial work operation if:

(a) the flight occurs in the circumstances described in subregulation 91.265 (4), 91.267 (3), 91.277 (3) or 91.305 (3), as the case requires; or

(b) the applicable requirements prescribed in this Chapter are complied with.

Note 1 In this MOS, references to an aerial work operation include training for the aerial work operation: see regulation 138.010.

Note 2 Regulation 138.275 disapplies regulations 91.265, 91.267, 91.277 and 91.305 if circumstances or requirements relevantly prescribed in this MOS apply to an aircraft or an operation. If the circumstances or requirements prescribed in this MOS do not apply to an aircraft or an operation, then regulations 91.265, 91.267, 91.277 and 91.305 apply to the aircraft and operation.

(2) For a positioning flight, the following minimum height requirements apply until the aerial work operation that the positioning flight facilitates, commences:

(a) for a positioning flight conducted to facilitate an aerial work operation — the minimum height requirements under regulation 91.265, 91.267, 91.277 or 91.305, as the case requires;

(b) for a positioning flight using NVIS and conducted under Chapter 12 of this MOS — the minimum height requirements under regulation 91.265 or 91.267, as the case requires.

Division 2 Close proximity to an object in an area that is not a populous area or a public gathering

9.03 Requirements for aircraft flight in close proximity to an object in an area that is not a populous area or a public gathering

(1) Without affecting any other provision in this Chapter, this section applies to the operator and the pilot in command of an aircraft that is flown in close proximity to an object in an area that is not a populous area or a public gathering.

(2) Regulation 91.267 does not apply to the flight if the requirements in this section are complied with.

(3) A risk assessment must be carried out in accordance with the applicable provisions of Chapter 13.

(4) Subject to subsection (5), if the operation is to be conducted as follows:

(a) below 300 ft above the highest obstacle;

(b) over any point on ground or water vertically below the aircraft that is within 150 m of a person (a relevant person), or of a vessel, a vehicle, or a structure (a relevant thing), or of any livestock, not associated with the operation, likely to be adversely affected by the aircraft’s noise (relevant livestock);

then the operator and the pilot in command must:

(d) consider all comments and objections, whether written or oral, received before the operation commences; and

(e) if any comment or objection is about the safety of relevant persons, or the risks of damage or injury to a relevant thing or relevant livestock:

(i) re-examine the risk assessment for the operation in light of the comment or objection; and

(ii) be satisfied that the risk can be mitigated and the operation can be safely carried out.

Note The operation does not require an AWZ. A relevant comment or objection made to the pilot in command or to any of the operator’s personnel before the operation commences is sufficient for paragraph (d) or (e).

(5) Subsection (4) does not apply to:

(a) an ESO operation the purpose of which is to save any person, vessel, vehicle, structure or livestock, from harm or destruction; or

(b) an operation where:

(i) the operator knows that the relevant thing is unoccupied, and there are no relevant livestock; and

(ii) the operator and the pilot in command each ensure that, when over or in close proximity to the relevant thing, the aircraft is operated in a way and at an altitude such that, in the event of an emergency, the aircraft can avoid endangering any relevant person, relevant thing or relevant livestock, on ground or water.

Division 3 Rotorcraft — IFR flight and VFR flight at night

Note This Division prescribes the requirements for an aerial work operation to descend below the minimum height that might otherwise apply under Part 91 of CASR.

9.04 Requirements for rotorcraft IFR flight, and VFR flight at night, below minimum height

(1) For regulation 138.275, the pilot in command of a rotorcraft may fly below minimum height in an IFR flight, or in a VFR flight at night, only if:

(a) the flight is for an aerial work certificate holder; and

(b) the requirements in subsection (2) are complied with, subject to subsection (3).

(2) For subsection (1), the requirements are the following:

(a) the rotorcraft must be operated in VMC;

(b) before descent, the pilot in command must have received confirmation that the area in which the rotorcraft is to operate is clear of obstructions and obstacles which may endanger the rotorcraft;

(c) if meteorological conditions below minimum height become less than VMC, then the rotorcraft must immediately commence a climb to resume operations above the minimum height;

(d) at an ESO operating site:

(i) the rotorcraft operator must ensure that risk assessment and management procedures for such operations are contained in the operations manual; and

(ii) the operator and the pilot in command must each ensure that the procedures are followed for the operation;

(e) subject to paragraph (f), only essential crew members may be carried;

(f) an aerial work passenger may be carried but only:

(i) if the operation is an ESO; or

(ii) in accordance with Chapter 11;

(g) the flight below minimum height must:

(i) be essential for conducting the aerial work operation; and

(ii) be planned to minimise the time the rotorcraft is unable to achieve a suitable forced landing, or safe continuation of flight, if an engine failure occurs; and

(iii) not create a hazard for third parties not involved in the operation;

(h) for night operations — the flight must be conducted in accordance with the requirements for an NVIS operation;

(i) if the rotorcraft is a single-engine rotorcraft operated at night, the requirements in section 9.05 must be met if suitable forced landing areas are not available for the entire time the rotorcraft is operating below the minimum height.

(3) Paragraphs (2) (h) and (i) do not apply to a task specialist operation:

(a) that is below minimum height; and

(b) that is for the purpose of protecting agricultural crops from frost; and

9.05 When no suitable forced landing area is available

Note Various sections of this MOS call up this section. This section is for each of the following provisions of this MOS, but subject to the terms of the provision. The descriptions in brackets are for guidance only:

(a) paragraph 9.04 (2) (i) (flight below minimum IFR, and NVFR, height); and

(b) sub-subparagraph 9.23 (7) (a) (iii) (A) (flight over a populous area or public gathering); and

(d) subparagraph 15.06 (2) (c) (i) (but only the requirements in paragraphs 9.05 (b), (c), (d) and (e) apply) (winching for other than an ESO, by day under the VFR); and

(e) subparagraph 15.06 (2) (d) (i) (but only the requirements in paragraphs 9.05 (b), (c), (d) and (e) apply) (winching, by day under the VFR for an ESO); and

(f) sub-subparagraph 15.06 (3) (e) (i) (A) (but only the requirements in paragraphs 9.05 (b), (c), (d) and (e)) (class D external load operations using a belly hook).

The requirements are as follows:

(a) the operator must hold a CASA approval under regulation 138.025 for the operation;

(b) the rotorcraft must be a turbine-engine powered rotorcraft;

(c) with effect from the beginning of 2 December 2023 — for paragraph 9.04 (2) (i) and sub-subparagraph 9.23 (7) (a) (iii) (A):

(i) the rotorcraft must be fitted with a usage monitoring system; and

(ii) the operator must download and use the data from the usage monitoring system to ensure the rotorcraft is operated within its limitations;

Note 1 It is recommended that rotorcraft be fitted with a usage monitoring system sooner, where this is feasible.

Note 2 For the requirements relating to operative and inoperative equipment — see section 22.05. For the technical requirements for a usage monitoring system — see section 22.06.

(d) if a rotorcraft:

(i) requires hydraulic assistance for flight control in any phase or configuration of flight; and

(ii) in the event of failure of the hydraulic system or its power supply in the flight phase or configuration — cannot be controlled manually by the pilot in command;

the rotorcraft must have dual redundancy in the hydraulic system and its power supply;

(e) the rotorcraft must be fitted with a secondary or redundant means of controlling the fuel flow to the engine should the primary means fail;

Note The reference in paragraph (e) to a rotorcraft that must be fitted with a “secondary or redundant means” has the effect of including a rotorcraft whose flight manual indicates that the throttle may be used to attempt to control engine RPM during emergencies such as a governor failure.

(f) subject to paragraph (g), only essential FCMs, air crew members and task specialists may be carried on the flight;

(g) an aerial work passenger may only be carried in accordance with be paragraph 9.04 (2) (f) and Chapter 11;

(h) the operation must be planned to minimise the time the rotorcraft is unable to achieve a suitable forced landing, or safe continuation of flight, if an engine failure occurs.

Division 4 Aircraft IFR flight below minimum height over the sea

9.06 Requirements for aircraft IFR flight below minimum height in IMC or at night over the sea

(1) This Division applies to the pilot in command of an aircraft in an operation only if:

(a) the operation is for an aerial work certificate holder; and

(b) the flight is an IFR flight below minimum height, in IMC or at night, over the sea (the flight); and

(c) the flight is not a search or rescue operation involving an auto-hover using transition mode capability over the sea.

Note 1 The requirements in Chapter 15, particularly section 15.07 for night external load operations, apply to the operation.

Note 2 A rescue operation is the actual rescue component of a SAR operation. A SAR recovery operation involving an auto-hover using transition mode capability over the sea falls under Division 5 of this Chapter.

Note 3 Division 5 provides for specific auto-hover SAR manoeuvres which use a complex descent and positioning capability over the sea to position a rotorcraft for an auto-hover and winch recovery operation in IMC or where pilot reference to outside objects is not possible. On the other hand, once a rotorcraft has met the visibility and minimum altitude requirements of sections 9.12 and 9.13, the auto-hover function of the rotorcraft’s AFCS may be used for positioning the rotorcraft over the sea in the rescue component of a SAR recovery operation under subsection 9.13 (2), provided the rotorcraft has the required capability and equipment in accordance with the AFM, and the pilot in command considers the descent is safe.

(2) Regulation 91.305 does not apply to the flight if the following requirements are complied with:

Note Regulations 91.265, 91.267, and 91.277 continue to apply but, subject to section 9.13 for regulation 91.267, would have no practical application.

(a) the flight below minimum height must be an IFR flight for surveillance or SAR, and involve flight along a route, or a route segment, over the sea;

(b) the flight must be conducted by an aerial work certificate holder;

9.07 Distance and obstacle requirements etc.

(1) The flight must not commence its descent below minimum height unless the pilot in command has determined that the following are not within the area that is 20 NM ahead along track and 5 NM either side of track:

(a) the Australian mainland or Tasmania;

(b) any obstacle having a height greater than 300 ft above sea level.

(2) For a flight below minimum height at night — the flight must be at least 5 NM from the following:

(a) the Australian mainland or Tasmania;

(b) any obstacle having a height greater than 300 ft above sea level.

(3) A distance mentioned in subsection (1) or (2) must be in addition to any tolerances that must be applied to the following:

(a) the navigation equipment fitted to the aircraft that is used to establish the position of the aircraft;

(b) the techniques used to determine the position of the aircraft before descent from minimum height.

(4) Before descent below minimum height — the pilot in command must:

(a) establish the position of the aircraft; and

(b) ensure that the aircraft will remain clear of obstacles in accordance with this section.

Note The operator’s pre-low flying procedures, as set out in the operations manual, must be followed.

9.08 Crew requirements

(1) For a flight at night, the pilot in command must have:

(a) a minimum of 10 hours’ experience as pilot in command or pilot in command under supervision (PICUS), in night surveillance or night search operations; and

(b) conducted a night surveillance, or night search operation, or a training or recency flight for night surveillance or night search operations, as pilot in command or PICUS within the 60 days before the operation.

(2) The minimum crew must be the greater of:

(a) the crew specified in the AFM for the operation; or

(b) the crew specified in subsection (3).

(3) For paragraph (2) (b), the specified crew are:

(a) for an aeroplane — 2 pilots, or 1 pilot with 1 radar observer who meets the training and proficiency requirements set out in the operator’s operations manual for an air crew member to be a radar observer; or

(b) for a rotorcraft — 2 pilots, except if dual 4-axis autopilots are fitted then 1 pilot, and 1 trained air crew member in the co-pilot seat.

9.09 Persons who may be carried during the flight

Only the following may be carried during the flight:

(a) the FCMs, the air crew members and the task specialists required for the operation;

(b) a person under training to qualify as an FCM, an air crew member, or a task specialist;

(c) an aerial work passenger described in section 2.02, provided the aerial work passenger is carried in accordance with this Chapter and Chapter 11.

9.10 Flight below 1 500 ft in IMC or at night

For a flight below 1 500 ft above sea level in IMC or at night, the following requirements must be complied with:

(a) turns must be limited to the lesser of the following:

(i) 25 degrees angle of bank;

(ii) a standard rate turn;

(iii) the radio altimeter unlock angle;

(b) maximum rate of descent must be no greater than 500 ft per minute;

(i) it must be a PSEA or a multi-engine aeroplane; and

(ii) its minimum airspeed must be 1.3 Vs for the aeroplane configuration; and

(iii) its flap setting must be no greater than that recommended for take-off or manoeuvring; and

(iv) it must, if it is a multi-engine aeroplane, be capable, with OEI, and while complying with the requirements of Part 91 of CASR:

(A) of climbing to the minimum height required under regulation 91.265, 91.267, 91.277 or 91.305, as applicable for the flight; and

(B) thereafter, of flying to a suitable aerodrome for landing;

(d) for a rotorcraft:

(i) except when complying with sections 9.04, 9.12 and 9.13 — the rotorcraft’s minimum airspeed must be not less than whichever of the following is the greatest:

(A) Vmini;

(B) Vy for the rotorcraft;

(ii) except when operating at an ESO operating site — the rotorcraft must be a multi-engine rotorcraft operated with OEI accountability during the operation.

9.11 Radar and instruments

(1) An aircraft must be fitted with the following equipment:

(a) a radar that has a ground-mapping function;

(b) a radio altimeter;

(2) Operations must not be commenced, or if commenced must be discontinued immediately, if:

(a) any of the equipment required for the operation fails or has failed; or

Note For equipment requirements, see Subpart 138.K, and Part 91, of CASR.

(b) the equipment mentioned in subsection (1) fails or has failed; or

(d) there is a RAIM loss.

9.12 Visibility

(1) Operations must not be conducted unless visibility:

(a) at 1 000 ft above sea level — for aeroplanes; or

(b) at 700 ft above sea level — for rotorcraft;

meets the VMC criteria for:

(d) the class of airspace within which the aircraft is operating during the operation.

(2) For an operation in cloud below minimum height the requirements are as follows:

(a) the minimum descent altitude to obtain visual reference below cloud must not be less than 1 000 ft above sea level for aeroplanes, or 700 ft above sea level for rotorcraft, derived from the aircraft radio altimeter;

(b) if:

(i) visibility prescribed in subsection (1) is not obtained; or

(ii) visibility below cloud is reduced to less than that required under subsection (1);

then the pilot in command must immediately return the aircraft to at least minimum height.

(3) After visual investigation of a target or search area, the aircraft must immediately initiate a climb to at least minimum height, unless section 9.13 applies.

9.13 Minimum altitude

(1) Subject to subsection (2), the minimum altitude must be not lower than 500 ft, derived from the aircraft radio altimeter.

(2) A rotorcraft may descend below 500 ft, by day only, to identify a person or object, or to rescue a person, if the following requirements are met:

(a) at least the minimum visibility to maintain VMC is available below cloud;

(b) the location of the person or object has been pinpointed or confirmed;

(c) the rotorcraft has, in accordance with its AFM, the performance capability and the equipment required to descend and conduct the rescue operation;

(d) the descent is in accordance with the requirements of section 9.04;

(e) the pilot in command considers that the descent is safe.

(3) For subsections (1) and (2), regulation 91.267 do not apply.

Note The requirements in Chapter 15 for night external load operations apply to the operation.

Division 5 Rotorcraft IFR flight that is a SAR operation involving an auto-hover using transition mode capability over the sea

9.14 Requirements for rotorcraft IFR flight involving an ESO SAR auto‑hover using transition mode capability over the sea

(1) This Division applies only to the pilot in command of a rotorcraft of an aerial work certificate holder in an IFR flight:

(a) that is an ESO SAR operation involving an auto-hover using transition mode capability over the sea (the flight); and

(b) for which none of the following is available:

(i) VMC;

(ii) reference to external objects that are adequately illuminated by ground;

(iii) celestial lighting.

Note Auto-hover using transition mode capability SAR descent procedures may be used in VMC if the pilot in command considers that this is the most suitable descent profile for the operation or for training in the conduct of such operations.

(2) Regulations 91.267, 91.277 and 91.305 do not apply to the flight if the requirements mentioned in this section are met.

Note Regulation 91.265 continues to apply but would have no practical application.

(3) The flight must be conducted by an aerial work certificate holder.

(3A) The flight may be conducted using NVIS in accordance with Chapter 12 of this MOS.

Note See also the definition of NVIS operation and subsection 12.11 (5).

(4) The flight must comply with the other requirements set out in this Division.

9.15 Operating crew

The operating crew for the flight must:

(a) consist of 2 pilots qualified for IFR flight in accordance with Part 61 of CASR, and at least 1 air crew member; and

Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.

(b) be individually equipped with lifesaving and survival equipment applicable to the environment of the operation.

Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.

9.16 Rotorcraft requirements

(1) The flight must be in a rotorcraft that complies with the requirements in this section.

(2) The rotorcraft must be a multi-engine rotorcraft operated at a weight which allows OEI accountability.

(3) The rotorcraft must have auto-hover capability including:

(a) dual 4-axis autopilots with auto-hover capability and transition mode capability; and

Note 1 See section 1.04 for the definition of transition mode capability.

Note 2 For the requirements relating to operative and inoperative equipment — see section 22.05.

(b) a flight director system coupled to the autopilot that responds to instructions from a qualified air crew member.

(4) Except when operating at an ESO operating site — the rotorcraft must be a multi-engine rotorcraft operated with OEI accountability during the operation.

9.17 The flight and obstacles

The flight must be carried out at a distance from obstacles, as authorised by the approved procedures in the operator’s operations manual.

9.18 Weather may determine the persons who may be carried

If an authorised weather forecast for the flight is for conditions during the flight to be:

(a) less than VMC; or

(b) likely to become less than VMC;

then only the following persons may be carried on the rotorcraft:

(d) qualified task specialists;

(e) a person rescued in the course of an ESO.

9.19 Requirements for descent

(1) During the flight, descent from minimum flight altitude in the search and rescue area may only begin following a position fix using the aircraft’s GNSS-based FMS.

(2) Before, and in the course of, descent from minimum flight altitude to search height, the pilot in command of the rotorcraft must ensure the letdown track remains clear of obstacles and radar contacts by a minimum radar range of 5 NM.

(3) For recovery of a person from water, the minimum height above water:

(a) at which a rotorcraft may be flown in a search area before descent and engagement of auto-hover for the recovery — is 200 ft (as derived from a radio altimeter); and

Note This minimum height is sometimes called the “low search height”.

(b) for the auto-hovering — is 50 ft; and

9.20 Use of the automatic flight control system (AFCS)

(1) Unless the AFM provides otherwise, the flight must use the rotorcraft’s AFCS.

Note Some emergency procedures may require disengaging the AFCS to avoid the pilot having to override it to achieve the desired outcome. If disengaged for this reason, the AFCS is normally re-engaged after the new flight profile is set.

(2) The AFCS must be able to implement all procedures initiated by the pilot flying that are necessary for the successful completion of the operation (including go‑around and discontinuance where necessary).

(3) The flight must be discontinued immediately if there is a malfunction in the AFCS, unless the AFM permits the continued use of the auto-hover with transition mode capability despite the malfunction.

9.21 Use of the flight director (FD)

(1) The flight must use the rotorcraft’s FD.

(2) The active FD must be on the side of the pilot flying the rotorcraft.

(3) FD commands displayed to the non-flying pilot must be those selected by the pilot flying.

Division 6 Aircraft flight over populous areas and public gatherings

9.22 Requirements for aeroplane flight over populous areas or public gatherings

(1) This section applies to the pilot in command of an aeroplane that is flown over a populous area or a public gathering, if:

(a) the aeroplane is flown below the height, and closer than the distance, specified in paragraph 91.265 (2) (a); and

(b) none of the circumstances mentioned in subregulation 91.265 (4) applies.

(2) Regulation 91.265 does not apply to the flight if the requirements in this section are complied with.

(3) The flight must be an aerial work operation in an AWZ.

(4) The flight must be conducted by an aerial work certificate holder.

(5) Unless the flight is an ESO, there must be a risk assessment and an AWZ-RA in accordance with the applicable provisions of Chapter 13.

(6) The flight must be:

(a) in a PSEA; or

(b) in a multi-engine aeroplane that, with OEI, is capable, while complying with the requirements of Part 91 of CASR:

(i) of climbing to the minimum height required under regulation 91.265, 91.267, 91.277 or 91.305, as applicable for the flight; and

(ii) thereafter, of flying to a suitable aerodrome for landing.

9.23 Requirements for rotorcraft flight over populous areas or public gatherings

(1) This section applies to the pilot in command of a rotorcraft that is flown over a populous area or a public gathering, if:

(a) the rotorcraft is flown below the height, and closer than the distance, specified in paragraph 91.265 (3) (a); and

(b) none of the circumstances mentioned in subregulation 91.265 (4) applies.

Note An external load operation must not be conducted over a populous area or a public gathering without the written permission of CASA. See also section 15.09.

(2) Regulation 91.265 does not apply to the flight if the requirements in this section are complied with.

(3) The flight must be an aerial work operation in an AWZ.

(4) The flight must be conducted by an aerial work certificate holder.

(5) Unless the flight is an ESO, there must be a risk assessment and an AWZ-RA in accordance with the applicable provisions of Chapter 13.

(6) The flight must be conducted in VMC and, if the operation is conducted at night, the pilot in command must use, and be qualified to use, an NVIS.

(7) The rotorcraft must be operated:

(a) with OEI accountability but only:

(i) if multi-engine — with at least en route OEI stay-up performance capability; or

(ii) if single-engine — with available suitable forced landing areas at all stages of the flight below the minimum height; or

(iii) if single-engine without available suitable forced landing areas at all stages of the flight below the minimum height — with:

(A) the requirements of section 9.05 met; and

(B) the rotorcraft operated so that it will not create a hazard to persons or property on ground or water in the event of an engine failure or other emergency; or

(b) if the flight is an external load operation in an AWZ and the rotorcraft cannot be operated with OEI accountability — only over such parts of the AWZ where an area is available which, if used for a forced landing, will not create a hazard to persons or property not directly involved in the operation.

CHAPTER 11 CARRIAGE OF AERIAL WORK PASSENGERS OR AERIAL WORK CARGO

11.01 Application

(1) This Chapter applies only to an aerial work certificate holder.

Note Only an aerial work certificate holder may carry aerial work passengers.

11.02 Carriage of 1 to 9 aerial work passengers in IFR flights

(1) For subparagraph 138.305 (2) (c) (iv), 1 to 9 aerial work passengers may be carried in an IFR flight, but only if the aircraft is:

(a) a multi-engine aeroplane; or

(b) a PSEA — except that if 4 or more aerial work passengers are being carried, only a PSEA that is operated in accordance with the operator’s operations manual procedures for suitable routes and forced landing areas for a PSEA; or

Note See section 7.03.

(2) For paragraph (1) (c), a multi-engine rotorcraft need not be operated with OEI accountability if the rotorcraft is operated in an ESO, or in training for an ESO, and paragraphs (a) and (c), or (b) and (c), below, apply:

(a) it is landing at, or taking off from, an ESO operating site outside an AWZ; and

(b) it is being operated, at an ESO operating site, in accordance with the operator’s operational risk assessment process under Chapter 13 for a Class D external load (that is, a person being rescued or the insertion or extraction of emergency service personnel); and

(c) when it departs from the ESO operating site it is able, from 300 ft above the site, to do the following until it reaches the minimum flight altitude for a point on the route for the flight:

(i) be operated at a weight at which the rate of climb with one engine inoperative would be at least 150 ft per minute at a height of 1 000 ft above the departure ESO operating site for the flight;

(ii) clear any obstacles in the flight path.

11.03 Carriage of 1 or 2 aerial work passengers in VFR flights at night

(1) For subparagraph 138.305 (2) (c) (iv), up to 2 aerial work passengers may be carried in an VFR flight at night, but only if the aircraft is:

(a) a multi-engine aeroplane; or

(b) a PSEA; or

Note See section 7.03.

(i) the rotorcraft is operated over an area where there is substantial ground lighting; and

(ii) attitude can be maintained, and the availability of suitable forced landing areas can be ascertained, by the use of visual external surface cues as a result of the substantial ground lighting; or

(d) a single-engine rotorcraft but only if:

(i) the flight is conducted in accordance with the requirements for an NVIS operation; and

(iii) when over water:

(A) the operation occurs within 10 NM of the coast; and

(B) the rotorcraft is equipped with an approved rotorcraft floatation system; and

(iv) either:

(A) one or more suitable forced landing areas are available and usable by the rotorcraft at all stages of the flight; or

Note A suitable forced landing area is considered available if the flight crew: (a) can see it using natural vision and available lighting, or using their NVIS; and (b) can safely reach it from the rotorcraft’s current position in the flight.

(B) the operator, the pilot and the rotorcraft meet each applicable requirement mentioned in section 9.05; or

(e) subject to subsection (2), a multi-engine rotorcraft operated with OEI accountability.

(2) For paragraph (1) (e), the multi-engine rotorcraft need not be operated with OEI accountability if the rotorcraft is operated in an ESO, or in training for an ESO, and paragraphs (a) and (c), or (b) and (c), below, apply:

(a) it is landing at, or taking off from, an ESO operating site outside an AWZ;

(c) when it departs from the ESO operating site it is able, from 300 ft above the site, to do the following until it reaches the minimum flight altitude for a point on the route for the flight:

(i) be operated at a weight at which the rate of climb with one engine inoperative would be at least 150 ft per minute at a height of 1 000 ft above the departure ESO operating site for the flight;

(ii) clear any obstacles in the flight path.

11.04 Carriage of 3 to 9 aerial work passengers in VFR flights at night

(1) Subject to subsection (3), for subparagraph 138.305 (2) (c) (iv), 3 to 9 aerial work passengers may be carried in an VFR flight at night, but only if the aircraft is:

(a) a multi-engine aeroplane; or

(b) a PSEA — except that if 4 or more aerial work passengers are being carried, only a PSEA that is operated in accordance with the operator’s operations manual procedures for a PSEA; or

Note See section 7.03.

(c) subject to subsection (2) — a multi-engine rotorcraft equipped for flight under the IFR and operated with OEI accountability; or

(d) subject to subsection (2) — a multi-engine rotorcraft:

(i) equipped for and using NVIS flight, with an NVIS qualified flight crew and an operator approved for NVIS operations; and

(ii) operated with OEI accountability.

(2) For paragraphs (1) (c) and (d), the multi-engine rotorcraft need not be operated with OEI accountability if the rotorcraft is operated in an ESO, or in training for an ESO, and paragraphs (a) and (c), or (b) and (c) apply:

(a) it is landing at, or taking off from, an ESO operating site outside an AWZ; and

(b) it is being operated at an ESO operating site in accordance with the operator’s operational risk assessment process under Chapter 13 for a Class D external load (that is, a person being rescued or the insertion or extraction of emergency service personnel); and

(c) when it departs from the ESO operating site it is able, from 300 ft above the site, to do the following until it reaches the minimum flight altitude for a point on the route for the flight:

(i) be operated at a weight at which the rate of climb with one engine inoperative would be at least 150 ft per minute at a height of 1 000 ft above the departure ESO operating site for the flight;

(ii) clear any obstacles in the flight path.

(3) For an aeroplane mentioned in subsection (1):

(a) if the aeroplane has a MTOW that is less than 5 700 kg — a pilot assigned by the operator for the flight must be authorised under Part 61 of CASR to conduct an IFR flight; and

(b) if the aeroplane has a MTOW that is 5 700 kg or more — each pilot for the flight must be authorised under Part 61 to conduct an IFR flight.

Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.

11.05 Carriage of 10 or more aerial work passengers

For subparagraph 138.305 (2) (c) (iv), 10 or more aerial work passengers may be carried in an aerial work operation, but only if:

(a) for an IFR flight, a VFR flight at night, or an operation over water — the aircraft is a multi-engine aircraft, type certificated in the transport category; and

(b) for a day VFR operation — the aircraft’s certificate of airworthiness, or authorisation (however described) issued by the NAA of a Contracting State that is equivalent to a certificate of airworthiness, must state that the certificate or authorisation (as the case requires) is issued in the transport category; and

Note The aircraft’s certificate of airworthiness would state that the certificate is issued in the transport category.

(c) the total number of aerial work passengers on board the aircraft does not exceed a passenger limitation specified in the AFM; and

(d) any aerial work passenger in excess of 9 may only be a person who has been rescued in the course of an ESO.

11.06 Requirements for aerial work passengers

(1) Subject to subsection (2), for subregulation 138.305 (2) (c) (iv), a person may be carried on a flight as an aerial work passenger if the person is a member of a class of persons mentioned in section 2.02.

(2) Subsection (1) applies only if the aerial work certificate holder has procedures in the operations manual:

(a) to ensure that the flight:

(i) is conducted in accordance with the requirements of this MOS (as applicable); and

(ii) does not contravene regulations 91.265, 91.267, 91.277 and 91.305, as and when they apply to the flight; and

Note Regulations 91.265, 91.267, 91.277 and 91.305 are minimum height regulations. However, under Chapter 9 of the MOS, they do not apply for certain flights if the Chapter 9 flight conditions are complied with. This is the context for the expression “as and when [those minimum height regulations] apply to the flight”.

(b) that describe how the requirements of regulation 91.565 will be complied with by the pilot in command of the flight; and

11.07 Carriage of 1 or more aerial work passengers over water

(1) For subparagraph 138.305 (2) (c) (iv), for any stage of a rotorcraft flight with passengers that is conducted over water, 1 or more suitable forced landing areas must be available and usable by the rotorcraft.

(2) For subsection (1), an area of water is a suitable forced landing area only if subsections 1.06 (2), (3) and (4) of this MOS are satisfied.

(3) Subsection (1) does not apply to a multi-engine rotorcraft if the rotorcraft:

(a) is operated in accordance with paragraphs (b) and (c) of the definition of OEI accountability for the flight of a multi-engine rotorcraft; and

(b) after the failure of an engine, is:

(i) able to continue to fly OEI to a suitable forced landing area available and usable on land; or

(ii) able to safely land and shut down on a vessel to which the rotorcraft has been operating.

(4) Subsection (1) does not apply to a rotorcraft conducting the phase of a flight that is an ESO operation at an ESO operating site.

CHAPTER 12 NIGHT VISION IMAGING SYSTEMS

Division 1 Purpose, application and definitions

12.01 Purpose

For subregulation 138.350 (3), this Chapter prescribes requirements relating to an NVIS flight.

12.02 Application

(1) This Chapter applies to an aerial work certificate holder.

(2) This Chapter applies in relation to the use of NVIS by a flight crew member of an aerial work certificate holder in an NVIS flight.

(3) This Chapter does not apply in relation to the use of NVIS, on an NVIS flight for an aerial work certificate holder, by a person who is not a flight crew member, unless the person is involved in air navigation or terrain avoidance functions.

Note 1 Regulation 138.350, which empowers this MOS Chapter, does not apply to limited aerial work operators. Therefore, nothing in this Chapter applies to limited aerial work operators. However, regulation 91.085, and therefore Chapter 3 of the Part 91 MOS, does apply to a limited aerial work operator and contains the operational NVIS rules for such an operator.

Note 2 For NVIS equipment requirements: see Division 26.17 of the Part 91 MOS.

12.03 Definitions

(1) In this Chapter:

HLS means helicopter landing site.

HLS-NVIS basic means an HLS that does not conform to the requirement of an HLS‑NVIS standard.

HLS-NVIS standard has the meaning given by section 12.05.

IFR capable, for an aircraft, describes a circumstance in which the aircraft is:

(a) equipped for IFR flight in accordance with the regulations; and

(b) operated by a crew, each member of which meets the relevant requirements for IFR flight under Part 61 of CASR.

Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.

NVFR capable, for an aircraft, describes a circumstance in which the aircraft is:

(a) equipped for flight in night VMC in accordance with the regulations; and

(b) operated by a crew, each member of which meets the relevant requirements for NVFR flight under Part 61 of CASR.

Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.

NVIS air crew member, for a particular NVIS operation, means an air crew member:

(a) of an NVIS operator who holds an aerial work certificate for the NVIS operation; and

(b) who is qualified (however described) to carry out the person’s assigned functions as an air crew member for the operation in accordance with this Chapter.

NVIS crew member means an NVIS pilot or an NVIS air crew member.

NVIS endorsement means an endorsement mentioned in column 2 of item 1 or item 2 in Table 61.1025 of CASR.

NVIS firebombing means an NVIS operation, in an operational area for a fire, to fight the fire using water, fire retardant, or a similar substance, that is dropped from an aircraft equipped with a belly tank.

NVIS fire mapping means an NVIS operation, in an operational area for a fire, involving the carriage of one or more persons to map, locate or observe fires, or to control or direct firefighting operations.

NVIS flight has the meaning given by the CASR Dictionary.

Note NVIS flight means a flight conducted using a night vision imaging system.

NVIS incendiary dropping means an NVIS operation, in an operational area for a fire, to fight the fire using incendiaries for controlled burning that are dropped from an aircraft by means of an incendiary dropping device.

NVIS operation means an NVIS flight that is an aerial work operation conducted by an aerial work operator.

Note An aerial work operator is the holder of an aerial work certificate.

NVIS operator means an aerial work certificate holder for an NVIS operation.

NVIS pilot, for an NVIS operation, means a pilot who holds each of the licences, ratings, and endorsements required for NVIS flight by Part 61 of CASR.

Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements. For foreign jurisdictions which do not issue or grant licenses, ratings, or endorsements for NVIS flight, equivalency may arise if the pilot has been authorised by the aircraft’s State of registry to pilot the aircraft in NVIS flight.

NVIS rating means a rating mentioned in column 2 of item 4 in Table 61.375 of CASR.

operator has the meaning given by the CASR Dictionary.

Note Operator, of an aircraft, means:

(a) if the operation of the aircraft is authorised by an AOC, a Part 141 certificate or an aerial work certificate — the holder of the AOC or the certificate; or

(b) otherwise — the person, organisation or enterprise engaged in aircraft operations involving the aircraft.

safety area means an area:

(a) that is free of obstacles, other than those:

(i) with a height not exceeding 25 cm above the surface level of the area; or

(ii) that are required for air navigation purposes; and

Note Obstacles required for air navigation include, for example, a wind direction indicator.

(b) whose purpose is to reduce the risk of damage to an aircraft accidentally diverging from the load-bearing area primarily intended for landing or take-off.

Note The safety area does not need to be a solid surface. For example, a perforated metal deck may constitute part, or all, of a safety area.

used, using or uses, in relation to the use of NVIS, means used for safe air navigation by means of visual surface reference external to the aircraft conducting the operation.

(2) Subject to subsection (1), in this instrument words and phrases have the same meaning as in CASR.

Division 2 — Requirements for NVIS operations

12.04 General HLS-NVIS requirements

An aircraft in an NVIS operation may only take off from and land on:

(a) an HLS-NVIS standard; or

(b) subject to section 12.06 — an HLS-NVIS basic.

12.05 HLS-NVIS standard

(1) Subject to subsection (2), an HLS-NVIS standard is an HLS that meets all of the following requirements:

(a) the FATO must at least:

(i) be capable of enclosing a circle with a diameter equal to one and a half times the D-Value (1.5 x D) of the rotorcraft; and

(ii) be free of obstacles likely to interfere with the manoeuvring of the rotorcraft; and

(iii) incorporate a safety area of 0.25 x D, or 3 m around the FATO, whichever is larger;

(b) a TLOF must be at least:

(i) a cleared and, as far as practicable, stable area capable of bearing the dynamic loads which may be imposed by the rotorcraft; and

(ii) an area of 0.83 x D.

(2) An HLS-NVIS standard for a particular NVIS operation also includes an HLS that meets the FATO and TLOF criteria determined by the NVIS operator through a risk assessment, provided that the FATO and the TLOF so determined will deliver a level of safety that is at least equivalent to that which would otherwise arise from compliance with paragraphs (1) (a) and (b).

12.06 HLS-NVIS basic

A rotorcraft for an NVIS operation may land on or take off from an HLS-NVIS basic but only if the NVIS crew consists of:

(a) at least 2 NVIS pilots; or

(b) 1 NVIS pilot and at least 1 NVIS air crew member; or

(c) 1 NVIS pilot, but only if the operation is conducted by an NVIS operator who holds a CASA approval under subregulation 138.025 (1) that is based on the operator’s detailed risk assessment.

12.07 No formation flights

The pilot in command of an aircraft for an NVIS operation must not engage in formation flight with another aircraft.

12.08 Alternate aerodrome lighting requirements

(1) Subject to subsection (2), if an NVIS flight is conducted to a planned destination aerodrome that does not have runway or HLS lighting, then the pilot must nominate a destination alternate aerodrome with lighting for the runway or HLS.

(2) Subsection (1) does not apply to an NVIS operation that is conducted by:

(a) at least 2 NVIS pilots; or

(b) 1 NVIS pilot and at least 1 NVIS air crew member.

12.09 Aircraft lighting requirements

If, in an NVIS operation, the optimum performance of the NVIS is affected, or is likely to be affected, by the aircraft’s exterior lighting, the pilot in command must:

(a) if satisfied that there is no risk of collision with another aircraft — turn off the exterior lighting; or

(b) if satisfied that there is such a risk — immediately cease the NVIS operation.

Note 1 On ceasing the relevant NVIS operation, the pilot in command, if at a lower altitude, must immediately climb to at least the minimum altitude for a VFR flight at night, or an IFR flight, conducted without the use of NVIS.

Note 2 Section 12.09 applies despite subsection 26.24 (2) of the Part 91 MOS which is disapplied by subsection 26.24 (3) of the Part 91 MOS.

12.10 Requirements related to NVIS crew members

Note Section 9.04 in Division 3 of Chapter 9 of this MOS outlines the requirements for helicopter IFR flight and VFR flight at night below the minimum height.

(1) During an NVIS operation, subject to subsections (6) and (7), NVIS must be used by each NVIS pilot and each NVIS air crew member who is involved in the operation.

(2) A pilot in an NVIS operation must be an NVIS pilot.

(3) Each air crew member who uses NVIS in an NVIS operation must be:

(a) an NVIS air crew member; or

(b) a person, otherwise qualified for the operation, who is under flight training or flight testing to become an NVIS air crew member.

(4) Subject to subsection (5), if a single NVIS pilot is the only NVIS crew member in an NVIS operation, the operation must be conducted at or above 1 000 ft AGL.

(5) An NVIS operation mentioned in subsection (4) may be conducted below 1 000 ft AGL only if it is:

(a) operationally necessary; and

(b) not conducted below 500 ft AGL; and

(d) conducted by an NVIS operator who holds a CASA approval for the operation under regulation 138.025 that is based on the detailed risk assessment.

(6) If an NVIS operation (other than one conducted by a single NVIS pilot as the only NVIS crew member) is conducted below 500 ft AGL in the hover, then, despite any other provision in this Chapter, the pilot in command may do any of the following:

(a) degoggle as an individual;

(b) permit all or any particular NVIS air crew member to degoggle;

but only if, and for so long as, the degoggling enhances operational safety.

(7) If, for subsection (1), in an NVIS operation (other than one conducted by a single NVIS pilot as the only NVIS crew member):

(a) the performance of the NVIS used by an NVIS pilot or NVIS air crew member is degraded because of extensive illumination in the area being overflown; and

(b) the continued use of the NVIS in such circumstances is likely to affect operational safety; and

then the pilot in command may do any of the following in accordance with procedures in the operations manual:

(d) degoggle as an individual;

(e) permit all or any particular NVIS pilot or NVIS air crew member to degoggle;

but only if, and for so long as, the degoggling enhances operational safety.

12.11 Weather requirements — cloud

(1) The pilot in command of an aircraft for an NVIS operation must comply with 1 of the following for the operation:

(a) the in-flight cloud requirements set out in Table 12.11 (1) of this MOS;

(b) the in-flight cloud requirements approved by CASA under subsection (3).

(2) For Table 12.11 (1), for an NVIS aircraft and crew mentioned in an item of column 1 of the Table, that is conducting an NVIS operation of a kind mentioned in column 2 of the item, the minimum in-flight cloud requirements are set out in column 3 of the item.

Table 12.11 (1) — In-flight cloud requirements

	Column 1	Column 2	Column 3
Item	NVIS aircraft and crew	Kind of NVIS operation	Minimum in-flight cloud requirement
1	NVFR capable, with 2 NVIS crew members	Under the VFR	No more than scattered cloud up to 2 000 ft AGL within 2 NM either side of track.
2	IFR capable	Under the VFR	No more than scattered cloud up to 1 000 ft AGL within 2 NM either side of track
3	IFR capable	Under the IFR below LSALT	No more than scattered cloud up to 1 000 ft AGL within 2 NM either side of track.

Note NVFR capable and IFR capable are defined in section 12.03, Definitions.

(3) An NVIS operation may comply with in-flight cloud requirements lower than those provided for under paragraph (1) (a) (reduced in-flight cloud requirements) but only if the lower requirements are:

(a) operationally necessary; and

(b) the subject of a detailed risk assessment given to CASA; and

(4) If:

(a) an NVIS operation is NVFR capable; but

(b) the NVIS crew is only a single NVIS pilot;

then the NVIS pilot must comply with night VFR weather minima.

(5) Subsection (1) does not apply to the pilot in command of a rotorcraft in an NVIS operation to which Division 5 of Chapter 9 applies.

CHAPTER 13 RISK ASSESSMENTS (INCLUDING AWZ-RAs)

Division 1 Risk — general

13.01 Application

Unless it provides otherwise, this Chapter applies to the following operators:

(a) an aerial work certificate holder;

(b) a limited aerial work operator.

13.02 Risk criteria — all operators

For paragraph 138.370 (1) (a), the risk criteria that an operator must meet to conduct an aerial work operation are that:

(a) the operation can be conducted without unacceptable safety risk for the crew members and aerial work passengers who may be on board the aircraft; and

(b) the operation can be conducted so that it presents no unacceptable risks to persons and property on the ground; and

13.03 Risk assessment and mitigation — all operators

For paragraph 138.370 (1) (b), before conducting an aerial work operation, an operator must ensure that risk assessment and mitigation processes have been undertaken in accordance with this Chapter.

13.04 Risk assessment matters — all operators

(1) The matters set out in subsection (3) must be considered in assessing the risks of the operation against the risk criteria.

(2) For subsection (1), the matters must be considered in the context of the nature, size and complexity of the operation.

(3) For subsection (1), the matters are the following:

(a) the operation and its particular characteristics;

(b) the location of the operation and its particular characteristics;

(d) the qualifications and experience of the crew members to be used in the operation;

(e) the hazards, external to the aircraft, that may be met in the course of the operation.

13.05 Risk assessment and mitigation processes — limited aerial work operators

(1) For paragraph 138.370 (1) (b), the risk assessment and mitigation processes to be undertaken by a limited aerial work operator are set out in this section.

(2) Before commencing an aerial work operation, the operator must ensure that the pilot in command:

(a) reviews the risk criteria set out in section 13.02; and

(b) considers the risk assessment matters set out in section 13.04; and

(i) the risks of the operation can be mitigated; and

(ii) the operation can be safely carried out.

(3) The operator must ensure that before and during the operation, the pilot in command must take into account any reasonably available information relevant to managing the safety risks of the operation.

13.06 Risk assessment and mitigation processes — aerial work certificate holders only

(1) For paragraph 138.370 (1) (b), the risk assessment and mitigation processes to be undertaken by an aerial work certificate holder (the operator) are set out in this section.

(2) Before conducting an operation:

(a) the operator’s operations manual must contain:

(i) pre-operational risk procedures for risk assessments and mitigation processes applicable to the operation; and

(ii) procedures for post-flight risk review; and

Note For these procedures see subsections 13.07 (1) and (3).

(b) the operator must have a flight risk management plan based on a pre‑operational risk assessment in accordance with the procedures; and

(c) the operator must ensure that the operator and each crew member is satisfied, in a pre-flight risk review, that the flight risk management plan will eliminate, reduce or mitigate risks and hazards to the extent that it is safe to conduct, and continue, the operation without unacceptable risk to the crew members, any aerial work passengers, the aircraft or any other person or property.

Note For a pre-flight risk review see subsection 13.07 (2).

(3) For an operator with a safety management system (SMS), the risk assessment and mitigation processes in accordance with this section must be integrated into the SMS.

13.07 Procedures for risk assessment and mitigation processes

(1) For section 13.06, the operator’s pre-operational risk procedures must include the following:

(a) processes for identifying, reporting and recording hazards;

(b) processes for analysing identified hazards and assessing the risks they may pose, including for pre-flight, in-flight and post-flight stages of operations;

(c) processes to mitigate the risks or control the risks, including processes for the incorporation of risk controls into standard operating procedures;

(d) the creation and management of:

(i) a risk register; and

(ii) records of dedicated risk assessments performed to address each type aerial work operation that is to be conducted, including details of the risk assessors;

(e) procedures to ensure that the pilot in command and the other crew members are familiar with the pre-operational risk assessment and the associated standard operating procedures (SOP);

(f) in-flight procedures for the pilot in command and the other crew members to consider and manage the risks associated with aerial work operations.

Note The expression risk assessors is defined in subsection 1.04 (6).

(2) For section 13.06, the operator’s procedures must require that a pre-flight risk review be carried out that considers the following:

(a) the risk criteria;

(b) the pre-operational risk assessment;

(d) the pre-flight satisfaction check under paragraph 13.06 (2) (c).

(3) For section 13.06, the operator’s procedures must require that a post-flight risk review be carried out, including the updating of procedures to incorporate any lessons learnt from the operation.

Division 2 AWZ-RA — risk and related requirements

13.08 Application

For paragraph 138.370 (1) (b), the risk assessment and mitigation processes to be undertaken by an aerial work certificate holder (the operator) for an AWZ‑RA are set out in this Division.

13.09 Preparation of an AWZ-RA — aerial work operations

(1) This section is for regulations 138.410 (external load operations), 138.425 (dispensing operations) and 138.430 (task specialist operations).

(2) Only an aerial work certificate holder may conduct aerial work operations over an AWZ.

(3) Subject to subsection (4), this section applies only to the following operations conducted over an AWZ (the AWZ operation):

(a) an external load operation;

(b) a dispensing operation;

(c) a task specialist operation if the aircraft is flown below the height, and closer than the distance, specified in paragraph 91.265 (2) (a) or (3) (a), respectively.

Note AWZ is defined in section 1.05. See also section 9.22 and 9.23.

(4) This section does not apply to an ESO involving an external load operation over an area that would otherwise require an AWZ if:

(a) the operator’s operational risk assessment and mitigation process under sections 13.04 and 13.06 have been complied with; and

(b) the pilot in command of the aircraft is satisfied that, having considered all foreseeable safety risks, a reasonable pilot would conduct the ESO.

(5) Before conducting the AWZ operation, the operator must:

(a) prepare and document an AWZ-RA; and

(b) hold a CASA approval under regulation 138.025 for the AWZ-RA, unless:

(i) subsection (6) applies; or

(ii) it is planned that the aircraft will at all times:

(A) be at or above 500 ft; and

(B) when operating below 1 000 ft above the highest obstacle within 600m, have a suitable forced landing area.

(6) An aerial work certificate holder does not require CASA approval under regulation 138.025 of an AWZ‑RA for an external load operation if:

(a) the entire operation, including pick-up and set-down points, is planned to occur in an AWZ; and

(b) the AWZ is totally under the control of:

(i) the operator; or

(ii) the person requesting the operation; and

(7) The AWZ operation must be conducted:

(a) in accordance with the AWZ-RA; and

(b) taking into account all matters contained within the AWZ-RA.

(8) An AWZ-RA must be retained in safe custody by the operator for at least 3 years after the external load operation has ended.

(9) An AWZ-RA prepared by the operator for a Class B external load operation must:

(a) include the pick-up and set-down points of the operation; and

(b) include the routes between the pick-up and set-down points; and

(c) subject to paragraph (d), be for an AWZ that is of a size sufficient for the safe management of all risks and hazards identified in the operators risk management process; and

(d) be for an AWZ:

(i) that is free of risk of injury to persons who are not associated with the operation; and

(ii) that minimises, as far as practicable, risk of injury to the persons:

(A) carrying out the operation; or

(B) for whom the operation is being carried out; and

(iii) in which hazard to property not associated with the operation is not likely to arise.

CHAPTER 15 RULES FOR EXTERNAL LOAD OPERATIONS

Division 1 Class D external loads

15.01 Application

Unless it provide otherwise, this Chapter applies only to an aerial work certificate holder.

Note 1 By virtue of subparagraph 138.030 (2) (b) (iii), only an aerial work certificate holder may conduct a Class D external load operation.

Note 2 It is a significant change requiring CASA approval for an operator to begin any kind of class D external load operation for the first time, whether it involves winching, a belly hook, a platform, rappelling, or a hover entry/exit) — see subparagraph 138.012 (a) (vii) of CASR.

15.02 Persons who may be carried as external loads

For subregulation 138.410 (2), the following classes of persons are prescribed for carriage on or in a part of an aircraft that is not normally specified in the AFM as being for the carriage of crew members or aerial work passengers in an aerial work operation:

(a) air crew members;

(b) task specialists;

Note Some AFM Supplements may provide, as part of a winching equipment supplement, for the carriage of a person on, for example, additional steps or footholds installed on a rotorcraft.

15.03 RESERVED

15.04 Equipment requirements if person carried on or in an attachment to an aircraft

(1) For subregulations 138.410 (2) and 138.465 (2), for a Class D external load operation the requirement mentioned in subsection (2) applies to the operator and the pilot in command.

(2) The requirement is that all external load equipment, fittings, lines, safety harnesses, restraint straps and rescue harnesses must be compliant with the requirements of, or approved under, Part 21 of CASR.

15.05 Classes of persons who may be picked-up or set-down

For section 15.06, the following persons are the only persons who may be picked-up or set-down, and the picking up and setting down must be in accordance with the section:

(a) air crew members;

(b) task specialists;

15.06 Operational requirements if a person is picked-up or set-down

(1) For subregulation 138.410 (2), for a Class D external load operation where a person mentioned in section 15.05 is picked up or set down, the operator and the pilot in command must meet the requirements set out in this section.

Class D external loads — winching

(2) For a Class D external load operation that involves winching a person (operation) the operator and the pilot in command must meet the following requirements:

(a) application of the operator’s operational risk assessment and mitigation process must indicate that the operation meets at least an acceptable level of safety;

Note See sections 13.04 and 13.06.

(b) for an operation that is not an ESO — the rotorcraft must be a multi-engine rotorcraft capable of hovering out of ground effect with one engine inoperative during the winching operation;

(c) despite paragraph (b), for a day VFR operation that is not an ESO — the rotorcraft need not be capable of hovering out of ground effect (HOGE) with one engine inoperative during the winching operation provided that the rotorcraft:

(i) meets the requirements set out in paragraphs 9.05 (b), (c), (d) and (e); and

(ii) has a mass that does not exceed 90% of the MTOW HOGE permitted by the AFM for the most limiting mass of the operation; and

(iii) subject to subsection (2A), is not operating over water; and

(iv) carries only flight crew, and essential air crew members and task specialists (if any);

(d) for an operation that is an ESO, or training for an ESO — the rotorcraft must:

(i) for day VFR operations — at least meet the requirements set out in paragraphs 9.05 (b), (c), (d) and (e); and

(ii) for operations under the IFR — be a multi-engine rotorcraft with OEI accountability; and

(iii) for operations at night:

(A) be a multi-engine rotorcraft with OEI accountability; and

(B) be capable of using (and the pilot in command must be using) NVIS for the operation;

(e) despite subparagraphs (d) (ii) and (iii), and subject to Chapter 11, for an operation that is an ESO, or is training for an ESO, when operating over an ESO operating site, the rotorcraft need not be operated with OEI accountability provided the operator’s risk assessment indicates that it is safe not to so operate;

(f) the FCMs, air crew members and task specialists in the operation must be able to communicate directly with each other using:

(i) radiocommunications; or

(ii) an effective system of visual communication.

Class D external loads — winching over water for recovery of unserviceable rotorcraft

(2A) If an operation, to which paragraph (2) (c) would otherwise apply, is over water for the sole purpose of assisting in the recovery of an unserviceable rotorcraft from the deck of a vessel or an off-shore platform, then the following requirements, additional to those mentioned in paragraph (2) (c), must be met:

(a) the rotorcraft must be a multi-engine rotorcraft;

(b) the rotorcraft must be fitted with an emergency flotation system;

(c) each crew member for the flight (including each task specialist) must be current in underwater escape training, in accordance with this MOS.

Class D external loads — belly hook or platform

(3) If an operation is a Class D external load operation in the form of a person:

(a) suspended from a belly hook attached to the rotorcraft; or

(b) carried on a platform attached to the rotorcraft;

then the operator and pilot in command must meet the following requirements:

(c) application of the operator’s operational risk assessment process must indicate that the operation meets at least an acceptable level of safety;

Note See Chapter 13.

(d) the FCMs, air crew members and task specialists in the operation must be able to communicate directly with each other using:

(i) radiocommunications; or

(i) an effective system of visual communication;

(e) if the rotorcraft cannot hover out of ground effect (HOGE) with one engine inoperative during the operation, the following requirements apply:

(i) the rotorcraft must:

(A) meet the requirements set out in paragraphs 9.05 (b), (c), (d) and (e); and

(B) have a mass that does not exceed 90% of the MTOW HOGE permitted by the AFM for the most limiting mass of the operation;

(ii) if the operation is a water rescue operation;

(A) the operation must occur within 5 NM of the coast; and

(B) the rotorcraft must be equipped with an approved rotorcraft floatation system;

(iii) except for a water rescue operation, only essential air crew members or task specialists may be carried in the operation.

Class D external loads — belly hook

(4) Subject to subsection (5), for an operation mentioned in paragraph (3) (a), the operator and pilot in command must ensure that the following requirements are met:

(a) the operation must include a primary load path and a backup load path, each of which allow the person to be safely jettisoned in an emergency;

(b) each load path must consist of:

(i) a primary quick release system that requires 2 separate and distinct actions to release; and

(ii) a backup quick release system that requires 2 separate and distinct actions to release.

(5) If the operation mentioned in paragraph (3) (a) is a water rescue operation, the operator and the pilot in command must ensure that the hook is attached to an approved attachment point on the helicopter and is such that:

(a) it meets the requirements of paragraphs (4) (b) and (c); or

(b) it allows the rescue equipment to be released by:

(i) a means of release operated by the pilot; and

(ii) another means of release operated manually by a crew member stationed in the helicopter.

Class D external loads — rappelling

(6) For a Class D external load operation, that involves rappelling, the operator and the pilot in command must ensure that the operation is conducted:

(a) by personnel who have successfully completed the operator’s advanced operational training in rappelling; or

(b) to train personnel for an operation described in paragraph (a).

Class D external loads — hover exit and entry

(7) For a Class D external load operation that involves a person emplaning or deplaning while the rotorcraft is in flight or partially in flight (a hover entry or exit), the operator and the pilot in command must ensure that the person is an air crew member, a task specialist, or an aerial work passenger, who has received hover entry and exit training in accordance with the operator’s operations manual.

Division 2 General requirements

15.07 Requirements for external loads

For subregulation 138.410 (2), the requirements set out in this Division are prescribed relating to the flight of an aircraft involving an external load operation, including for prescribed classes of such flights.

Note External load operations may be conducted over a populous area or a public gathering in accordance with section 13.09 — see subsection 15.09 (2).

15.08 Helicopter external load operations at night over water, including SAR

(1) For subregulation 138.410 (2), the operator and the pilot in command for an external load operation at night over water must ensure that the requirements set out in this section are met.

Note This includes a night SAR operation involving an auto-hover over water.

(2) For the operation, the flight attitude, height, and position of the helicopter must be maintained by the following:

(a) monitoring the aircraft’s instruments;

(b) reference to visible external objects.

(3) For subsection (2), external objects are visible only if they are:

(a) visible because they are adequately illuminated by ground or celestial lighting; or

(b) visible through an NVIS, provided that the flight is conducted in accordance with the requirements for an NVIS operation.

(4) Despite subsection (2), if the operation is a SAR operation with an auto-hover using a transition mode capability over water in accordance with Division 5 of Chapter 9, the flight attitude, height and position of the helicopter must be maintained by the following:

(a) monitoring the aircraft’s instruments;

(b) monitoring the aircraft’s navigation source data;

(d) reference to external objects, if any.

15.09 Approvals required for Class C and Class E external load operations

(1) This section applies to the following operators:

(a) an aerial work certificate holder;

(b) a limited aerial work operator.

(2) An external load operation may be conducted over a populous area or a public gathering in accordance with section 13.09.

(3) A Class C external load operation or a Class E external load operation must not be conducted unless the operator is an aerial work certificate holder who has CASA approval under regulation 138.025 for the particular operation.

(4) For subsection (3), an application for written approval must be accompanied by the operator’s:

(a) detailed risk assessment and mitigation processes; and

(b) proposed operations manual content and, if necessary, training and checking manual content, that includes the operational procedures to enable compliance with the applicable requirements of this Chapter.

Note Aerial work certificate holders who are required to have a formal training and checking system under regulation 138.125 of CASR must have a training and checking manual. Other aerial work certificate holders may choose to include their training and checking requirements in a separate training and checking manual, or in their operations manual.

15.10 External load operations over an AWZ

An aerial work certificate holder must not conduct an external load operation in an AWZ over a populous area unless the aircraft is permitted to operate over a populous area by:

(a) its certificate of airworthiness; or

(b) an authorisation (however described), issued by the NAA of a Contracting State, that is equivalent to a certificate of airworthiness.

Note A limited aerial work operator is not permitted to conduct an external load operation over an AWZ that is over a populous area: see regulation 138.030.

15.11 External load operations at night

A rotorcraft of an aerial work certificate holder conducting an external load operation at night over water must be equipped:

(a) as specified under Chapter 26 of the Part 91 MOS for rotorcraft IFR flight; and

(b) with lighting as specified under section 22.07 as if it applied to the operation; and

(c) with an approved intercommunication system which permits continuous communication between the FCMs and the air crew members.

Note A limited aerial work operator is not permitted to conduct an external load operation at night over water: see sections 9.03, 9.06 and 9.14.

15.12 Additional requirements for Class E external loads

(1) The following additional requirements are prescribed relating to the flight of an aeroplane in a Class E external load operation by an aerial work certificate holder.

(2) The operations manual must contain detailed external load instructions, procedures and requirements.

(3) For a towing operation, the operator, and the pilot in command, must ensure that:

(a) the operation is conducted in VMC; and

(b) the route is such that any accidental or emergency release of the load will not cause a hazard to any person or property on ground that is within a populous area or a public gathering.

(4) The operator, and the pilot in command, must ensure that a risk assessment, in accordance with the relevant requirements of Chapter 13, is carried out:

(a) before the flight commences; or

(b) for a series of flights in the same aircraft, over the same area, on the same day, with the same external load, and for the same purpose — before the first flight commences.

15.13 Towed and long loads must be jettisonable

(1) This section applies to the following operators:

(a) an aerial work certificate holder;

(b) a limited aerial work operator.

(2) For an aerial work operation that is the towing of a load outside the aeroplane, the operator and the pilot in command of the aeroplane must each ensure that the load is jettisonable.

(3) For an aerial work operation that is the carriage of an external load that extends below the landing gear of a rotorcraft, the operator and the pilot in command of the rotorcraft must each ensure that the load is jettisonable.

CHAPTER 16 REQUIREMENTS FOR DISPENSING OPERATIONS

Division 1 Preliminary

16.01 Application

This Chapter applies to the following operators (operators):

(a) an aerial work certificate holder;

(b) a limited aerial work operator.

16.02 Dispensing operations to be in VMC

For subregulation 138.425 (2), an operator and the pilot in command must ensure that a dispensing operation is conducted only in VMC, unless the operation is:

(a) cloud seeding conducted in IMC; or

(b) dispensing in the course of an ESO for a surveillance or SAR operation that is carried out:

(i) by an aerial work certificate holder; and

(ii) in accordance with the procedures in the operator’s operations manual.

Note An aerial application operation under regulation 137.010 of CASR is not a dispensing operation — see paragraph 138.010 (5) (e).

16.03 Requirements for dispensing operations

(1) For subregulation 138.425 (2), an operator and the pilot in command must ensure that the requirements set out in this section are complied with for a dispensing operation over land or water.

(2) The substance or object to be dropped or released in the dispensing operation must be carried:

(a) inside the aircraft; or

(b) in a manner specified in the AFM; or

(3) The opening through which the substance or object is dropped must be such that, when dropped, the substance or object does not:

(a) damage any part of the aircraft; or

(b) affect the operation of any part of the aircraft.

(4) The size to weight ratio of each individual object to be dropped must be such that, when released, the object immediately drops away from the aircraft.

(5) The dimensions of the site on to which the substance or object is to be dropped (the drop site) must be such that there is no risk of the substance or object falling outside the site.

(6) Subsection (5) does not apply to the following:

(a) an ESO; or

(b) the dropping of leaflets, liquids, powders or fine grains;

provided that what falls outside the drop site does not create a hazard for persons or property anywhere.

(7) A drop site must be cleared of all persons and livestock before a substance or object is dropped onto the site.

(8) Subsection (7) does not apply if:

(a) a risk assessment, performed in accordance with Chapter 13, establishes that dropping the substance or object on the site, in the circumstances, does not constitute an unacceptable risk of injury or damage to any person, property or livestock on the site; or

(b) the operation is an ESO.

(9) The dropping of a substance or object must be controlled by a task specialist.

(10) The pilot in command of the aircraft may be the task specialist for the dropping but only if the pilot can perform the role:

(a) while remaining at all times in the normal flying crew position; and

(b) without in any way affecting the pilot’s ability to control the aircraft normally.

(11) During the dropping phase of a dispensing operation in which the pilot in command is not the task specialist:

(a) the pilot in command and the task specialist must maintain effective communication with each other; and

(b) the substance or object may only be dropped with the expressed consent of the pilot in command.

Division 2 NVIS firebombing

16.04 Application

This Division applies to an NVIS operator, and the pilot in command of the operator’s aircraft, when engaged in NVIS firebombing (the operation).

16.05 Compliance

(1) For subregulation 138.425 (2), the NVIS operator, and the pilot in command, of an aircraft engaged in NVIS firebombing must each ensure that the requirements of this Division are complied with.

(2) An aeroplane may only be used in NVIS firebombing below the prescribed height if:

(a) the operation is the subject of the NVIS operator’s detailed risk assessment given to CASA; and

(b) the NVIS operator satisfies CASA that the operator and the pilot in command are demonstrably capable and competent to conduct and carry out the operation; and

Note Applications for approvals are assessed by CASA in accordance with Subpart 11.B of CASR. Operators should note that CASA may apply conditions to an approval in accordance with regulation 11.056.

16.06 Crew composition, qualification and experience

(1) The minimum crew for the operation must be at least 2 NVIS pilots, one of whom is the pilot in command.

(2) The pilot in command of a helicopter for the operation must:

(a) hold a Grade 1 NVIS endorsement under Part 61 of CASR; and

(b) satisfy the relevant instrument proficiency and recency requirements under Part 61 of CASR.

Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.

(3) Each pilot of a helicopter for the operation must have the following aeronautical experience:

(a) 1 500 hours of flight time as a pilot in command of a helicopter;

(b) 50 hours in the type or class of helicopter being used for the NVIS firebombing;

16.07 Use of a belly tank

(1) An aircraft belly tank may only be filled or refilled from 1 of the following locations:

(a) for a helicopter on the ground — a source on the ground at an HLS-NVIS standard;

(b) for a helicopter in the hover and using the helicopter’s on-board pump — a portable tank at an HLS-NVIS standard;

(d) otherwise — any location, or multiple locations with particular common characteristics, for which the operator holds a CASA approval under regulation 138.025.

(2) For paragraph (1) (c), CASA may approve a location or a kind of location (with or without conditions) if:

(a) the operator’s application includes a detailed risk assessment; and

(b) taking into account the following:

(i) the risks identified by the operator or by CASA;

(ii) the nature of the operation;

(iii) the nature of the location or kind of location;

(iv) any conditions that would be imposed on an approval;

approval of the location, or kind of location, would not have an adverse effect on aviation safety.

Note Conditions may include (but are not limited to), for example, limitations on flight time for particular operations or locations; requirements for underwater escape training; collection system and other equipment requirements, including additional searchlighting; prior survey of locations and environmental circumstances such as weather and degree of moonlight.

Division 3 — NVIS incendiary dropping

16.08 Application

This Division applies to an NVIS operator, and the pilot in command of the operator’s aircraft, when engaged in NVIS incendiary dropping (the operation).

16.09 Compliance

For subregulation 138.425 (2), the NVIS operator, and the pilot in command, of an aircraft engaged in NVIS incendiary dropping must each ensure that the requirements of this Division are complied with.

16.10 Crew composition, qualification and experience

The minimum crew must be:

(a) 2 NVIS pilots, and 1 task specialist who is an incendiary dropping device operator; or

(b) 1 NVIS pilot, and 1 NVIS air crew member, and 1 task specialist who is an incendiary dropping device operator.

CHAPTER 17 REQUIREMENTS FOR TASK SPECIALIST OPERATIONS

Division 1 Preliminary

17.01 Application

Unless it provides otherwise, this Chapter applies to task specialist operations of the following operators:

(a) an aerial work certificate holder;

(b) a limited aerial work operator.

Division 2 Aerial mustering operations

17.02 Pilot qualifications and experience

(1) This Division applies in relation to a task specialist operation that involves aerial mustering below 500 ft AGL in a rotorcraft (the proposed aerial mustering).

(2) For paragraph 138.500 (1) (c), the pilot in command must have at least the following:

(a) 200 hours’ experience as a pilot in the category of aircraft in which the proposed aerial mustering will be carried out, of which at least 100 hours must have been spent as pilot in command or pilot in command under supervision (PICUS);

Note The categories of aircraft that are also rotorcraft are helicopter, powered-lift aircraft and gyroplane. Regulation 138.205 requires aircraft used in aerial work operations to be type certificated in the normal, commuter, or transport category if an aerial passenger is carried; and in the normal, commuter, transport, restricted or utility category if such a passenger is not carried. This rule may preclude a category of aircraft from being used in aerial work operations if the relevant type certificate is not available.

(b) either:

(i) 100 hours’ experience as a pilot in the type or class of rotorcraft in which the proposed aerial mustering will be carried out; or

(ii) if the pilot already has 100 hours’ experience as a pilot in aerial mustering operations — 5 hours’ experience as a pilot in the type or class of rotorcraft in which the proposed aerial mustering will be carried out;

(c) subject to subsections (2A) and (2B), before commencing unsupervised operations as the pilot in command of a rotorcraft in an aerial mustering operation below 500 ft — 100 hours of operational training in aerial mustering operations in the type or class of rotorcraft in which the proposed aerial mustering will be carried out;

(2A) For paragraph (2) (c):

(a) at least 60 hours of the 100 hours must have been training as PICUS with the training pilot; and

(b) the remaining hours may be either of the following, in the discretion of the training pilot:

(i) as PICUS with the training pilot; or

(ii) solo under the detailed personal direction of the training pilot.

(2B) Paragraph (2) (c) does not apply to the pilot in command of a type or class of rotorcraft in which proposed aerial mustering will be carried out below 500 ft if, in the 12 months immediately before 2 December 2021, the pilot had conducted aerial mustering in the same type or class of rotorcraft.

(3) For subsection (2A), but without affecting any applicable requirements under Chapter 23:

training pilot means a pilot who:

(a) is qualified to conduct aerial mustering in the type or class of rotorcraft in which the proposed aerial mustering is to be conducted (the relevant rotorcraft); and

(b) has at least the following experience conducting aerial mustering operations in the relevant rotorcraft:

(i) 2 000 hours’ experience;

(ii) 4 years’ experience; and

Division 3 Firearms and aerial work operations

17.03 Application

(1) This Division is for paragraph 138.432 (2) (b).

(2) The operator and the pilot in command of an aircraft in an aerial work operation must each ensure that a firearm is not possessed or carried on the aircraft, or discharged by any person while on the aircraft, unless the applicable requirements of this Division are complied with.

17.04 Possession and carriage of a firearm

For a person to possess or carry a firearm on an aircraft where there is no intent or likelihood of the firearm being discharged, the following requirements apply:

(a) the operator must have written procedures for the safe on-board storage of the firearm during the operation and the procedures must include the requirements of this section;

(b) the procedures must require that the pilot in command is informed of, and consents to, a firearm being possessed or carried on the aircraft;

(d) the person who possesses or carries the firearm must be made aware of the procedures and, before boarding the aircraft, agree to comply with them;

(e) before the aircraft takes off for the operation the requirements of this section and the operator’s procedures must have been complied with.

17.05 Pilot requirements for aerial platform shooting

(1) The pilot in command of the aircraft engaged in aerial platform shooting must:

(a) have been trained by the operator in the safe possession, carriage and discharge of firearms by a person while on an aircraft; and

(b) either:

(i) have documented experience as a pilot in aerial platform shooting operations; or

(ii) for the purpose of gaining such documented experience — have commenced, and be still engaged in, training which is conducted by a person who:

(A) meets the requirements in section 23.10 of this MOS; and

(B) has documented experience in aerial platform shooting operations.

(2) The pilot in command of an aerial work certificate holder’s aircraft is taken to meet the requirements of subparagraph (1) (b) (ii), if the pilot meets the requirements for gaining the relevant experience as set out in the operator’s operations manual.

17.06 Task specialist requirements — discharge of firearms

(1) For this section of the MOS, to be authorised to carry, otherwise possess, and discharge, a firearm for a particular task specialist operation in a particular category of aircraft, a task specialist must:

(a) be authorised to carry, otherwise possess and discharge the firearm by a law of the Commonwealth, the State or the Territory; and

(b) meet the requirements of this section.

(2) The task specialist must have successfully completed a training course about the on-board storage, carrying, otherwise possessing, and discharging, of a firearm for the particular task specialist operation in the particular category of aircraft to be used in the operation.

(3) For subsection (2), the training course must be:

(a) based on a written syllabus; and

(b) conducted by:

(i) the operator, in accordance with a firearms possession and use training program set out in the operator’s operations manual; or

(ii) an aerial platform shooting training organisation whose course is accredited for this purpose by an authority of a State or Territory; and

(c) documented by the operator or the organisation (as the case may be) in records that must be retained in safe custody for at least 3 years after the training course was completed.

(4) The task specialist must have a current certificate of competency, issued by the operator or the training organisation (as the case may be), certifying that, for 2 years from completion of the training course, the task specialist may safely carry the relevant firearm in, and may safely discharge the relevant firearm from, the category of aircraft used in the operation.

(5) For animal culling operations, within the 2 years immediately before commencing the culling operation in a particular category of aircraft, the task specialist must have:

(a) discharged a firearm from an aircraft of the same category, for animal culling purposes; or

(b) successfully completed, for an aircraft of the same category:

(i) the training course mentioned in subsection (2); or

(ii) a refresher training course based on the training course mentioned in subsection (2).

(6) For subparagraph (5) (b) (ii), subsections (2) and (3) apply to a refresher training course as if, in those subsections, references to “training course” were references to “refresher training course”.

17.07 Additional requirements — discharge of firearms

(1) Before a firearm is discharged by a task specialist while on an aircraft in flight, a trial must be conducted by the pilot in command to ensure that the safe operation of the aircraft will not be affected by:

(a) the ejection of empty cartridge cases from the firearm; or

(b) the noise level of the firearm when fired.

(2) For subsection (1), for an operation by an aerial work certificate holder:

(a) the operations manual must contain the procedures for the trial; and

(b) the holder must ensure that the pilot in command conducts a trial in accordance with the procedures.

(3) Only a task specialist, authorised in accordance with subsection 17.06 (1), may operate the firearm.

(4) The pilot in command must not assist in any way with the operation of the firearm.

(5) For animal culling operations, the firearm must remain unloaded at all times during the flight, except when it is to be fired at an identified target for culling purposes.

(6) Subject to subsection (7), for a licenced firearm which in normal operation is designed to eject spent cartridge cases, the ejection must be:

(a) downwards, and not more than 90 degrees back from the line of fire; or

(b) into a rigid container securely attached to the firearm.

(7) If there is any risk that a cartridge (whether spent or not) may cause foreign object damage to any external or internal part of the aircraft on being ejected from a firearm, a collection case must be used to receive the ejected cartridge.

(8) Any rigid container or collection case must be securely closed:

(a) during take-off and landing; and

(b) at any other time when the pilot in command directs.

(9) Subject to subsections (10) and (11A), an aerial work operation whose purpose involves the discharge of a firearm from an aircraft must not occur within 3 NM of any of the following:

(a) an occupied building;

(b) a populous area;

(10) Subsection (9) does not apply to an aerial work operation if:

(a) the operation involves the discharge of a firearm from an aircraft (shooting) by a shooter for the purpose of the humane killing of an animal that is injured or being culled (the proposed operation); and

(b) the shooter is engaged by an aerial shooting organisation for the proposed operation; and

(c) the aerial work operator has a procedure in its operations manual for compliance with Chapter 13 in relation to the proposed operation; and

(d) the aerial shooting organisation complies with the requirements in subsection (11).

(11) For the proposed operation, the aerial shooting organisation must:

(a) have an aerial shooting safety management plan (an ASSMP); and

(b) use the ASSMP to create a specific aerial shooting plan; and

(i) the shooter;

(ii) the aerial work operator, and the pilot in command of the operation;

(iii) the person who occupies (or, if not occupied, who exercises control over) the land over which the shooting will occur (the person affected); and

(d) brief the aerial work operator and the pilot in command on the shooting plan; and

(e) obtain, and retain for at least 12 months, the aerial work operator’s written agreement that:

(i) the risks have been assessed under Chapter 13; and

(ii) the risk criteria under section 13.02 are satisfied; and

(f) ensure that the person affected has no objections to the proposed operation or the aerial shooting plan.

Note Any failure to comply with the requirements of this subsection and the risk mitigators in the aerial shooting plan will raise the risk profile of the operation for the aircraft, the crew and third parties, and result in the operation being in breach of subsection (9).

(11A) Subsection (9) does not apply to an aerial work operation if:

(a) the operation involves the discharge of a firearm from an aircraft (shooting) by a shooter for the purpose of training for police aerial shooting operations from rotorcraft (a shooting training operation); and

(b) the shooter is a task specialist who is a member of 1 of the following:

(i) a State or Territory police service;

(ii) the Australian Federal Police;

(iii) the Australian Defence Force (ADF); and

(c) the shooting training operation is conducted at a place that is, under the laws of the relevant State or Territory, a dedicated shooting range; and

(d) the shooting range has been risk assessed by both of the following (the relevant parties):

(i) the relevant police service, the AFP or the ADF (as applicable);

(ii) the operator of the rotorcraft;

to be a safe place for the proposed operation to occur; and

(e) the relevant parties have devised such location-specific operating procedures and limitations as are necessary to ensure the safe conduct of the operation; and

(f) a record of the risk assessment, and the location-specific operating procedures and limitations, are included in the operator’s operations manual.

(12) In this section:

aerial shooting organisation means a person whose business activity is the humane shooting of animals from the air for the purposes of culling or euthanasia.

Note An aerial shooting organisation may be a self-employed shooter, or a corporation that engages shooters, or an aerial work operator that conducts aerial shooting.

aerial shooting plan, for a proposed operation, means a plan, specific to the nature and location of the proposed operation, and promptly available to CASA on written request to the operator or the aerial shooting organisation, that identifies and, as far as practicable, mitigates the following that may arise from the proposed operation:

(a) specific hazards to human life and property, both in the air and on the ground; and

(b) the risk of inhumane outcomes for animals.

aerial shooting safety management plan (ASSMP) means a plan, promptly available to CASA on written request to the operator or the aerial shooting organisation, setting out the standard operating procedures of an aerial shooting organisation for the planning, risk assessment, risk mitigation, conduct, WHS compliance, and overall safety of an operation for the humane shooting of an animal from the air.

WHS is short for workplace health and safety and means the laws for these purposes applicable in a location.

17.08 Communication requirements

(1) Subject to subsection (2), an operation under this Division which involves the discharge of a firearm must not be conducted unless it is possible at all times during the operation for the pilot in command and the task specialist to audibly communicate with each other.

Note Communication may be face-to-face or through a serviceable handsfree intercom, but it must be possible and audible at all times. If communication ceases to be possible during the operation, the operation must cease immediately.

(2) Subsection (1) does not apply to an operation under this Division that involves the discharge of a firearm from an aircraft, or training for such a discharge, if:

(a) the shooter is a task specialist who is a member of 1 of the following:

(i) a State or Territory police service;

(ii) the Australian Federal Police;

(iii) the Australian Defence Force (ADF); and

(b) the aerial work operator’s operations manual contains alternative procedures for communication between the task specialist, and the flight crew members and the air crew members.

Note For example, the operations manual might contain procedures describing how specific hand signals may be used for communication.

Division 4 Marine pilot transfer

17.09 Task specialist marine pilot transfer operations

(1) This Division applies for a task specialist operation (the operation) that is:

(a) a marine pilot transfer; and

(b) conducted at night at a distance greater than 10 NM from land.

(2) For subregulation 138.430 (2), the operator and the pilot in command must each ensure that the requirements of this Division are complied with.

(3) The rotorcraft used in the operation must:

(a) be flown by 2 pilots; or

(b) be fitted with an autopilot and flown by one or more pilots.

Note See section 22.05 for the requirements relating to operative and inoperative equipment.

(4) With effect from the beginning of 2 December 2023, a single-engine rotorcraft must be equipped with a usage monitoring system.

Note See section 22.06 for the requirements of a usage monitoring system.

Division 5 NVIS fire mapping

17.10 Application

This Division applies to an NVIS operator, and the pilot in command of the operator’s aircraft, when engaged in NVIS fire mapping.

17.11 Compliance

For subregulation 138.430 (2), the operator, and the pilot in command, of an aircraft engaged in NVIS fire mapping must each ensure that the requirements of this Division are complied with.

17.12 Crew composition, qualification, and experience

(1) The minimum crew for NVIS fire mapping conducted at or above 1 000 ft AGL must be the following:

(a) 1 NVIS pilot;

(b) 1 task specialist who is the fire mapping observer.

(2) The minimum crew for NVIS fire mapping conducted below 1 000 ft AGL must be the following:

(a) 1 NVIS pilot;

(b) 1 NVIS air crew member;

CHAPTER 22 EQUIPMENT

22.01 Application

(1) Unless it provides otherwise, this Chapter applies to the following operators:

(a) an aerial work certificate holder;

(b) a limited aerial work operator.

22.02 Purpose

This Chapter prescribes requirements for the purposes of subregulation 138.465 (2).

22.03 Approval of equipment

(1) Before a registered aircraft begins a flight, any equipment that is required to be fitted to, or carried on, the aircraft for the operation under a Part of the CASR or under this Chapter, must be compliant with the requirements of, or approved under, Part 21 of CASR.

(2) Subsection (1) does not apply to survival equipment, including signalling equipment, carried under section 22.08.

(3) Before a foreign-registered aircraft begins a flight in Australian airspace, the equipment required by this Chapter to be fitted to, or carried on, the aircraft must have been approved by the NAA of the aircraft’s State of registry.

(4) If equipment is fitted to, or carried on, an aircraft although not required by this Chapter to be so fitted or carried, then:

(a) the equipment need not have been compliant with the requirements of, or approved under, Part 21 of CASR; and

(b) for a foreign-registered aircraft — the equipment need not have been approved by the NAA of the aircraft’s State of registry; and

(c) no information provided by the equipment may be used by the flight crew to comply with any requirement of this Chapter in relation to equipment that is required to be fitted or carried for communications or navigation; and

(d) the equipment, whether functional or otherwise, must not at any time affect the safety of the operation or the airworthiness of the aircraft.

22.04 Visibility and accessibility of equipment

(1) This section applies in relation to equipment that is required for the operation under a Part of the CASR or under this Chapter, to be fitted to, or carried on, an aircraft.

(2) Equipment that is required for a pilot’s manual or visual use in, or from, the cockpit must be visible to, and usable by, the pilot from the pilot’s seat in the aircraft.

(3) Emergency equipment that is required to be fitted to, or carried on, an aircraft for a flight must be easily accessible for immediate use in the event of an emergency.

(4) Unless the contrary intention appears in a particular provision:

(a) a reference to a pilot seeing or viewing anything from a pilot’s seat is taken to mean that the thing is seen or viewed from the pilot’s normal sitting position in the seat; and

(b) any mention of feet (or ft) in the context of an altitude is taken to mean feet above mean sea level (AMSL), unless otherwise stated.

22.05 Serviceability of equipment

Any equipment required by this MOS to be fitted to, or carried on, an aircraft for a flight must be operative unless:

(a) another provision of the civil aviation legislation provides otherwise; or

Note 1 A minimum equipment list (a MEL), approved under regulation 91.935, can only permit equipment required to be fitted to, or carried on, an aircraft by this MOS, to be unserviceable within the limits of the requirements contained in this MOS. An example from the Part 91 MOS is that section 26.26 of that MOS contains an allowable time period of 72 hours related to flights with inoperative altitude alerting equipment. An MEL would not be approved if it contained a maximum time period for altitude alerting equipment to be inoperative that was greater than the time period specified by either a master minimum equipment list (MMEL) or the applicable civil aviation legislation.

Note 2 For civil aviation legislation, see section 3 of the Civil Aviation Act 1988.

(b) the equipment:

(i) is inoperative because of a defect that has been approved as a permissible unserviceability for the aircraft for the flight in accordance with regulation 21.007 of CASR; and

(ii) is fitted or carried in accordance with the permissible unserviceability.

22.06 Usage monitoring system requirements

(1) This section applies to a rotorcraft conducting an aerial work operation if it is required by the civil aviation legislation to be fitted with a usage monitoring system.

(2) The rotorcraft must be fitted with a usage monitoring system which:

(a) is continuously operating when the rotorcraft is operational; and

(b) records and stores data related to the rotorcraft’s time-in-service, engines, transmission and rotor systems.

(3) The usage monitoring system must reliably, accurately and comprehensively record data which when downloaded will show the following:

(a) time-in-service;

(b) operational parameters for the critical engine, and the transmission and rotor systems;

(4) The usage monitoring system must have a capability to retain all of the recorded data mentioned in subsection (3), whether for a single flight or a series of flights, until the data can be downloaded and safely stored by the operator for use, as necessary, in managing the aircraft’s continuing airworthiness requirements.

22.07 Searchlights and intercommunication system for aerial work operations at night

(1) The pilot in command of a rotorcraft conducting an aerial work operation that is an SAR operation at night that involves winching and rappelling must not conduct the operation unless the rotorcraft is equipped in accordance with the requirements of this section.

(2) For a winch and rappelling operation at night, the rotorcraft must be equipped with the following:

(a) at least 1 searchlight (the main searchlight) that may be operated, and trained in azimuth and elevation, by the pilot in command whose hands remain on the flying controls;

(b) at least 1 additional searchlight that may be safely operated, and would provide adequate hover reference, if the main searchlight becomes unserviceable;

(c) an intercommunication system, compliant with the requirements of, or approved under, Part 21 of CASR, that permits continuous communication between all flight crew members, air crew members, and task specialists on board the rotorcraft during the operation.

(2A) Despite paragraph 22.07 (2) (c), the intercommunication system is not required to permit continuous communication between all flight crew members, air crew members, and a task specialist (a relevant task specialist) who is:

(a) in the rotorcraft, or outside the aircraft, and about to be, or in the process of being, winched; or

(b) about to rappel, or in the process of rappelling; or

provided that the operator’s operations manual has procedures to be followed for effective communication between the flight crew members, the air crew members and the relevant task specialist.

(3) At least one of the searchlights mentioned in subsection (2) must be a visible‑spectrum searchlight.

(4) If infrared technology is fitted as one of the searchlights mentioned in subsection (2) — the rotorcraft landing light must be positioned to provide hover cues in the event that the visible-spectrum searchlight becomes unserviceable.

Note See also Chapters 9 and 12 of this MOS.

22.08 Carriage of survival equipment etc.

(1) Before an aircraft begins an aerial work operation, the aerial work operator must ensure that the aircraft complies with subsection (2).

(2) The aircraft must carry such serviceable survival and signalling equipment as is reasonably appropriate for each person onboard the aircraft, in the event of a forced landing, to survive the surface conditions of any area over which the operation will be conducted.

(3) Subsection (1) does not apply if:

(a) throughout the operation, the pilot in command is able to maintain continuous radio contact with:

(i) ATS; or

(ii) the aircraft operator, or the operator’s representative; or

(b) the aircraft’s position is continuously monitored on the ground through an automatic continuous tracking system fitted to the aircraft.

22.09 Minimum equipment for NVIS incendiary dropping, NVIS fire mapping and NVIS firebombing

(1) For NVIS incendiary dropping, an aircraft must be equipped with the following:

(a) an NVIS incendiary dropping device (including its associated systems), approved in writing by CASA, which meets at least the specifications set out in an NVIS incendiary dropping device airworthiness bulletin published by CASA for this provision, and as in force from time to time;

(b) fittings and mountings for the NVIS incendiary dropping device, and its directly associated systems, that have design approval under Subpart 21.M of CASR;

(c) 1 standby attitude indicator installation that complies with the requirements set out in column 2 of item 6 of Table 26.12 (7) in the Part 91 MOS.

(2) For NVIS fire mapping, an aircraft must be equipped with the following:

(a) at least 1 GNSS, with a map display, that complies with the requirements of paragraph (a) of the definition of approved GNSS in section 1.07 of the Part 91 MOS;

(b) 1 standby attitude indicator installation that complies with the requirements set out in column 2 of item 6 of Table 26.12 (7) in the Part 91 MOS.

(3) For NVIS firebombing, an aircraft must be:

(a) either:

(i) certified for flight under the IFR; or

(ii) if, on the basis of a safety case that demonstrates a level of safety for the NVIS firebombing operation that is at least equivalent to that of an aircraft certified for operations under the IFR — certified for flight under the NVFR; and

(b) equipped with at least 1 GNSS, with a map display, that complies with the requirements of paragraph (a) of the definition of approved GNSS in section 1.07 of the Part 91 MOS.

CHAPTER 23 FLIGHT CREW TRAINING AND CHECKING

Division 1 Flight crew training and checking events

23.01 Application

(1) This Division applies only to an aerial work certificate holder (an operator) whether or not regulation 138.125 applies to the operator.

(2) For subregulation 138.475 (3), this Division prescribes the requirements relating to training and checking that must be completed by an FCM of an operator, for a flight.

(3) Each requirement set out in this Division for an FCM is a training and checking requirement for subsection (2).

Note Paragraph 138.155 (1) (h) requires aerial work certificate holders to include in their operations manuals the details of each plan, process, procedure, program and system implemented by the holder to safely conduct and manage aerial work operations in compliance with the civil aviation legislation.

23.02 General emergency training and competency

(1) The requirements of this section must be met before a person acts as an FCM for a flight.

(2) The FCM must complete general emergency training that includes the following:

(a) general emergency and survival procedures;

(b) aircraft evacuation procedures;

(d) locating, accessing, and using the emergency equipment and survival equipment on the aircraft;

(e) for a flight that requires life rafts to be carried:

(i) where the flight is in an aeroplane — training in ditching procedures, and training, including in-water practical training, in the use of life jackets and life rafts; and

(ii) where the flight is in a rotorcraft — training in ditching procedures, and training, including in-water practical training, in underwater escape and the use of life jackets and life rafts;

(f) for a flight to which paragraph (e) does not apply but that requires life jackets to be carried or worn:

(i) where the flight is in an aeroplane — training in ditching procedures, and training, including in-water practical training, in the use of life jackets; and

(ii) where the flight is in a rotorcraft — training in ditching procedures, and training, including in-water practical training, in underwater escape and the use of life jackets.

(3) The FCM must:

(a) subject to paragraph (b), successfully complete a general emergency competency check for the operator that covers at least all of the matters mentioned in subsection (2) (as applicable); and

(b) for paragraph (a), successfully complete the check in relation to each kind of aircraft in which the FCM is to conduct operations as an FCM for the operator.

(4) The successful completion of a general emergency competency check for the operator under and for this section is the first previous general emergency competency check for an FCM for the purposes of subsection 23.05 (2).

23.03 Conversion training and proficiency checks

(1) The requirements of this section must be met before a person acts as an FCM for a flight without the direct supervision of a person who meets the requirements of paragraph 138.505 (2) (a) or (b).

(2) The FCM must complete conversion training that includes the following:

(a) training in the duties and responsibilities for the FCM’s position;

(b) training in the procedures relating to the operator’s operations;

(d) normal and emergency procedures for the kind of aircraft used for the flight;

(e) training specific to the kind of aerial work operation being conducted during the flight;

(e) if the FCM will be conducting operations that involve the carriage of aerial work passengers — training in the conduct of an aerial work passenger briefing and safety demonstration for the kind of aircraft being used for the flight.

(3) The FCM must:

(a) subject to paragraph (b), successfully complete a proficiency check for the operator that covers at least all of the matters mentioned in subsection (2); and

(b) for paragraph (a), successfully complete the check in relation to each kind of aircraft in which the FCM is to conduct operations as an FCM for the operator.

(4) The successful completion of a proficiency check for the operator under and for this section is the first previous operator proficiency check for an FCM for the purposes of subsection 23.05 (3).

23.04 Differences training requirements

The FCM must complete the relevant differences training for a flight in accordance with paragraph 61.200 (e) of CASR.

Note 1 An FCM’s receipt of a relevant course completion certificate is evidence of the FCM’s completion of the requirement. In the context of section 23.01, the intent of this requirement is to place an obligation on the operator to ensure that the FCM has completed any differences training required by Part 61. See subsection 23.01 (3).

Note 2 For differences training for a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.

23.05 Recurrent training and checking requirements

(1) The FCM must complete recurrent training and checking for a flight of the operator’s aircraft in accordance with this section.

(2) Recurrent training and checking for the general emergency training matters mentioned in subsection 23.02 (2) must occur at the following intervals:

(a) subject to paragraph (b) — at intervals of not more than 12 months after the previous general emergency competency check covering the matters mentioned in subsection 23.02 (2);

(b) for life jackets, life rafts or underwater escape — at intervals of not more than 3 years after the previous operator competency check for life jackets, life rafts or underwater escape.

(2A) Despite subsection (2), the recurrent training and checking for the general emergency training matters mentioned in paragraphs 23.02 (2) (e) and (f) does not need to include in-water practical training and checking, except for the training and checking in underwater escape.

(3) Recurrent operator proficiency checks, which demonstrate that the FCM is competent to carry out the FCM’s duties for the flight, must occur at the following intervals:

(a) for an FCM of an operator who is not required to have a training and checking system under regulation 138.125 — at intervals of not more than 12 months after the previous operator proficiency check;

Note Paragraph (a) also applies for the FCM of an operator for a relevant operation for which the operator does not hold an applicable CASA approval to extend a training and checking system already required for certain aircraft or operations to include additional operations, or does not hold a CASA approval to voluntarily adopt a training and checking system where the operator would not normally be required to have such a system, under subsections 4.03 (3) or 4.04 (3).

(b) for an FCM who only flies under the VFR by day for an operator who is required to have a training and checking system under regulation 138.125 — not more than 6 months after first commencing unsupervised line operations for the operator and then at intervals of not more than 12 months after the previous operator proficiency check;

(c) for an FCM who flies under the IFR or the NVFR for an operator who is required to have a training and checking system under regulation 138.125 — at intervals of not more than 6 months after the previous operator proficiency check.

Note Paragraphs (b) and (c) also apply for the FCM of an operator for a relevant operation for which the operator holds a CASA approval to extend their existing training and checking system to include the relevant aircraft or operation, or holds a CASA approval to voluntarily adopt a training and checking system for the aircraft or operation where the operator is not normally required under regulation 138.125 to have a training and checking system. See sections 4.03 and 4.04.

(4) A check of competency or proficiency required under this section to be completed at intervals of 12 months or 3 years, is deemed to have been completed on its due date if the check is successfully completed within the 90 days before or after its due date.

Note Thus, the due date does not alter.

(5) A check of competency or proficiency required under this section to be completed at intervals of 6 months, is deemed to have been completed on its due date if the check is successfully completed within the 30 days before or after its due date.

Note Thus, the due date does not alter.

(6) An FCM who fails to demonstrate proficiency or competency, or continuing proficiency or competency, for this section must not conduct a flight unless:

(a) the FCM is directly supervised by a person who meets the requirements of paragraph 138.505 (2) (a) or (b); or

(b) the FCM has met the remedial training requirements in section 23.06.

Note An operator commits an offence if the operator assigns to duty for a flight an FCM who has not been assessed as competent to perform the assigned duties in accordance with the operator’s operations manual: see regulation 138.485.

23.06 Remedial training and checking requirements

(1) This section applies if an FCM fails an operator proficiency check or general emergency competency check for an aerial work operation, for an operator, in a specific kind of aircraft.

(2) Before being assigned to duty as an FCM for a flight in the relevant kind of aircraft, the FCM must:

(a) successfully complete a program of remedial training in relation to the matters in which the FCM failed to demonstrate competency, as identified in the operator proficiency check or general emergency competency check result; and

(b) then successfully complete an operator proficiency check or general emergency competency check for the specific kind of aircraft; and

(c) then have the status of an FCM eligible to carry out an unsupervised aerial work operation flight in the specific kind of aircraft, reinstated by the operator, or by another operator who is aware of the circumstances mentioned in subsection (1).

Division 2 Qualification as pilot in command

23.07 Application

(1) This Division applies to the following operators:

(a) an aerial work certificate holder, whether or not subregulation 138.125 (1) applies to the holder;

(b) a limited aerial work operator.

(2) For paragraph 138.500 (1) (c), this Division prescribes the qualifications and experience a pilot in command must have for a flight for an operator.

23.08 Specific qualifications and experience

(1) For an external load operation that involves a Class D external load in the form of a person suspended from a belly hook, the pilot in command must have at least the following:

(a) 1 000 hours total rotorcraft flight time;

(b) 50 hours on the particular rotorcraft type to be used in the operation;

(d) successfully completed an approved training program for proficiency in sling load operations requiring the carriage of persons (relevant proficiency);

(e) a certificate of relevant proficiency issued by an approved person.

(2) For subsection (1):

approved person means:

(a) a training and check pilot in accordance with Division 3; or

(b) the operator’s head of operations or another pilot provided that such person:

(i) is competent in imparting Class D external load operation training for picking up, carrying and releasing persons suspended from a belly hook (the relevant activity); and

(ii) has, for the purposes of this subparagraph, applied to CASA for, and been granted, an authorisation, under and for the purposes of this subparagraph, to conduct the relevant activity; or

Note Subparts 11.B and 11.BA of CASR apply for applications and grants. CASA will require an applicant to complete a test under regulation 11.035 of CASR to demonstrate competency in imparting relevant training for the relevant activity. CASA will provide the person with CASA’s written assessment of the demonstration.

(c) a person who is competent in imparting Class D external load operation training for picking up, carrying, and releasing persons suspended from a belly hook (the relevant activity), and who also:

(i) holds the training endorsement mentioned in column 1 of item 16 of Table 61.1235 of CASR; and

(ii) has, for the purposes of this subparagraph, applied to CASA for, and been granted, an authorisation, under and for the purposes of this subparagraph, to conduct the relevant activity.

(3) For an aerial work operation that is a marine pilot transfer, the pilot in command must have the qualifications and experience specified by the operator in relation to the following matters:

(a) the relevant supervised day and night training;

(b) the relevant minimum number of supervised day and night transfers;

(d) the relevant recent aeronautical experience in marine pilot transfer operations.

Division 3 Individuals who conduct training and checking

23.09 Application

(1) This Division applies only to an aerial work certificate holder (the operator).

(2) For subparagraph 138.505 (2) (a) (ii), this Division prescribes the requirements for an individual mentioned in paragraph (a) of the definition of approved person in Division 2 (the relevant trainer or checker) to conduct the training or check mentioned in Division 1.

Note 1 This Division applies only to an FCM of an aerial work certificate holder due to subregulation 138.005 (3).

Note 2 Paragraph 138.155 (1) (h) requires an aerial work certificate holder to include in the operations manual the details of each plan, process, procedure, program and system implemented by the operator to safely conduct and manage aerial work operations in compliance with the civil aviation legislation.

Note 3 For any training or competency assessment of an FCM that is to be relied upon by the FCM for the issue or revalidation of a qualification under Part 61 of CASR, the person conducting the training or competency assessment must:

(a) be the holder of the same qualification under Part 61; and

(b) meet any additional requirements prescribed in Part 61 for the issue or the revalidation.

23.10 Requirements for individuals conducting training and checking

(1) For an operator who is not required to have a training and checking system under regulation 138.125 — a relevant trainer or checker must be:

(a) the operator’s head of operations — provided that person satisfies the operator’s requirements to perform a training or a competency assessment role; or

(b) another individual who:

(i) satisfies the operator’s requirements to perform a training or a competency assessment role; and

(ii) holds 1 of the following, authorising conduct of the training or competency assessment:

(A) a flight instructor rating;

(B) a flight examiner rating;

Note For training or competency assessment in a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 authorisations.

(i) has met the training and assessment requirements set out in the operator’s operations manual for a relevant trainer or checker for the general emergency training or competency assessment (as applicable); and

(ii) is nominated by the operator to conduct the general emergency training or competency assessment, or both, for the operator.

Note See subsection 23.10 (3) for the method of nomination.

(2) For an operator who is required to have a training and checking system under regulation 138.125 — a relevant trainer or checker must:

(a) meet the minimum experience and entry control requirements for a training pilot, a check pilot, or a training and check pilot (as the case may be, hereafter training and check pilot); and

(b) complete the training program for a training and check pilot; and

(c) has met the relevant recency or proficiency requirements that are required for the conduct of the training or check, as stated in the operator’s training and checking system manual; and

(d) subject to subsection (4), be nominated by the operator to be a training and check pilot for the operator’s training and checking system (a nominated individual).

Note Subsection (2) also applies if the operator holds a CASA approval to extend their existing training and checking system to include the relevant aircraft or operation, or holds a CASA approval to voluntarily adopt a training and checking system for the aircraft or operation where the operator is not normally required under regulation 138.125 to have a training and checking system. See sections 4.03 and 4.04.

(3) For subparagraph (1) (c) (ii) and paragraph (2) (d), the nomination must be in the operator’s operations manual or training and checking manual (as applicable), and state that the individual meets the requirements set out in subparagraph (1) (c) (ii), or paragraphs (2) (a), (b) and (c), as applicable.

(4) An individual is not required to be nominated under paragraph (2) (d) if the individual holds any of the following:

(a) a Part 61 flight instructor rating with an appropriate training endorsement and current flight proficiency check in the class or type of aircraft to be used for the relevant training or check;

(b) a Part 61 flight examiner rating with an appropriate flight examiner endorsement and current examiner proficiency check in the class or type of aircraft to be used for the relevant training or check;

(c) an approval under regulation 61.040 that confers privileges equivalent to those under paragraph (a) or (b) for the relevant training or check.

23.11 CASA may test nominated individuals

(1) This section is for subparagraph 23.10 (1) (c) (ii) and paragraph 23.10 (2) (d).

(2) CASA may, at any reasonable time, test a nominated individual in order to be satisfied of the individual’s competency to perform the role of a relevant trainer or checker (the nominated role).

(3) For subsection (2), CASA must give the nominated individual a written notice if CASA requires that the individual must undertake a test of knowledge, skill or competence relevant to the nominated role.

Note If CASA conducts an assessment of an individual and determines that the individual should not be permitted to conduct training or checks, then CASA has the ability under Subpart 11.G of CASR to direct an individual to undertake further training before commencing or continuing in the training or checking role.

(4) The time and location of the test specified in a notice under subsection (3) must be reasonable in the circumstances.

(5) CASA must give the nominated individual a copy of the record of any test, including the testing officer’s assessment of individual’s competence during the test.

Note to Part 138 (Aerial Work Operations) Manual of Standards 2020

The Part 138 Manual of Standards 2020 (in force under the Civil Aviation Safety Regulations 1998, and the Acts Interpretation Act 1901) as shown in this compilation comprises the Part 138 (Aerial Work Operations) Manual of Standards 2020 amended as indicated in the Tables below.

Table of Manual of Standards and Amendments

Year and number	Date of registration on FRL	Date of commencement	Application, saving or transitional provisions
Part 138 (Aerial Work Operations) Manual of Standards 2020	3 November 2019 (F2020L01402)	2 December 2021 (see s. 1.02)	—
Part 91, Part 133 and Part 138 Manuals of Standards — NVIS Amendments Instrument 2021 (No. 1)	24 November 2021 (F2021L01591)	2 December 2021 (see s. 2)	—
Part 138 MOS Amendment Instrument 2021 (No. 1)	24 November 2021 (F2021L01595)	2 December 2021 (see s. 2)	—
Part 138 MOS Amendment Instrument 2022 (No. 1).	3 January 2023 (F2023L00004)	4 January 2023 (see s. 2)	—
Part 138 MOS Amendment Instrument 2023 (No. 1)	23 March 2023 (F2023L00324)	27 March 2023 (see s. 2)	—
Part 133, Part 135 and Part 138 Manuals of Standards – Miscellaneous Minor Matters – Amendment Instrument 2024	9 April 2024 (F2024L00435)	(10 April 2024) (see s. 2)	—

Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
s. 1.03A	ad. F2021L01595
s. 1.03B	ad. F2021L01595
s. 1.03C	ad. F2021L01595
s. 1.04	am. F2021L01591, F2021L01595, F2023L00004
s. 1.06	am. , F2023L00004
s. 1.07	am. F2021L01595
s. 3.01	am. F2021L01595 rs. F2023L00004
s. 4.02	am. F2021L01595
s. 4.03	ad. F2023L00004 am. F2024L00435
s. 4.04	ad. F2023L00004 am. F2024L00435
s. 7.03	rs. F2021L01595
s. 8.03	am. F2023L00004
s. 9.02	am. F2021L01591
s. 9.04	am. F2021L01591
s. 9.05	am. F2021L01595
s. 9.06	am. F2021L01595
s. 9.14	am. F2021L01591
s. 9.15	am. F2023L00004
s. 9.16	am. F2021L01595
s. 9.20	am. F2021L01595
Chapter 9, Division 6 heading	rs. F2021L01595
s. 11.01	am. F2021L01591
s. 11.03	am. F2021L01591
s. 11.04	am. F2023L00004
s. 11.05	am. F2023L00004
s. 11.06	am. F2023L00004
s. 11.07	ad. F2021L01595 rs. F2023L00004
s. 12.01	rs. F2021L01591
s. 12.02	rs. F2021L01591
s. 12.03	ad. F2021L01591 am. F2023L00004
s. 12.04	ad. F2021L01591
s. 12.05	ad. F2021L01591
s. 12.06	ad. F2021L01591
s. 12.07	ad. F2021L01591
s. 12.08	ad. F2021L01591
s. 12.09	ad. F2021L01591 am. F2023L00004
s. 12.10	ad. F2021L01591
s. 12.11	ad. F2021L01591
s. 13.04	am. F2021L01595
s. 13.09	am. F2023L00004
s. 14.02	am. F2021L01595, F2023L00004, F2023L00324
s. 15.01	am. F2023L00324
s. 15.03	rs. F2021L01595
s. 15.04	am. F2023L00004
s. 15.06	am. F2021L01595, F2023L00004, F2023L00324
s. 15.07	am. F2023L00324
s. 15.08	am. F2021L01591, F2021L01595
s. 15.09	am. F2023L00324
s. 15.10	rs. F2023L00004
s. 15.11	am. F2021L01591
s. 16.01	rs. F2021L01591
s. 16.04	ad. F2021L01591
s. 16.05	ad. F2021L01591
s. 16.06	ad. F2021L01591 am. F2023L00004
s. 16.07	ad. F2021L01591
s. 16.08	ad. F2021L01591
s. 16.09	ad. F2021L01591
s. 16.10	ad. F2021L01591
s. 17.02	am. F2021L01595, F2023L00004
s. 17.07	am. F2021L01595, F2023L00004
s. 17.08	am. F2023L00004
s. 17.09	am. F2021L01595
Chapter 17, Division 4 heading (second occurring)	rs. F2024L00435
s. 17.10	ad. F2021L01591
s. 17.11	ad. F2021L01591
s. 17.12	ad. F2021L01591
s. 18.04	am. F2021L01595
s. 22.03	am. F2021L01595
s. 22.05	rs. F2021L01595
s. 22.06	am. F2021L01595
s. 22.07	am. F2021L01591, F2023L00004
s. 22.08	am. F2021L01595
s. 22.09	ad. F2021L01591
s. 23.02	am. F2021L01595
s. 23.03	am. F2021L01595
s. 23.04	am. F2023L00004
s. 23.05	am. F2021L01595, F2024L00435
s. 23.06	am. F2021L01595
s. 23.10	am. F2021L01595, F2023L00004, F2024L00435
s. 23.11	am. F2021L01595
s. 24.01	am. F2024L00435
s. 24.02	am. F2021L01595
s. 24.03	am. F2024L00435
s. 25.02	am. F2024L00435
s. 25.03	am. F2024L00435