Part 138 (Aerial Work Operations) Manual of Standards 2020 (Cth)
Part 138 (Aerial Work Operations) Manual of Standards 2020
(as amended)
made under regulations 138.020 and 201.025 of the Civil Aviation Safety Regulations 1998, and section 4 of the Acts Interpretation Act 1901.
This compilation was prepared on 27 March 2023 taking into account amendments up to Part 138 MOS Amendment Instrument 2023 (No. 1). It is a compilation of Part 138 (Aerial Work Operations) Manual of Standards 2020 as amended and in force on 27 March 2023.
Prepared by the Advisory and Drafting Branch, Legal, International and Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.
Compilation No. 3
Contents
Note This Table of Contents is for guidance only. It is not a formal part of the Part 138 (Aerial Work Operations) Manual of Standards 2020. See subsection 1.01 (4).
Page
CHAPTER 1PRELIMINARY AND DEFINITIONS
Division 1 Preliminary
1.01 Name of instrument
1.02 Commencement
1.03 Application
1.03A References to instruments and documents
1.03B References to ICAO documents
1.03C References to AS/NZS standards, TSOs, ETSOs, (E)TSOs
Division 2 Definitions — general
1.04 Definitions etc.
Division 3 Definitions — AWZ
1.05 Aerial work zone (AWZ)
Division 4 Definition of suitable forced landing area
1.06 Suitable forced landing area
Division 5 Definition of SAR, search, and rescue
1.07 SAR, search and rescue
CHAPTER 2PRESCRIPTIONS FOR CLASSES OF EXTERNAL LOAD AND CLASSES OF AERIAL WORK PASSENGERS
2.01 Classes of external loads
2.02 Aerial work passengers — classes of persons
CHAPTER 3OTHER PRESCRIBED BODIES AND ORGANISATIONS INCLUDED IN, OR EXCLUDED FROM, DEFINITIONS FOR PART 138 OF CASR
3.01 Other operations excluded from definition of aerial work operation
3.02 Task specialists included in definition
3.03 Authorities for emergency service operations
CHAPTER 4TRAINING AND CHECKING SYSTEM
4.01 Application
4.02 Training and checking system
4.03 Voluntary extension of a mandatory training and checking system
4.04 Voluntary adoption of a training and checking system for nominated operations
CHAPTER 5SAFETY MANAGEMENT SYSTEM
5.01 Application
5.02 Safety management systems
CHAPTER 6PERSONNEL FATIGUE MANAGEMENT
6.01 Application
6.02 Personnel fatigue management
CHAPTER 7 OPERATIONS MANUAL
7.01 Application
7.02 Minimum distance from an object
7.03 Requirements for prescribed single-engine aeroplane (PSEA)
CHAPTER 8OPERATIONAL DOCUMENTS
8.01 Application
8.02 Compliance with the aircraft flight manual (AFM)
8.03 Avoid area of the HV curve chart of a rotorcraft AFM
CHAPTER 9FLIGHT RULES — MINIMUM HEIGHT
Division 1 Preliminary
9.01 Application
9.02 Minimum height rules
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
Division 3 Rotorcraft — IFR flight and VFR flight at night
9.04 Requirements for rotorcraft IFR flight, and VFR flight at night, below minimum height
9.05 When no suitable forced landing area is available
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
9.07 Distance and obstacle requirements etc.
9.08 Crew requirements
9.09 Persons who may be carried during the flight
9.10 Flight below 1 500 ft in IMC or at night
9.11 Radar and instruments
9.12 Visibility
9.13 Minimum altitude
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
9.15 Operating crew
9.16 Rotorcraft requirements
9.17 The flight and obstacles
9.18 Weather may determine the persons who may be carried
9.19 Requirements for descent
9.20 Use of the automatic flight control system (AFCS)
9.21 Use of the flight director (FD)
Division 6 Aircraft flight over populous areas and public gatherings
9.22 Requirements for aeroplane flight over populous areas or public gatherings
9.23 Requirements for rotorcraft flight over populous areas or public gatherings
CHAPTER 10 RESERVED
CHAPTER 11 CARRIAGE OF AERIAL WORK PASSENGERS OR AERIAL WORK CARGO
11.01 Application
11.02 Carriage of 1 to 9 aerial work passengers in IFR flights
11.03 Carriage of 1 or 2 aerial work passengers in VFR flights at night
11.04 Carriage of 3 to 9 aerial work passengers in VFR flights at night
11.05 Carriage of 10 or more aerial work passengers
11.06 Requirements for aerial work passengers
11.07 Carriage of 1 or more aerial work passengers over water
CHAPTER 12 NIGHT VISION IMAGING SYSTEMS
Division 1 Purpose, application and definitions
12.01 Purpose
12.02 Application
12.03 Definitions
Division 2 — Requirements for NVIS operations
12.04 General HLS-NVIS requirements
12.05 HLS-NVIS standard
12.06 HLS-NVIS basic
12.07 No formation flights
12.08 Alternate aerodrome lighting requirements
12.09 Aircraft lighting requirements
12.10 Requirements related to NVIS crew members
12.11 Weather requirements — cloud
CHAPTER 13 RISK ASSESSMENTS (INCLUDING AWZ-RAs)
Division 1 Risk — general
13.01 Application
13.02 Risk criteria — all operators
13.03 Risk assessment and mitigation — all operators
13.04 Risk assessment matters — all operators
13.05 Risk assessment and mitigation processes — limited aerial work operators
13.06 Risk assessment and mitigation processes — aerial work certificate holders only
13.07 Procedures for risk assessment and mitigation processes
Division 2 AWZ-RA — risk and related requirements
13.08 Application
13.09 Preparation of an AWZ-RA — aerial work operations
CHAPTER 14 SEATBELTS AND OTHER RESTRAINT DEVICES
14.01 Application
14.02 Wearing of seatbelts and other restraint devices
14.03 Safety harness or a restraint strap
CHAPTER 15 RULES FOR EXTERNAL LOAD OPERATIONS
Division 1 Class D external loads
15.01 Application
15.02 Persons who may be carried as external loads
15.03 RESERVED
15.04 Equipment requirements if person carried on or in an attachment to an aircraft
15.05 Classes of persons who may be picked-up or set-down
15.06 Operational requirements if a person is picked-up or set-down
Division 2 General requirements
15.07 Requirements for external loads
15.08 Helicopter external load operations at night over water, including SAR
15.09 Approvals required for Class C and Class E external load operations
15.10 External load operations over an AWZ
15.11 External load operations at night
15.12 Additional requirements for Class E external loads
15.13 Towed and long loads must be jettisonable
CHAPTER 16 REQUIREMENTS FOR DISPENSING OPERATIONS
Division 1 Preliminary
16.01 Application
16.02 Dispensing operations to be in VMC
16.03 Requirements for dispensing operations
Division 2 NVIS firebombing
16.04 Application
16.05 Compliance
16.06 Crew composition, qualification and experience
16.07 Use of a belly tank
Division 3 — NVIS incendiary dropping
16.08 Application
16.09 Compliance
16.10 Crew composition, qualification and experience
CHAPTER 17 REQUIREMENTS FOR TASK SPECIALIST OPERATIONS
Division 1 Preliminary
17.01 Application
Division 2 Aerial mustering operations
17.02 Pilot qualifications and experience
Division 3 Firearms and aerial work operations
17.03 Application
17.04 Possession and carriage of a firearm
17.05 Pilot requirements for aerial platform shooting
17.06 Task specialist requirements — discharge of firearms
17.07 Additional requirements — discharge of firearms
17.08 Communication requirements
Division 4 Marine pilot transfer
17.09 Task specialist marine pilot transfer operations
Division 4 — NVIS fire mapping
17.10 Application
17.11 Compliance
17.12 Crew composition, qualification, and experience
CHAPTER 18 PERFORMANCE – TAKE-OFF AND LANDING – AIRCRAFT
Division 1 Take-off and landing performance – large aeroplanes – all aerial work operations
18.01 Application
18.02 Take-off and landing performance for large aeroplanes
Division 2 Take-off and landing performance – rotorcraft – aerial work certificate holders only
18.03 Application
18.04 Take-off and landing performance for rotorcraft operated with OEI accountability
Division 3 Take-off and landing performance – other aircraft – all aerial work operations
18.05 Application
18.06 Take-off and landing performance for other aircraft
CHAPTER 19 RESERVED
CHAPTER 20 RESERVED
CHAPTER 21 WEIGHT AND BALANCE
21.01 Application
21.02 Procedures for loading aircraft — document carriage
21.03 Weight and balance documents
CHAPTER 22 EQUIPMENT
22.01 Application
22.02 Purpose
22.03 Approval of equipment
22.04 Visibility and accessibility of equipment
22.05 Serviceability of equipment
22.06 Usage monitoring system requirements
22.07 Searchlights and intercommunication system for aerial work operations at night
22.08 Carriage of survival equipment etc.
22.09 Minimum equipment for NVIS incendiary dropping, NVIS fire mapping and NVIS firebombing
CHAPTER 23 FLIGHT CREW TRAINING AND CHECKING
Division 1 Flight crew training and checking events
23.01 Application
23.02 General emergency training and competency
23.03 Conversion training and proficiency checks
23.04 Differences training requirements
23.05 Recurrent training and checking requirements
23.06 Remedial training and checking requirements
Division 2 Qualification as pilot in command
23.07 Application
23.08 Specific qualifications and experience
Division 3 Individuals who conduct training and checking
23.09 Application
23.10 Requirements for individuals conducting training and checking
23.11 CASA may test nominated individuals
CHAPTER 24 AIR CREW MEMBER TRAINING AND CHECKING
24.01 Application
24.02 Training and proficiency checks, recurrent proficiency check requirements and general emergency competency
24.03 Who is to conduct training and checking
24.04 CASA may test nominated individuals
CHAPTER 25 TASK SPECIALIST TRAINING AND CHECKING
25.01 Application
25.02 Required training and checking
25.03 Conduct of training and checking by an aerial work certificate holder
25.04 Conduct of training and checking by a limited aerial work operator
Part 138 (Aerial Work Operations) Manual of Standards 2020
CHAPTER 1 PRELIMINARY AND DEFINITIONS
Division 1 Preliminary
1.01 Name of instrument
(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: 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
(c) is not jettisonable; 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
(c) carried above or below the rotorcraft’s landing gear; 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
(c) part of which remains in contact with land or water during the lifting.
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
(c) either:
(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;
(c) for a VFR flight at night — regulation 91.277;
(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
(c) operating OEI with the capability to do all of the following:
(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);
(c) a person in custody;
(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.
Vminimeans 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
(c) to a person meeting, or being required to meet, any other requirement for or under Part 61 for the operation;
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
(c) where one or more of the following events might occur:
(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;
(c) if an aerial work passenger is carried — the area of water must be:
(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;
(c) the Australian Maritime Safety Authority.
search and rescue operation means an aerial work operation whose primary purpose is a combined search and rescue.
CHAPTER 2 PRESCRIPTIONS FOR CLASSES OF EXTERNAL LOAD AND CLASSES OF AERIAL WORK PASSENGERS
2.01 Classes of external loads
For subregulation 138.410 (3), the following classes of external load operations are prescribed:
(a) a Class A external load, as defined in subsection 1.04 (6);
(b) a Class B external load, as defined in subsection 1.04 (6);
(c) a Class C external load, as defined in subsection 1.04 (6);
(d) a Class D external load, as defined in subsection 1.04 (6);
(e) a Class E external load, as defined in subsection 1.04 (6).
2.02 Aerial work passengers — classes of persons
(1) The following classes of persons are prescribed for the definition of aerial work passenger in the CASR Dictionary:
(a) persons:
(i) present for a purpose, other than mere convenience or enjoyment, that is reasonably and closely associated with the purpose of the operator’s aerial work operations; and
(ii) mentioned in the operations manual in a section describing:
(A) why the person is present; and
(B) the procedures for the person’s safety and personal awareness of risks;
Note Examples of persons mentioned in paragraph (1) (a) include persons whose absence would be likely to do any of the following:
(a) increase the risks associated with the operation;
(b) make the operation longer in duration;
(c) result in the operation being frustrated or incomplete;
(d) result in training and checking objectives not being accomplished;
(e) result in safety information not being collected for the operator’s safety management system.
(b) persons carried on positioning flights.
Note See the definition of positioning flight in subsection 1.04 (6).
(2) The following classes of persons are also prescribed for the definition of aerial work passenger in the CASR Dictionary:
(a) persons rescued as part of search and rescue operations;
(b) restricted persons if the flights are conducted as part of emergency service operations;
(c) emergency service operation personnel if the flights are conducted as part of emergency service operations;
(d) marine pilots, when being transferred to or from ships requiring the services of a marine pilot.
Note See also section 11.06.
CHAPTER 3 OTHER PRESCRIBED BODIES AND ORGANISATIONS INCLUDED IN, OR EXCLUDED FROM, DEFINITIONS FOR PART 138 OF CASR
3.01 Other operations excluded from definition of aerial work operation
For paragraph 138.010 (5) (g), the following operations are not included within the definition of aerial work operation:
(a) an operation in which an aircraft tows a thing, and the pilot in command of the aircraft meets the requirement mentioned in paragraph 91.210 (2) (a);
Note Paragraph 91.210 (2) (a) refers to a towing approval.
(b) an operation that is a flight test for an experimental aircraft conducted under an experimental certificate;
(c) an operation that is a maintenance test flight;
(d) an operation where a person undertaking a parachute descent in accordance with Part 105 of CASR causes a thing to be dropped:
(i) from the aircraft before the descent; or
(ii) during the descent;
(e) an operation that is aerial spotting, carried out in a weight-shift-controlled aeroplane type certificated in the primary category whose operation is administered by a sport aviation body.
3.02 Task specialists included in definition
(1) For paragraph 138.015 (2) (a) of the definition of task specialists, this section prescribes kinds of crew members who are task specialists.
(2) In a task specialist operation where only flight crew are carried on the aircraft, each FCM is prescribed as a task specialist for the flight.
(3) In a task specialist operation where an air crew member is required to be carried for the flight, the air crew member is prescribed as a task specialist for the flight, if the air crew member:
(a) is required to carry out a task specialist function on the flight; and
(b) has been trained and found competent to carry out the function.
(4) In a flight (the first flight), solely to position for a subsequent task specialist operation, a person carried in order to be the task specialist in the subsequent operation is prescribed as a task specialist for the first flight.
3.03 Authorities for emergency service operations
The following authorities are each prescribed for paragraph (b) of the definition of emergency service operation in the CASR Dictionary:
(a) the Australian Federal Police;
(b) the Australian Defence Force;
(c) the Australian Maritime Safety Authority;
(d) the Australian Border Force;
(e) a State or Territory police service;
(f) a State or Territory fire service;
(g) a State or Territory emergency service;
(h) a State or Territory parks, wildlife or forestry service;
(i) a State or Territory surf lifesaving service.
CHAPTER 4 TRAINING AND CHECKING SYSTEM
4.01 Application
This Chapter applies only to an aerial work certificate holder.
4.02 Training and checking system
(1) For paragraph 138.125 (1) (c), an aerial work certificate holder who conducts one or more of the following operations must have a training and checking system:
(a) an operation using offshore airborne radar approach procedures in accordance with section 8.6 of the Part 173 MOS;
(b) an operation using the descent and operational procedures set out in Division 3, 4 or 5 of Chapter 9, as the case requires;
(c) an operation for the purposes of training and checking air crew members under Chapter 24 of this MOS;
(d) an operation using a multi-engine rotorcraft with MTOW above 3 175 kg that is type certificated in the restricted category;
(e) an operation that is an NVIS operation.
(2) Paragraph (1) (b) does not apply if the operation is a task specialist operation for the purpose of protecting agricultural crops from frost.
4.03 Voluntary extension of a mandatory training and checking system
(1) For paragraph 138.020 (b), this section applies to an aerial work operator who conducts operations in an aeroplane or a rotorcraft if the operator is required, under regulation 138.125, to have a training and checking system (the operator’s T&CS) for an operation (a prescribed operation).
(2) The operator may voluntarily elect to extend the requirements of the operator’s T&CS to 1 or more of the operator’s operations to which regulation 138.125 does not apply (a relevant operation).
(3) However, an election mentioned in subsection (2), may only take effect on and from the day that CASA approves the operator’s voluntary extension under regulation 138.025.
(4) An approval under subsection (3) must be based on the operator’s safety case and any other information that CASA considers relevant.
(5) The operator’s safety case must describe:
(a) the nature, size, scope, complexity, and purpose of, and the aircraft to be used in, the relevant operation; and
(b) how and why the extension of the operator’s T&CS to both prescribed operations and relevant operations will not have an adverse effect of the safety of either kind of operation.
(6) It is a condition of an approval that:
(a) the requirements of regulations 138.130 and 138.135 must be complied with for the relevant operation as if they applied to the operation under regulation 138.125; and
(b) the operator’s operations must contain procedures for the safe and effective extension of the operator’s T&CS to the relevant operation.
4.04 Voluntary adoption of a training and checking system for nominated operations
(1) For paragraph 138.020 (b), this section applies to an aerial work operator who conducts operations in an aeroplane or a rotorcraft if the operator is not required, under regulation 138.125, to have a training and checking system for the operator’s operations.
(2) The operator may voluntarily adopt a training and checking system for the operator’s nominated operations (a voluntary T&CS).
(3) However, adoption of a voluntary T&CS may only take effect on and from the day that CASA approves the operator’s voluntary extension under regulation 138.025.
(4) An approval under subsection (3) must be based on the operator’s safety case and any other information that CASA considers relevant.
(5) The operator’s safety case must describe:
(a) the nature, size, scope, complexity, and purpose of, and the aircraft to be used in, the nominated operations; and
(b) how and why the application of a voluntary T&CS to the operations will not have an adverse effect on aviation safety.
(6) It is a condition of an approval that:
(a) the requirements of regulations 138.130 and 138.135 must be complied with for the nominated operations as if they applied to the operations under regulation 138.125; and
(b) the operator’s operations must contain procedures for the safe and effective extension of the operator’s T&CS to the nominated operations.
CHAPTER 5 SAFETY MANAGEMENT SYSTEM
5.01 Application
This Chapter applies only to an aerial work certificate holder.
5.02 Safety management systems
(1) For paragraph 138.140 (1) (c), an aerial work certificate holder who conducts one or more of the following must have a safety management system:
RESERVED
(2) For subregulation 138.140 (2), an aerial work certificate holder is not required to have a safety management system for an aerial work operation conducted in an aeroplane if the following circumstances apply to the aeroplane:
RESERVED
(3) For subregulation 138.140 (2), an aerial work certificate holder is not required to have a safety management system for an aerial work operation conducted in a rotorcraft if the following circumstances apply to the rotorcraft:
RESERVED
CHAPTER 6 PERSONNEL FATIGUE MANAGEMENT
6.01 Application
This Chapter applies to the following operators:
(a) an aerial work certificate holder;
(b) a limited aerial work operator.
6.02 Personnel fatigue management
(1) For subregulation 138.150 (1), this Chapter applies to the external load, dispensing and task specialist operations of an operator.
(2) For subregulation 138.150 (2), an aerial work certificate holder must comply, and ensure that FCMs comply, with CAO 48.1 as if the holder were an Air Operator Certificate (AOC) holder.
(3) A limited aerial work operator must ensure that a pilot in a limited aerial work operation complies with paragraph 4.4 and subsection 16 of CAO 48.1.
CHAPTER 7 OPERATIONS MANUAL
7.01 Application
This Chapter applies only to an aerial work certificate holder (the operator).
7.02 Minimum distance from an object
(1) For subregulation 138.210 (3), if the distances mentioned in subsection (2) are not mentioned in the AFM, then, the distances are the appropriate substitute distances that the operator includes in the operations manual for this purpose.
(2) For subsection (1), the distances are the minimum distances a rotorcraft must be from an object during the take-off, take-off and initial climb, approach and landing, and baulked landing climb, phases of flight.
7.03 Requirements for prescribed single-engine aeroplane (PSEA)
(1) Subject to subsection (2), for regulation 138.020, aerial work operations may be conducted in a PSEA of a kind prescribed by paragraph 8.03 (b) of the Part 135 MOS.
Note Under paragraph 8.03 (b) of the Part 135 MOS, the aeroplane’s type acceptance certificate must state the relevant eligibility to be a PSEA.
(2) The following aerial work operations may be conducted in a PSEA only if the operator’s operations manual includes the procedures for PSEA operations that are specified in Chapter 8 of the Part 135 MOS for the purposes of subregulation 135.240 (3) of CASR:
(a) an operation for the carriage of 4 or more aerial work passengers mentioned in, and in accordance with, paragraph 11.02 (1) (b) of this MOS;
(b) an operation for the carriage of 4 or more aerial work passengers mentioned in, and in accordance with, paragraph 11.04 (1) (b) of this MOS.
CHAPTER 8 OPERATIONAL DOCUMENTS
8.01 Application
This Chapter applies to the following operators:
(a) an aerial work certificate holder;
(b) a limited aerial work operator.
8.02 Compliance with the aircraft flight manual (AFM)
For subregulation 138.210 (3), the requirements and limitations relating to the operation of an aircraft, as set out in the AFM instructions for the aircraft, need not be complied with by the operator, or the operator’s pilot in command, of a rotorcraft mentioned in subsection 8.03 (1) if the circumstances mentioned in subsection 8.03 (2) apply to the aircraft for the flight.
8.03 Avoid area of the HV curve chart of a rotorcraft AFM
(1) For section 8.02, the rotorcraft (the relevant rotorcraft):
(a) must be the subject of:
(i) a type certificate in the transport category, whether issued by CASA or by another NAA; and
(ii) a certificate of airworthiness, or an authorisation (however described) issued by the NAA of a Contracting State that is equivalent to a certificate of airworthiness; and
(b) must have an AFM limitation or requirement in relation to operations inside the avoid area of the HV envelope; and
(c) must be conducting one of the following operations:
(i) an emergency service operation at an ESO operating site, for which the rotorcraft’s operator and crew have:
(A) conducted an operational risk assessment; and
(B) found the site to be a suitable place to operate the rotorcraft safely;
(ii) an external load operation.
(2) For section 8.02, the circumstances are that it would be impossible for the rotorcraft to carry out the operation if, for the operation, the operator were to direct the pilot in command to attempt, and the pilot in command were to attempt, to comply with the AFM limitation or requirement in relation to operations inside the avoid area of the HV envelope.
Note Nothing in subsection 8.03 (2) affects the application of AFM limitations and requirements in relation to assessment of rotorcraft performance.
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:
(c) give public notice of the intended operation by the most appropriate method for the circumstances; and
(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
(c) for which the area of the operation is adequately illuminated with flood lighting.
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
(c) sub-subparagraph 11.03 (1) (d) (iv) (B) (carriage of 1 but no more than 2 aerial work passengers in night VFR; 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;
(c) the flight must comply with the other requirements set out in this Division.
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;
(c) if the aircraft is an aeroplane:
(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;
(C) 60 kts; and
(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;
(c) a navigation system.
(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
(c) there is a RAIM warning or any reason to doubt the integrity of the GNSS‑derived information; 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:
(c) the category of aircraft used in the operation; and
(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);
(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;
(c) procedures for dealing with specific emergency situations;
(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;
(c) training in the standard operating procedures for the aircraft used for the flight;
(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;
(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.
(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;
(c) 100 hours in vertical reference operations;
(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.
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.
(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;
(c) the relevant minimum number of supervised day and night shipboard landings and take-offs;
(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;
(C) a relevant approval under regulation 61.040 of CASR; or
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.
(c) for the purposes of general emergency training and competency assessment — an individual who:
(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 in writing by the operator to conduct the general emergency training or competency assessment, or both, for the operator.
(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) meet the relevant recency or proficiency requirements for the aerial work operation that is the subject of the training and checking, as set out in the operator’s operations manual and in CAR and CASR; and
(d) be nominated in writing by the operator to be a training and check pilot for the operator’s training and checking system (a nominated individual).
For subparagraph (1) (c) (ii) and paragraph (2) (d), the nomination must be in the operator’s operations manual and state that the individual meets the requirements set out in subparagraph (1) (c) (ii), or paragraphs (2) (a), (b) and (c), as applicable.
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.
CHAPTER 24 AIR CREW MEMBER TRAINING AND CHECKING
24.01 Application
(1) This Chapter applies in relation to the training and checking of an air crew member of the following operators:
(a) an aerial work certificate holder;
(b) a limited aerial work operator.
(2) All air crew member training and checking must be conducted by an aerial work certificate holder to whom subregulation 138.125 (1) applies.
Note Under subregulation 138.550 (2), the training or checking of an air crew member must be done by an individual who meets the requirements of this Chapter. Through the combined effect of paragraph 138.125 (1) (c) of these Regulations and paragraph 4.02 (1) (c) of this MOS, certain operators, who are, in effect, aerial work certificate holders, must have a formal training and checking system if they are conducting the training or checking of air crew members.
24.02 Training and proficiency checks, recurrent proficiency check requirements and general emergency competency
For subregulation 138.540 (3), sections 23.02, 23.03, 23.05 and 23.06 apply to the operator for an air crew member as if:
(a) references in those sections to an FCM were references to an air crew member; and
(b) paragraph 23.05 (3) (b) applies to operations conducted under the VFR and the IFR; and
(c) paragraph 23.05 (3) (c) does not apply.
24.03 Who is to conduct training and checking
(1) For paragraph 138.550 (2) (b), the training and checking undertaken by an air crew member for any of the following:
(a) an aerial work certificate holder’s aerial work operation;
(b) a limited aerial work operator;
must be conducted by an individual who meets the requirements set out in subsection (2).
Note See also subsection 24.01 (2).
(2) For subsection (1), the individual must:
(a) meet the minimum experience and entry control requirements for a training air crew member, a check air crew member, or a training and check air crew member (air crew trainer and/or checker, as the case may be) as set out in the operator’s operations manual; and
(b) complete the training program for an air crew trainer and/or checker, as the case may be, as set out in the operator’s operations manual; and
(c) meet the relevant recency requirements for the aerial work operation that is the subject of the training and checking, as specified in the operator’s operations manual; and
(d) be nominated in writing by the operator to be an air crew trainer and/or checker, as the case may be for the operator’s training and checking system (a nominated individual).
(3) For paragraph (2) (d), the nomination must:
(a) be in:
(i) an operations manual entry; or
(ii) some other document that is provided to CASA; and
(b) state that the individual meets the requirements set out in paragraphs (2) (a), (b), (c) and (d).
24.04 CASA may test nominated individuals
(1) This section is for paragraph 24.03 (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 air crew trainer and/or checker, as the case may be (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.
CHAPTER 25 TASK SPECIALIST TRAINING AND CHECKING
25.01 Application
Unless it provides otherwise, this Chapter applies to the following (an operator):
(a) an aerial work certificate holder; and
(b) a limited aerial work operator.
25.02 Required training and checking
(1) For subregulation 138.580 (3), the operator must ensure that, before performing unsupervised duties on a flight (the relevant duties), a task specialist is competent in carrying out the operator’s normal, abnormal and emergency procedures for the aircraft and the operation that are relevant to the task specialist’s duties for the flight (the relevant procedures).
Note The competency check in a simple operation may take the form of a pre-flight briefing by the pilot in command. But the operator should be satisfied that such a briefing can adequately cover the relevant procedures, and that the task specialist is competent to carry out them out.
(2) The relevant procedures must be:
(a) appropriate to:
(i) the nature, size and complexity of the aircraft and the operation; and
(ii) the nature and complexity of the relevant duties; and
(b) for an aerial work certificate holder — set out in the holder’s operations manual; and
(c) for a limited aerial work operator — communicated by the pilot in command in a pre-flight briefing.
(3) In this section:
unsupervised means not supervised by a person who meets the requirements mentioned in section 25.03 or 25.04, as applicable.
25.03 Conduct of training and checking by an aerial work certificate holder
(1) For subregulation 138.580 (3), this section applies to an aerial work certificate holder whether or not subregulation 138.125 (1) applies to the holder.
Note Under subregulation 138.125 (1), certain aerial work certificate holders must have a formal training and checking organisation.
(2) For paragraph 138.590 (2) (b), the training and checking undertaken by a task specialist for an aerial work operation must be conducted by an individual who meets the requirements set out in subsection (3).
(3) For subsection (2), the individual must have met the minimum experience and entry control requirements for a task specialist trainer, or a task specialist checker, or a task specialist trainer and checker, as set out in the operator’s operations manual.
25.04 Conduct of training and checking by a limited aerial work operator
(1) This section applies to a limited aerial work operator.
(2) For paragraph 138.590 (2) (b), the training and checking undertaken by a task specialist for a limited aerial work operation must be such as to satisfy the pilot in command of the aircraft for the operation that, when combined with a pre‑flight briefing by the pilot, the task specialist is competent to carry out all relevant procedures for the flight.
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 | Date of registration on FRL | Date of | Application, saving or |
| 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) | — |
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 |
| s. 4.04 | ad. F2023L00004 |
| 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 |
| 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 |
| s. 23.06 | am. F2021L01595 |
| s. 23.10 | am. F2021L01595, F2023L00004 |
| s. 23.11 | am. F2021L01595 |
| s. 24.02 | am. F2021L01595 |
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