Part 3Exemptions from Part 91 and related directions

Part 3 Exemptions from Part 91 and related directions

15 Use of Part 121 flight related documents instead of Part 91 flight related documents — exemption and direction

(1) This section applies to the operation of an aeroplane that is both of the following (the operation):

(a) a private operation using an aeroplane mentioned in subregulation 121.005(1);

(b) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).

(2) For the operation, the operator and the pilot in command of the aeroplane (as applicable) are each exempted from compliance with the provisions in Division 91.C.3 of CASR (flight related documents), but only if the operator and the pilot in command (as applicable) each comply with the directions in subsections (3) and (4).

Directions

(3) The operator must ensure that, for the operation:

(a) the requirements of the provisions in Division 121.C.3 are complied with (subject to the exemptions in sections 7 and 8 of this instrument in relation to regulation 121.105); and

(b) the operator’s exposition provides for compliance with the requirements.

(4) The pilot in command must comply with any requirements arising under subsection (3) that are applicable to the pilot in command.

16 Application of Part 121 flight preparation (Part 121 alternate aerodromes) requirements instead of Part 91 flight preparation (alternate aerodromes) requirements — exemption and direction

(1) This section applies to the operation of an aeroplane that is both of the following (the operation):

(a) a private operation using an aeroplane mentioned in subregulation 121.005(1);

(b) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).

(2) For the operation, the pilot in command of the aeroplane is exempted from compliance with regulation 91.235, but only if the operator and the pilot in command (as applicable) each comply with the directions in subsections (3) and (4).

Directions

(3) The operator must ensure that, for the operation:

(a) the requirements of regulation 121.170 are complied with; and

(b) the operator’s exposition provides for compliance with the requirements.

(4) The pilot in command must comply with any requirements arising under subsection (3) that are applicable to the pilot in command.

17 Application of Part 121 fuel requirements instead of Part 91 fuel requirements — exemption and direction

(1) This section applies to the operation of an aeroplane that is both of the following (the operation):

(a) a private operation using an aeroplane mentioned in subregulation 121.005(1);

(b) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).

(2) For the operation, the pilot in command of the aeroplane is exempted from compliance with regulation 91.455, but only if the operator and the pilot in command (as applicable) each comply with the directions in subsections (3) and (4).

Directions

(3) The operator must ensure that, for the operation:

(a) the requirements of regulation 121.235 are complied with; and

(b) the operator’s exposition provides for compliance with the requirements.

(4) The pilot in command must comply with any requirements arising under subsection (3) that are applicable to the pilot in command.

18 Application of Part 121 fuelling requirements instead of Part 91 fuelling requirements — exemption and direction

(1) This section applies to the operation of an aeroplane that is both of the following (the operation):

(a) a private operation using an aeroplane mentioned in subregulation 121.005(1);

(b) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).

(2) For the operation, the pilot in command of the aeroplane is exempted from compliance with regulation 91.510, but only if the operator and the pilot in command (as applicable) each comply with the directions in subsections (3) and (4).

Directions

(3) The operator must ensure that, for the operation:

(a) the requirements of regulation 121.240 are complied with; and

(b) the operator’s exposition provides for compliance with the requirements.

(4) The pilot in command must comply with any requirements arising under subsection (3) that are applicable to the pilot in command.

19 Application of Part 121 passenger safety briefings, instructions and demonstrations requirements instead of Part 91 safety briefing and instructions requirements — exemption and direction

(1) This section applies to the operation of an aeroplane that is both of the following (the operation):

(a) a private operation using an aeroplane mentioned in subregulation 121.005(1);

(b) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).

(2) For the operation, the pilot in command of the aeroplane is exempted from compliance with regulation 91.565, but only if the operator and the pilot in command (as applicable) each comply with the directions in subsections (3) and (4).

Directions

(3) The operator must ensure that, for the operation:

(a) the requirements of regulation 121.285 are complied with; and

(b) the operator’s exposition provides for compliance with the requirements.

(4) The pilot in command must comply with any requirements arising under subsection (3) that are applicable to the pilot in command.

20 Application of Part 121 stowage of baggage and passenger service equipment requirements instead of Part 91 restraint and stowage requirements — exemption and direction

(1) This section applies to the operation of an aeroplane that is both of the following (the operation):

(a) a private operation using an aeroplane mentioned in subregulation 121.005(1);

(b) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).

(2) For the operation, the operator and the pilot in command of the aeroplane are each exempted from compliance with regulations 91.590 and 91.595 (as applicable), but only if the operator and the pilot in command (as applicable) each comply with the directions in subsections (3) and (4).

Directions

(3) The operator must ensure that, for the operation:

(a) the requirements of regulations 121.255 and 121.265 are complied with; and

(b) the operator’s exposition provides for compliance with the requirements.

(4) The pilot in command must comply with any requirements arising under subsection (3) that are applicable to the pilot in command.

21 Application of Part 121 performance requirements instead of Part 91 performance requirements — exemption and direction

(1) This section applies to the operation of an aeroplane that is both of the following (the operation):

(a) a private operation using an aeroplane mentioned in subregulation 121.005(1);

(b) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).

(2) For the operation, the operator and the pilot in command of the aeroplane are each exempted from compliance with each provision in Subpart 91.F of CASR (as applicable), but only if the operator and the pilot in command (as applicable) each comply with the directions in subsections (3) and (4).

Directions

(3) The operator must ensure that, for the operation:

(a) the requirements of each provision in Subpart 121.F of CASR are complied with; and

(b) the operator’s exposition provides for compliance with the requirements.

(4) The pilot in command must comply with any requirements arising under subsection (3) that are applicable to the pilot in command.

22 Application of Part 121 weight and balance requirements instead of Part 91 weight and balance requirements — exemption and direction

(1) This section applies to the operation of an aeroplane that is both of the following (the operation):

(a) a private operation using an aeroplane mentioned in subregulation 121.005(1);

(b) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).

(2) For the operation, the pilot in command of the aeroplane is exempted from compliance with each provision in Subpart 91.J of CASR, but only if the operator and the pilot in command (as applicable) each comply with the directions in subsections (3) and (4).

Directions

(3) The operator must ensure that, for the operation:

(a) the requirements of each provision in Subpart 121.J of CASR are complied with; and

(b) the operator’s exposition provides for compliance with the requirements.

(4) The pilot in command must comply with any requirements arising under subsection (3) that are applicable to the pilot in command.

23 Application of Part 121 instruments, indicators, equipment and systems requirements instead of Part 91 equipment requirements — exemption and direction

(1) This section applies to the operation of an aeroplane that is both of the following (the operation):

(a) a private operation using an aeroplane mentioned in subregulation 121.005(1);

(b) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).

(2) For the operation, the operator, the pilot in command and any crew member of the aeroplane (as applicable) are each exempted from compliance with each provision in Subpart 91.K of CASR but only if the operator, the pilot in command and the crew member (as applicable) each comply with the directions in subsections (3) and (4).

Directions

(3) The operator must ensure that, for the operation:

(a) the requirements of each provision in Subpart 121.K of CASR are complied with; and

(b) the operator’s exposition provides for compliance with the requirements.

(4) The pilot in command and the crew member must each comply with any requirements arising under subsection (3) that are applicable to the pilot in command or the crew member.

24 Application of Part 121 cabin crew requirements instead of Part 91 cabin crew requirements — exemption and direction

(1) This section applies to the operation of an aeroplane that is both of the following (the operation):

(a) a private operation using an aeroplane mentioned in subregulation 121.005(1);

(b) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).

(2) For the operation, the operator, the pilot in command and any cabin crew member of the aeroplane (as applicable) are each exempted from compliance with each provision in Subpart 91.P of CASR, but only if the operator, the pilot in command and the cabin crew member each comply with the directions in subsections (3) and (4).

Directions

(3) The operator must ensure that, for the operation:

(a) the requirements of each provision in Subpart 121.P of CASR are complied with for the operation; and

(b) the operator’s exposition provides for compliance with the requirements.

(4) The pilot in command and the cabin crew member must each comply with any requirements arising under subsection (3) that are applicable to the pilot in command or the cabin crew member.