Part 2Exemptions from Part 138

## Part 2 Exemptions from Part 138 5 Key personnel – unable to carry out responsibilities – exemption (1) This section applies to an aerial work certificate holder (the operator). (2) The operator is exempted from compliance with subregulation 138.075(1). (3) The exemption under subsection (2) is subject to the condition that the operator must comply with the requirements of subregulation 138.075(1) as if the reference to “30 days” were a reference to “35 days”. 6 Compliance with requirements of aerial work certificate – CEO responsibilities – exemption (1) This section applies to an aerial work certificate holder (the operator) who is not required under regulation 138.140 to have a safety management system. (2) The operator is exempted from compliance with paragraph 138.050(1)(b) and regulation 138.055, but only to the extent of the requirement that the operator must comply with the condition in paragraph 138.050(1)(b) that relates to the responsibilities and accountabilities of the operator’s chief executive officer under paragraph 138.085(1)(d). (3) The exemption in subsection (2) is subject to the condition that the operator must ensure that the operations manual requirement under paragraph 138.155(1)(l) is complied with. 7 Qualifications and experience of key personnel — exemption (1) This section applies to an aerial work certificate holder (the operator) who, immediately before 2 December 2021, held an AOC, or was an early applicant for an AOC, authorising aerial work operations (other than solely for ambulance functions, within the meaning of subparagraph 206(1)(a)(vii) of CAR, as in force immediately before 2 December 2021. (2) The operator is exempted from compliance with paragraph 138.050(1)(b) and regulation 138.055, but: (a) only to the extent of the requirement that the operator must comply with the certificate conditions under paragraph 138.050(1)(b) that relate to the qualifications and experience of the persons mentioned in subsection (3); and (b) only if the conditions in subsection (4) are complied with. (3) For subsection (2), the persons are the following persons who, on 2 December 2021, are the key personnel, or proposed key personnel, of the operator to whom the provision mentioned for the person would apply, but for this exemption, or an exemption under section 16, 21 or 46 of CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024: (a) the head of operations who, immediately before 2 December 2021, was the operator’s chief pilot, or chief pilot and head of training and checking — in relation to the qualifications and experience mentioned in subregulation 138.090(2); (b) the head of training and checking who, immediately before 2 December 2021, was the operator’s head of training and checking (if any) — in relation to the qualifications and experience mentioned in subregulation 138.100(2); (c) the safety manager (if any) who, immediately before 2 December 2021, was the operator’s safety manager — in relation to the qualifications and experience mentioned in subregulation 138.110(2). (4) For subsection (2), unless otherwise approved by CASA under subsection (5), the conditions are that the operator’s operations manual, the training and checking manual and the safety management system manual, as the case requires, each includes and requires the same qualifications and experience, for each of the persons mentioned in subsection (3), as were included and required for the person, in the manual, immediately before 2 December 2021. (5) For subsection (4), CASA may approve a change to any particular qualification and experience requirement mentioned in subsection (4), but only if: (a) the operator applies in writing, setting out the proposed change; and (b) the application is accompanied by the part of each manual to be affected by the proposed change, clearly showing the effect of the proposed change on that manual; and (c) the operator demonstrates how the proposed change would otherwise conform to the significant change process under paragraph 138.155(1)(m); and (d) the change were approved, the requirements under regulation 138.040 for the issue of an aerial work certificate would continue to be met. (6) This section ceases to have effect at the earlier of the following: (a) the day the head of operations, head of training and checking or safety manager (as the case may be), ceases to be the operator’s head of operations, head of training and checking or safety manager; > Note: (b) another date that CASA specifies in writing. > Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date. 8 Requirements to have a training and checking system — exemption (1) This section applies to an aerial work certificate holder (the operator) to whom regulation 138.125 would otherwise apply but for the following: (a) this exemption; (b) the exemptions in section 46 of CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024. (2) The operator is exempted from compliance with paragraph 138.050(1)(b) and regulation 138.055, but: (a) only to the extent of the requirement that the operator must comply with the condition in paragraph 138.050(1)(b) in relation to subregulation 138.125(1); and (b) for paragraph (a), only for the purpose of complying with the condition set out in subsection (3). (3) The exemption in subsection (2) is subject to the condition that, in its aerial work operations, the operator must comply with the requirements of subregulation 138.125(1): (a) as if it only applied for a particular aircraft or a particular operation mentioned in subregulation 138.125(1) (subject to any exclusion of an aircraft or operation by virtue of the operation of subregulation 138.125(2) regardless of this exemption); and (b) as if it did not apply to any other particular aircraft or particular operation not mentioned in subregulation 138.125(1). 9 Training and checking system requirements for operational safety‑critical personnel — exemption (1) This section applies to an aerial work certificate holder (the operator) to whom subregulation 138.125(3) applies. (2) The operator is exempted from compliance with paragraph 138.050(1)(d) and regulation 138.055, but: (a) only to the extent of the requirement that the operator must comply with the condition in paragraph 138.050(1)(d) in relation to subregulation 138.125(3); and (b) for paragraph (a), only to the extent of the requirement under subregulation 138.135(1) that the operator’s training and checking system must include those operational safety-critical personnel (the relevant personnel) who are not any of the following: (i) flight crew members; (ii) other crew members who are assigned duties on board an aircraft in relation to the flying or safety of the aircraft. (3) The exemption in subsection (2) is subject to the condition that the operator’s training and checking system must include a description of how the operator will satisfy itself: (a) that each of its relevant personnel: (i) is competent to carry out their assigned duties; and (ii) in carrying out the duties — is not likely to have an adverse effect on aviation safety; and (b) that immediate action will be taken in the interests of aviation safety if a relevant person: (i) loses competence; or (ii) is likely to have an adverse effect on aviation safety. (4) This section ceases to have effect at the end of a date to be specified in writing by CASA. > Note Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates. 9A Flight crew training or checking – foreign conductors of – exemption (1) This section applies to an aerial work certificate holder (the operator) to whom regulation 138.125 applies. > Note Aerial work certificate holder is defined in section 3. (2) The operator is exempted from compliance with regulation 138.505, in relation to training and checking, but only to the extent of who may conduct the training or checking required by Subpart 138.N of CASR. (3) The exemption in subsection (2) is subject to the condition that the training or checking for which the operator takes the benefit of the exemption must be conducted by a person who is: (a) employed by a training provider authorised by the national aviation authority of a recognised foreign State to conduct training or a check equivalent to the training or check required by Subpart 138.N of CASR that the operator has contracted the training provider to conduct for a flight crew member of the operator (the equivalent training or checking); and (b) authorised by the national aviation authority of the recognised foreign State to conduct the equivalent training or checking. (4) It is also a condition of the exemption under subsection (2) that for training or checking for which the operator takes the benefit of the exemption, the operator must ensure that: (a) each person who conducts the training or checking for the foreign training provider mentioned in subsection (3) is appropriately authorised to conduct the training or checking; and (b) the foreign training provider is notified, in writing, of any change in the operator’s training and checking manual relating to the training or checking that the foreign training provider conducts under the contract. 9B Crew experience — exemption (1) This section applies to an aerial work certificate holder (the operator) and the pilot in command, conducing an NVIS firebombing operation mentioned in Division 2 of Chapter 16 of the Part 138 MOS. (2) The operator and the pilot in command are each exempted from compliance with subregulations 138.425(3), (4) and (5), but only to the extent of the requirement under subsection 16.06(3) of the Part 138 MOS that each pilot for the operation must have the aeronautical experience mentioned in the subsection. > Note Crew minimum experience requirements are managed by operators under their SMS and Training and Checking system, to ensure that crews are competent for the firebombing operation. 9C Flight crew licences, medical certificates, etc. — exemptions and conditions (1) In this section: > operator means an aerial work operator, whether operating a registered aircraft or a foreign registered aircraft. (2) The operator is exempted from the requirements of regulation 138.180 of CASR. (3) The exemption under this section is subject to the conditions mentioned in subsections (4), (5) and (6). (4) For each flight crew member (FCM) operating a registered aircraft, the operator must maintain an up-to-date record showing the currency of each of the following required under the civil aviation legislation for the FCM to operate the aircraft: (a) the FCM’s medical certificate; (b) the FCM’s flight crew licence; (c) the FCM’s flight crew ratings; (d) the FCM’s flight crew endorsements. > Note A reference to a flight crew licence includes a certificate of validation of an overseas flight crew licence. A reference to a medical certificate includes an overseas medical certificate of the holder of such a certificate of validation. (5) For each FCM operating a foreign registered aircraft, the operator must maintain an up-to-date record showing the currency of each of the following, as applicable, that is required under the civil aviation legislation for the FCM to operate the aircraft: (a) the FCM’s overseas medical certificate; (b) the FCM’s overseas flight crew licence; (c) the FCM’s overseas flight crew ratings; (d) the FCM’s overseas endorsements; (e) the FCM’s certificate of validation and related overseas medical certificate. (6) The operator must keep each FCM record mentioned in subsections (4) and (5), as applicable, for the period during which the FCM exercises the privileges of their flight crew licence for the operator. > Note The expressions foreign registered aircraft and civil aviation legislation are each defined in section 3 of the Civil Aviation Act 1988. Various other expressions used in this section are defined in Part 1, and in item 36 in Part 2, of the CASR Dictionary.