Part 3Exemptions from Part 91 and related directions

## Part 3 Exemptions from Part 91 and related directions 10 Carriage of medical and identification documents — exemption (1) This section applies to the pilot in command of an aircraft for a flight that is conducted by an aerial work certificate holder. (2) The pilot in command is exempted from compliance with subregulation 91.105(1), but only to the extent of: (a) the documents mentioned in paragraph 91.105(2)(a); or (b) a medical exemption. (3) The exemption in subsection (2) is subject to the condition that: (a) before the flight begins, the pilot in command must give CASA written notice of the fact that, for a particular flight crew member (including the pilot in command), a particular document required under paragraph 91.105(2)(a), or a medical exemption, will not be carried on the aircraft; or (b) if it is not practicable to comply with paragraph (a) — not later than 24 hours after the flight ends, the pilot in command must give CASA written notice of the fact that, for a particular flight crew member (including the pilot in command), a particular document required under paragraph 91.105(2)(a), or a medical exemption, was not carried on the aircraft. 11 Application of Part 138 fuelling safety procedures instead of Part 91 fuelling requirements – persons on, boarding, or disembarking from, aircraft – exemption and direction (1) This section applies to a private operation in an aircraft, conducted by an aerial work certificate holder. (2) For the operation, the pilot in command of the aircraft is exempted from compliance with regulation 91.510. (3) The exemption in subsection (2) is subject to the condition that the pilot in command must comply with any requirements in the operations manual prepared in accordance with regulation 138.302 that are applicable to the pilot in command for the private operation. Directions (4) The operator must ensure that, for the private operation: (a) the operations manual provides for compliance with the requirements of regulation 138.302; and (b) such requirements are complied with by: (i) the pilot in command; and (ii) other crew members (if any); and (iii) the operator’s personnel (if any) who carry out a ground support duty for a flight of the aircraft. > Note The definition of private operation in the CASR Dictionary includes a limited aerial work, operation and other operations which are not required to be conducted under an AOC or another operating certificate. The intent of this section, and of sections 13 and 14, is to permit holders of aerial work certificates and pilots in command to comply with certain provisions of Part 138 and the Part 138 MOS, instead of the otherwise applicable provisions of Part 91 when conducting private operations, including, for example, such repositioning or ferry flights as are private operations. 12 Application of relevant Part 138 passenger safety procedures instead of Part 91 passenger safety briefing requirements — exemption and direction (1) This section applies to an aerial work operation in an aircraft that is an emergency service operation conducted by an aerial work certificate holder. (2) For the operation, the pilot in command of the aircraft is exempted from compliance with regulation 91.565 (Passengers — safety briefings and instructions). (3) The exemption in subsection (2) is subject to the following conditions: (a) the pilot in command must be satisfied that it is not practicable to comply with regulation 91.565; > Note Reasons for impracticability include the urgency of the flight and the medical condition of the passenger. (b) the pilot in command must comply with any procedures and requirements in the operations manual, prepared in accordance with regulation 138.155 in relation to subparagraph 138.305(2)(c)(iii), that are applicable or relevant to the pilot in command for the emergency service operation. Directions (4) The operator must ensure that paragraph (3) (b) is complied with for the operation. 13 Application of Part 138 performance requirements instead of Part 91 performance requirements — exemption and direction (1) This section applies to a private operation in an aircraft, conducted by an aerial work certificate holder, provided that the private operation is not a limited aerial work operation. (2) For the operation, the operator and the pilot in command of a large aeroplane are each exempted from compliance with each provision in Subpart 91.F (as applicable) but only if the operator and the pilot in command (as applicable) each complies with the directions in subsections (4), (5) and (6), as applicable. (3) For the operation, the operator and the pilot in command of a rotorcraft are each exempted from compliance with each provision in Subpart 91.F, but only: (a) to the extent of sections 24.04, 24.05, 25.04 and 25.05 of the Part 91 MOS; and (b) if the operator and the pilot in command (as applicable) each complies with the directions in subsections (4), (5) and (6), as applicable. Directions (4) The operator of a large aeroplane must ensure that for the operation: (a) the requirements of Division 1 of Chapter 18 of the Part 138 MOS are complied with; and (b) the operations manual provides for the compliance mentioned in paragraph (a). (5) The operator of a rotorcraft must ensure that for the operation: (a) the requirements of Division 2 of Chapter 18 of the Part 138 MOS are complied with for take-off and landing operations in populous areas; and (b) the operations manual provides for the compliance mentioned in paragraph (a). (6) The pilot in command must comply with any requirements arising under subsections (4) and (5) that are applicable to the pilot in command. 14 Application of Part 138 weight and balance requirements instead of certain Part 91 weight and balance requirements — exemption and direction (1) This section applies to a private operation in an aircraft, conducted by an aerial work certificate holder, provided that the private operation is not a limited aerial work operation. (2) For the operation, the pilot in command of the aircraft is exempted from compliance with each provision in Subpart 91.J, 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 Subpart 138.J are complied with; and (b) the operations manual 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. 14A Application of Part 91 requirements for anti-collision and navigation lights — exemption and conditions (1) In this section: > ACAS means airborne collision avoidance system. > approved transponder has the meaning given by section 26.67 of the Part 91 MOS. > external lights, for an aircraft, means anti-collision lights (as the term is used in section 26.22 of the Part 91 MOS) and navigation lights (as the term is used in section 26.24 of the Part 91 MOS). > GNSS has the meaning given by section 1.07 of the Part 91 MOS. > IFR has the meaning given by Part 1 of the CASR Dictionary. > lights-out operation means a surveillance operation, conducted for law enforcement purposes by a relevant operator using a relevant aircraft, in which the relevant aircraft’s external lights are not to be displayed while flying over the relevant area. > navigation specification has the meaning given by section 1.07 of the Part 91 MOS. > relevant aircraft means an aircraft operated by a relevant operator for a lights-out operation. > relevant air traffic service means the air traffic service for the airspace over the area in which a lights-out operation is conducted. > relevant area means the area: (a) within which the target of the surveillance is located; and (b) over which the relevant pilot considers it necessary for the relevant aircraft’s external lights not to be displayed so that the aircraft remains unseen. > relevant operator means an aerial work operator that conducts lights-out operations as, or under an arrangement with, any of the following government authorities: (a) the Australian Federal Police; (b) the Australian Border Force; (c) a State or Territory police service; (d) the Department of Home Affairs or an agency under the Department of Home Affairs. > relevant pilot means the pilot in command of a relevant aircraft operated for a lights-out operation. > surveillance operation has the meaning given by section 1.04 of the Part 138 MOS. (2) This section applies to a relevant operator and a relevant pilot in relation to the conduct of a lights-out operation in Australian territory. (3) The relevant operator and relevant pilot are each exempt from regulation 91.810 of CASR, to the extent that the regulation requires compliance with the following provisions of the Part 91 MOS in relation to the conduct of a lights‑out operation: (a) subsection 26.22(3); (b) subsection 26.22(4); (c) subsection 26.22(5); (d) that part of subsection 26.24(2) that requires navigation lights fitted to the aircraft to be displayed during a flight. (4) The exemption granted to the relevant operator in subsection (3) is subject to the conditions set out in paragraphs (6)(a) and (b) and subsections (7) to (9). (5) The exemption granted to the relevant pilot in subsection (3) is subject to the conditions set out in paragraph 6(c), subsection (8) and subsections (10) to (12). (6) Before conducting a lights-out operation: (a) the relevant operator must notify CASA that it is an operator that conducts lights-out operations; and (b) the relevant operator must ensure that the relevant aircraft is equipped with the following functional items of equipment: (i) an ACAS with horizontal situation display and aural traffic advisory; (ii) GNSS capable of navigating to a navigation specification of RNP 2; (iii) radiocommunication systems capable of ensuring communication with the relevant air traffic service and other nearby traffic; (iv) despite section 26.73 of the Part 91 MOS, an approved transponder; and (c) the relevant pilot must ensure that the relevant air traffic service is advised of the intention to operate in the relevant area without displaying external lights. (7) The relevant operator must ensure that only the minimum number of crew members required for the lights-out operation are carried on the relevant aircraft for the operation. (8) The relevant operator and relevant pilot must ensure that the lights-out operation is conducted under the IFR. (9) The relevant operator must ensure that the operator’s operations manual contains the following: (a) procedures regarding entry to, and exit from, a relevant area; (b) a statement of the following requirements for the relevant pilot: (i) to monitor the aircraft’s tracking in accordance with regulation 91.257 of CASR and subsection 14.02(4) of the Part 91 MOS; (ii) to maintain vigilance to see and avoid other aircraft in accordance with regulation 91.325 of CASR and by maintaining a scan of ACAS; (iii) to continuously monitor the primary communications medium used by the relevant air traffic service in accordance with regulations 91.635 and 91.640 of CASR. (10) The relevant pilot must not turn off external lighting except where it is necessary for the lights-out operation. (11) The relevant pilot must ensure that external lights are displayed while the relevant aircraft is climbing to, descending from, transiting between, or travelling to or from the relevant area. (12) The relevant pilot must turn the external lights on immediately if any of the following occurs during a lights-out operation: (a) an item of equipment mentioned in paragraph (6)(b) fails to function as intended; (b) the relevant pilot becomes aware of nearby air traffic and assesses that there is a reasonable risk of collision; (c) a pilot of another aircraft, or the relevant air traffic service, requests that the external lights be displayed in order to identify the relevant aircraft as air traffic.