Part 4Directions to Part 138 aerial work certificate holders

## Part 4 Directions to Part 138 aerial work certificate holders 15 Compliance before and after flight with flight manual instructions — direction (1) This section applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate (the operator). (2) The operator must ensure that: (a) any activity in relation to the flight, that occurs before or after the flight; and (b) any activity that is required under the aircraft flight manual instructions for the aircraft to be carried out before or after the flight; is carried out in compliance with any relevant limitation or requirement that: (c) is set out in the aircraft flight manual instructions for the aircraft; and (d) relates to the operation of the aircraft. (3) Subsection (2) does not apply to a limitation or requirement if circumstances prescribed by the Part 138 MOS apply to the aircraft for the activity. 16 Develop and maintain a DAMP — direction (1) This section applies to an aerial work certificate holder (the operator) for an aerial work operation in an aircraft. (2) The operator must comply with the requirements of Part 99 of CASR as if the operator were a DAMP organisation to which Part 99 applied. 17 Training and checking — direction (1) In this section: > non-normal exercise means an aircraft flight that involves the simulated failure of a vital system. > specified training or check means an aircraft training or check event that involves carrying out a non-normal exercise. > vital system means a system whose simulated failure in flight would adversely affect the safety of the aircraft as compared to normal operation. (2) This section applies to an aerial work certificate holder (the operator) who, immediately before 2 December 2021: (a) conducted aerial work operations in an aircraft; and (b) did not hold an approval under subregulation 217(3) of CAR, as in force immediately before 2 December 2021, for a training and checking organisation for the aircraft in the operations. (3) The operator must not use an individual to conduct the specified training or check for a flight crew member of the operator’s personnel that is required under Part 138, unless a requirement mentioned in subsection (4) or (5) is met. (4) For subsection (3), if a registered aircraft is used: (a) the individual must be able to exercise the privileges of one of the following for the relevant type or class (as applicable) of aircraft being used for the specified training or check: (i) a flight instructor rating and appropriate training endorsement; (ii) a flight examiner rating and appropriate flight examiner endorsement; (iii) if the specified training or check is conducted in a flight training device — a simulator instructor rating and appropriate training endorsement; (iv) an approval under regulation 61.040 that confers equivalent privileges to those under subparagraph (i), (ii) or (iii), as applicable to the specified training or check; or (b) the operator must hold CASA’s approval that their training and checking system, as applied to the individual, produces a safety outcome equivalent to that under paragraph (a). > Note 1 The effect of subsection (4) is that if the operator uses an individual to conduct a specified training or check, the individual must have appropriate CASR Part 61 qualifications to conduct the training or check unless the operator obtains CASA’s approval. > Note 2 The requirements under regulation 138.505 of CASR, and subsection 23.10(2) of the Part 138 MOS, must still be met in addition to the requirements in paragraph (4)(a) or (b). > Note 3 For registered, see the definition in the CASR Dictionary. > Note 4 An approval given by CASA under paragraph 17(4)(b) of CASA EX86/21 continues under this instrument — see section 30. (5) For subsection (3), if a foreign registered aircraft is used: (a) the individual used by the operator must be able to exercise the privileges of an authorisation (however described) from the national aviation authority of the State of Registry for the aircraft, that are at least equivalent to the privileges described in paragraph (4)(a); or (b) the operator must hold CASA’s approval that their training and checking system, as applied to the individual, produces a safety outcome equivalent to that under paragraph 4(a). > Note 1 An operator conducting specified training or check must also comply with the requirements of section 9A. > Note 2 For foreign registered aircraft, see the definition in section 3 of the Civil Aviation Act 1988. > Note 3 An approval given by CASA under paragraph 17(5)(b) of CASA EX86/21 continues under this instrument — see section 30. 19 RESERVED 20 Survival equipment procedures — direction (1) This section applies to an aerial work certificate holder (the operator) for an aerial work operation in an aircraft (the operation) if the aircraft is required to carry a life raft under section 26.60 of the Part 91 MOS. (2) The operator’s operations manual must contain the procedures: (a) to be followed by the pilot in command of the operation, and the other flight crew, for the purposes of section 26.60; and (b) for determining the pyrotechnic signalling devices required to ensure the distress signals, set out in Appendix 1 to Annex 2, Rules of the Air, to the Chicago Convention (as in force from time to time), can be made. (3) To avoid doubt, this section does not affect any requirement under regulation 138.345. 21 Additional responsibility of head of operations — direction (1) This section applies to an aerial work certificate holder who is not required to have a training a checking system under regulation 138.125 (the operator). (2) The operator must ensure that the head of operations has, and competently discharges, the following duties: (a) ensuring that training and checking of the operator’s operational safety‑critical personnel, whether conducted by or for the operator, is conducted in accordance with the operator’s operations manual; (b) if the operator has a contract with a Part 142 operator for training or checking the operator’s flight crew: (i) ensuring that each person who conducts the training or checking for the Part 142 operator is authorised under Part 61 to do so; and (ii) ensuring that the training or checking is conducted in accordance with the aerial work operator’s operations manual; and (iii) telling the Part 142 operator, in writing, of any change in the aerial work operator’s operations manual. 22 Safety information — direction (1) In this section: > safety information means any safety data or information that satisfies all of the following: (a) is in any form; (b) is generated within, or captured, collected or held by and within, an aerial work certificate holder’s approved safety management system (including a flight data analysis program (FDAP), if any); (c) has been approved, whether directly or indirectly, by CASA as fulfilling the relevant safety management system (SMS) or FDAP obligations of the aerial work certificate holder under the civil aviation legislation; (d) may include personal information relating to individuals. > Note 1 Civil aviation legislation has the meaning given in section 3 of the Act. It includes, for example, CAR, CASR, relevant Manuals of Standards, and legislative instruments. > Note 2 Safety information may have been approved by CASA in an indirect way, for example: by virtue of the issue of an initial aerial work certificate to an operator who is required by the civil aviation legislation to have an SMS for that purpose; or by virtue of an operator taking the benefit of an exemption under CASA EX87/21 relating to SMS under which requirements to introduce an SMS are taken to have been complied with. (2) This section applies to an aerial work certificate holder (the operator) for aerial work operations (the operations) if the operator: (a) is required under regulation 138.140 to have an SMS for the operations; and (b) is not taking the benefit of the exemption from that obligation provided by CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024. (3) The operator must comply with the following provisions of Civil Aviation Order 82.5, as in force immediately before 2 December 2021, as if they applied to the operator and as they relate to any safety information arising from the operations: (a) subparagraphs 2A.2(f) and (h); (b) subparagraph 2A.2(g), but only to the extent that the operator has implemented an FDAP; (c) subparagraphs 2A.3(d) and (e), but only to the extent that the operator has implemented an FDAP; > Note The deemed application of sub-subparagraph 2A.3(d)(i) does not prevent an operator from using safety information for the purposes of taking preventive, corrective or remedial action that is necessary to maintain or improve safety. An example of the use of safety information for these purposes is its use by an operator for internal training purposes. (d) subsection 2AA; (e) Appendix 1A. 23 First use of NVIS in an NVIS operation under Part 138 – significant change – direction (1) This section applies to an aerial work certificate holder (the operator) for aerial work operations (the operations). (2) Before conducting an NVIS operation for the first time in an aerial work operation, the operator must apply for, and obtain, the written approval of CASA as if: (a) the first conduct of the NVIS operation were a significant change within the meaning of that expression in regulation 138.012; and (b) regulations 138.062, 138.064, and 138.066 applied to the first conduct of the NVIS operation as if it were such a significant change. > Note An approval given by CASA under paragraph 23(2)(b) of CASA EX86/21 continues under this instrument — see section 30. (3) If CASA gives the operator its approval under subsection (2) for a particular NVIS operation, no subsequent approval under subsection (2) is required before the operator may conduct a different NVIS operation for the first time in an aerial work operation. 24 Retention of historical flight crew member records — direction (1) This section applies to an aerial work certificate holder (the operator) for aerial work operations if, immediately before 2 December 2021, the operator was an AOC holder authorised to conduct aerial work operations other than aerial work (air ambulance) operations. (2) The operator must retain in safe custody, for the periods mentioned in subsection (3), each of the records held by the operator on 1 December 2021 that were mentioned in Appendix 1, paragraphs 2.3 and 2.4 of CAO 82.1 as the provisions were in force immediately before 2 December 2021. (3) For subsection (2), the period for retention of the records is at least the period, commencing on 2 December 2021, that the similar or analogous record is to be retained under Division 138.B.9. 25 Requirements for air crew members, including the Certificate IV in Aviation (Air Crew Officer) — direction (1) In this section: > air crew member has the meaning given by the CASR Dictionary. > Note 1 For reference, an air crew member is a crew member for a flight of an aircraft (other than a flight crew member) who carries out a function during the flight relating to the safety of the operation of the aircraft, or the safety of the use of the aircraft. > Note 2 The term air crew member includes, in effect, a trainee air crew member: see subparagraph (b)(i) of the definition of crew member in the CASR Dictionary. > assignment means an operator assigning an air crew member to occupy a relevant control seat in the operator’s rotorcraft during flight time in a private operation or an aerial work operation. > CASA 132/16 means CASA 132/16 - Helicopter aircrew member — authorisation, exemption and directions. > CASA EX131/19 means CASA EX131/19 — Helicopter Aircrew Members Instrument 2019. > CASA EX84/21 means CASA EX84/21 – Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021. Certificate IV in Aviation (Air Crew Officer) means: (a) any of the following training courses administered by ISA, and as in force or in existence from time to time: (i) AVI40116 – Certificate IV in Aviation (Aircrewman); (ii) AVI40119 – Certificate IV in Aviation (Air Crew Officer); (iii) AVI40224 – Certificate IV in Aviation (Air Crew Officer); provided that, for such a training course begun after the commencement of section 25 of CASA EX86/21, Unit AVIW0034 (perform non-pilot cockpit duties) was also successfully completed for the course; or (b) a training course, administered by ISA, that supersedes, and is equivalent to, a course mentioned in paragraph (a). > equivalent qualification means a military, or overseas, qualification that has been approved in writing by CASA (including but not limited to an approval given for the purposes of CASA 132/16, CASA EX131/19, section 20A of CASA EX84/21, or section 25 of CASA EX86/21) as being equivalent to the qualification attained by a person upon the satisfactory completion of a Certificate IV in Aviation (Air Crew Officer). > ISA means Industry Skills Australia Ltd, ABN 26 071 267 359. > Note The name of the company on the commencement of CASA EX86/21 was Australian Industry Standards Limited. > operator means an aerial work certificate holder. > relevant control seat means a rotorcraft control seat that is equipped with fully, or partially, functioning dual controls. > trainee means an operator’s air crew member who is undergoing formal training, approved by the operator, for a Certificate IV in Aviation (Air Crew Officer). (2) The operator must ensure that, before making an assignment, the air crew member: (a) meets one of the following requirements: (i) holds a certificate, or a statement of attainment, evidencing satisfactory completion of a Certificate IV in Aviation (Air Crew Officer); > Note Under the definition of Certificate IV in Aviation (Air Crew Officer) in subsection (1), an air crew member who began one of the training courses mentioned in paragraph (a) of the definition after the commencement of CASA EX86/21 must have successfully completed Unit AVIW0034 (perform non-pilot cockpit duties) for the course. An air crew member who had before the commencement of CASA EX86/21 completed the Certificate, or on the commencement of CASA EX86/21 had begun one of the training courses, is not required to have completed Unit AVIW0034 under the definition. (ii) is a trainee; (iii) holds an equivalent qualification; and > Note See the definition of equivalent qualification in subsection (1). (b) meets the operator’s training and checking requirements for air crew members or trainees (as applicable) under the operator’s training and checking system. (3) Subject to subsection (4), the operator may only make an assignment for the purpose of the air crew member performing one or more of the following duties on or for a rotorcraft: (a) assisting the pilot in command in monitoring its flight path to avoid a collision; (b) assisting the pilot in command in selecting a landing site; (c) detecting obstacles during take-off and landing; (d) assisting the pilot in command in relation to tasks associated with any of the following: (i) navigation; (ii) radiocommunications; Note Under regulation 91.625 of CASR, it is an offence for a person to transmit on particular radio frequencies published in the AIP or NOTAM unless the person is authorised or qualified to do so. (iii) turning on and off, or tuning and identifying, radionavigation systems; (e) assisting the pilot in command with checklist requirements; (f) assisting the pilot in command in monitoring systems and instrumentation; (g) undergoing training for a Certificate IV in Aviation (Air Crew Officer). > Note See the definition of Certificate IV in Aviation (Air Crew Officer) in subsection (1). (4) A trainee may only be given an assignment involving a duty mentioned in subsection (3) for the purpose of training the trainee for that duty. (5) The operator’s exposition or operations manual (as applicable) must include such policies, risk assessments, management instructions, standard operating procedures, and training and checking procedures, as are needed to ensure that: (a) the requirements of this section are complied with; and (b) the duties mentioned in subsection (3), including when performed by a trainee, are carried out safely.