Part 10Training and checking systems — aerial work operators — exemptions

Part 10 Training and checking systems – aerial work operators – exemptions

45 Definition and application of Part 10

(1) In this Part:

relevant aerial work operation means an aerial work operation by an aerial work operator, that:

(a) is required to have a training and checking system under subregulation 138.125(1); and

(b) is not relieved of that requirement by subregulation 138.125(2).

(2) This Part applies to an aerial work operator (the relevant operator) in a relevant aerial work operation who, immediately before 2 December 2021:

(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised aerial work operations (other than aerial work (air ambulance) operations); and

(b) was not subject to a requirement under subregulation 217(1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aircraft used in the operations.

46 Exemptions

(1) A relevant operator is exempted from compliance with the following provisions:

(a) regulation 138.100;

(b) regulation 138.105;

(c) regulation 138.125;

(d) regulation 138.130;

(e) subject to subsection (2), paragraph 138.475(2)(f),

(f) subject to subsection (2), paragraph 138.540(2)(b).

Note 1 For paragraph (e), exemption from paragraph 138.475(2)(f) has the implied consequential effect of exempting from subregulation 138.475(3) and Division 1 of Chapter 23 of the Part 138 MOS.

Note 2 For paragraph (f), exemption from paragraph 138.540(2)(b) has the implied consequential effect of exempting from subregulation 138.540(3) and section 24.02 of the Part 138 MOS.

(2) The exemptions under paragraphs (1)(e) and (f) do not extend to exempt from compliance with paragraph 23.03(2)(e) of the Part 138 MOS (the MOS).

Direction

(3) A relevant operator must ensure that any training required under paragraph 23.03(2)(e) of the MOS is conducted as if section 23.10 of the MOS applied to the operator for the training.

47 Conditions of the exemptions — safety

(1) It is a condition of the exemptions in section 46 that the relevant operator must not do any of the following:

(a) commence relevant aerial work operations of a kind that the operator was not authorised to conduct immediately before 2 December 2021;

(b) commence relevant aerial work operations, or the use of an aircraft for the relevant aerial work operations (relevant aircraft), that would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;