Part 4Safety management systems — aerial work operations — excluding certain Part 142 activities — exemptions

Part 4 Safety management systems – aerial work operations – excluding certain Part 142 activities – exemptions

15 Definition and application of Part 4

(1) In this Part:

relevant aerial work operation means an aerial work operation for which the aerial work operator:

(a) is required to have an SMS under subregulation 138.140(1); and

(b) is not relieved of that requirement by subregulation 138.140(2).

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

(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:

(i) authorised an aerial work operation (other than an aerial work (air ambulance) operation); and

(ii) did not authorise regular public transport operations; and

(iii) did not authorise Part 142 activities in an aircraft; and

(b) was not the subject of a direction under regulation 11.245 to have an SMS.

16 Exemptions

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

(a) paragraphs 138.085(1)(c) and (d);

(b) regulation 138.110;

(c) regulation 138.115;

(d) regulation 138.140;

(e) regulation 138.145;

(f) paragraph 138.155(1)(e), but only to the extent that it applies to the safety manager.

17 Conditions of the exemptions — safety

(1) It is a condition of the exemptions in section 16 that the relevant operator must not commence a relevant aerial work operation of a kind that the operator was not authorised to conduct immediately before 2 December 2021 until the relevant operator has complied with the directions in section 18.

(2) It is a condition of the exemptions in section 16 that the relevant operator must ensure that:

(a) operational safety-critical personnel (the personnel) actively seek to identify safety risks arising from the operator’s operations; and

(b) the personnel bring identified safety risks to the attention of the operator’s key personnel as soon as practicable; and

(c) the operator’s key personnel:

(i) review the identified safety risks; and

(ii) if ongoing aviation safety requires the risks to be addressed — implement corrective safety controls as soon as practicable through changes to the operator’s operations manual; and

(d) the operator’s key personnel oversee the recording, and retention for the relevant period identified in the operator’s operations manual, of: