37Conditions of the exemptions — safety

37 Conditions of the exemptions — safety

(1) It is a condition of the exemptions in section 36 that the relevant operator must not commence the following:

(b) use of a rotorcraft for any air transport operation (the relevant rotorcraft);

if:

(c) such commencement would have required a training and checking organisation under subregulation 217 (1) of CAR, as in force immediately before 2 December 2021; and

(d) the relevant operator has not complied with the directions in section 38 for the relevant operations or the relevant rotorcraft.

(2) It is a condition of the exemptions in section 36 that the relevant operator must ensure that:

(a) the operator’s head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and

(b) each crew member of a rotorcraft for a flight that is a Part 133 operation:

(i) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and

(ii) has been assessed as competent, in accordance with the operator’s exposition, to perform the duties assigned to the person for the flight; and

(c) for a flight that is a Part 133 operation for an operator who did not conduct multi-crew operations before 2 December 2021, prior training for the pilot in command of the rotorcraft must include the following:

(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;

(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;

(iii) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check;

(iv) each period of training, other than training referred to in subparagraph (i), (ii) or (iii), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved; and

(f) procedures are set out in the operator’s exposition designed to achieve the outcomes mentioned in paragraphs (a) to (e).

(3) For paragraph (2) (b), for a provision of a CAO mentioned in subparagraph (2) (b) (i), any reference to:

(a) a charter operation — must be taken to be a mention of the relevant operator’s Part 133 operations to which this Part applies; and