47Conditions of the exemptions — safety

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;

until the relevant operator has complied with the directions in section 48.

Note See also section 8 of CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021. This contains additional exemptions to the effect that the operator’s training and checking manual content need only relate to a particular aircraft or a particular operation and not operations or aircraft more generally.

(2) It is a condition of the exemptions in section 46 that the relevant operator must ensure that:

(a) the operator’s head of operations ensures that training and checking of the operator’s operational safety critical personnel, conducted by or for the operator, is conducted in accordance with the operator’s operations manual; and

(b) the requirements under subsection 6 of CAO 82.1, as in force immediately before 2 December 2021, are complied with, including as if a reference to the chief pilot were a reference to the operator’s head of operations; and

(c) a training record is maintained for each crew member that records at least 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

(d) the training record is retained for the relevant period identified in the operator’s operations manual; and

(e) procedures are set out in the operations manual designed to achieve the outcomes mentioned in paragraphs (a) to (d).