4Application

4 Application

4.1 Subject to paragraph 4.2, this CAO applies on and from 2 December 2021 to each of the following:

(a) subject to subparagraph (b), an AOC, other than a foreign air transport AOC;

Note The expression “foreign air transport AOC” and the related expression “foreign air transport operation” are defined in the CASR Dictionary. See Part 129 of CASR.

(b) except when subsection 11 applies — an AOC which covers application operations under Part 137 of CASR;

(c) a Part 138 certificate;

(d) a Part 141 certificate;

(e) a flight crew member employed by the holder of an AOC or a certificate to which subparagraph (a), (b), (c), or (d) applies;

(f) for the purposes of subsection 16 — a flight crew member mentioned in that subsection;

(g) a flight crew member on a flight conducted as a private operation.

4.2 Without affecting paragraph 4.4, this CAO does not apply to any of the following:

(a) a Part 141 operator for authorised Part 141 flight training;

(b) a Part 142 operator for authorised Part 142 activity;

(c) an FCM of an operator mentioned subparagraph (a) or (b);

if the flight training or the activity is conducted in a flight simulation training device as the sole and exclusive form of training or activity conducted by the operator under the authorisation.

Note The CAO will apply to a person mentioned in subparagraph (a) or (b), and hence apply to a person mentioned in subparagraph (c), if any training or activity involves operations in an aircraft.

4.3 Subject to paragraph 4.4, this CAO sets out:

(a) for paragraph 28BA (1) (b) of the Act — conditions on each AOC mentioned in subparagraphs 4.1 (a) and (b); and

(b) for subregulation 11.068 (1) of CASR, conditions on each of the following:

(i) each Part 138 certificate mentioned in subparagraph 4.1 (c);

(ii) each Part 141 certificate mentioned in subparagraph 4.1 (d);

Note Conditions on an AOC are imposed under paragraph 28BA (1) (b) of the Act. Conditions on a Part 141 certificate or a Part 138 certificate are imposed under subregulation 11.068 (1) of CASR.

(c) for subregulation 11.068 (1) of CASR — conditions on the flight crew licence of each flight crew member mentioned in subparagraphs 4.1 (e), (f) and (g).

4.4 The condition set out in paragraph 16.1 applies to the holder of a flight crew licence whether or not the person is employed by the holder of an AOC or a Part 138, Part 141,or Part 142 certificate mentioned in paragraph 4.1 or 4.2.