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Part 138 (Aerial Work Operations) Manual of Standards 2020
Div 4Definition of suitable forced landing area
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Division 4 Definition of suitable forced landing area
1.06 Suitable forced landing area
Area of ground
(1AA) This section only applies to OEI operations.
(1) In this MOS, an area of ground is a suitable forced landing area for a flight of a rotorcraft in an aerial work operation if the rotorcraft could make a forced landing in the area with a reasonable expectation that there would be no injuries to persons in the rotorcraft or on the ground.
Areas of water
(2) In this MOS, an area of water that meets the requirements mentioned in subsection (3) is a suitable forced landing area for a flight of a rotorcraft in an aerial work operation if the rotorcraft:
(a) is equipped with emergency flotation equipment; or
(b) has a type certificate or supplemental type certificate for landing on water.
(3) For subsection (2), and subject to subsection (4), the requirements are the following:
(a) the rotorcraft must be able to ditch in the area of water with a reasonable expectation that there would be no injuries to persons in the rotorcraft or on the water;
(b) there must be a reasonable expectation that persons in the rotorcraft would survive in the area of water for the time that it would take to be rescued;
(c) if an aerial work passenger is carried — the area of water must be:
(i) adjacent to land; or
(ii) adjacent to an offshore installation with search and rescue capabilities; or
(iii) in a location mentioned in the operations manual of an aerial work operator with search and rescue capabilities.
(4) Factors that affect whether there is a reasonable expectation about the matters mentioned in paragraphs (3) (a) and (b) include the following:
(a) the surface condition of the area of water, including the wave height, wind conditions and swell;
(b) the limits of the capability of the rotorcraft’s emergency flotation system to keep the rotorcraft upright and floating in certain sea conditions.
Division 5 Definition of SAR, search, and rescue
> Note A medical transport operation does not fall within any of the definitions in this Division, and none of the operations in this Division is a medical transport operation.
1.07 SAR, search and rescue
(1) In this MOS:
> rescue operation, or rescue, means an aerial work operation:
(a) that is:
(i) tasked and coordinated by a search and rescue body; or
(ii) self-tasked by an authority mentioned in section 3.03, and coordinated by a search and rescue body; and
(b) the primary purpose of which is to:
(i) retrieve persons who are, or are likely to be, in distress; and
(ii) provide for their initial survival and other needs; and
(iii) deliver them to a place of safety.
> SAR operation has the same meaning as search and rescue operation.
> search operation, or search, means an aerial work operation:
(a) that is:
(i) tasked and coordinated by a search and rescue body; or
(ii) self-tasked by an authority mentioned in section 3.03, and coordinated by a search and rescue body; and
(b) the primary purpose of which is to locate persons who are, or who are likely to be, lost and in distress.
> search and rescue body has the meaning given by Part 1 of the CASR Dictionary.
> Note A search and rescue body means any of the following:
(a) a State or Territory police service or the Australian Federal Police;
(b) the Australian Defence Force;
(c) the Australian Maritime Safety Authority.
> search and rescue operation means an aerial work operation whose primary purpose is a combined search and rescue.
CHAPTER 2 PRESCRIPTIONS FOR CLASSES OF EXTERNAL LOAD AND CLASSES OF AERIAL WORK PASSENGERS
2.01 Classes of external loads
For subregulation 138.410 (3), the following classes of external load operations are prescribed:
(a) a Class A external load, as defined in subsection 1.04 (6);
(b) a Class B external load, as defined in subsection 1.04 (6);
(c) a Class C external load, as defined in subsection 1.04 (6);
(d) a Class D external load, as defined in subsection 1.04 (6);
(e) a Class E external load, as defined in subsection 1.04 (6).
2.02 Aerial work passengers — classes of persons
(1) The following classes of persons are prescribed for the definition of aerial work passenger in the CASR Dictionary:
(a) persons:
(i) present for a purpose, other than mere convenience or enjoyment, that is reasonably and closely associated with the purpose of the operator’s aerial work operations; and
(ii) mentioned in the operations manual in a section describing:
(A) why the person is present; and
(B) the procedures for the person’s safety and personal awareness of risks;
> Note Examples of persons mentioned in paragraph (1) (a) include persons whose absence would be likely to do any of the following:
(a) increase the risks associated with the operation;
(b) make the operation longer in duration;
(c) result in the operation being frustrated or incomplete;
(d) result in training and checking objectives not being accomplished;
(e) result in safety information not being collected for the operator’s safety management system.
(b) persons carried on positioning flights.
> Note See the definition of positioning flight in subsection 1.04 (6).
(2) The following classes of persons are also prescribed for the definition of aerial work passenger in the CASR Dictionary:
(a) persons rescued as part of search and rescue operations;
(b) restricted persons, if the flights are conducted as part of an ESO;
(c) emergency service operation personnel, if the flights are conducted as part of an ESO;
(d) marine pilots, when being transferred to or from ships requiring the services of a marine pilot;
(e) passengers being carried as part of a fireground personnel carriage operation.
> Note See also section 11.06.
CHAPTER 3 OTHER PRESCRIBED BODIES AND ORGANISATIONS INCLUDED IN, OR EXCLUDED FROM, DEFINITIONS FOR PART 138 OF CASR
3.01AA Other operations included in definition of aerial work operation
For paragraph 138.010 (1) (d), the following operations are prescribed:
(a) a fireground personnel carriage operation;
(b) RESERVED
3.01 Other operations excluded from definition of aerial work operation
For paragraph 138.010 (5) (g), the following operations are not included within the definition of aerial work operation:
(a) an operation in which an aircraft tows a thing, and the pilot in command of the aircraft meets the requirement mentioned in paragraph 91.210 (2) (a);
> Note Paragraph 91.210 (2) (a) refers to a towing approval.
(b) an operation that is a flight test for an experimental aircraft conducted under an experimental certificate;
(c) an operation that is a maintenance test flight;
(d) an operation where a person undertaking a parachute descent in accordance with Part 105 of CASR causes a thing to be dropped:
(i) from the aircraft before the descent; or
(ii) during the descent;
(e) an operation that is aerial spotting, carried out in a weight-shift-controlled aeroplane type certificated in the primary category whose operation is administered by a sport aviation body.
3.02 Task specialists included in definition
(1) For paragraph 138.015 (2) (a) of the definition of task specialists, this section prescribes kinds of crew members who are task specialists.
(2) In a task specialist operation where only flight crew are carried on the aircraft, each FCM is prescribed as a task specialist for the flight.
(3) In a task specialist operation where an air crew member is required to be carried for the flight, the air crew member is prescribed as a task specialist for the flight, if the air crew member:
(a) is required to carry out a task specialist function on the flight; and
(b) has been trained and found competent to carry out the function.
(4) In a flight (the first flight), solely to position for a subsequent task specialist operation, a person carried in order to be the task specialist in the subsequent operation is prescribed as a task specialist for the first flight.
3.03 Authorities for emergency service operations
The following authorities are each prescribed for paragraph (b) of the definition of emergency service operation in the CASR Dictionary:
(a) the Australian Federal Police;
(b) the Australian Defence Force;
(c) the Australian Maritime Safety Authority;
(d) the Australian Border Force;
(e) a State or Territory police service;
(f) a State or Territory fire service;
(g) a State or Territory emergency service;
(h) a State or Territory parks, wildlife or forestry service;
(i) a State or Territory surf lifesaving service.