Div 6Aircraft flight over populous areas and public gatherings

Division 6 Aircraft flight over populous areas and public gatherings 9.22 Requirements for aeroplane flight over populous areas or public gatherings (1) This section applies to the pilot in command of an aeroplane that is flown over a populous area or a public gathering, if: (a) the aeroplane is flown below the height, and closer than the distance, specified in paragraph 91.265 (2) (a); and (b) none of the circumstances mentioned in subregulation 91.265 (4) applies. (2) Regulation 91.265 does not apply to the flight if the requirements in this section are complied with. (3) The flight must be an aerial work operation in an AWZ. (4) The flight must be conducted by an aerial work certificate holder. (5) Unless the flight is an ESO, there must be a risk assessment and an AWZ-RA in accordance with the applicable provisions of Chapter 13. (6) The flight must be: (a) in a PSEA; or (b) in a multi-engine aeroplane that, with OEI, is capable, while complying with the requirements of Part 91 of CASR: (i) of climbing to the minimum height required under regulation 91.265, 91.267, 91.277 or 91.305, as applicable for the flight; and (ii) thereafter, of flying to a suitable aerodrome for landing. 9.23 Requirements for rotorcraft flight over populous areas or public gatherings (1) This section applies to the pilot in command of a rotorcraft that is flown over a populous area or a public gathering, if: (a) the rotorcraft is flown below the height, and closer than the distance, specified in paragraph 91.265 (3) (a); and (b) none of the circumstances mentioned in subregulation 91.265 (4) applies. > Note An external load operation must not be conducted over a populous area or a public gathering without the written permission of CASA. See also section 15.09. (2) Regulation 91.265 does not apply to the flight if the requirements in this section are complied with. (3) The flight must be an aerial work operation in an AWZ. (4) The flight must be conducted by an aerial work certificate holder. (5) Unless the flight is an ESO, there must be a risk assessment and an AWZ-RA in accordance with the applicable provisions of Chapter 13. (6) The flight must be conducted in VMC and, if the operation is conducted at night, the pilot in command must use, and be qualified to use, an NVIS. (7) The rotorcraft must be operated: (a) with OEI accountability but only: (i) if multi-engine — with at least en route OEI stay-up performance capability; or (ii) if single-engine — with available suitable forced landing areas at all stages of the flight below the minimum height; or (iii) if single-engine without available suitable forced landing areas at all stages of the flight below the minimum height — with: (A) the requirements of section 9.05 met; and (B) the rotorcraft operated so that it will not create a hazard to persons or property on ground or water in the event of an engine failure or other emergency; or (b) if the flight is an external load operation in an AWZ and the rotorcraft cannot be operated with OEI accountability — only over such parts of the AWZ where an area is available which, if used for a forced landing, will not create a hazard to persons or property not directly involved in the operation.