Part 10RESERVED

CHAPTER 10 RESERVED CHAPTER 11 CARRIAGE OF AERIAL WORK PASSENGERS OR AERIAL WORK CARGO 11.01 Application (1) This Chapter applies only to an aerial work certificate holder. > Note Only an aerial work certificate holder may carry aerial work passengers. 11.02 Carriage of 1 to 9 aerial work passengers in IFR flights (1) For subparagraph 138.305 (2) (c) (iv), 1 to 9 aerial work passengers may be carried in an IFR flight, but only if the aircraft is: (b) a PSEA — except that if 4 or more aerial work passengers are being carried, only a PSEA that is operated in accordance with the operator’s operations manual procedures for suitable routes and forced landing areas for a PSEA; or (c) subject to subsection (2), a multi-engine rotorcraft operated with OEI accountability. (2) For paragraph (1) (c), a multi-engine rotorcraft need not be operated with OEI accountability if the rotorcraft is operated in an ESO, or in training for an ESO, and paragraphs (a) and (c), or (b) and (c), below, apply: (a) it is landing at, or taking off from, an ESO operating site outside an AWZ; and (b) it is being operated, at an ESO operating site, in accordance with the operator’s operational risk assessment process under Chapter 13 for a Class D external load (that is, a person being rescued or the insertion or extraction of emergency service personnel); and (c) when it departs from the ESO operating site it is able, from 300 ft above the site, to do the following until it reaches the minimum flight altitude for a point on the route for the flight: (i) be operated at a weight at which the rate of climb with one engine inoperative would be at least 150 ft per minute at a height of 1 000 ft above the departure ESO operating site for the flight; 11.03 Carriage of 1 or 2 aerial work passengers in VFR flights at night (1) For subparagraph 138.305 (2) (c) (iv), up to 2 aerial work passengers may be carried in an VFR flight at night, but only if the aircraft is: (b) a PSEA; or (c) a single-engine rotorcraft but only if: (i) the rotorcraft is operated over an area where there is substantial ground lighting; and (ii) attitude can be maintained, and the availability of suitable forced landing areas can be ascertained, by the use of visual external surface cues as a result of the substantial ground lighting; or (d) a single-engine rotorcraft but only if: (i) the flight is conducted in accordance with the requirements for an NVIS operation; and (iii) when over water: (A) the operation occurs within 10 NM of the coast; and (B) the rotorcraft is equipped with an approved rotorcraft floatation system; and (iv) either: (A) one or more suitable forced landing areas are available and usable by the rotorcraft at all stages of the flight; or > Note A suitable forced landing area is considered available if the flight crew: (a) can see it using natural vision and available lighting, or using their NVIS; and (b) can safely reach it from the rotorcraft’s current position in the flight. (B) the operator, the pilot and the rotorcraft meet each applicable requirement mentioned in section 9.05; or (e) subject to subsection (2), a multi-engine rotorcraft operated with OEI accountability. (2) For paragraph (1) (e), the multi-engine rotorcraft need not be operated with OEI accountability if the rotorcraft is operated in an ESO, or in training for an ESO, and paragraphs (a) and (c), or (b) and (c), below, apply: (a) it is landing at, or taking off from, an ESO operating site outside an AWZ; (b) it is being operated, at an ESO operating site, in accordance with the operator’s operational risk assessment process under Chapter 13 for a Class D external load (that is, a person being rescued or the insertion or extraction of emergency service personnel); (c) when it departs from the ESO operating site it is able, from 300 ft above the site, to do the following until it reaches the minimum flight altitude for a point on the route for the flight: (i) be operated at a weight at which the rate of climb with one engine inoperative would be at least 150 ft per minute at a height of 1 000 ft above the departure ESO operating site for the flight; 11.04 Carriage of 3 to 9 aerial work passengers in VFR flights at night (1) Subject to subsection (3), for subparagraph 138.305 (2) (c) (iv), 3 to 9 aerial work passengers may be carried in an VFR flight at night, but only if the aircraft is: (b) a PSEA — except that if 4 or more aerial work passengers are being carried, only a PSEA that is operated in accordance with the operator’s operations manual procedures for a PSEA; or (c) subject to subsection (2) — a multi-engine rotorcraft equipped for flight under the IFR and operated with OEI accountability; or (d) subject to subsection (2) — a multi-engine rotorcraft: (i) equipped for and using NVIS flight, with an NVIS qualified flight crew and an operator approved for NVIS operations; and (ii) operated with OEI accountability. (2) For paragraphs (1) (c) and (d), the multi-engine rotorcraft need not be operated with OEI accountability if the rotorcraft is operated in an ESO, or in training for an ESO, and paragraphs (a) and (c), or (b) and (c) apply: (a) it is landing at, or taking off from, an ESO operating site outside an AWZ; and (b) it is being operated at an ESO operating site in accordance with the operator’s operational risk assessment process under Chapter 13 for a Class D external load (that is, a person being rescued or the insertion or extraction of emergency service personnel); and (c) when it departs from the ESO operating site it is able, from 300 ft above the site, to do the following until it reaches the minimum flight altitude for a point on the route for the flight: (i) be operated at a weight at which the rate of climb with one engine inoperative would be at least 150 ft per minute at a height of 1 000 ft above the departure ESO operating site for the flight; (3) For an aeroplane mentioned in subsection (1): (a) if the aeroplane has a MTOW that is less than 5 700 kg — a pilot assigned by the operator for the flight must be authorised under Part 61 of CASR to conduct an IFR flight; and (b) if the aeroplane has a MTOW that is 5 700 kg or more — each pilot for the flight must be authorised under Part 61 to conduct an IFR flight. > Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements. 11.05 Carriage of 10 or more aerial work passengers For subparagraph 138.305 (2) (c) (iv), 10 or more aerial work passengers may be carried in an aerial work operation, but only if: (a) for an IFR flight, a VFR flight at night, or an operation over water — the aircraft is a multi-engine aircraft, type certificated in the transport category; and (b) for a day VFR operation — the aircraft’s certificate of airworthiness, or authorisation (however described) issued by the NAA of a Contracting State that is equivalent to a certificate of airworthiness, must state that the certificate or authorisation (as the case requires) is issued in the transport category; and > Note The aircraft’s certificate of airworthiness would state that the certificate is issued in the transport category. (c) the total number of aerial work passengers on board the aircraft does not exceed a passenger limitation specified in the AFM; and (d) any aerial work passenger in excess of 9 may only be a person who has been rescued in the course of an ESO. 11.06 Requirements for aerial work passengers (1) Subject to subsection (2), for subregulation 138.305 (2) (c) (iv), a person may be carried on a flight as an aerial work passenger if the person is a member of a class of persons mentioned in section 2.02. (2) Subsection (1) applies only if the aerial work certificate holder has procedures in the operations manual: (a) to ensure that the flight: (i) is conducted in accordance with the requirements of this MOS (as applicable); and (ii) does not contravene regulations 91.265, 91.267, 91.277 and 91.305, as and when they apply to the flight; and > Note Regulations 91.265, 91.267, 91.277 and 91.305 are minimum height regulations. However, under Chapter 9 of the MOS, they do not apply for certain flights if the Chapter 9 flight conditions are complied with. This is the context for the expression “as and when \[those minimum height regulations\] apply to the flight”. (b) that describe how the requirements of regulation 91.565 will be complied with by the pilot in command of the flight; and (c) for the conduct of the operation and the safety of the person. 11.07 Carriage of 1 or more aerial work passengers over water (1) For subparagraph 138.305 (2) (c) (iv), for any stage of a rotorcraft flight with passengers that is conducted over water, 1 or more suitable forced landing areas must be available and usable by the rotorcraft. (2) For subsection (1), an area of water is a suitable forced landing area only if subsections 1.06 (2), (3) and (4) of this MOS are satisfied. (3) Subsection (1) does not apply to a multi-engine rotorcraft if the rotorcraft: (a) is operated in accordance with paragraphs (b) and (c) of the definition of OEI accountability for the flight of a multi-engine rotorcraft; and (b) after the failure of an engine, is: (i) able to continue to fly OEI to a suitable forced landing area available and usable on land; or (ii) able to safely land and shut down on a vessel to which the rotorcraft has been operating. (4) Subsection (1) does not apply to a rotorcraft conducting the phase of a flight that is an ESO operation at an ESO operating site.