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Part 138 (Aerial Work Operations) Manual of Standards 2020
Part 16REQUIREMENTS FOR DISPENSING OPERATIONS
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CHAPTER 16 REQUIREMENTS FOR DISPENSING OPERATIONS
16.01 Application
This Chapter applies to the following operators (operators):
16.02 Dispensing operations to be in VMC
For subregulation 138.425 (2), an operator and the pilot in command must ensure that a dispensing operation is conducted only in VMC, unless the operation is:
(a) cloud seeding conducted in IMC; or
(b) dispensing in the course of an ESO for a surveillance or SAR operation that is carried out:
(i) by an aerial work certificate holder; and
(ii) in accordance with the procedures in the operator’s operations manual.
> Note An aerial application operation under regulation 137.010 of CASR is not a dispensing operation — see paragraph 138.010 (5) (e).
16.03 Requirements for dispensing operations
(1) For subregulation 138.425 (2), an operator and the pilot in command must ensure that the requirements set out in this section are complied with for a dispensing operation over land or water.
(2) The substance or object to be dropped or released in the dispensing operation must be carried:
(a) inside the aircraft; or
(b) in a manner specified in the AFM; or
(c) in a manner set out in the operator’s operations manual.
(3) The opening through which the substance or object is dropped must be such that, when dropped, the substance or object does not:
(a) damage any part of the aircraft; or
(b) affect the operation of any part of the aircraft.
(4) The size to weight ratio of each individual object to be dropped must be such that, when released, the object immediately drops away from the aircraft.
(5) The dimensions of the site on to which the substance or object is to be dropped (the drop site) must be such that there is no risk of the substance or object falling outside the site.
(6) Subsection (5) does not apply to the following:
(a) an ESO; or
(b) the dropping of leaflets, liquids, powders or fine grains;
provided that what falls outside the drop site does not create a hazard for persons or property anywhere.
(7) A drop site must be cleared of all persons and livestock before a substance or object is dropped onto the site.
(8) Subsection (7) does not apply if:
(a) a risk assessment, performed in accordance with Chapter 13, establishes that dropping the substance or object on the site, in the circumstances, does not constitute an unacceptable risk of injury or damage to any person, property or livestock on the site; or
(b) the operation is an ESO.
(9) The dropping of a substance or object must be controlled by a task specialist.
(10) The pilot in command of the aircraft may be the task specialist for the dropping but only if the pilot can perform the role:
(a) while remaining at all times in the normal flying crew position; and
(b) without in any way affecting the pilot’s ability to control the aircraft normally.
(11) During the dropping phase of a dispensing operation in which the pilot in command is not the task specialist:
(a) the pilot in command and the task specialist must maintain effective communication with each other; and
(b) the substance or object may only be dropped with the expressed consent of the pilot in command.
Division 2 NVIS firebombing
16.04 Application
This Division applies to an NVIS operator, and the pilot in command of the operator’s aircraft, when engaged in NVIS firebombing (the operation).
16.05 Compliance
(1) For subregulation 138.425 (2), the NVIS operator, and the pilot in command, of an aircraft engaged in NVIS firebombing must each ensure that the requirements of this Division are complied with.
(2) An aeroplane may only be used in NVIS firebombing below the prescribed height if:
(a) the operation is the subject of the NVIS operator’s detailed risk assessment given to CASA; and
(b) the NVIS operator satisfies CASA that the operator and the pilot in command are demonstrably capable and competent to conduct and carry out the operation; and
(c) the NVIS operator holds a CASA approval for the NVIS firebombing under regulation 138.025.
> Note Applications for approvals are assessed by CASA in accordance with Subpart 11.B of CASR. Operators should note that CASA may apply conditions to an approval in accordance with regulation 11.056.
16.06 Crew composition, qualification and experience
(1) The minimum crew for the operation must be at least 2 NVIS pilots, one of whom is the pilot in command.
(2) The pilot in command of a helicopter for the operation must:
(a) hold a Grade 1 NVIS endorsement under Part 61 of CASR; and
(b) satisfy the relevant instrument proficiency and recency requirements under Part 61 of CASR.
> Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.
(3) Each pilot of a helicopter for the operation must have the following aeronautical experience:
(a) 1 500 hours of flight time as a pilot in command of a helicopter;
(b) 50 hours in the type or class of helicopter being used for the NVIS firebombing;
(c) 100 hours of flight time in a helicopter conducting firebombing operations by day or night.
16.07 Use of a belly tank
(1) An aircraft belly tank may only be filled or refilled from 1 of the following locations:
(a) for a helicopter on the ground — a source on the ground at an HLS-NVIS standard;
(b) for a helicopter in the hover and using the helicopter’s on-board pump — a portable tank at an HLS-NVIS standard;
(c) for an aeroplane on the ground — a source on the ground at an aerodrome;
(d) otherwise — any location, or multiple locations with particular common characteristics, for which the operator holds a CASA approval under regulation 138.025.
(2) For paragraph (1) (c), CASA may approve a location or a kind of location (with or without conditions) if:
(a) the operator’s application includes a detailed risk assessment; and
(b) taking into account the following:
(i) the risks identified by the operator or by CASA;
(ii) the nature of the operation;
(iii) the nature of the location or kind of location;
(iv) any conditions that would be imposed on an approval;
approval of the location, or kind of location, would not have an adverse effect on aviation safety.
> Note Conditions may include (but are not limited to), for example, limitations on flight time for particular operations or locations; requirements for underwater escape training; collection system and other equipment requirements, including additional searchlighting; prior survey of locations and environmental circumstances such as weather and degree of moonlight.
Division 3 — NVIS incendiary dropping
16.08 Application
This Division applies to an NVIS operator, and the pilot in command of the operator’s aircraft, when engaged in NVIS incendiary dropping (the operation).
16.09 Compliance
For subregulation 138.425 (2), the NVIS operator, and the pilot in command, of an aircraft engaged in NVIS incendiary dropping must each ensure that the requirements of this Division are complied with.
16.10 Crew composition, qualification and experience
The minimum crew must be:
(a) 2 NVIS pilots, and 1 task specialist who is an incendiary dropping device operator; or
(b) 1 NVIS pilot, and 1 NVIS air crew member, and 1 task specialist who is an incendiary dropping device operator.