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Part 138 (Aerial Work Operations) Manual of Standards 2020
Part 17REQUIREMENTS FOR TASK SPECIALIST OPERATIONS
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CHAPTER 17 REQUIREMENTS FOR TASK SPECIALIST OPERATIONS
17.01 Application
Unless it provides otherwise, this Chapter applies to task specialist operations of the following operators:
Division 2 Aerial mustering operations
17.02 Pilot qualifications and experience
(1) This Division applies in relation to a task specialist operation that involves aerial mustering below 500 ft AGL in a rotorcraft (the proposed aerial mustering).
(2) For paragraph 138.500 (1) (c), the pilot in command must have at least the following:
(a) 200 hours’ experience as a pilot in the category of aircraft in which the proposed aerial mustering will be carried out, of which at least 100 hours must have been spent as pilot in command or pilot in command under supervision (PICUS);
> Note The categories of aircraft that are also rotorcraft are helicopter, powered-lift aircraft and gyroplane. Regulation 138.205 requires aircraft used in aerial work operations to be type certificated in the normal, commuter, or transport category if an aerial passenger is carried; and in the normal, commuter, transport, restricted or utility category if such a passenger is not carried. This rule may preclude a category of aircraft from being used in aerial work operations if the relevant type certificate is not available.
(b) either:
(i) 100 hours’ experience as a pilot in the type or class of rotorcraft in which the proposed aerial mustering will be carried out; or
(ii) if the pilot already has 100 hours’ experience as a pilot in aerial mustering operations — 5 hours’ experience as a pilot in the type or class of rotorcraft in which the proposed aerial mustering will be carried out;
(c) subject to subsections (2A) and (2B), before commencing unsupervised operations as the pilot in command of a rotorcraft in an aerial mustering operation below 500 ft — 100 hours of operational training in aerial mustering operations in the type or class of rotorcraft in which the proposed aerial mustering will be carried out;
(2A) For paragraph (2) (c):
(a) at least 60 hours of the 100 hours must have been training as PICUS with the training pilot; and
(b) the remaining hours may be either of the following, in the discretion of the training pilot:
(i) as PICUS with the training pilot; or
(ii) solo under the detailed personal direction of the training pilot.
(2B) Paragraph (2) (c) does not apply to the pilot in command of a type or class of rotorcraft in which proposed aerial mustering will be carried out below 500 ft if, in the 12 months immediately before 2 December 2021, the pilot had conducted aerial mustering in the same type or class of rotorcraft.
(3) For subsection (2A), but without affecting any applicable requirements under Chapter 23:
> training pilot means a pilot who:
(a) is qualified to conduct aerial mustering in the type or class of rotorcraft in which the proposed aerial mustering is to be conducted (the relevant rotorcraft); and
(b) has at least the following experience conducting aerial mustering operations in the relevant rotorcraft:
(i) 2 000 hours’ experience;
(ii) 4 years’ experience; and
(c) for an operation by an aerial work certificate holder — is nominated by the holder to conduct the training.
Division 3 Firearms and aerial work operations
17.03 Application
(1) This Division is for paragraph 138.432 (2) (b).
(2) The operator and the pilot in command of an aircraft in an aerial work operation must each ensure that a firearm is not possessed or carried on the aircraft, or discharged by any person while on the aircraft, unless the applicable requirements of this Division are complied with.
17.04 Possession and carriage of a firearm
For a person to possess or carry a firearm on an aircraft where there is no intent or likelihood of the firearm being discharged, the following requirements apply:
(a) the operator must have written procedures for the safe on-board storage of the firearm during the operation and the procedures must include the requirements of this section;
(b) the procedures must require that the pilot in command is informed of, and consents to, a firearm being possessed or carried on the aircraft;
(c) the pilot in command must be so informed and voluntarily consent, in accordance with paragraph (b);
(d) the person who possesses or carries the firearm must be made aware of the procedures and, before boarding the aircraft, agree to comply with them;
(e) before the aircraft takes off for the operation the requirements of this section and the operator’s procedures must have been complied with.
17.05 Pilot requirements for aerial platform shooting
(1) The pilot in command of the aircraft engaged in aerial platform shooting must:
(a) have been trained by the operator in the safe possession, carriage and discharge of firearms by a person while on an aircraft; and
(b) either:
(i) have documented experience as a pilot in aerial platform shooting operations; or
(ii) for the purpose of gaining such documented experience — have commenced, and be still engaged in, training which is conducted by a person who:
(A) meets the requirements in section 23.10 of this MOS; and
(B) has documented experience in aerial platform shooting operations.
(2) The pilot in command of an aerial work certificate holder’s aircraft is taken to meet the requirements of subparagraph (1) (b) (ii), if the pilot meets the requirements for gaining the relevant experience as set out in the operator’s operations manual.
17.06 Task specialist requirements — discharge of firearms
(1) For this section of the MOS, to be authorised to carry, otherwise possess, and discharge, a firearm for a particular task specialist operation in a particular category of aircraft, a task specialist must:
(a) be authorised to carry, otherwise possess and discharge the firearm by a law of the Commonwealth, the State or the Territory; and
(b) meet the requirements of this section.
(2) The task specialist must have successfully completed a training course about the on-board storage, carrying, otherwise possessing, and discharging, of a firearm for the particular task specialist operation in the particular category of aircraft to be used in the operation.
(3) For subsection (2), the training course must be:
(a) based on a written syllabus; and
(b) conducted by:
(i) the operator, in accordance with a firearms possession and use training program set out in the operator’s operations manual; or
(ii) an aerial platform shooting training organisation whose course is accredited for this purpose by an authority of a State or Territory; and
(c) documented by the operator or the organisation (as the case may be) in records that must be retained in safe custody for at least 3 years after the training course was completed.
(4) The task specialist must have a current certificate of competency, issued by the operator or the training organisation (as the case may be), certifying that, for 2 years from completion of the training course, the task specialist may safely carry the relevant firearm in, and may safely discharge the relevant firearm from, the category of aircraft used in the operation.
(5) For animal culling operations, within the 2 years immediately before commencing the culling operation in a particular category of aircraft, the task specialist must have:
(a) discharged a firearm from an aircraft of the same category, for animal culling purposes; or
(b) successfully completed, for an aircraft of the same category:
(i) the training course mentioned in subsection (2); or
(ii) a refresher training course based on the training course mentioned in subsection (2).
(6) For subparagraph (5) (b) (ii), subsections (2) and (3) apply to a refresher training course as if, in those subsections, references to “training course” were references to “refresher training course”.
17.07 Additional requirements — discharge of firearms
(1) Before a firearm is discharged by a task specialist while on an aircraft in flight, a trial must be conducted by the pilot in command to ensure that the safe operation of the aircraft will not be affected by:
(a) the ejection of empty cartridge cases from the firearm; or
(b) the noise level of the firearm when fired.
(2) For subsection (1), for an operation by an aerial work certificate holder:
(a) the operations manual must contain the procedures for the trial; and
(b) the holder must ensure that the pilot in command conducts a trial in accordance with the procedures.
(3) Only a task specialist, authorised in accordance with subsection 17.06 (1), may operate the firearm.
(4) The pilot in command must not assist in any way with the operation of the firearm.
(5) For animal culling operations, the firearm must remain unloaded at all times during the flight, except when it is to be fired at an identified target for culling purposes.
(6) Subject to subsection (7), for a licenced firearm which in normal operation is designed to eject spent cartridge cases, the ejection must be:
(a) downwards, and not more than 90 degrees back from the line of fire; or
(b) into a rigid container securely attached to the firearm.
(7) If there is any risk that a cartridge (whether spent or not) may cause foreign object damage to any external or internal part of the aircraft on being ejected from a firearm, a collection case must be used to receive the ejected cartridge.
(8) Any rigid container or collection case must be securely closed:
(a) during take-off and landing; and
(b) at any other time when the pilot in command directs.
(9) Subject to subsections (10) and (11A), an aerial work operation whose purpose involves the discharge of a firearm from an aircraft must not occur within 3 NM of any of the following:
(a) an occupied building;
(b) a populous area;
(c) a public gathering.
(10) Subsection (9) does not apply to an aerial work operation if:
(a) the operation involves the discharge of a firearm from an aircraft (shooting) by a shooter for the purpose of the humane killing of an animal that is injured or being culled (the proposed operation); and
(b) the shooter is engaged by an aerial shooting organisation for the proposed operation; and
(c) the aerial work operator has a procedure in its operations manual for compliance with Chapter 13 in relation to the proposed operation; and
(d) the aerial shooting organisation complies with the requirements in subsection (11).
(11) For the proposed operation, the aerial shooting organisation must:
(a) have an aerial shooting safety management plan (an ASSMP); and
(b) use the ASSMP to create a specific aerial shooting plan; and
(c) provide the relevant sections of the ASSMP and the aerial shooting plan to the following:
(i) the shooter;
(ii) the aerial work operator, and the pilot in command of the operation;
(iii) the person who occupies (or, if not occupied, who exercises control over) the land over which the shooting will occur (the person affected); and
(d) brief the aerial work operator and the pilot in command on the shooting plan; and
(e) obtain, and retain for at least 12 months, the aerial work operator’s written agreement that:
(i) the risks have been assessed under Chapter 13; and
(ii) the risk criteria under section 13.02 are satisfied; and
(f) ensure that the person affected has no objections to the proposed operation or the aerial shooting plan.
> Note Any failure to comply with the requirements of this subsection and the risk mitigators in the aerial shooting plan will raise the risk profile of the operation for the aircraft, the crew and third parties, and result in the operation being in breach of subsection (9).
(11A) Subsection (9) does not apply to an aerial work operation if:
(a) the operation involves the discharge of a firearm from an aircraft (shooting) by a shooter for the purpose of training for police aerial shooting operations from rotorcraft (a shooting training operation); and
(b) the shooter is a task specialist who is a member of 1 of the following:
(i) a State or Territory police service;
(ii) the Australian Federal Police;
(iii) the Australian Defence Force (ADF); and
(c) the shooting training operation is conducted at a place that is, under the laws of the relevant State or Territory, a dedicated shooting range; and
(d) the shooting range has been risk assessed by both of the following (the relevant parties):
(i) the relevant police service, the AFP or the ADF (as applicable);
(ii) the operator of the rotorcraft;
to be a safe place for the proposed operation to occur; and
(e) the relevant parties have devised such location-specific operating procedures and limitations as are necessary to ensure the safe conduct of the operation; and
(f) a record of the risk assessment, and the location-specific operating procedures and limitations, are included in the operator’s operations manual.
(12) In this section:
> aerial shooting organisation means a person whose business activity is the humane shooting of animals from the air for the purposes of culling or euthanasia.
> Note An aerial shooting organisation may be a self-employed shooter, or a corporation that engages shooters, or an aerial work operator that conducts aerial shooting.
> aerial shooting plan, for a proposed operation, means a plan, specific to the nature and location of the proposed operation, and promptly available to CASA on written request to the operator or the aerial shooting organisation, that identifies and, as far as practicable, mitigates the following that may arise from the proposed operation:
(a) specific hazards to human life and property, both in the air and on the ground; and
(b) the risk of inhumane outcomes for animals.
> aerial shooting safety management plan (ASSMP) means a plan, promptly available to CASA on written request to the operator or the aerial shooting organisation, setting out the standard operating procedures of an aerial shooting organisation for the planning, risk assessment, risk mitigation, conduct, WHS compliance, and overall safety of an operation for the humane shooting of an animal from the air.
> WHS is short for workplace health and safety and means the laws for these purposes applicable in a location.
17.08 Communication requirements
(1) Subject to subsection (2), an operation under this Division which involves the discharge of a firearm must not be conducted unless it is possible at all times during the operation for the pilot in command and the task specialist to audibly communicate with each other.
> Note Communication may be face-to-face or through a serviceable handsfree intercom, but it must be possible and audible at all times. If communication ceases to be possible during the operation, the operation must cease immediately.
(2) Subsection (1) does not apply to an operation under this Division that involves the discharge of a firearm from an aircraft, or training for such a discharge, if:
(a) the shooter is a task specialist who is a member of 1 of the following:
(i) a State or Territory police service;
(ii) the Australian Federal Police;
(iii) the Australian Defence Force (ADF); and
(b) the aerial work operator’s operations manual contains alternative procedures for communication between the task specialist, and the flight crew members and the air crew members.
> Note For example, the operations manual might contain procedures describing how specific hand signals may be used for communication.
Division 4 Marine pilot transfer
17.09 Task specialist marine pilot transfer operations
(1) This Division applies for a task specialist operation (the operation) that is:
(a) a marine pilot transfer; and
(b) conducted at night at a distance greater than 10 NM from land.
(2) For subregulation 138.430 (2), the operator and the pilot in command must each ensure that the requirements of this Division are complied with.
(3) The rotorcraft used in the operation must:
(a) be flown by 2 pilots; or
(b) be fitted with an autopilot and flown by one or more pilots.
Note See section 22.05 for the requirements relating to operative and inoperative equipment.
(4) With effect from the beginning of 2 December 2023, a single-engine rotorcraft must be equipped with a usage monitoring system.
> Note See section 22.06 for the requirements of a usage monitoring system.
Division 5 NVIS fire mapping
17.10 Application
This Division applies to an NVIS operator, and the pilot in command of the operator’s aircraft, when engaged in NVIS fire mapping.
17.11 Compliance
For subregulation 138.430 (2), the operator, and the pilot in command, of an aircraft engaged in NVIS fire mapping must each ensure that the requirements of this Division are complied with.
17.12 Crew composition, qualification, and experience
(1) The minimum crew for NVIS fire mapping conducted at or above 1 000 ft AGL must be the following:
(a) 1 NVIS pilot;
(b) 1 task specialist who is the fire mapping observer.
(2) The minimum crew for NVIS fire mapping conducted below 1 000 ft AGL must be the following:
(a) 1 NVIS pilot;
(b) 1 NVIS air crew member;
(c) 1 task specialist who is the fire mapping observer.
CHAPTER 17A REQUIREMENTS FOR FIREGROUND PERSONNEL CARRIAGE OPERATIONS
17A.01 Application etc.
(1) This Chapter applies to fireground personnel carriage operations of an aerial work certificate holder.
(2) The requirements set out in this Chapter are prescribed for the purposes of paragraphs 138.010 (1) (d) and 138.020 (b), and regulation 201.025, of CASR.
> Note The definition of fireground personnel carriage operation in subsection 1.04 (6) limits such operations to aerial work certificate holders only. A limited aerial work operator, therefore, cannot conduct a fireground personnel carriage operation.
Division 2 Requirements for fireground personnel carriage operations
17A.02 Pre-flight requirements
(1) The operator for a flight that is a fireground personnel carriage operation must ensure that the requirements stated in this section are complied with before the commencement of the flight.
(2) The operator must verify that each passenger who is carried in a helicopter for the fireground personnel carriage operation has:
(a) acknowledged, in writing, that the passenger has been informed of the increased risks of a fireground personnel carriage operation, as compared to a Part 133 operation, in sufficient time before the flight, to enable the passenger to have appropriately considered the passenger’s decision to give the consent under paragraph (c); and
(b) acknowledged, in writing, the passenger’s understanding that the passenger’s participation in fireground personnel carriage operations in general, or a particular fireground personnel carriage operation, is voluntary, and that the understanding was reached in sufficient time before the flight, to enable the passenger to have appropriately considered the passenger’s decision to give the consent under paragraph (c); and
(c) consented, in writing, to participate in fireground personnel carriage operations in general, or a particular fireground personnel carriage operation, unless and until the passenger withdraws the consent in writing; and
(d) given the acknowledgements under paragraphs (a) and (b) no earlier than 12 months before the day of the flight; and
(e) received copies of the passenger’s acknowledgements under paragraphs (a) and (b), and the passenger’s consent under paragraph (c); and
(f) completed any relevant training (including any recurrent training), determined to be necessary by the operator.
(3) The operator must verify the matters mentioned in subsection (2) by receiving written notification from the relevant fireground emergency organisation to the effect that each of the requirements stated in subsection (2) has been met for each passenger who is carried in a helicopter for the fireground personnel carriage operation.
17A.03 Operational requirements
(1) The operator for a flight that is a fireground personnel carriage operation must ensure that the relevant helicopter, when operated in or over a populous area for the flight, is operated with OEI accountability.
(2) The operator for a flight that is a fireground personnel carriage operation, in relation to a fire emergency at a relevant fireground, must ensure that any of the following does not happen in conjunction with the operation:
(a) a positioning flight;
(b) a dispensing operation;
(c) an external load operation;
(d) a task specialist operation, other than aerial spotting, or aerial photography, conducted in relation to the emergency.
17A.04 Operator record keeping
The operator for a flight that is a fireground personnel carriage operation must maintain a record of its verification of the matters mentioned in subsection 17A.02 (2) for a period of at least 3 months after the day the flight ends.