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Part 138 (Aerial Work Operations) Manual of Standards 2020
Part 23FLIGHT CREW TRAINING AND CHECKING
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CHAPTER 23 FLIGHT CREW TRAINING AND CHECKING
Division 1 Flight crew training and checking events
23.01 Application
(1) This Division applies only to an aerial work certificate holder (an operator) whether or not regulation 138.125 applies to the operator.
(2) For subregulation 138.475 (3), this Division prescribes the requirements relating to training and checking that must be completed by an FCM of an operator, for a flight.
(3) Each requirement set out in this Division for an FCM is a training and checking requirement for subsection (2).
> Note Paragraph 138.155 (1) (h) requires aerial work certificate holders to include in their operations manuals the details of each plan, process, procedure, program and system implemented by the holder to safely conduct and manage aerial work operations in compliance with the civil aviation legislation.
23.02 General emergency training and competency
(1) The requirements of this section must be met before a person acts as an FCM for a flight.
(2) The FCM must complete general emergency training that includes the following:
(a) general emergency and survival procedures;
(b) aircraft evacuation procedures;
(c) procedures for dealing with specific emergency situations;
(d) locating, accessing, and using the emergency equipment and survival equipment on the aircraft;
(e) for a flight that requires life rafts to be carried:
(i) where the flight is in an aeroplane — training in ditching procedures, and training, including in-water practical training, in the use of life jackets and life rafts; and
(ii) where the flight is in a rotorcraft — training in ditching procedures, and training, including in-water practical training, in underwater escape and the use of life jackets and life rafts;
(f) for a flight to which paragraph (e) does not apply but that requires life jackets to be carried or worn:
(i) where the flight is in an aeroplane — training in ditching procedures, and training, including in-water practical training, in the use of life jackets; and
(ii) where the flight is in a rotorcraft — training in ditching procedures, and training, including in-water practical training, in underwater escape and the use of life jackets.
(3) The FCM must:
(a) subject to paragraph (b), successfully complete a general emergency competency check for the operator that covers at least all of the matters mentioned in subsection (2) (as applicable); and
(b) for paragraph (a), successfully complete the check in relation to each kind of aircraft in which the FCM is to conduct operations as an FCM for the operator.
(4) The successful completion of a general emergency competency check for the operator under and for this section is the first previous general emergency competency check for an FCM for the purposes of subsection 23.05 (2).
23.03 Conversion training and proficiency checks
(1) The requirements of this section must be met before a person acts as an FCM for a flight without the direct supervision of a person who meets the requirements of paragraph 138.505 (2) (a) or (b).
(2) The FCM must complete conversion training that includes the following:
(a) training in the duties and responsibilities for the FCM’s position;
(b) training in the procedures relating to the operator’s operations;
(c) training in the standard operating procedures for the aircraft used for the flight;
(d) normal and emergency procedures for the kind of aircraft used for the flight;
(e) training specific to the kind of aerial work operation being conducted during the flight;
(e) if the FCM will be conducting operations that involve the carriage of aerial work passengers — training in the conduct of an aerial work passenger briefing and safety demonstration for the kind of aircraft being used for the flight.
(3) The FCM must:
(a) subject to paragraph (b), successfully complete a proficiency check for the operator that covers at least all of the matters mentioned in subsection (2); and
(b) for paragraph (a), successfully complete the check in relation to each kind of aircraft in which the FCM is to conduct operations as an FCM for the operator.
(4) The successful completion of a proficiency check for the operator under and for this section is the first previous operator proficiency check for an FCM for the purposes of subsection 23.05 (3).
23.04 Differences training requirements
The FCM must complete the relevant differences training for a flight in accordance with paragraph 61.200 (e) of CASR.
> Note 1 An FCM’s receipt of a relevant course completion certificate is evidence of the FCM’s completion of the requirement. In the context of section 23.01, the intent of this requirement is to place an obligation on the operator to ensure that the FCM has completed any differences training required by Part 61. See subsection 23.01 (3).
> Note 2 For differences training for a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.
23.05 Recurrent training and checking requirements
(1) The FCM must complete recurrent training and checking for a flight of the operator’s aircraft in accordance with this section.
(2) Recurrent training and checking for the general emergency training matters mentioned in subsection 23.02 (2) must occur at the following intervals:
(a) subject to paragraph (b) — at intervals of not more than 12 months after the previous general emergency competency check covering the matters mentioned in subsection 23.02 (2);
(b) for life jackets, life rafts or underwater escape — at intervals of not more than 3 years after the previous operator competency check for life jackets, life rafts or underwater escape.
(2A) Despite subsection (2), the recurrent training and checking for the general emergency training matters mentioned in paragraphs 23.02 (2) (e) and (f) does not need to include in-water practical training and checking, except for the training and checking in underwater escape.
(3) Recurrent operator proficiency checks, which demonstrate that the FCM is competent to carry out the FCM’s duties for the flight, must occur at the following intervals:
(a) for an FCM of an operator who is not required to have a training and checking system under regulation 138.125 — at intervals of not more than 12 months after the previous operator proficiency check;
> Note Paragraph (a) also applies for the FCM of an operator for a relevant operation for which the operator does not hold an applicable CASA approval to extend a training and checking system already required for certain aircraft or operations to include additional operations, or does not hold a CASA approval to voluntarily adopt a training and checking system where the operator would not normally be required to have such a system, under subsections 4.03 (3) or 4.04 (3).
(b) for an FCM who only flies under the VFR by day for an operator who is required to have a training and checking system under regulation 138.125 — not more than 6 months after first commencing unsupervised line operations for the operator and then at intervals of not more than 12 months after the previous operator proficiency check;
(c) for an FCM who flies under the IFR or the NVFR for an operator who is required to have a training and checking system under regulation 138.125 — at intervals of not more than 6 months after the previous operator proficiency check.
> Note Paragraphs (b) and (c) also apply for the FCM of an operator for a relevant operation for which the operator holds a CASA approval to extend their existing training and checking system to include the relevant aircraft or operation, or holds a CASA approval to voluntarily adopt a training and checking system for the aircraft or operation where the operator is not normally required under regulation 138.125 to have a training and checking system. See sections 4.03 and 4.04.
(4) A check of competency or proficiency required under this section to be completed at intervals of 12 months or 3 years, is deemed to have been completed on its due date if the check is successfully completed within the 90 days before or after its due date.
> Note Thus, the due date does not alter.
(5) A check of competency or proficiency required under this section to be completed at intervals of 6 months, is deemed to have been completed on its due date if the check is successfully completed within the 30 days before or after its due date.
> Note Thus, the due date does not alter.
(6) An FCM who fails to demonstrate proficiency or competency, or continuing proficiency or competency, for this section must not conduct a flight unless:
(a) the FCM is directly supervised by a person who meets the requirements of paragraph 138.505 (2) (a) or (b); or
(b) the FCM has met the remedial training requirements in section 23.06.
> Note An operator commits an offence if the operator assigns to duty for a flight an FCM who has not been assessed as competent to perform the assigned duties in accordance with the operator’s operations manual: see regulation 138.485.
23.06 Remedial training and checking requirements
(1) This section applies if an FCM fails an operator proficiency check or general emergency competency check for an aerial work operation, for an operator, in a specific kind of aircraft.
(2) Before being assigned to duty as an FCM for a flight in the relevant kind of aircraft, the FCM must:
(a) successfully complete a program of remedial training in relation to the matters in which the FCM failed to demonstrate competency, as identified in the operator proficiency check or general emergency competency check result; and
(b) then successfully complete an operator proficiency check or general emergency competency check for the specific kind of aircraft; and
(c) then have the status of an FCM eligible to carry out an unsupervised aerial work operation flight in the specific kind of aircraft, reinstated by the operator, or by another operator who is aware of the circumstances mentioned in subsection (1).
Division 2 Qualification as pilot in command
23.07 Application
(1) This Division applies to the following operators:
(a) an aerial work certificate holder, whether or not subregulation 138.125 (1) applies to the holder;
(2) For paragraph 138.500 (1) (c), this Division prescribes the qualifications and experience a pilot in command must have for a flight for an operator.
23.08 Specific qualifications and experience
(1) For an external load operation that involves a Class D external load in the form of a person suspended from a belly hook, the pilot in command must have at least the following:
(a) 1 000 hours total rotorcraft flight time;
(b) 50 hours on the particular rotorcraft type to be used in the operation;
(c) 100 hours in vertical reference operations;
(d) successfully completed an approved training program for proficiency in sling load operations requiring the carriage of persons (relevant proficiency);
(e) a certificate of relevant proficiency issued by an approved person.
(2) For subsection (1):
> approved person means:
(a) a training and check pilot in accordance with Division 3; or
(b) the operator’s head of operations or another pilot provided that such person:
(i) is competent in imparting Class D external load operation training for picking up, carrying and releasing persons suspended from a belly hook (the relevant activity); and
(ii) has, for the purposes of this subparagraph, applied to CASA for, and been granted, an authorisation, under and for the purposes of this subparagraph, to conduct the relevant activity; or
> Note Subparts 11.B and 11.BA of CASR apply for applications and grants. CASA will require an applicant to complete a test under regulation 11.035 of CASR to demonstrate competency in imparting relevant training for the relevant activity. CASA will provide the person with CASA’s written assessment of the demonstration.
(c) a person who is competent in imparting Class D external load operation training for picking up, carrying, and releasing persons suspended from a belly hook (the relevant activity), and who also:
(i) holds the training endorsement mentioned in column 1 of item 16 of Table 61.1235 of CASR; and
(ii) has, for the purposes of this subparagraph, applied to CASA for, and been granted, an authorisation, under and for the purposes of this subparagraph, to conduct the relevant activity.
> Note Subparts 11.B and 11.BA of CASR apply for applications and grants. CASA will require an applicant to complete a test under regulation 11.035 of CASR to demonstrate competency in imparting relevant training for the relevant activity. CASA will provide the person with CASA’s written assessment of the demonstration.
(3) For an aerial work operation that is a marine pilot transfer, the pilot in command must have the qualifications and experience specified by the operator in relation to the following matters:
(a) the relevant supervised day and night training;
(b) the relevant minimum number of supervised day and night transfers;
(c) the relevant minimum number of supervised day and night shipboard landings and take-offs;
(d) the relevant recent aeronautical experience in marine pilot transfer operations.
Division 3 Individuals who conduct training and checking
23.09 Application
(1) This Division applies only to an aerial work certificate holder (the operator).
(2) For subparagraph 138.505 (2) (a) (ii), this Division prescribes the requirements for an individual mentioned in paragraph (a) of the definition of approved person in Division 2 (the relevant trainer or checker) to conduct the training or check mentioned in Division 1.
> Note 1 This Division applies only to an FCM of an aerial work certificate holder due to subregulation 138.005 (3).
> Note 2 Paragraph 138.155 (1) (h) requires an aerial work certificate holder to include in the operations manual the details of each plan, process, procedure, program and system implemented by the operator to safely conduct and manage aerial work operations in compliance with the civil aviation legislation.
> Note 3 For any training or competency assessment of an FCM that is to be relied upon by the FCM for the issue or revalidation of a qualification under Part 61 of CASR, the person conducting the training or competency assessment must:
(a) be the holder of the same qualification under Part 61; and
(b) meet any additional requirements prescribed in Part 61 for the issue or the revalidation.
23.10 Requirements for individuals conducting training and checking
(1) For an operator who is not required to have a training and checking system under regulation 138.125 — a relevant trainer or checker must be:
(a) the operator’s head of operations — provided that person satisfies the operator’s requirements to perform a training or a competency assessment role; or
(b) another individual who:
(i) satisfies the operator’s requirements to perform a training or a competency assessment role; and
(ii) holds 1 of the following, authorising conduct of the training or competency assessment:
(A) a flight instructor rating;
(B) a flight examiner rating;
(C) a relevant approval under regulation 61.040 of CASR; or
> Note For training or competency assessment in a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 authorisations.
(c) for the purposes of general emergency training and competency assessment — an individual who:
(i) has met the training and assessment requirements set out in the operator’s operations manual for a relevant trainer or checker for the general emergency training or competency assessment (as applicable); and
(ii) is nominated by the operator to conduct the general emergency training or competency assessment, or both, for the operator.
> Note See subsection 23.10 (3) for the method of nomination.
(2) For an operator who is required to have a training and checking system under regulation 138.125 — a relevant trainer or checker must:
(a) meet the minimum experience and entry control requirements for a training pilot, a check pilot, or a training and check pilot (as the case may be, hereafter training and check pilot); and
(b) complete the training program for a training and check pilot; and
(c) has met the relevant recency or proficiency requirements that are required for the conduct of the training or check, as stated in the operator’s training and checking system manual; and
(d) subject to subsection (4), be nominated by the operator to be a training and check pilot for the operator’s training and checking system (a nominated individual).
> Note Subsection (2) also applies if the operator holds a CASA approval to extend their existing training and checking system to include the relevant aircraft or operation, or holds a CASA approval to voluntarily adopt a training and checking system for the aircraft or operation where the operator is not normally required under regulation 138.125 to have a training and checking system. See sections 4.03 and 4.04.
(3) For subparagraph (1) (c) (ii) and paragraph (2) (d), the nomination must be in the operator’s operations manual or training and checking manual (as applicable), and state that the individual meets the requirements set out in subparagraph (1) (c) (ii), or paragraphs (2) (a), (b) and (c), as applicable.
(4) An individual is not required to be nominated under paragraph (2) (d) if the individual holds any of the following:
(a) a Part 61 flight instructor rating with an appropriate training endorsement and current flight proficiency check in the class or type of aircraft to be used for the relevant training or check;
(b) a Part 61 flight examiner rating with an appropriate flight examiner endorsement and current examiner proficiency check in the class or type of aircraft to be used for the relevant training or check;
(c) an approval under regulation 61.040 that confers privileges equivalent to those under paragraph (a) or (b) for the relevant training or check.
23.11 CASA may test nominated individuals
(1) This section is for subparagraph 23.10 (1) (c) (ii) and paragraph 23.10 (2) (d).
(2) CASA may, at any reasonable time, test a nominated individual in order to be satisfied of the individual’s competency to perform the role of a relevant trainer or checker (the nominated role).
(3) For subsection (2), CASA must give the nominated individual a written notice if CASA requires that the individual must undertake a test of knowledge, skill or competence relevant to the nominated role.
> Note If CASA conducts an assessment of an individual and determines that the individual should not be permitted to conduct training or checks, then CASA has the ability under Subpart 11.G of CASR to direct an individual to undertake further training before commencing or continuing in the training or checking role.
(4) The time and location of the test specified in a notice under subsection (3) must be reasonable in the circumstances.
(5) CASA must give the nominated individual a copy of the record of any test, including the testing officer’s assessment of individual’s competence during the test.