Part 4TRAINING AND CHECKING SYSTEM

CHAPTER 4 TRAINING AND CHECKING SYSTEM 4.01 Application 4.02 Training and checking system (1) For paragraph 138.125 (1) (c), an aerial work certificate holder who conducts one or more of the following operations must have a training and checking system: (a) an operation using offshore airborne radar approach procedures in accordance with section 8.6 of the Part 173 MOS; (b) an operation using the descent and operational procedures set out in Division 3, 4 or 5 of Chapter 9, as the case requires; (c) an operation for the purposes of training and checking air crew members under Chapter 24 of this MOS; (d) an operation using a multi-engine rotorcraft with MTOW above 3 175 kg that is type certificated in the restricted category; (e) an NVIS operation; (f) a fireground personnel carriage operation. (2) Paragraph (1) (b) does not apply if the operation is a task specialist operation for the purpose of protecting agricultural crops from frost. 4.03 Voluntary extension of a mandatory training and checking system (1) For paragraph 138.020 (b), this section applies to an aerial work operator who conducts operations in an aeroplane or a rotorcraft if the operator is required, under regulation 138.125, to have a training and checking system (the operator’s T&CS) for an operation (a prescribed operation). (2) The operator may voluntarily elect to extend the requirements of the operator’s T&CS to 1 or more of the operator’s operations to which regulation 138.125 does not apply (a relevant operation). (3) However, an election mentioned in subsection (2), may only take effect on and from the day that CASA approves the operator’s voluntary extension under regulation 138.025. (4) An approval under subsection (3) must be based on the operator’s safety case and any other information that CASA considers relevant. (5) The operator’s safety case must describe: (a) the nature, size, scope, complexity, and purpose of, and the aircraft to be used in, the relevant operation; and (b) how and why the extension of the operator’s T&CS to both prescribed operations and relevant operations will not have an adverse effect of the safety of either kind of operation. (6) It is a condition of an approval that: (a) the requirements of regulations 138.130 and 138.135 must be complied with for the relevant operation as if they applied to the operation under regulation 138.125; and (b) the operator’s operations must contain procedures for the safe and effective extension of the operator’s T&CS to the relevant operation. (7) When approved by CASA under subsection (3), the operations to which an operator’s T&CS is extended under subsection (2) are deemed to be prescribed operations for paragraph 138.125 (1) (c) for which the operator is required to have a training and checking system under regulation 138.125. > Note The effect of subsection (7) is that paragraphs 23.05 (3) (b) and (c) apply in relation to the operator’s FCM. 4.04 Voluntary adoption of a training and checking system for nominated operations (1) For paragraph 138.020 (b), this section applies to an aerial work operator who conducts operations in an aeroplane or a rotorcraft if the operator is not required, under regulation 138.125, to have a training and checking system for the operator’s operations. (2) The operator may voluntarily adopt a training and checking system for the operator’s nominated operations (a voluntary T&CS). (3) However, adoption of a voluntary T&CS may only take effect on and from the day that CASA approves the operator’s voluntary extension under regulation 138.025. (4) An approval under subsection (3) must be based on the operator’s safety case and any other information that CASA considers relevant. (5) The operator’s safety case must describe: (a) the nature, size, scope, complexity, and purpose of, and the aircraft to be used in, the nominated operations; and (b) how and why the application of a voluntary T&CS to the operations will not have an adverse effect on aviation safety. (6) It is a condition of an approval that: (a) the requirements of regulations 138.130 and 138.135 must be complied with for the nominated operations as if they applied to the operations under regulation 138.125; and (b) the operator’s operations must contain procedures for the safe and effective extension of the operator’s T&CS to the nominated operations. (7) When approved by CASA under subsection (3), the operations for which a voluntary T&CS is adopted by the operator under subsection (2) are deemed to be prescribed operations for paragraph 138.125 (1) (c) for which the operator is required to have a training and checking system under regulation 138.125. > Note The effect of subsection (7) is that paragraphs 23.05 (3) (b) and (c) apply in relation to the operator’s FCM.