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Part 138 (Aerial Work Operations) Manual of Standards 2020
Part 8OPERATIONAL DOCUMENTS
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CHAPTER 8 OPERATIONAL DOCUMENTS
8.01 Application
This Chapter applies to the following operators:
8.02 Compliance with the aircraft flight manual (AFM)
For subregulation 138.210 (3), the requirements and limitations relating to the operation of an aircraft, as set out in the AFM instructions for the aircraft, need not be complied with by the operator, or the operator’s pilot in command, of a rotorcraft mentioned in subsection 8.03 (1) if the circumstances mentioned in subsection 8.03 (2) apply to the aircraft for the flight.
8.03 Avoid area of the HV curve chart of a rotorcraft AFM
(1) For section 8.02, the rotorcraft (the relevant rotorcraft):
(a) must be the subject of:
(i) a type certificate in the transport category, whether issued by CASA or by another NAA; and
(ii) a certificate of airworthiness, or an authorisation (however described) issued by the NAA of a Contracting State that is equivalent to a certificate of airworthiness; and
(b) must have an AFM limitation or requirement in relation to operations inside the avoid area of the HV envelope; and
(c) must be conducting one of the following operations:
(i) an ESO at an ESO operating site, for which the rotorcraft’s operator and crew members for the ESO have:
(A) reviewed the flight risk management plan, developed for the ESO, in accordance with Chapter 13; and
(B) found the site to be a suitable place to operate the rotorcraft safely;
(ii) an external load operation;
(iii) a fireground personnel carriage operation, but only if both of the following circumstances apply:
(A) it is necessary for the rotorcraft, during the operation, to enter the avoid area of the HV envelope for the rotorcraft, to avoid an accident or incident;
(B) the rotorcraft does not remain inside the area for longer than the minimum period necessary to avoid an accident or incident.
(2) For section 8.02, the circumstances are that it would be impossible for the rotorcraft to carry out the operation if, for the operation, the operator were to direct the pilot in command to attempt, and the pilot in command were to attempt, to comply with the AFM limitation or requirement in relation to operations inside the avoid area of the HV envelope.
> Note Nothing in subsection 8.03 (2) affects the application of AFM limitations and requirements in relation to assessment of rotorcraft performance.