Document ID: chunk:federal_register_of_legislation:F2024L01554:body:0:p8
Version: federal_register_of_legislation:F2024L01554
Segment Type: other
Provision Reference: 
Character Range: 18572–21520

months' notice of the specified date.
Note 2   Any date specified in writing under section 29 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

Part 8 Training and checking systems – Australian air transport operators – Part 133 operations – rotorcraft – exemptions

35 Application of Part 8
        This Part applies to an Australian air transport operator for the conduct of a Part 133 operation (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised charter operations, or aerial work (air ambulance) operations; and
(b) was not subject to a requirement under subregulation 217(1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for rotorcraft used in the operations.

36 Exemptions
        A relevant operator is exempted from compliance with the following provisions:
(a) regulation 119.036;
(b) regulation 119.145;
(c) regulation 119.150;
(d) regulation 119.170;
(e) paragraph 119.205(1)(e), but only to the extent that it applies to the head of training and checking;
(f) paragraph 133.370(2)(g);
(g) regulation 133.375;
(h) paragraph 133.385(1)(c);
(i) regulation 133.395;
(j) paragraph 133.425(3)(b);
(k) regulation 133.455;
(l) regulation 133.465;
(m) regulation 133.470.
Note 1   For paragraph (f), exemption from paragraph 133.370(2)(g) has the implied consequential effect of exempting from subregulation 133.370(4) and Chapter 12 of the Part 133 MOS.
Note 2   For paragraph (j), exemption from paragraph 133.425(3)(b) has the implied consequential effect of exempting from subregulation 133.425(4) and section 13.02 of the Part 133 MOS.

37 Conditions of the exemptions — safety
       (1) It is a condition of the exemptions in section 36 that the relevant operator must not commence the following:
(a) scheduled air transport operations (relevant operations);
(b) use of a rotorcraft for any air transport operation (the relevant rotorcraft);
        if:
(c) such commencement would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;
(d) the relevant operator has not complied with the directions in section 38 for the relevant operations or the relevant rotorcraft.
       (2) It is a condition of the exemptions in section 36 that the relevant operator must ensure that:
(a) the operator's head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and
(b) each crew member of a rotorcraft for a flight that is a Part 133 operation:
           (i) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and
           (ii) has been assessed as competent, in accordance with the operator's exposition, to