Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p34
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 34/36)
Character Range: 3097288–3100074

of the aeroplane to be used in the operation must, by inspection during daylight, be familiar with:
 (a) the work area; and
 (b) the route between the work area and the landing area.
Penalty: 25 penalty units.
 (3) The operator of the aeroplane must plan the operation so the distance from a work area to a landing area is less than 30 minutes flying time at normal cruise power in still air, unless:
 (a) the aeroplane is equipped, and certificated under Part 21, for night VFR flight; and
 (b) the pilot holds, in addition to any rating required for night application operations, the rating required for a VFR flight at night.
Penalty: 25 penalty units.
 (4) The operator must not allow the operation to commence unless the aeroplane is equipped with a two‑way radio that enables the pilot to communicate with each person on the ground who has a role in the operation.
Penalty: 25 penalty units.
 (5) The pilot must not commence or continue the operation if horizontal visibility from the aeroplane is less than 5 km.
Penalty: 25 penalty units.
 (6) The operator must ensure that lights are placed at the work area to help the pilot with orientation.
Penalty: 25 penalty units.
 (7) A contravention of subregulation (2), (3), (4), (5) or (6) is an offence of strict liability.

137.175  Firefighting operations
 (1) A person must not operate an aeroplane for an application operation that involves firefighting unless the emergency control authority responsible for the firefighting:
 (a) has not, when the operation commences, taken control of the fighting of the fire; or
 (b) has taken control of the firefighting and asks the person to carry out the operation.
Penalty: 50 penalty units.
 (2) A pilot is authorised to conduct an application operation that:
 (a) involves firefighting; and
 (b) is requested by the relevant emergency control authority;
only if he or she has more than 500 hours experience as pilot in command in application operations when the operation commences.
Penalty: 50 penalty units.
 (3) A contravention of subregulation (1) or (2) is an offence of strict liability.
Subpart 137.E—All‑weather operations
Note: Reserved for future use.

Subpart 137.H—Aeroplane performance

137.180  General
 (1) The pilot in command of an aeroplane engaged in an application operation must, before take‑off, take reasonable steps to satisfy himself or herself that the take‑off can be safely carried out by considering the aeroplane's take‑off weight and each other relevant factor.
Penalty: 50 penalty units.
 (2) Before landing, the pilot must satisfy himself or herself that the landing can be safely carried out by considering the aeroplane's landing weight and each other relevant factor.
Penalty: 50 penalty units.
 (3) A contravention of subregulation (1) or (2)