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 34/35)
Character Range: 2994418–2997213

is a VFR flight at night that is a passenger transport operation or a medical transport operation—at least one of the flight crew members must hold an instrument rating;
 (e) the pilot in command and the co‑pilot for the flight must have the recent experience for the flight required by Division 135.N.4;
 (f) each flight crew member must meet the training and checking requirements for the flight crew member and the flight mentioned in subregulation (4);
 (g) if the operator's exposition includes requirements, in accordance with regulation 135.410, in relation to knowledge that the pilot in command must have of the route of, and aerodromes for, the flight—the pilot in command must meet the requirements;
 (h) each flight crew member for whom, under the operator's exposition, differences training for the aeroplane is required, must have successfully completed the differences training.
 (3) For the purposes of paragraph (2)(b), the aeroplane operator's exposition must include the kinds of operation (if any) for which additional flight crew members must be carried.
 (4) The Part 135 Manual of Standards may prescribe requirements relating to training and checking that must be completed by a flight crew member for a flight.

New or inexperienced crew members
 (5) An aeroplane operator's exposition must include the requirements that must be met for new or inexperienced crew members to be assigned to duty for a flight of the aeroplane.

Offences
 (6) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

135.385  Competence
 (1) The operator of an aeroplane for a flight contravenes this subregulation if:
 (a) the operator assigns a person to duty as a flight crew member for the flight; and
 (b) the person has not been assessed by the operator, in accordance with the operator's training and checking system, as competent to perform the duties assigned to the person for the flight.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

135.387  Training and checking to be conducted by certain persons
 (1) The operator of an aeroplane contravenes this subregulation if:
 (a) a flight crew member of the operator's personnel undertakes training or a check that is required under this Part; and
 (b) the training or check is conducted other than in accordance with subregulation (2).
 (2) The training or check must be conducted by:
 (a) an individual who:
 (i) is engaged by the operator (whether by contract or other arrangement) to conduct the training or check; and
 (ii) meets the requirements prescribed by the Part 135 Manual of Standards; or
 (b) a Part 142 operator with whom the operator has a contract for the Part 142 operator