Document ID: chunk:federal_register_of_legislation:F2024L01552:body:0:p5
Version: federal_register_of_legislation:F2024L01552
Segment Type: other
Provision Reference: 
Character Range: 11221–13922

contract of service (that is, as a direct employee); but
(b) is instead retained, or utilised, by the operator on some other basis or arrangement (the relevant member).
       (3) It is a condition of the exemption in subsection (2) that:
(a) the operator is satisfied that the relevant member is capable of carrying out, and willing to carry out, the duty in a manner that maintains aviation safety; or
(b) the relevant member is supervised by a direct employee of the operator who meets the requirements of subregulation 135.125(2).

9B Ground support personnel — direct employees
       (1) This section applies to the operator of an aeroplane for a flight that is a Part 135 operation, or a Subpart 121.Z operation.
       (2) The operator is exempted from compliance with subregulations 135.125(1) and (3) — but only to the extent that the member of the operator's personnel who carries out a ground support duty for the flight (the duty) is a person employed by the operator under a contract of service (that is, as a direct employee).
       (3) It is a condition of the exemption in subsection (2) that:
(a) the direct employee is:
           (i) under training for the duty; and
           (ii) being supervised by a person, or a kind of person, identified in the operator's exposition as competent to conduct the training; and
(b) the training is being carried out in accordance with the requirements specified in the operator's exposition for that training.

9C Recent experience requirements — exemption
       (1) This section applies to:
(a) the operator of an aeroplane for a flight that is a Part 135 operation, or a Subpart 121.Z operation (the operator); and
(b) a pilot assigned to duty by the operator for the Part 135 operation, or the Subpart 121.Z operation.
       (2) The operator is exempted from compliance with subregulation 135.435(1).
       (3) The pilot is exempted from compliance with subregulation 135.435(2).
       (4) It is a condition of the exemption in subsection (2) that the operator must not assign a pilot to duty as pilot in command or co-pilot of the aeroplane for a flight that is a Part 135 operation, or a Subpart 121.Z operation, unless the applicable conditions in subsections (6) and (7) of this exemption are complied with.
       (5) It is a condition of the exemption in subsection (3) that the pilot must not operate an aeroplane for a flight that is a Part 135 operation, or a Subpart 121.Z operation, as a pilot in command or co-pilot, unless the applicable conditions in subsection (6) or (7) of this exemption are complied with.
       (6) For a flight by day, the pilot must, within the 90 days before the flight in the aeroplane:
(a) have