Document ID: chunk:federal_register_of_legislation:F2023C00374:body:0:p19
Version: federal_register_of_legislation:F2023C00374
Segment Type: other
Provision Reference: 
Character Range: 44802–47587

Helicopter operator

14 Exemption
       (1) This section applies if when a flight of a relevant helicopter begins:
(a) either:
           (i) the helicopter's pilot is not authorised under Part 61 of CASR to pilot the helicopter, during the flight, as pilot in command because the pilot does not hold the pilot type rating in relation to the helicopter; or
           (ii) the pilot is not authorised under Part 61 of CASR to pilot the helicopter, during the flight, as co-pilot because the pilot does not hold the pilot type rating in relation to the helicopter; and
(b) the exemption under section 5 applies to the pilot in relation to the helicopter.
       (2) The relevant helicopter's operator is exempt from compliance with paragraph 133.370 (2) (d) of CASR to the extent that the pilot is not qualified under subparagraph 133.385 (1) (d) (i) or subparagraph 133.390 (1) (a) (i) of CASR, as applicable, to carry out the duties assigned to the pilot by the operator for the flight because the pilot does not hold the pilot type rating in relation to the helicopter.

       Part 10 — Independent maintainer and continuing airworthiness management organisation

15 Exemptions
       (1) Subsection (2) applies if:
(a) an independent maintainer carries out critical control system maintenance on a relevant helicopter or supervises the carrying out of critical control system maintenance on a relevant helicopter by another individual; and
(b) the individual who complies with the responsibilities of an independent individual, in relation to the helicopter, under regulation 42.345 of CASR is the holder of a pilot licence (the licence holder); and
(c) the licence holder is not authorised under Part 61 of CASR to fly the helicopter, as required by subparagraph 42.335 (c) (ii) of CASR because the licence holder does not hold the pilot type rating in relation to the helicopter; and
(d) the exemption under section 5 applies to the licence holder in relation to the helicopter.
       (2) The independent maintainer is exempt from compliance with subregulation 42.340 (2) of CASR to the extent that the licence holder does not hold the pilot type rating in relation to the relevant helicopter.
       (3) Subsection (4) applies if:
(a) a continuing airworthiness management organisation issues an authorisation under subregulation 42.630 (1) of CASR in relation to a relevant helicopter, which is authorised to operate under an AOC, to the holder of a pilot licence (the licence holder); and
(b) the licence holder is not authorised under Part 61 of CASR to fly the helicopter, as required by subparagraph 42.630 (2) (c) (i) of CASR, because the licence holder does not hold the pilot type rating in relation to the helicopter; and
(c) the exemption under section 5 applies to