Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p49
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 121326–124122

height, and closer than the distance, specified in paragraph 91.265 (2) (a) or (3) (a), respectively.
Note   AWZ is defined in section 1.05. See also section 9.22 and 9.23.
       (4) This section does not apply to an ESO involving an external load operation over an area that would otherwise require an AWZ if:
(a) the operator's operational risk assessment and mitigation process under sections 13.04 and 13.06 have been complied with; and
(b) the pilot in command of the aircraft is satisfied that, having considered all foreseeable safety risks, a reasonable pilot would conduct the ESO.
       (5) Before conducting the AWZ operation, the operator must:
(a) prepare and document an AWZ-RA; and
(b) hold a CASA approval under regulation 138.025 for the AWZ-RA, unless:
           (i) subsection (6) applies; or
           (ii) it is planned that the aircraft will at all times:
            (A) be at or above 500 ft; and
            (B) when operating below 1 000 ft above the highest obstacle within 600m, have a suitable forced landing area.
       (6) An aerial work certificate holder does not require CASA approval under regulation 138.025 of an AWZ‑RA for an external load operation if:
(a) the entire operation, including pick-up and set-down points, is planned to occur in an AWZ; and
(b) the AWZ is totally under the control of:
           (i) the operator; or
           (ii) the person requesting the operation; and
(c) access to the AWZ is limited to persons essential for the conduct of the operation.
       (7) The AWZ operation must be conducted:
(a) in accordance with the AWZ-RA; and
(b) taking into account all matters contained within the AWZ-RA.
       (8) An AWZ-RA must be retained in safe custody by the operator for at least 3 years after the external load operation has ended.
       (9) An AWZ-RA prepared by the operator for a Class B external load operation must:
(a) include the pick-up and set-down points of the operation; and
(b) include the routes between the pick-up and set-down points; and
(c) subject to paragraph (d), be for an AWZ that is of a size sufficient for the safe management of all risks and hazards identified in the operators risk management process; and
(d) be for an AWZ:
           (i) that is free of risk of injury to persons who are not associated with the operation; and
           (ii) that minimises, as far as practicable, risk of injury to the persons:
            (A) carrying out the operation; or
            (B) for whom the operation is being carried out; and
           (iii) in which hazard to property not associated with the operation is not likely to arise.

CHAPTER 14 SEATBELTS AND OTHER RESTRAINT DEVICES

14.01 Application
        Unless it provides otherwise, this Chapter applies to the following operators:
(a) an