Document ID: chunk:federal_register_of_legislation:F2024L01552:body:0:p4
Version: federal_register_of_legislation:F2024L01552
Segment Type: other
Provision Reference: 
Character Range: 8730–11459

plan kept by the operator for the flight.

8 Journey log – recording flight information – exemption
       (1) This section applies to the operator, and the pilot in command, of an aeroplane for a flight that is a Part 135 operation or a Subpart 121.Z operation.
       (2) The operator, and the pilot in command, are each exempted from compliance with subregulation 135.085(4), but only to the extent of the information for the flight mentioned in paragraphs 135.085(5)(a) and (e).
       (3) The exemptions in subsection (2) are subject to the condition that the information for the flight mentioned in paragraphs 135.085(5)(a) and (e) must be recorded in one of the following, not later than as soon as reasonably practicable after the flight ends:
(a) the journey log that is prepared under subregulation 135.085(1);
(b) another document kept by the operator, or that is readily available to the operator from another source.
Note   An example for paragraph (b) is an operational flight plan kept by the operator for the flight.

9 VFR flights at night – instrument rating – exemption
       (1) This section applies to the operator of an aeroplane for a flight that is both:
(a) a Part 135 operation; and
(b) a passenger transport operation or a medical transport operation, that is a VFR flight at night.
       (2) The operator is exempted from compliance with the following:
(a) subregulation 135.235(1), but only to the extent of the requirement under paragraph 135.235(2)(c);
(b) subregulation 135.380(1), but only to the extent of the requirement under paragraph 135.380(2)(d).
       (3) Each exemption in subsection (2) is subject to the condition that at least one flight crew member for the flight must be authorised, as follows, to pilot the aeroplane under the IFR:
(a) if the aeroplane is an Australian aircraft — under Part 61 of CASR;
(b) if the aeroplane is a foreign registered aircraft — under the law of:
           (i) the State of registry for the aeroplane; or
           (ii) the State of the operator of the aeroplane.

9A Ground support personnel
       (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):
(a) is not a person employed by the operator under a 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: