Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p26
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 63716–66436

regulations 91.265, 91.267, 91.277 and 91.305 apply to the aircraft and operation.
       (2) For a positioning flight, the following minimum height requirements apply until the aerial work operation that the positioning flight facilitates, commences:
(a) for a positioning flight conducted to facilitate an aerial work operation — the minimum height requirements under regulation 91.265, 91.267, 91.277 or 91.305, as the case requires;
(b) for a positioning flight using NVIS and conducted under Chapter 12 of this MOS — the minimum height requirements under regulation 91.265 or 91.267, as the case requires.

Division 2 Close proximity to an object in an area that is not a populous area or a public gathering

9.03 Requirements for aircraft flight in close proximity to an object in an area that is not a populous area or a public gathering
       (1) Without affecting any other provision in this Chapter, this section applies to the operator and the pilot in command of an aircraft that is flown in close proximity to an object in an area that is not a populous area or a public gathering.
       (2) Regulation 91.267 does not apply to the flight if the requirements in this section are complied with.
       (3) A risk assessment must be carried out in accordance with the applicable provisions of Chapter 13.
       (4) Subject to subsection (5), if the operation is to be conducted as follows:
(a) below 300 ft above the highest obstacle;
(b) over any point on ground or water vertically below the aircraft that is within 150 m of a person (a relevant person), or of a vessel, a vehicle, or a structure (a relevant thing), or of any livestock, not associated with the operation, likely to be adversely affected by the aircraft's noise (relevant livestock);
        then the operator and the pilot in command must:
(c) give public notice of the intended operation by the most appropriate method for the circumstances; and
(d) consider all comments and objections, whether written or oral, received before the operation commences; and
(e) if any comment or objection is about the safety of relevant persons, or the risks of damage or injury to a relevant thing or relevant livestock:
           (i) re-examine the risk assessment for the operation in light of the comment or objection; and
           (ii) be satisfied that the risk can be mitigated and the operation can be safely carried out.
Note   The operation does not require an AWZ. A relevant comment or objection made to the pilot in command or to any of the operator's personnel before the operation commences is sufficient for paragraph (d) or (e).
       (5) Subsection (4) does not apply to:
(a) an ESO operation the purpose of which is to save any