Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p5
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 5/70)
Character Range: 3125906–3128773

relating to equipment

Subpart 138.N—Flight crew
138.475 Composition, number, qualifications and training
138.480 Training for new or inexperienced flight crew members
138.485 Competence
138.490 Assignment to duty of pilot in command
138.500 Qualification as pilot in command
138.505 Training and checking to be conducted by certain persons

Subpart 138.P—Air crew members and task specialists

Division 138.P.1—Air crew members
138.535 Application of Division 138.P.1
138.540 Composition, number, qualifications and training
138.550 Training and checking to be conducted by certain persons

Division 138.P.2—Task specialists
138.575 Application of Division 138.P.2
138.580 Qualifications and training
138.590 Training and checking to be conducted by certain persons
Subpart 138.A—Preliminary

138.005  Application of Part 138
 (1) This Part applies in relation to the operation of an aircraft for an aerial work operation if:
 (a) the aircraft is an aeroplane or rotorcraft; and
 (b) Part 101 does not apply to the operation of the aircraft.
 (2) Despite subregulation (1), a provision of this Part does not apply in relation to the operation of an aircraft if:
 (a) the aircraft is engaged in any of the following:
 (i) a police, national security or customs operation;
 (ii) a search and rescue operation conducted by, or at the request of, a search and rescue body; and
 (b) in the circumstances, it is reasonable that the provision not apply to the operation.
 (3) Despite subregulation (1), a provision of this Part or the Part 138 Manual of Standards applies in relation to an operator of an aircraft for an aerial work operation only if the operator holds an aerial work certificate authorising that operation.
 (4) Despite subregulation (3), a provision of this Part or the Part 138 Manual of Standards applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate authorising that operation if the provision is expressed to so apply.
Note: See Part 137 for matters relating to aerial application operations.

138.010  Definition of aerial work operation etc.
 (1) An aerial work operation means one or more of the following (and each of the following is a kind of aerial work operation):
 (a) an external load operation;
 (b) a dispensing operation;
 (c) a task specialist operation;
 (d) an operation of a kind prescribed by the Part 138 Manual of Standards for the purposes of this paragraph.
 (2) An external load operation means carrying or towing a load outside an aircraft in flight and includes training for such an operation.
 (3) A dispensing operation means dropping or releasing any substance or object from an aircraft in flight and includes training for such an operation.
 (4) A task specialist operation means carrying out a specialised activity using an aircraft in flight