Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p31
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 31/70)
Character Range: 3195023–3197821

work certificate authorising the operation.
 (2) A person contravenes this subregulation if:
 (a) the person is the operator, or the pilot in command, of an aircraft for a flight involving an aerial work operation; and
 (b) a passenger is carried on the aircraft for the flight; and
 (c) any of the following circumstances exist in relation to the flight:
 (i) the passenger is not an aerial work passenger;
 (ii) when the passenger is carried on the aircraft, the operator of the flight does not hold an aerial work certificate authorising the operation;
 (iii) when the passenger is carried on the aircraft, the operator's operations manual does not include procedures to ensure the safety of the passenger;
 (iv) any requirements about carrying the passenger that are prescribed by the Part 138 Manual of Standards for the purposes of this subparagraph are not met.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

138.320  Procedures for carriage of restricted persons
  An aerial work operator's operations manual must state whether or not the operator will carry restricted persons as part of aerial work operations.

Division 138.D.8—Instruments, indicators, equipment and systems

138.340  Head‑up displays, enhanced vision systems and synthetic vision systems
 (1) This regulation applies to an aircraft for a flight involving an aerial work operation if:
 (a) the aircraft is fitted with any of the following systems:
  (i) a head‑up display;
 (ii) an enhanced vision system;
 (iii) a synthetic vision system; and
 (b) the flight is:
 (i) an IFR flight; or
 (ii) a VFR flight at night.
 (2) An aerial work operator's operations manual must include the following:
 (a) procedures for using each system mentioned in paragraph (1)(a) that is fitted to an aircraft for a flight mentioned in paragraph (1)(b);
 (b) procedures for conducting such a flight without an element of the system, for use if the element is inoperative.

138.345  Survival equipment procedures
 (1) This regulation applies to a flight of an aircraft if:
 (a) the flight is in or through an area prescribed as a remote area by the Part 91 Manual of Standards; or
 (b) the aircraft is required, under Subpart 138.K, to carry a life raft for the flight.
 (2) If an aircraft is, or will be, used to conduct a flight to which this regulation applies, an aerial work operator's operations manual must include the following:
 (a) procedures for determining the survival equipment required for the area in or through which the flight will be conducted;
 (b) for a flight mentioned in paragraph (1)(b)—procedures for determining the pyrotechnic signalling devices required to ensure the distress signals, set out in Appendix 1 to Annex 2, Rules of the