Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p30
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 30/70)
Character Range: 3192472–3195269

operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) the aircraft is hot fuelled; and
 (b) the following are not set out in the aircraft flight manual instructions for the aircraft or the operator's operations manual:
 (i) procedures for the hot fuelling of the aircraft;
 (ii) the circumstances in which the aircraft can be hot fuelled;
 (iii) procedures to be followed if an emergency occurs during hot fuelling;
 (iv) procedures to ensure a person involved in hot fuelling the aircraft is trained and competent to be involved in hot fuelling the aircraft.
 (2) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) a requirement of a procedure mentioned in subparagraph (1)(b)(i), (iii) or (iv) is not met in relation to the hot fuelling of the aircraft for the flight; or
 (b) the aircraft is hot fuelled in a circumstance that is not mentioned in subparagraph (1)(b)(ii).
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.

138.302  Fuelling safety procedures
 (1) An aerial work operator's operations manual must include the following in relation to an aircraft operated by the operator:
 (a) procedures to ensure the aircraft is fuelled safely;
 (b) procedures relating to the safety of:
 (i) any aerial work passengers; and
 (ii) crew members other than air crew members, cabin crew members or flight crew members;
  who are embarking or disembarking, or on board, the aircraft during fuelling, including the procedures mentioned in subregulation (2);
 (c) if the operator permits a person to operate low‑risk electronic devices inside the cabin of the aircraft while the aircraft is being fuelled—procedures to ensure that, before an engine of the aircraft is started, any effects of radio frequency emissions from those devices have been corrected.
 (2) For the purposes of paragraph (1)(b), the procedures must include the normal, emergency and communication procedures to be followed by the following persons:
 (a) any air crew members;
 (b) any cabin crew members;
 (c) any flight crew members who are on duty in the cockpit of the aircraft;
 (d) any of the operator's personnel who carry out a ground support duty for a flight of the aircraft.

Division 138.D.7—Carriage of passengers or cargo

138.305  Carriage of passengers—general
 (1) This regulation applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial 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