Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p2
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 2/3)
Character Range: 3109569–3112298

liability.

137.240  Operator proficiency checks
 (1) For this regulation, a pilot holds a valid operator proficiency check if:
 (a) he or she has satisfactorily completed a check that satisfies the criteria in subregulations (3), (4), (5) and (9); and
 (b) under subregulations (7) and (8), the check is valid.
 (2) The operator of an aeroplane commits an offence if:
 (a) the aeroplane is used to conduct an application operation; and
 (b) the pilot in command of the aeroplane does not hold a valid operator proficiency check.
Penalty: 50 penalty units.
 (3) An operator proficiency check for a pilot who is employed by an operator must be conducted by:
 (a) the operator's head of flight operations; or
 (b) a flight examiner or instructor authorised under Part 61 to conduct application operations.
 (4) An operator proficiency check for the operator's head of flight operations must be conducted by an examiner or instructor mentioned in paragraph (3)(b).
 (5) Despite subregulations (3) and (4), an operator proficiency check for a pilot who, in the 12 months immediately before the check, has completed less than 50 hours flight time in application operations must be conducted by an examiner or instructor mentioned in paragraph (3)(b).
 (6) A synthetic flight trainer may be used for a check, or part of a check, if CASA approves its use for the purpose.
 (7) A check is valid for 12 months from the day on which the check is completed.
 (8) However, if the check is completed less than 3 months before the day on which the check would otherwise expire (the expiry day), the check is valid for 12 months commencing at the end of the expiry day.
 (9) To complete an operator proficiency check the pilot must demonstrate that he or she is familiar with the systems, the normal and emergency flight manoeuvres, performance, fuel consumption rates, and weight and balance requirements for an aeroplane that he or she flies.
Note: A check of a pilot of a single seat aeroplane may be conducted by observation from the ground and may include review of GPS data logs, job planning and post flight records.
 (11) A contravention of subregulation (2) is an offence of strict liability.
Subpart 137.P—Manuals, logs and records

137.245  Flight manual
 (1) An operator must maintain a current aircraft flight manual, or another approved document, for each aeroplane used by the operator for application operations.
Penalty: 25 penalty units.
 (2) A contravention of subregulation (1) is an offence of strict liability.

137.250  Checking records
 (1) An operator must:
 (a) make a record of the checking that is:
 (i) required, under Subpart 137.N, for each pilot employed by the operator; and
 (ii) completed by each pilot; and