Document ID: chunk:federal_register_of_legislation:F2023C00374:body:0:p11
Version: federal_register_of_legislation:F2023C00374
Segment Type: other
Provision Reference: 
Character Range: 25244–27932

the greatest proportion of the operator's aerial work operations; and
(e) the exemption under section 5 applies to the person in relation to the helicopter.
       (5) The aerial work operator is exempt from compliance with subregulation 138.062 (2) or (3) of CASR, as applicable, to the extent that the copy of the part of the operator's exposition affected by the change, which accompanies the application, does not state that the person holds the pilot type rating in relation to the relevant helicopter, which is a qualification required to be held by the head of operations under paragraph 138.090 (1) (b) of CASR.
       (6) Subsections (7) and (8) apply if:
(a) the head of training and checking of an aerial work operator does not hold the pilot type rating in relation to a relevant helicopter; and
(b) the helicopter is used to conduct the greatest proportion of the operator's aerial work operations; and
(c) the exemption under section 5 applies to the head of training and checking.
       (7) The aerial work operator is exempt from compliance with regulation 138.055 of CASR to the extent that the head of training and checking does not hold the pilot type rating in relation to the relevant helicopter, which otherwise would be a breach of the condition of an aerial work certificate issued to the operator mentioned in subparagraph 138.050 (1) (b) (i) of CASR.
       (8) The aerial work operator is exempt from compliance with subparagraph 138.155 (1) (e) (i) of CASR to the extent that the operator's operations manual does not state that the head of training and checking holds the pilot type rating in relation to the relevant helicopter, which is a qualification required to be held by the head of training and checking under paragraph 138.100 (2) (b) of CASR.
       (9) Subsection (10) applies if:
(a) an aerial work operator makes a significant change that is the permanent appointment, or acting appointment, of a person as the head of training and checking of the operator under paragraph 138.062 (2) (a) or (3) (a) of CASR; and
(b) the operator applies to CASA for approval of the change under subregulation 138.062 (4) of CASR; and
(c) the person does not hold the pilot type rating in relation to a relevant helicopter; and
(d) the helicopter is used to conduct the greatest proportion of the operator's aerial work operations; and
(e) the exemption under section 5 applies to the person in relation to the helicopter.
       (10) The aerial work operator is exempt from compliance with subregulation 138.062 (2) or (3) of CASR, as applicable, to the extent that the copy of the part of the operator's exposition affected by the change, which accompanies the