Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p38
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 38/70)
Character Range: 3213145–3215929

composition of the aircraft's flight crew for the flight must comply with the aircraft flight manual instructions for the aircraft;
 (b) if the aerial work operation is one for which the operator's operations manual requires the carriage of additional flight crew members—the flight crew must include the additional flight crew members;
 (c) each flight crew member must:
 (i) if the aircraft is an Australian aircraft—be authorised to pilot the aircraft during the flight under Part 61; or
 (ii) if the aircraft is a foreign registered aircraft—be authorised to pilot the aircraft during the flight by the aircraft's State of registry;
 (f) each flight crew member must meet the training and checking requirements for the flight crew member and the flight mentioned in subregulation (3).
 (3) The Part 138 Manual of Standards may prescribe requirements relating to training and checking that must be completed by a flight crew member for a flight.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

138.480  Training for new or inexperienced flight crew members
  An aerial work operator's operations manual must include the requirements that must be met for new or inexperienced flight crew members to be assigned to duty on the aircraft for an aerial work operation conducted by the operator.

138.485  Competence
 (1) The operator of an aircraft for a flight involving an aerial work operation contravenes this subregulation if:
 (a) the operator assigns a person to duty as a flight crew member for the flight; and
 (b) the person has not been assessed by the operator as competent to perform the duties assigned to the person for the flight in accordance with the operator's operations manual.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

138.490  Assignment to duty of pilot in command
 (1) The operator of an aircraft for a flight involving an aerial work operation contravenes this subregulation if, when the flight begins, none of the pilots assigned as flight crew members for the flight is assigned to duty as the pilot in command of the aircraft for the flight.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

138.500  Qualification as pilot in command
 (1A) 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.
 (1) A pilot is qualified as pilot in command of an aircraft for a flight involving an aerial work operation if:
 (a) the pilot is:
 (i) if the aircraft is an Australian aircraft—authorised under Part 61 to