Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p28
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 68765–71491

planned to minimise the time the rotorcraft is unable to achieve a suitable forced landing, or safe continuation of flight, if an engine failure occurs; and
           (iii) not create a hazard for third parties not involved in the operation;
(h) for night operations — the flight must be conducted in accordance with the requirements for an NVIS operation;
(i) if the rotorcraft is a single-engine rotorcraft operated at night, the requirements in section 9.05 must be met if suitable forced landing areas are not available for the entire time the rotorcraft is operating below the minimum height.
       (3) Paragraphs (2) (h) and (i) do not apply to a task specialist operation:
(a) that is below minimum height; and
(b) that is for the purpose of protecting agricultural crops from frost; and
(c) for which the area of the operation is adequately illuminated with flood lighting.

9.05 When no suitable forced landing area is available
Note   Various sections of this MOS call up this section. This section is for each of the following provisions of this MOS, but subject to the terms of the provision. The descriptions in brackets are for guidance only:
(a) paragraph 9.04 (2) (i) (flight below minimum IFR, and NVFR, height); and
(b) sub-subparagraph 9.23 (7) (a) (iii) (A) (flight over a populous area or public gathering); and
(c) sub-subparagraph 11.03 (1) (d) (iv) (B) (carriage of 1 but no more than 2 aerial work passengers in night VFR; and
(d) subparagraph 15.06 (2) (c) (i) (but only the requirements in paragraphs 9.05 (b), (c), (d) and (e) apply) (winching for other than an ESO, by day under the VFR); and
(e) subparagraph 15.06 (2) (d) (i) (but only the requirements in paragraphs 9.05 (b), (c), (d) and (e) apply) (winching, by day under the VFR for an ESO); and
(f) sub-subparagraph 15.06 (3) (e) (i) (A) (but only the requirements in paragraphs 9.05 (b), (c), (d) and (e)) (class D external load operations using a belly hook).
        The requirements are as follows:
(a) the operator must hold a CASA approval under regulation 138.025 for the operation;
(b) the rotorcraft must be a turbine-engine powered rotorcraft;
(c) with effect from the beginning of 2 December 2023 — for paragraph 9.04 (2) (i) and sub-subparagraph 9.23 (7) (a) (iii) (A):
           (i) the rotorcraft must be fitted with a usage monitoring system; and
           (ii) the operator must download and use the data from the usage monitoring system to ensure the rotorcraft is operated within its limitations;
       Note 1   It is recommended that rotorcraft be fitted with a usage monitoring system sooner, where this is feasible.
       Note 2   For the requirements relating to operative and inoperative equipment — see section