Document ID: chunk:federal_register_of_legislation:F2024L01553:body:0:p12
Version: federal_register_of_legislation:F2024L01553
Segment Type: other
Provision Reference: 
Character Range: 28903–31753

work certificate holders

15 Compliance before and after flight with flight manual instructions — direction
       (1) This section applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate (the operator).
       (2) The operator must ensure that:
(a) any activity in relation to the flight, that occurs before or after the flight; and
(b) any activity that is required under the aircraft flight manual instructions for the aircraft to be carried out before or after the flight;
        is carried out in compliance with any relevant limitation or requirement that:
(c) is set out in the aircraft flight manual instructions for the aircraft; and
(d) relates to the operation of the aircraft.
       (3) Subsection (2) does not apply to a limitation or requirement if circumstances prescribed by the Part 138 MOS apply to the aircraft for the activity.

16 Develop and maintain a DAMP — direction
       (1) This section applies to an aerial work certificate holder (the operator) for an aerial work operation in an aircraft.
       (2) The operator must comply with the requirements of Part 99 of CASR as if the operator were a DAMP organisation to which Part 99 applied.

17 Training and checking — direction
       (1) In this section:
non-normal exercise means an aircraft flight that involves the simulated failure of a vital system.
specified training or check means an aircraft training or check event that involves carrying out a non-normal exercise.
vital system means a system whose simulated failure in flight would adversely affect the safety of the aircraft as compared to normal operation.
       (2) This section applies to an aerial work certificate holder (the operator) who, immediately before 2 December 2021:
(a) conducted aerial work operations in an aircraft; and
(b) did not hold an approval under subregulation 217(3) of CAR, as in force immediately before 2 December 2021, for a training and checking organisation for the aircraft in the operations.
       (3) The operator must not use an individual to conduct the specified training or check for a flight crew member of the operator's personnel that is required under Part 138, unless a requirement mentioned in subsection (4) or (5) is met.
       (4) For subsection (3), if a registered aircraft is used:
(a) the individual must be able to exercise the privileges of one of the following for the relevant type or class (as applicable) of aircraft being used for the specified training or check:
           (i) a flight instructor rating and appropriate training endorsement;
           (ii) a flight examiner rating and appropriate flight examiner endorsement;
           (iii) if the specified training or check is conducted in a flight training device — a simulator instructor rating and appropriate