Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:3:p39
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 3 (pt 39/67)
Character Range: 2833753–2836603

operator's exposition, that has search and rescue capabilities.
 (4) Factors that affect whether there is a reasonable expectation about the matters mentioned in paragraphs (3)(a) and (b) include the following:
 (a) the surface condition of the area of water, including the wave height, wind conditions and swell;
 (b) the limits of the capability of the rotorcraft's emergency flotation system to stay upright and floating in certain sea states.

133.015  Approvals by CASA for Part 133
 (1) If a provision of this Part, or of the Part 133 Manual of Standards, refers to a person holding an approval under this regulation, a person may apply to CASA, in writing, for the approval.
 (2) Subject to regulation 11.055, the approval must be granted.
 (3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation.

133.020  Issue of Manual of Standards for Part 133
  For the purposes of subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:
 (a) required or permitted by these Regulations to be prescribed by the Part 133 Manual of Standards; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
Note: A Manual of Standards is a legislative instrument: see subsection 98(5AA) of the Act.
Subpart 133.C—General

Division 133.C.1—General flight limitations

133.025  Permitted categories of rotorcraft
 (1) The operator of a rotorcraft for a flight contravenes this subregulation if:
 (a) the rotorcraft begins the flight; and
 (b) the rotorcraft is not type certificated in any of the following categories:
 (i) transport;
 (ii) normal;
 (iii) a category prescribed by the Part 133 Manual of Standards.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 133.C.2—Operational documents

133.030  Compliance with flight manual
 (1) The operator and the pilot in command of a rotorcraft for a flight each contravene this subregulation if, during the flight, the rotorcraft is operated in a way that does not meet a requirement or limitation that:
 (a) is set out in the aircraft flight manual instructions for the rotorcraft; and
 (b) relates to the operation of the rotorcraft.
Note: The pilot in command of the rotorcraft must also ensure the rotorcraft is operated in accordance with the aircraft flight manual instructions: see regulation 91.095.
 (2) Subregulation (1) does not apply to a requirement or limitation if:
 (a) circumstances prescribed by the Part 133 Manual of Standards exist for the flight; and
 (b) the requirement or limitation is of a kind prescribed by the Part 133 Manual of Standards for those circumstances.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty