Document ID: chunk:federal_register_of_legislation:F2024L01551:body:0:p5
Version: federal_register_of_legislation:F2024L01551
Segment Type: other
Provision Reference: 
Character Range: 11717–14443

contract of service (that is, as a direct employee); but
(b) is instead retained, or utilised, by the operator on some other basis or arrangement (the relevant member).
       (3) It is a condition of the exemption in subsection (2) that:
(a) the operator is satisfied that the relevant member is capable of carrying out, and willing to carry out, the duty in a manner that maintains aviation safety; or
(b) the relevant member is supervised by a direct employee of the operator who meets the requirements of subregulation 133.115(2).

9B Ground support personnel — direct employees
       (1) This section applies to the operator of a rotorcraft for a flight that is a Part 133 operation.
       (2) The operator is exempted from compliance with subregulations 133.115(1) and (3) — but only to the extent that the member of the operator's personnel who carries out a ground support duty for the flight (the duty) is a person employed by the operator under a contract of service (that is, as a direct employee).
       (3) It is a condition of the exemption in subsection (2) that:
(a) the direct employee is:
           (i) under training for the duty; and
           (ii) being supervised by a person, or a kind of person, identified in the operator's exposition as competent to conduct the training; and
(b) the training is being carried out in accordance with the requirements specified in the operator's exposition for that training.

9C Flight crew training or check – foreign conductors of – exemption
       (1) This section applies to the operator of a rotorcraft for a flight that is a Part 133 operation.
       (2) The operator is exempted from compliance with regulation 133.377 in relation to training and checking, but only to the extent of who may conduct the training or checking.
       (3) The exemption in subsection (2) is subject to the condition that the training or checking for which the operator takes the benefit of the exemption must be conducted by a person who is:
(a) employed by a training provider authorised by the national aviation authority of a recognised foreign State to conduct training or a check equivalent to the training or check required by Part 133 of CASR that the operator has contracted the training provider to conduct for a flight crew member of the operator (the equivalent training or checking); and
(b) authorised by the national aviation authority of the recognised foreign State to conduct the equivalent training or checking.
       (4) It is also a condition of the exemption in subsection (2), that for training or checking for which the operator takes the benefit of the exemption, the operator must ensure that:
(a) each person who conducts the training or checking