Document ID: chunk:federal_register_of_legislation:F2024L01552:body:0:p10
Version: federal_register_of_legislation:F2024L01552
Segment Type: other
Provision Reference: 
Character Range: 24201–26965

is both of the following (the operation):
(a) a private operation using an aeroplane mentioned in regulation 135.005 or subregulation 121.005(2);
(c) conducted by an Australian air transport operator whose AOC operations specifications include the aeroplane (the operator).
       (2) For the operation, the operator, the pilot in command and any crew member of the aeroplane (as applicable) are each exempted from compliance with each provision in Subpart 91.K of CASR, but only if the operator, the pilot in command and the crew member (as applicable) each comply with the directions in subsections (3) and (4).

 Directions
       (3) The operator must ensure that, for the operation:
(a) the requirements of each provision in Subpart 135.K of CASR are complied with; and
(b) the operator's exposition provides for compliance with the requirements.
       (4) The pilot in command and the crew member must each comply with any requirements arising under subsection (3) that are applicable to the pilot in command or the crew member.

17 Seating for crew members other than flight crew members — exemption and direction
       (1) This section applies to a crew member (other than a flight crew member) (the crew member) for the operation of an aeroplane (the operation) that is both:
(a) a Part 135 operation or a Subpart 121.Z operation, as applicable; and
(b) a medical transport operation.
       (2) For the operation, the crew member is exempted from compliance with regulation 91.555.
       (3) The exemption in subsection (2) is subject to the condition that the requirements (including the definitions) set out in subsections (4) to (9) are complied with.
       (4) For subsections (5) to (9):
equipment means a safety harness and a restraint strap.
restrained, for a relevant crew member during an operation in an aeroplane, means that the relevant crew member wears the equipment instead of a seatbelt.
       (5) The member must be restrained as follows:
(a) for a VFR flight by day — when the aeroplane flies below 1 000 ft AGL;
(b) for a VFR flight at night, or IFR flight — when the aeroplane flies below the minimum height required by the civil aviation legislation for a route segment of the flight;
(c) for an aeroplane flying above 1 000 ft AGL, or when on the ground at an aerodrome — when the pilot in command of the aircraft, acting in accordance with the operator's exposition, directs that the relevant crew member be restrained.
       (6) Before the operation commences, the operator must ensure that:
(a) the equipment to be worn by the crew member is always available on the aeroplane; and
(b) each relevant crew member:
           (i) has been trained in the use of the equipment; and
           (ii) has been assessed as competent