Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p35
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 35/70)
Character Range: 3205379–3208244

the flight.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).
Penalty: 50 penalty units.

Division 138.D.12—Rules for task specialist operations

138.430  Manual of Standards may prescribe requirements for task specialist operations
 (1) This regulation applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate.
 (2) The Part 138 Manual of Standards may prescribe requirements relating to flights of aircraft involving task specialist operations.
 (3) The pilot in command of an aircraft for a flight involving an aerial work operation contravenes this subregulation if:
 (a) the pilot is subject to a requirement mentioned in subregulation (2) for the flight; and
 (b) the requirement is not met for the flight.
 (4) The operator of an aircraft for a flight involving an aerial work operation contravenes this subregulation if:
 (a) the operator is subject to a requirement mentioned in subregulation (2) for the flight; and
 (b) the requirement is not met for the flight.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).
Penalty: 50 penalty units.

138.432  Possessing and discharging firearms
 (1) This regulation applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate authorising the operation.
 (2) The operator and the pilot in command of an aircraft for a flight involving an aerial work operation each contravene this subregulation if:
 (a) either or both of the following apply for the flight:
 (i) a person carries or otherwise possesses a firearm on an aircraft;
 (ii) a person discharges a firearm while on an aircraft; and
 (b) a requirement prescribed by the Part 138 Manual of Standards for the purposes of this paragraph is not met for the flight.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
 (4) This regulation applies despite regulations 91.160, 91.165 and 91.190.
Subpart 138.F—Performance

138.435  Take‑off performance
 (1) This regulation applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate authorising the operation.
 (2) The Part 138 Manual of Standards may prescribe requirements relating to take‑off performance for a flight of an aircraft.
 (3) Without limiting subregulation (2), the Part 138 Manual of Standards may prescribe requirements that relate to one or more of the following:
 (a) the kinds of operations to be carried out during the flight;
 (b) characteristics of the aerodrome at which the aircraft takes off;
 (c) characteristics of the route flown by the aircraft;
 (d) characteristics of the aerodrome at