Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p76
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 190759–193398

which the operator does not hold an applicable CASA approval to extend a training and checking system already required for certain aircraft or operations to include additional operations, or does not hold a CASA approval to voluntarily adopt a training and checking system where the operator would not normally be required to have such a system, under subsections 4.03 (3) or 4.04 (3).
(b) for an FCM who only flies under the VFR by day for an operator who is required to have a training and checking system under regulation 138.125 — not more than 6 months after first commencing unsupervised line operations for the operator and then at intervals of not more than 12 months after the previous operator proficiency check;
(c) for an FCM who flies under the IFR or the NVFR for an operator who is required to have a training and checking system under regulation 138.125 — at intervals of not more than 6 months after the previous operator proficiency check.
       Note   Paragraphs (b) and (c) also apply for the FCM of an operator for a relevant operation for which the operator holds a CASA approval to extend their existing training and checking system to include the relevant aircraft or operation, or holds a CASA approval to voluntarily adopt a training and checking system for the aircraft or operation where the operator is not normally required under regulation 138.125 to have a training and checking system. See sections 4.03 and 4.04.
       (4) A check of competency or proficiency required under this section to be completed at intervals of 12 months or 3 years, is deemed to have been completed on its due date if the check is successfully completed within the 90 days before or after its due date.
Note   Thus, the due date does not alter.
       (5) A check of competency or proficiency required under this section to be completed at intervals of 6 months, is deemed to have been completed on its due date if the check is successfully completed within the 30 days before or after its due date.
Note   Thus, the due date does not alter.
       (6) An FCM who fails to demonstrate proficiency or competency, or continuing proficiency or competency, for this section must not conduct a flight unless:
(a) the FCM is directly supervised by a person who meets the requirements of paragraph 138.505 (2) (a) or (b); or
(b) the FCM has met the remedial training requirements in section 23.06.
Note   An operator commits an offence if the operator assigns to duty for a flight an FCM who has not been assessed as competent to perform the assigned duties in accordance with the operator's operations manual: see regulation 138.485.