Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p40
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 98662–101388

is issued in the transport category.
(c) the total number of aerial work passengers on board the aircraft does not exceed a passenger limitation specified in the AFM; and
(d) any aerial work passenger in excess of 9 may only be a person who has been rescued in the course of an ESO.

11.06 Requirements for aerial work passengers
       (1) Subject to subsection (2), for subregulation 138.305 (2) (c) (iv), a person may be carried on a flight as an aerial work passenger if the person is a member of a class of persons mentioned in section 2.02.
       (2) Subsection (1) applies only if the aerial work certificate holder has procedures in the operations manual:
(a) to ensure that the flight:
           (i) is conducted in accordance with the requirements of this MOS (as applicable); and
           (ii) does not contravene regulations 91.265, 91.267, 91.277 and 91.305, as and when they apply to the flight; and
          Note   Regulations 91.265, 91.267, 91.277 and 91.305 are minimum height regulations. However, under Chapter 9 of the MOS, they do not apply for certain flights if the Chapter 9 flight conditions are complied with. This is the context for the expression "as and when [those minimum height regulations] apply to the flight".
(b) that describe how the requirements of regulation 91.565 will be complied with by the pilot in command of the flight; and
(c) for the conduct of the operation and the safety of the person.

11.07 Carriage of 1 or more aerial work passengers over water
       (1) For subparagraph 138.305 (2) (c) (iv), for any stage of a rotorcraft flight with passengers that is conducted over water, 1 or more suitable forced landing areas must be available and usable by the rotorcraft.
       (2) For subsection (1), an area of water is a suitable forced landing area only if subsections 1.06 (2), (3) and (4) of this MOS are satisfied.
       (3) Subsection (1) does not apply to a multi-engine rotorcraft if the rotorcraft:
(a) is operated in accordance with paragraphs (b) and (c) of the definition of OEI accountability for the flight of a multi-engine rotorcraft; and
(b) after the failure of an engine, is:
           (i) able to continue to fly OEI to a suitable forced landing area available and usable on land; or
           (ii) able to safely land and shut down on a vessel to which the rotorcraft has been operating.
       (4) Subsection (1) does not apply to a rotorcraft conducting the phase of a flight that is an ESO operation at an ESO operating site.

CHAPTER 12 NIGHT VISION IMAGING SYSTEMS

Division 1 Purpose, application and definitions

12.01 Purpose
        For subregulation 138.350 (3), this Chapter prescribes requirements relating to an NVIS flight.

12.02