Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p20
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 47863–50840

1.04 (6);
(d) a Class D external load, as defined in subsection 1.04 (6);
(e) a Class E external load, as defined in subsection 1.04 (6).

2.02 Aerial work passengers — classes of persons
       (1) The following classes of persons are prescribed for the definition of aerial work passenger in the CASR Dictionary:
(a) persons:
           (i) present for a purpose, other than mere convenience or enjoyment, that is reasonably and closely associated with the purpose of the operator's aerial work operations; and
           (ii) mentioned in the operations manual in a section describing:
            (A) why the person is present; and
            (B) the procedures for the person's safety and personal awareness of risks;
       Note   Examples of persons mentioned in paragraph (1) (a) include persons whose absence would be likely to do any of the following:
          (a) increase the risks associated with the operation;
          (b) make the operation longer in duration;
          (c) result in the operation being frustrated or incomplete;
          (d) result in training and checking objectives not being accomplished;
          (e) result in safety information not being collected for the operator's safety management system.
(b) persons carried on positioning flights.
       Note   See the definition of positioning flight in subsection 1.04 (6).
       (2) The following classes of persons are also prescribed for the definition of aerial work passenger in the CASR Dictionary:
(a) persons rescued as part of search and rescue operations;
(b) restricted persons if the flights are conducted as part of emergency service operations;
(c) emergency service operation personnel if the flights are conducted as part of emergency service operations;
(d) marine pilots, when being transferred to or from ships requiring the services of a marine pilot.
Note   See also section 11.06.

CHAPTER 3 OTHER PRESCRIBED BODIES AND ORGANISATIONS INCLUDED IN, OR EXCLUDED FROM, DEFINITIONS FOR PART 138 OF CASR

3.01 Other operations excluded from definition of aerial work operation
        For paragraph 138.010 (5) (g), the following operations are not included within the definition of aerial work operation:
(a) an operation in which an aircraft tows a thing, and the pilot in command of the aircraft meets the requirement mentioned in paragraph 91.210 (2) (a);
       Note   Paragraph 91.210 (2) (a) refers to a towing approval.
(b) an operation that is a flight test for an experimental aircraft conducted under an experimental certificate;
(c) an operation that is a maintenance test flight;
(d) an operation where a person undertaking a parachute descent in accordance with Part 105 of CASR causes a thing to be dropped:
 (i) from the aircraft before the descent; or
 (ii) during the descent;
(e) an operation that is aerial spotting, carried out in a weight-shift-controlled aeroplane type certificated in the primary category whose operation is administered by a sport