Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p32
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 32/70)
Character Range: 3197574–3200390

in or through which the flight will be conducted;
 (b) for a flight mentioned in paragraph (1)(b)—procedures for determining the pyrotechnic signalling devices required to ensure the distress signals, set out in Appendix 1 to Annex 2, Rules of the Air, to the Chicago Convention, can be made.

138.350  NVIS flights
 (1) This regulation applies to a flight of an aircraft if:
 (a) the flight involves use of a night vision imaging system; and
 (b) the flight is:
 (i) an IFR flight; or
 (ii) a VFR flight at night.
 (2) An aerial work operator's operations manual must include the following:
 (a) procedures for using a night vision imaging system during a flight to which subregulation (1) applies;
 (b) procedures for conducting such a flight without an element of a night vision imaging system, for use if the element is inoperative.
 (3) The Part 138 Manual of Standards may prescribe requirements for the use of a night vision imaging system for a flight of an aircraft.
 (4) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) a night vision imaging system is used during the flight; and
 (b) a requirement mentioned in subregulation (3) is not met for the flight.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (4).
Penalty: 50 penalty units.

Division 138.D.9—Miscellaneous

138.370  Operator must conduct risk assessments
 (1A) 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.
 (1) The Part 138 Manual of Standards may prescribe requirements relating to:
 (a) risk criteria that must be met to conduct an aerial work operation; and
 (b) risk assessment and mitigation processes to be undertaken before conducting an aerial work operation.
 (2) The operator of an aircraft for a flight involving an aerial work operation contravenes this subregulation if:
 (a) a requirement mentioned in subregulation (1) applies for the flight; and
 (b) the requirement 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.

138.375  Wearing of seatbelts and other restraint devices
 (1) The Part 138 Manual of Standards may prescribe requirements relating to the wearing of seatbelts or other restraint devices during aerial work operations.
  (2) A person contravenes this subregulation if:
 (a) the person is subject to a requirement mentioned in subregulation (1); and
 (b) the person does not comply with the requirement.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

138.380  Procedures in relation to frost etc.