Document ID: chunk:federal_register_of_legislation:F2024L01554:body:0:p11
Version: federal_register_of_legislation:F2024L01554
Segment Type: other
Provision Reference: 
Character Range: 26405–29312

– Part 135 operations and Subpart 121.Z operations – aeroplanes – exemptions

40 Application of Part 9
        This Part applies to an Australian air transport operator for the conduct of a Part 135 operation or a Subpart 121.Z operation (the relevant operator) who, immediately before 2 December 2021:
(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised charter operations, or aerial work (air ambulance) operations; and
(b) was not subject to a requirement under subregulation 217(1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations or for an aeroplane used in the operations.

41 Exemptions
        A relevant operator is exempted from compliance with the following provisions:
(a) regulation 119.036;
(b) regulation 119.145;
(c) regulation 119.150;
(d) regulation 119.170;
(e) paragraph 119.205(1)(e), but only to the extent that it applies to the head of training and checking;
(f) paragraph 135.380(2)(f);
(g) regulation 135.385;
(h) paragraph 135.395(1)(c);
(i) regulation 135.405;
(j) regulation 135.430;
(k) regulation 135.445;
(l) regulation 135.455;
(m) regulation 135.460.
Note    For paragraph (f), exemption from paragraph 135.380(2)(f) has the implied consequential effect of exempting from subregulation 135.380(4) and Chapter 12 of the Part 135 MOS.

42 Conditions of the exemptions — safety
       (1) It is a condition of the exemptions in section 41 that the relevant operator must not commence the following:
(a) scheduled air transport operations (relevant operations);
(b) use of an aeroplane for any air transport operation (the relevant aeroplane);
        if:
(c) such commencement would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;
(d) the relevant operator has not complied with the directions in section 43 for the relevant operations or the relevant aircraft.
       (2) It is a condition of the exemptions in section 41 that the relevant operator must ensure that:
(a) the operator's head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and
(b) each crew member of an aeroplane for a flight that is a Part 135 operation or a Subpart 121.Z operation (as applicable):
           (i) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and
           (ii) has been assessed as competent, in accordance with the operator's exposition, to perform the duties assigned to the person for the flight; and
(c) for a flight that is a Part 135 operation or a Subpart 121.Z operation (as applicable) for an operator who did not conduct multi-crew operations before 2 December 2021, prior training for the pilot in command of the aeroplane must include the following: