Document ID: chunk:federal_register_of_legislation:F2023C00374:body:0:p10
Version: federal_register_of_legislation:F2023C00374
Segment Type: other
Provision Reference: 
Character Range: 22790–25500

hold the type rating flight test endorsement for the type of helicopter that includes the helicopter; and
(c) the exemption under section 9 applies to the flight examiner in relation to the helicopter.
       (14) The Australian air transport operator is exempt from compliance with regulation 119.060 of CASR, in relation to the condition of the Australian air transport AOC issued to the operator mentioned in subparagraph 119.080 (1) (b) (i) of CASR, to the extent that the head of training and checking of the operator does not comply with the responsibility stated in subparagraph 119.150 (2) (d) (i) of CASR because the flight examiner does not hold the type rating flight test endorsement for the type of helicopter that includes the relevant helicopter.

Part 6 — Aerial work operator and pilot

11 Exemptions
       (1) Subsections (2) and (3) apply if:
(a) the head of operations of an aerial work operator does not hold the pilot type rating in relation to a relevant helicopter; and
(b) the helicopter is used to conduct the greatest proportion of the operator's aerial work operations; and
(c) the exemption under section 5 applies to the head of operations in relation to the helicopter.
       (2) The aerial work operator is exempt from compliance with regulation 138.055 of CASR to the extent that the head of operations does not hold the pilot type rating in relation to the relevant helicopter, which otherwise would be a breach of the condition of an aerial work certificate issued to the operator mentioned in subparagraph 138.050 (1) (b) (i) of CASR.
       (3) The aerial work operator is exempt from compliance with subparagraph 138.155 (1) (e) (i) of CASR to the extent that the operator's operations manual does not state that the head of operations holds the pilot type rating in relation to the relevant helicopter, which is a qualification required to be held by the head of operations under paragraph 138.090 (1) (b) of CASR.
       (4) Subsection (5) applies if:
(a) an aerial work operator makes a significant change that is the permanent appointment, or acting appointment, of a person as the head of operations of the operator under paragraph 138.062 (2) (a) or (3) (a) of CASR; and
(b) the operator applies to CASA for approval of the change under subregulation 138.062 (4) of CASR; and
(c) the person does not hold the pilot type rating in relation to a relevant helicopter; and
(d) the helicopter is used to conduct the greatest proportion of the operator's aerial work operations; and
(e) the exemption under section 5 applies to the person in relation to the helicopter.
       (5) The aerial work operator is exempt from compliance with subregulation 138.062 (2) or (3)