Document ID: chunk:federal_register_of_legislation:F2021C01239:reg:9:p3
Version: federal_register_of_legislation:F2021C01239
Segment Type: reg
Provision Reference: reg 9 (pt 3/63)
Character Range: 43129–45809

holder engaged in a relevant operation;
(b) an FCM employed by, and undertaking duties for, the AOC holder mentioned in subparagraph (a).
       11.4 It is a condition on the AOC of an AOC holder mentioned in subparagraph 11.3 (a) that the holder must comply with Subpart 137.Q of CASR.
Note   Such AOC holders are bound by Subpart 137.Q of CASR and there are penalties under Subpart 137.Q for failure to comply.
       11.5 It is a condition on the flight crew licence of an FCM mentioned in subparagraph 11.3 (b) that the FCM must comply with Subpart 137.Q of CASR.
Note   Such FCMs are bound by Subpart 137.Q of CASR and there are penalties under Subpart 137.Q for failure to comply.
       11.6 Subject to paragraph 11.7, before an FCM conducts a relevant operation for an AOC holder, the holder must be satisfied that the FCM has received awareness material, or training, in managing the fatigue-related risks relevant to his or her duties as an FCM.
       11.7 Paragraph 11.6 does not apply until 1 July 2020 to an AOC holder for a relevant operation if the holder held an AOC for the relevant operation immediately before 30 April 2013.

12 Private operations
       12.1Subject to paragraph 12.3, this CAO does not apply to an AOC holder when conducting private operations.
       12.2Subject to the condition mentioned in paragraph 16.1, and paragraph 12.3, this CAO does not apply to an FCM when conducting private operations.
Note   The condition under paragraph 16.1 applies to FCMs whether or not they are employed by an AOC holder. Paragraph 16.1, therefore, applies to FCMs engaged in private operations as well as FCMs engaged in operations under an AOC. Guidance on the assessment of individual cognitive and physical fitness is contained in CAAP 48‑01. CASA recommends that FCMs engaged in private operations consider this guidance in determining self-prescribed limits.
       12.3Despite paragraphs 12.1 and 12.2, if an FCM performs duty by conducting a private operation (a private flight) during an FDP that involves a flight that is not a private operation (a non-private flight), the rules in paragraph 12.4 apply in relation to the FCM.
       12.4For paragraph 12.3:
(a) if the private flight is conducted before any non-private flight is conducted — the private flight time must be taken to be part of the FCM's FDP and must not be taken to be part of the FCM's off-duty period; and
(b) if the private flight is conducted between non-private flights — the private flight time must be taken to be part of the FCM's FDP and must not be taken to be part of the FCM's off-duty period; and
(c) if:
 (i) only 1 non-private flight is conducted during the FDP;