Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p34
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 34/70)
Character Range: 3202801–3205666

or not the operator holds an aerial work certificate authorising the operation.
 (1) The operator and the pilot in command of an aircraft for a flight involving an aerial work operation each contravene this subregulation if:
 (a) the operation is an external load operation at night; and
 (b) the operation is not conducted as part of an emergency service operation; and
 (c) the requirement in subregulation (2) is not met.
 (2) The requirement is that the operator must hold an approval under regulation 138.025 to conduct the operation at night.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

138.410  Manual of Standards may prescribe requirements for external load operations
 (1) This regulation applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate.
 (2) The Part 138 Manual of Standards may prescribe requirements relating to flights of aircraft involving external load operations.
 (3) Without limiting subregulation (2), the Part 138 Manual of Standards may prescribe classes of external loads.
 (4) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the pilot is subject to a requirement mentioned in subregulation (2) for the flight; and
 (b) the requirement is not met for the flight.
 (5) The operator of an aircraft for a flight contravenes this subregulation if:
 (a) the operator is subject to a requirement mentioned in subregulation (2) for the flight; and
 (b) the requirement is not met for the flight.
 (6) A person commits an offence of strict liability if the person contravenes subregulation (4) or (5).
Penalty: 50 penalty units.

Division 138.D.11—Rules for dispensing operations

138.425  Manual of Standards may prescribe requirements for dispensing operations
 (1) This regulation applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate.
 (2) The Part 138 Manual of Standards may prescribe requirements relating to dispensing operations.
 (3) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the pilot is subject to a requirement mentioned in subregulation (2) for the flight; and
 (b) the requirement is not met for the flight.
 (4) The operator of an aircraft for a flight contravenes this subregulation if:
 (a) the operator is subject to a requirement mentioned in subregulation (2) for the flight; and
 (b) the requirement is not met for the flight.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).
Penalty: 50 penalty units.

Division 138.D.12—Rules for task specialist operations

138.430  Manual of Standards may prescribe requirements for task specialist operations