Document ID: chunk:federal_register_of_legislation:F2023C00374:body:0:p13
Version: federal_register_of_legislation:F2023C00374
Segment Type: other
Provision Reference: 
Character Range: 30147–32795

(16) applies if:
(a) an aerial work operator is required by regulation 138.125 of CASR to have a training and checking system; and
(b) the operator has a contract with a Part 142 operator for the Part 142 operator to conduct checking for the operator's flight crew in relation to a relevant helicopter; and
(c) a flight examiner who conducts the checking is not authorised under Part 61 of CASR to conduct the checking because the flight examiner does not hold the type rating flight test endorsement for the type of helicopter that includes the helicopter; and
(d) the exemption under section 9 applies to the flight examiner in relation to the helicopter.
       (16) The aerial work operator is exempt from compliance with regulation 138.055 of CASR, in relation to the condition of an aerial work certificate issued to the operator mentioned in subparagraph 138.050 (1) (b) (i) of CASR to the extent that the head of training and checking for the operator does not comply with the responsibility stated in subparagraph 138.105 (3) (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.
       (17) Subsection (18) applies if:
(a) a pilot performs a duty as pilot in command of a relevant helicopter for a flight involving an aerial work operation; and
(b) the pilot is not qualified, under subparagraph 138.500 (1) (a) (i) of CASR, as pilot in command for the flight because the pilot does not hold the pilot type rating in relation to the helicopter; and
(c) the exemption under section 5 applies to the pilot in relation to the helicopter.
       (18) The pilot is exempt from compliance with subregulation 138.500 (2) of CASR to the extent that the pilot does not hold the pilot type rating in relation to the relevant helicopter.
       (19) Subsection (20) applies if:
(a) the aerial work operator of a relevant helicopter for a flight involving an aerial work operation assigns a pilot to duty as pilot in command of the aircraft for the flight; and
(b) the pilot is not qualified, under subparagraph 138.500 (1) (a) (i) of CASR, as pilot in command for the flight because the pilot does not hold the pilot type rating in relation to the helicopter; and
(c) the exemption under section 5 applies to the pilot in relation to the helicopter.
       (20) The aerial work operator is exempt from compliance with subregulation 138.500 (2A) of CASR to the extent that the pilot does not hold the pilot type rating in relation to the relevant helicopter.

Part 7 — Part 141 operator

12 Exemptions
       (1) Subsection (2) applies if: