Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p25
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 61075–64006

the aircraft for the flight.

8.03 Avoid area of the HV curve chart of a rotorcraft AFM
       (1) For section 8.02, the rotorcraft (the relevant rotorcraft):
(a) must be the subject of:
           (i) a type certificate in the transport category, whether issued by CASA or by another NAA; and
           (ii) a certificate of airworthiness, or an authorisation (however described) issued by the NAA of a Contracting State that is equivalent to a certificate of airworthiness; and
(b) must have an AFM limitation or requirement in relation to operations inside the avoid area of the HV envelope; and
(c) must be conducting one of the following operations:
           (i) an emergency service operation at an ESO operating site, for which the rotorcraft's operator and crew have:
            (A) conducted an operational risk assessment; and
            (B) found the site to be a suitable place to operate the rotorcraft safely;
           (ii) an external load operation.
       (2) For section 8.02, the circumstances are that it would be impossible for the rotorcraft to carry out the operation if, for the operation, the operator were to direct the pilot in command to attempt, and the pilot in command were to attempt, to comply with the AFM limitation or requirement in relation to operations inside the avoid area of the HV envelope.
Note   Nothing in subsection 8.03 (2) affects the application of AFM limitations and requirements in relation to assessment of rotorcraft performance.

CHAPTER 9 FLIGHT RULES — MINIMUM HEIGHT

Division 1 Preliminary

9.01 Application
        Unless it provides otherwise, this Chapter applies to the following operators:
(a) an aerial work certificate holder;
(b) a limited aerial work operator.

9.02 Minimum height rules
       (1) For regulation 138.275, the minimum height requirements under regulations 91.265, 91.267, 91.277 and 91.305 do not apply to a pilot in command of an aircraft for a flight involving an aerial work operation if:
(a) the flight occurs in the circumstances described in subregulation 91.265 (4), 91.267 (3), 91.277 (3) or 91.305 (3), as the case requires; or
(b) the applicable requirements prescribed in this Chapter are complied with.
Note 1   In this MOS, references to an aerial work operation include training for the aerial work operation: see regulation 138.010.
Note 2   Regulation 138.275 disapplies regulations 91.265, 91.267, 91.277 and 91.305 if circumstances or requirements relevantly prescribed in this MOS apply to an aircraft or an operation. If the circumstances or requirements prescribed in this MOS do not apply to an aircraft or an operation, then regulations 91.265, 91.267, 91.277 and 91.305 apply to the aircraft and operation.
       (2) For a positioning flight, the following minimum height requirements apply until the aerial work operation that the positioning flight facilitates, commences:
(a) for a positioning flight conducted