Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p23
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 55743–58720

system for the operator's operations.
       (2) The operator may voluntarily adopt a training and checking system for the operator's nominated operations (a voluntary T&CS).
       (3) However, adoption of a voluntary T&CS may only take effect on and from the day that CASA approves the operator's voluntary extension under regulation 138.025.
       (4) An approval under subsection (3) must be based on the operator's safety case and any other information that CASA considers relevant.
       (5) The operator's safety case must describe:
(a) the nature, size, scope, complexity, and purpose of, and the aircraft to be used in, the nominated operations; and
(b) how and why the application of a voluntary T&CS to the operations will not have an adverse effect on aviation safety.
       (6) It is a condition of an approval that:
(a) the requirements of regulations 138.130 and 138.135 must be complied with for the nominated operations as if they applied to the operations under regulation 138.125; and
(b) the operator's operations must contain procedures for the safe and effective extension of the operator's T&CS to the nominated operations.
       (7) When approved by CASA under subsection (3), the operations for which a voluntary T&CS is adopted by the operator under subsection (2) are deemed to be prescribed operations for paragraph 138.125 (1) (c) for which the operator is required to have a training and checking system under regulation 138.125.
Note   The effect of subsection (7) is that paragraphs 23.05 (3) (b) and (c) apply in relation to the operator's FCM.

CHAPTER 5 SAFETY MANAGEMENT SYSTEM

5.01 Application
        This Chapter applies only to an aerial work certificate holder.

5.02 Safety management systems
       (1) For paragraph 138.140 (1) (c), an aerial work certificate holder who conducts one or more of the following must have a safety management system:
        RESERVED
       (2) For subregulation 138.140 (2), an aerial work certificate holder is not required to have a safety management system for an aerial work operation conducted in an aeroplane if the following circumstances apply to the aeroplane:
        RESERVED
       (3) For subregulation 138.140 (2), an aerial work certificate holder is not required to have a safety management system for an aerial work operation conducted in a rotorcraft if the following circumstances apply to the rotorcraft:
        RESERVED

CHAPTER 6 PERSONNEL FATIGUE MANAGEMENT

6.01 Application
        This Chapter applies to the following operators:
(a) an aerial work certificate holder;
(b) a limited aerial work operator.

6.02 Personnel fatigue management
       (1) For subregulation 138.150 (1), this Chapter applies to the external load, dispensing and task specialist operations of an operator.
       (2) For subregulation 138.150 (2), an aerial work certificate holder must comply, and ensure that FCMs comply, with CAO 48.1 as if the holder were an Air Operator Certificate (AOC)