Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p36
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 88937–91646

a public gathering, if:
(a) the rotorcraft is flown below the height, and closer than the distance, specified in paragraph 91.265 (3) (a); and
(b) none of the circumstances mentioned in subregulation 91.265 (4) applies.
Note   An external load operation must not be conducted over a populous area or a public gathering without the written permission of CASA. See also section 15.09.
       (2) Regulation 91.265 does not apply to the flight if the requirements in this section are complied with.
       (3) The flight must be an aerial work operation in an AWZ.
       (4) The flight must be conducted by an aerial work certificate holder.
       (5) Unless the flight is an ESO, there must be a risk assessment and an AWZ-RA in accordance with the applicable provisions of Chapter 13.
       (6) The flight must be conducted in VMC and, if the operation is conducted at night, the pilot in command must use, and be qualified to use, an NVIS.
       (7) The rotorcraft must be operated:
(a) with OEI accountability but only:
           (i) if multi-engine — with at least en route OEI stay-up performance capability; or
           (ii) if single-engine — with available suitable forced landing areas at all stages of the flight below the minimum height; or
           (iii) if single-engine without available suitable forced landing areas at all stages of the flight below the minimum height — with:
            (A) the requirements of section 9.05 met; and
            (B) the rotorcraft operated so that it will not create a hazard to persons or property on ground or water in the event of an engine failure or other emergency; or
(b) if the flight is an external load operation in an AWZ and the rotorcraft cannot be operated with OEI accountability — only over such parts of the AWZ where an area is available which, if used for a forced landing, will not create a hazard to persons or property not directly involved in the operation.

CHAPTER 10 RESERVED

CHAPTER 11 CARRIAGE OF AERIAL WORK PASSENGERS OR AERIAL WORK CARGO

11.01 Application
       (1) This Chapter applies only to an aerial work certificate holder.
Note   Only an aerial work certificate holder may carry aerial work passengers.

11.02 Carriage of 1 to 9 aerial work passengers in IFR flights
       (1) For subparagraph 138.305 (2) (c) (iv), 1 to 9 aerial work passengers may be carried in an IFR flight, but only if the aircraft is:
(a) a multi-engine aeroplane; or
(b) a PSEA — except that if 4 or more aerial work passengers are being carried, only a PSEA that is operated in accordance with the operator's operations manual procedures for suitable routes and forced landing areas for a PSEA; or
Note   See section 7.03.
(c) subject