Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p27
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 66209–69011

pilot in command or to any of the operator's personnel before the operation commences is sufficient for paragraph (d) or (e).
       (5) Subsection (4) does not apply to:
(a) an ESO operation the purpose of which is to save any person, vessel, vehicle, structure or livestock, from harm or destruction; or
(b) an operation where:
           (i) the operator knows that the relevant thing is unoccupied, and there are no relevant livestock; and
           (ii) the operator and the pilot in command each ensure that, when over or in close proximity to the relevant thing, the aircraft is operated in a way and at an altitude such that, in the event of an emergency, the aircraft can avoid endangering any relevant person, relevant thing or relevant livestock, on ground or water.

Division 3 Rotorcraft — IFR flight and VFR flight at night
Note   This Division prescribes the requirements for an aerial work operation to descend below the minimum height that might otherwise apply under Part 91 of CASR.

9.04 Requirements for rotorcraft IFR flight, and VFR flight at night, below minimum height
       (1) For regulation 138.275, the pilot in command of a rotorcraft may fly below minimum height in an IFR flight, or in a VFR flight at night, only if:
(a) the flight is for an aerial work certificate holder; and
(b) the requirements in subsection (2) are complied with, subject to subsection (3).
       (2) For subsection (1), the requirements are the following:
(a) the rotorcraft must be operated in VMC;
(b) before descent, the pilot in command must have received confirmation that the area in which the rotorcraft is to operate is clear of obstructions and obstacles which may endanger the rotorcraft;
(c) if meteorological conditions below minimum height become less than VMC, then the rotorcraft must immediately commence a climb to resume operations above the minimum height;
(d) at an ESO operating site:
           (i) the rotorcraft operator must ensure that risk assessment and management procedures for such operations are contained in the operations manual; and
           (ii) the operator and the pilot in command must each ensure that the procedures are followed for the operation;
(e) subject to paragraph (f), only essential crew members may be carried;
(f) an aerial work passenger may be carried but only:
           (i) if the operation is an ESO; or
           (ii) in accordance with Chapter 11;
(g) the flight below minimum height must:
           (i) be essential for conducting the aerial work operation; and
           (ii) be planned to minimise the time the rotorcraft is unable to achieve a suitable forced landing, or safe continuation of flight, if an engine failure occurs; and
           (iii) not create a hazard for third parties not involved in the operation;
(h)