Document ID: chunk:federal_register_of_legislation:F2024L01553:body:0:p8
Version: federal_register_of_legislation:F2024L01553
Segment Type: other
Provision Reference: 
Character Range: 18404–21341

that, for the private operation:
(a) the operations manual provides for compliance with the requirements of regulation 138.302; and
(b) such requirements are complied with by:
           (i) the pilot in command; and
           (ii) other crew members (if any); and
           (iii) the operator's personnel (if any) who carry out a ground support duty for a flight of the aircraft.
Note   The definition of private operation in the CASR Dictionary includes a limited aerial work, operation and other operations which are not required to be conducted under an AOC or another operating certificate. The intent of this section, and of sections 13 and 14, is to permit holders of aerial work certificates and pilots in command to comply with certain provisions of Part 138 and the Part 138 MOS, instead of the otherwise applicable provisions of Part 91 when conducting private operations, including, for example, such repositioning or ferry flights as are private operations.

12 Application of relevant Part 138 passenger safety procedures instead of Part 91 passenger safety briefing requirements — exemption and direction
       (1) This section applies to an aerial work operation in an aircraft that is an emergency service operation conducted by an aerial work certificate holder.
       (2) For the operation, the pilot in command of the aircraft is exempted from compliance with regulation 91.565 (Passengers — safety briefings and instructions).
       (3) The exemption in subsection (2) is subject to the following conditions:
(a) the pilot in command must be satisfied that it is not practicable to comply with regulation 91.565;
       Note   Reasons for impracticability include the urgency of the flight and the medical condition of the passenger.
(b) the pilot in command must comply with any procedures and requirements in the operations manual, prepared in accordance with regulation 138.155 in relation to subparagraph 138.305(2)(c)(iii), that are applicable or relevant to the pilot in command for the emergency service operation.

 Directions
       (4) The operator must ensure that paragraph (3) (b) is complied with for the operation.

13 Application of Part 138 performance requirements instead of Part 91 performance requirements — exemption and direction
       (1) This section applies to a private operation in an aircraft, conducted by an aerial work certificate holder, provided that the private operation is not a limited aerial work operation.
       (2) For the operation, the operator and the pilot in command of a large aeroplane are each exempted from compliance with each provision in Subpart 91.F (as applicable) but only if the operator and the pilot in command (as applicable) each complies with the directions in subsections (4), (5) and (6), as applicable.
       (3) For the operation, the operator and the pilot in command of a rotorcraft are each exempted from compliance with each provision in