[Signed P. Spence]
Pip Spence
Director of Aviation Safety
23 March 2023
Part 138 MOS Amendment Instrument 2023 (No. 1)
1 Name of instrument
This instrument is the Part 138 MOS Amendment Instrument 2023 (No. 1).
Note MOS is short for Manual of Standards.
2 Commencement
This instrument commences on 27 March 2023.
3 Amendment of the Part 138 Manual of Standards
Schedule 1 amends the Part 138 (Aerial Work Operations) Manual of Standards 2020.
Schedule 1 Amendments
[1] Subsection 14.02 (4)
repeal and substitute
(4) Subsections (2) and (3) do not apply for a Class D external load operation when a person is:
(a) rappelling — provided that the requirements of subsection 15.06 (6) are complied with; or
Note See subsection 1.04 (6) for the definition of rappelling.
(b) making a hover entry or exit — provided that the requirements of subsection 15.06 (7) are complied with.
Note See subsection 15.06 (7) for the meaning of hover entry or exit.
[2] Section 15.01, the Note
repeal and substitute
Note 1 By virtue of subparagraph 138.030 (2) (b) (iii), only an aerial work certificate holder may conduct a Class D external load operation.
Note 2 It is a significant change requiring CASA approval for an operator to begin any kind of class D external load operation for the first time, whether it involves winching, a belly hook, a platform, rappelling, or a hover entry/exit) — see subparagraph 138.012 (a) (vii) of CASR.
[3] Subsection 15.06 (6)
repeal and substitute
Class D external loads — rappelling
(6) For a Class D external load operation, that involves rappelling, the operator and the pilot in command must ensure that the operation is conducted:
(a) by personnel who have successfully completed the operator’s advanced operational training in rappelling; or
(b) to train personnel for an operation described in paragraph (a).
[4] After section 15.07
insert
Note External load operations may be conducted over a populous area or a public gathering in accordance with section 13.09 — see subsection 15.09 (2).
[5] Section 15.09, the heading
repeal and substitute
15.09 Approvals required for Class C and Class E external load operations
[6] Subsection 15.09 (4)
repeal and substitute
(4) For subsection (3), an application for written approval must be accompanied by the operator’s:
(a) detailed risk assessment and mitigation processes; and
(b) proposed operations manual content and, if necessary, training and checking manual content, that includes the operational procedures to enable compliance with the applicable requirements of this Chapter.
Note Aerial work certificate holders who are required to have a formal training and checking system under regulation 138.125 of CASR must have a training and checking manual. Other aerial work certificate holders may choose to include their training and checking requirements in a separate training and checking manual, or in their operations manual.