I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 133.020 of the Civil Aviation Safety Regulations 1998.
Pip Spence
Director of Aviation Safety
12 February 2024
Part 133 Manual of Standards Amendment Instrument 2024 (No.1)
1 Name of instrument
This instrument is the Part 133 Manual of Standards Amendment Instrument 2024 (No. 1).
2 Commencement
This instrument commences on the day after it is registered.
3 Amendment of the Part 133 Manual of Standards
Schedule 1 amends the Part 133 (Australian Air Transport Operations—Rotorcraft) Manual of Standards 2020.
Schedule 1 Amendments
[1] Subsection 1.04(2), definition of recognised foreign State
repeal and substitute
recognised foreign State has the meaning given by regulation 61.010 of CASR.
[2] Paragraph 3.02(a)
repeal and substitute
(a) the rotorcraft’s certificate of registration;
(aa) for a registered rotorcraft — the rotorcraft’s certificate of airworthiness;
(ab) for a foreign-registered rotorcraft — the rotorcraft’s authorisation (however described) that is equivalent to a certificate of airworthiness;
[3] Section 7.01, the chapeau
omit
Subject to subsections (3) and (4), for
insert
For
[4] Subsections 7.01(3) and (4)
repeal
[5] Subsection 7.02(2)
repeal and substitute
(2) A safety briefing, instruction or demonstration mentioned in this section must be given to a passenger as follows:
(a) before the passenger boards the rotorcraft — following the operator’s pre‑flight boarding procedures; or
(b) with the passenger on board the rotorcraft — before the rotorcraft’s engines are started for the flight; or
(c) with the passenger on board the rotorcraft and the rotorcraft’s engines started for the flight — before take-off but only if the rotorcraft is carrying a crew member (other than the pilot in command) who can give the safety briefing, instruction or demonstration without otherwise affecting the safety of the rotorcraft.
[6] Paragraph 8.05(2)(c)
repeal
[7] Section 8.08, the Note
repeal and substitute
Note 1 On ceasing the relevant NVIS operation, the pilot in command, if at a lower altitude, must immediately climb to at least the minimum altitude for a VFR flight at night, or an IFR flight, conducted without the use of NVIS.
Note 2 See also Division 5 of Chapter 11 for rules relating to the fitment and use of rotorcraft exterior lighting.
[8] Section 8.10
omit
Table 8.09(1) (thrice occurring)
insert
Table 8.10(1)
[8A] Section 9.02
repeal and substitute
9.02 Restraining of persons on a flight of a rotorcraft
(1) Each person on a flight of a rotorcraft must be restrained or carried (as applicable), in accordance with section 9.03, 9.04 or 9.05, when:
(a) for a VFR flight by day — the rotorcraft flies below 1 000 ft AGL; or
(b) for a VFR flight at night — the rotorcraft is flown along a route, or route segment, at a height lower than the minimum height mentioned in subregulation 91.277(2) of CASR; or
(c) for an IFR flight — the rotorcraft is flown along a route, or route segment, at a height lower than the minimum height mentioned in subregulation 91.305(2) of CASR; or
(d) the pilot in command of the rotorcraft, acting in accordance with the rotorcraft operator’s exposition, directs that the person be restrained.
(2) The requirements stated in this section are directions to the person for the purposes of regulation 11.245 of CASR.
(3) The directions cease to be in force at the end of 31 January 2027.
[9] Subsection 9.04(1)
omit
is restrained
insert
is restrained or carried (as applicable)
[10] After subsection 9.04(1)
insert
Note Being restrained refers to use of a safety harness and a restraint strap, or stretcher straps.
[11] Paragraph 9.04(2)(c)
omit
seat
insert
seat or stretcher
[12] Paragraph 9.04(2)(d)
omit
seat
insert
seat or stretcher
[13] Subsection 9.04(3)
omit
equipment (twice occurring)
insert
restraint equipment
[14] Subsection 9.04(4)
omit
the equipment:
insert
that, except in relation to any potential flammability of cushioning material, the equipment for the restraint of a person on a stretcher:
[14A] Subparagraph 10.18(2)(b)(ii)
repeal and substitute
(ii) the NAA of a recognised foreign State under EASA-OPS Part CAT (EU Regulation n 965/2012), AMC1 CAT.POL.H.305 or an equivalent standard.
[15] Paragraph 10.22(a)
repeal and substitute
(a) a detailed description of the operator’s usage monitoring system that is used to record and store data relating to:
(i) the rotorcraft’s engines; and
(ii) its transmission systems (where applicable);
[16] Paragraphs 10.26(a) and (b)
repeal and substitute
Note Regulation 91.055 of CASR also requires the pilot in command to ensure that the rotorcraft is operated in a manner that does not create a hazard to another aircraft, a person or property.
[17] Subsection 10.31(3)
omit
(i), (ii) or (iii)
insert
(i), (ii), (iii), (iv) or (v)
[18] Paragraphs 11.01(5)(b) and (c)
repeal and substitute
(b) any mention of feet (or ft) in the context of an altitude is taken to mean feet above mean sea level (AMSL), unless otherwise stated.
[19] Subsection 11.02(3)
omit
fitted
insert
to be fitted
[20] Subsection 11.15(2)
omit
When required
insert
Subject to section 8.08, when required
[21] Paragraph 11.16(3)(c)
omit
an aural warning
insert
an aural or visual warning
[22] Subsection 11.34(1)
omit
be fitted with
insert
be fitted with or carry
[23] Subsections 11.35(1), (2), (3) and (4)
repeal and substitute
(1) An unpressurised rotorcraft operated at a pressure altitude above 10 000 ft (a relevant rotorcraft) must be fitted with or carry sufficient supplemental oxygen to meet the requirements set out in Table 11.35(1).
(2) For a person mentioned in column 1 of an item in Table 11.35(1), supplemental oxygen must be made available in accordance with the supply requirements mentioned for the item in column 2.
(3) Each flight crew member, and each other crew member, must use the supplemental oxygen made available to them under subsection (2):
(a) when the rotorcraft’s cabin pressure altitude exceeds 13 000 ft; and
(b) if the rotorcraft’s cabin pressure altitude exceeds 10 000 ft for a period of, or periods totalling, 30 minutes — during any further period when the cabin pressure exceeds 10 000 ft.
(4) A relevant rotorcraft must be fitted with or carry supplemental oxygen equipment capable of storing and dispensing supplemental oxygen to crew members and passengers under this section.
[24] Section 11.35, Table 11.35(2), the heading
omit
Table 11.35(2)
insert
Table 11.35(1)
[25] Paragraph 11.50(4)(c), the chapeau
repeal and substitute
(c) for a rotorcraft which, on or after 1 January 1991, was first issued with a certificate of airworthiness, or an authorisation (however described) equivalent to a certificate of airworthiness issued by the NAA of a Contracting State.
[26] Division 13 of Chapter 11, the heading
repeal and substitute
Division 13—Surveillance equipment
[27] Section 11.53, the heading
repeal and substitute
11.53 Carriage of surveillance equipment
[28] Subsection 11.53(1)
repeal
[29] Subsection 11.53(2)
omit
For subsection (1), a
insert
A
[30] Subsection 11.53(2), Table 11.53(2), item 3, paragraph (a)
omit
issued with a certificate of airworthiness
insert
certificated in its country of manufacture
[31] Subsection 11.53(2), Table 11.53(2), item 4, paragraph (a)
omit
issued with a certificate of airworthiness
insert
certificated in its country of manufacture
[32] Section 11.54, the heading
repeal and substitute
11.54 Operation of surveillance equipment — general requirements
[33] Subsections 11.54(1), (2), (3) and (4)
repeal and substitute
(1) The requirements of this section are subject to section 11.58.
(2) Surveillance equipment required to be fitted to, or carried on, a rotorcraft by section 11.53 must be continuously operated during the circumstances mentioned in section 11.53.
Note Continuous operation for a transponder means that the equipment must be operated in a mode that enables an SSR response to be transmitted.
(3) Subsection (2) does not apply if ATC has issued an instruction that the surveillance equipment is not to be operated.
(4) If a rotorcraft is fitted with more than 1 approved transponder, only 1 transponder is to be operated at any time.
[34] Subsection 11.54(8)
repeal and substitute
(8) Pressure altitude information reported by an approved transponder or an approved ADS-B OUT equipment configuration must be determined by:
(a) a barometric encoder of a type authorised by CASA or the NAA of a recognised country in accordance with (E)TSO-C88a; or
(b) another system approved under Part 21 of CASR as having a level of performance equivalent to a system mentioned in paragraph (a).
[35] Section 11.55, the heading
repeal and substitute
11.55 Mode S transponders and ADS-B OUT — specific requirements
[36] Subsection 11.55(4)
omit
issued with a certificate of airworthiness
insert
certificated in its country of manufacture
[37] Subsection 11.55(6)
omit
issued with a certificate of airworthiness
insert
certificated in its country of manufacture
[38] Subsection 11.56(1)
omit
issued with a certificate of airworthiness
insert
certificated in its country of manufacture
[39] Subsection 11.56(2)
omit
issued with a certificate of airworthiness
insert
certificated in its country of manufacture
[40] Subsection 11.57(3)
omit
issued with a certificate of airworthiness
insert
certificated in its country of manufacture
[41] Subsection 11.57(4)
omit
issued with a certificate of airworthiness
insert
certificated in its country of manufacture
[42] Section 11.58, the heading
repeal and substitute
11.58 Rotorcraft flown with inoperative surveillance equipment
[43] Section 11.58, the chapeau
omit
An approved transponder
insert
Surveillance equipment
[44] Paragraph 11.58(a)
omit
approved transponder
insert
surveillance equipment
[45] Paragraph 11.58(b)
omit
approved transponder
insert
surveillance equipment
[46] Section 11.58, the Note
repeal and substitute
Note See also section 11.04 for additional requirements related to a flight with inoperative equipment. For a flight with inoperative surveillance equipment, within controlled airspace or at a controlled aerodrome, Division 11.2 of the Part 91 Manual of Standards has requirements related to ATC clearances. Whether a clearance is issued, or when a clearance may be issued, could be affected by the flight not being conducted with operative surveillance equipment.
[47] Chapter 11, Division 14—Night vision imaging systems Reserved
repeal
[48] Section 12.13
omit
12.08(3) (wherever occurring)
insert
12.08(4)