I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 133.020, 135.025 and 138.020 of the Civil Aviation Safety Regulations 1998.
Pip Spence
Director of Aviation Safety
8 April 2024
Part 133, Part 135 and Part 138 Manuals of Standards – Miscellaneous Minor Matters – Amendment Instrument 2024
1 Name of instrument
This instrument is the Part 133, Part 135 and Part 138 Manuals of Standards – Miscellaneous Minor Matters – Amendment Instrument 2024.
2 Commencement
This instrument commences on the day after it is registered.
3 Amendment of the Part 133, Part 135 and Part 138 Manuals of Standards
(1) Schedule 1 amends the Part 133 (Australian Air Transport Operations—Rotorcraft) Manual of Standards 2020.
(2) Schedule 2 amends the Part 135 (Australian Air Transport Operations—Smaller Aeroplanes) Manual of Standards 2020.
(3) Schedule 3 amends the Part 138 (Aerial Work Operations) Manual of Standards 2020.
Schedule 1 Amendments to Part 133 (Australian Air Transport Operations—Rotorcraft) Manual of Standards 2020
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seat
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passenger seat
[2] Paragraph 11.41(6)(a)
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seat
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passenger seat
[3] Paragraph 12.11(1)(c)
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(c) has met the relevant recency or proficiency requirements that are required for the conduct of the training or check, as stated in the operator’s exposition; and
[4] Paragraph 12.11(1)(d)
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has been nominated, in writing,
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subject to subsection (3), has been nominated
[5] Subsection 12.11(2)
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or a document provided by the operator to CASA,
[6] After subsection 12.11(2)
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(3) An individual is not required to be nominated under paragraph (1)(d) if the individual holds any of the following:
(a) a Part 61 flight instructor rating with an appropriate training endorsement and current flight proficiency check in the class or type of rotorcraft to be used for the relevant training or check;
(b) a Part 61 flight examiner rating with an appropriate flight examiner endorsement and current examiner proficiency check in the class or type of rotorcraft to be used for the relevant training or check;
(c) an approval under regulation 61.040 that confers privileges equivalent to those under paragraph (a) or (b) for the relevant training or check.
[7] Paragraph 14.11(1)(c)
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(c) has met the relevant recency or proficiency requirements that are required for the conduct of the training or check, as stated in the operator’s exposition; and
[8] Paragraph 14.11(1)(d)
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has been nominated, in writing,
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has been nominated
[9] Subsection 14.11(2)
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or a document provided by the operator to CASA,
[10] Subsection 14.11(4)
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1 December 2024
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1 December 2027
[11] Paragraph 15.11(1)(c)
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(c) has met the relevant recency or proficiency requirements that are required for the conduct of the training or check, as stated in the operator’s exposition; and
[12] Paragraph 15.11(1)(d)
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has been nominated, in writing,
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has been nominated
[13] Subsection 15.11(2)
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or a document provided by the operator to CASA,
[14] Subsection 15.11(4)
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1 December 2024
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1 December 2027
Schedule 2 Amendments to Part 135 (Australian Air Transport Operations—Smaller Aeroplanes) Manual of Standards 2020
[1] Paragraph 12.11(1)(c)
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(c) has met the relevant recency or proficiency requirements that are required for the conduct of the training or check, as stated in the operator’s exposition; and
[2] Paragraph 12.11(1)(d)
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has been nominated, in writing,
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subject to subsection (3), has been nominated
[3] Subsection 12.11(2)
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or a document provided by the operator to CASA,
[4] After subsection 12.11(2)
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(3) An individual is not required to be nominated under paragraph (1)(d) if the individual holds any of the following:
(a) a Part 61 flight instructor rating with an appropriate training endorsement and current flight proficiency check in the class or type of aeroplane to be used for the relevant training or check;
(b) a Part 61 flight examiner rating with an appropriate flight examiner endorsement and current examiner proficiency check in the class or type of aeroplane to be used for the relevant training or check;
(c) an approval under regulation 61.040 that confers privileges equivalent to those under paragraph (a) or (b) for the relevant training or check.
[5] Paragraph 13.11(1)(c)
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(c) has met the relevant recency or proficiency requirements that are required for the conduct of the training or check, as stated in the operator’s exposition; and
[6] Paragraph 13.11(1)(d)
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has been nominated, in writing,
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has been nominated
[7] Subsection 13.11(2)
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or a document provided by the operator to CASA,
[8] Subsection 13.11(4)
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1 December 2024
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1 December 2027
[9] Paragraph 14.11(1)(c)
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(c) has met the relevant recency or proficiency requirements that are required for the conduct of the training or check, as stated in the operator’s exposition; and
[10] Paragraph 14.11(1)(d)
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has been nominated, in writing,
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has been nominated
[11] Subsection 14.11(2)
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or a document provided by the operator to CASA,
[12] Subsection 14.11(4)
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1 December 2024
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1 December 2027
Schedule 3 Amendments to Part 138 (Aerial Work Operations) Manual of Standards 2020
[1] After subsection 4.03 (6)
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(7) When approved by CASA under subsection (3), the operations to which an operator’s T&CS is extended under subsection (2) are deemed to be prescribed operations for paragraph 138.125 (1) (c) for which the operator is required to have a training and checking system under regulation 138.125.
Note The effect of subsection (7) is that paragraphs 23.05 (3) (b) and (c) apply in relation to the operator’s FCM.
[2] After subsection 4.04 (6)
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(7) When approved by CASA under subsection (3), the operations for which a voluntary T&CS is adopted by the operator under subsection (2) are deemed to be prescribed operations for paragraph 138.125 (1) (c) for which the operator is required to have a training and checking system under regulation 138.125.
Note The effect of subsection (7) is that paragraphs 23.05 (3) (b) and (c) apply in relation to the operator’s FCM.
[2A] Chapter 17, Division 4 — NVIS fire mapping, the heading
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[3] After paragraph 23.05 (3) (a)
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Note Paragraph (a) also applies for the FCM of an operator for a relevant operation for which the operator does not hold an applicable CASA approval to extend a training and checking system already required for certain aircraft or operations to include additional operations, or does not hold a CASA approval to voluntarily adopt a training and checking system where the operator would not normally be required to have such a system, under subsections 4.03 (3) or 4.04 (3).
[4] After paragraph 23.05 (3) (c)
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Note Paragraphs (b) and (c) also apply for the FCM of an operator for a relevant operation for which the operator holds a CASA approval to extend their existing training and checking system to include the relevant aircraft or operation, or holds a CASA approval to voluntarily adopt a training and checking system for the aircraft or operation where the operator is not normally required under regulation 138.125 to have a training and checking system. See sections 4.03 and 4.04.
[5] Subparagraph 23.10 (1) (c) (ii)
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in writing
[6] After subparagraph 23.10 (1) (c) (ii)
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Note See subsection 23.10 (3) for the method of nomination.
[7] Paragraph 23.10 (2) (c)
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(c) has met the relevant recency or proficiency requirements that are required for the conduct of the training or check, as stated in the operator’s training and checking system manual; and
[8] Paragraph 23.10 (2) (d)
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be nominated in writing
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subject to subsection (4), be nominated
[9] After paragraph 23.10 (2) (d)
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Note Subsection (2) also applies if the operator holds a CASA approval to extend their existing training and checking system to include the relevant aircraft or operation, or holds a CASA approval to voluntarily adopt a training and checking system for the aircraft or operation where the operator is not normally required under regulation 138.125 to have a training and checking system. See sections 4.03 and 4.04.
[10] Subsection 23.10 (3)
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operations manual
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operations manual or training and checking manual (as applicable),
[11] After subsection 23.10 (3)
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(4) An individual is not required to be nominated under paragraph (2) (d) if the individual holds any of the following:
(a) a Part 61 flight instructor rating with an appropriate training endorsement and current flight proficiency check in the class or type of aircraft to be used for the relevant training or check;
(b) a Part 61 flight examiner rating with an appropriate flight examiner endorsement and current examiner proficiency check in the class or type of aircraft to be used for the relevant training or check;
(c) an approval under regulation 61.040 that confers privileges equivalent to those under paragraph (a) or (b) for the relevant training or check.
[12] Subsection 24.01 (2) — the Note
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paragraph 138.125 (1) (c) of these Regulations and paragraph 4.02 (1) (c) of this MOS,
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paragraph 138.125 (1) (c) of these Regulations, paragraph 4.02 (1) (c) of this MOS, and subsections 4.03 (7) and 4.04 (7) of this MOS,
[13] Paragraph 24.03 (2) (a)
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operations manual
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operations manual or training and checking manual (as applicable)
[14] Paragraph 24.03 (2) (b)
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operations manual
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operations manual or training and checking manual (as applicable)
[15] Paragraph 24.03 (2) (c)
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(c) meet the relevant recency or proficiency requirements for the aerial work operation that are required for the conduct of the training or check, as stated in the operator’s operations manual or training and checking manual (as applicable); and
[16] Paragraph 24.03 (2) (d)
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in writing
[17] Paragraph 24.03 (3) (a)
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(a) be in the operator’s training and checking manual; and
[18] Paragraph 24.03 (3) (b)
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(2) (a), (b), (c) and (d).
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(2) (a), (b) and (c).
[18A] Subsection 25.02(2), the chapeau
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The training and checking procedures for ensuring task specialist competency must be:
[19] Paragraph 25.02 (2) (b)
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operations manual
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operations manual or training and checking manual (as applicable)
[20] After subsection 25.03 (1) — the Note
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Note Under subregulation 138.125 (1), and sections 4.02, 4.03 and 4.04 of this MOS, certain aerial work certificate holders must have, or may have elected to have, or may have adopted, a formal training and checking system.
[21] Subsection 25.03 (3)
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operations manual
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operations manual or training and checking manual (as applicable)