(1) The pilot must not commence an application operation if he or she is not fit for duty.
Penalty: 25 penalty units.
(2) The operator of an aeroplane to be used in an application operation must not allow the pilot to commence the operation if the operator has reason to believe that the pilot is not fit for duty.
Penalty: 25 penalty units.
(3) For subregulations (1) and (2), a pilot is not fit for duty if, for example:
(a) he or she has not had adequate rest, food or drink; or
(b) he or she is adversely affected by a medical condition or a psychoactive substance.
Note: The expression psychoactive substances refers to alcohol, drugs and volatile solvents, but not coffee and tobacco: see clause 60 of Part 2 of the Dictionary.
(4) In paragraph (3)(b):
"medical" includes psychological and psychiatric.
(5) A contravention of subregulation (1) or (2) is an offence of strict liability.
Table of contents
138.005 Application of Part 138
138.020 Issue of Manual of Standards for Part 138
138.025 Approvals by CASA for Part 138
Division 138.B.1--Requirement for certification for certain operations
138.030 Requirement to hold aerial work certificate
Division 138.B.2--Aerial work certificates
138.035 Application for aerial work certificate
138.040 Issue of aerial work certificate
138.045 Approval of manuals
138.050 Conditions of aerial work certificates
138.055 Compliance with conditions of aerial work certificates
Division 138.B.3--Changes relating to aerial work operators
138.060 Changes of name etc.
138.066 Changes must be made in accordance with process in operations manual
Division 138.B.4--Organisation and personnel
138.075 Key personnel cannot carry out responsibilities
138.080 Familiarisation training for key personnel
138.085 Responsibilities and accountabilities of chief executive officer
138.090 Qualifications and experience of head of operations
138.095 Responsibilities of head of operations
138.105 Responsibilities of head of training and checking
138.110 Experience of safety manager
138.115 Responsibilities of safety manager
Division 138.B.5--Training and checking
138.130 Requirements for flight crew
Division 138.B.6--Safety management system
138.145 Safety management system requirements
Division 138.B.7--Personnel fatigue management
Division 138.B.8--Operations manuals
138.155 Content of operations manual
Division 138.B.9--Records and documents
138.175 Availability of records
138.185 Retention periods for personnel records
138.195 Reference library
Division 138.C.1--General flight limitations
Division 138.C.2--Operational documents
138.210 Compliance with flight manual
138.215 Availability of checklists
Division 138.C.3--Flight related documents
138.220 Electronic documents
Division 138.C.4--Reporting and recording defects and incidents etc.
138.230 Procedures for reporting and recording defects etc.
138.235 Reporting and recording incidents
Division 138.C.5--Search and rescue services and emergency and survival equipment
Division 138.C.6--Miscellaneous requirements
Subpart 138.D--Operational procedures
Division 138.D.1--Operational control
Division 138.D.2--Flight preparation
138.265 Flight preparation requirements
Division 138.D.3--Flight planning
Division 138.D.4--Flight rules
138.275 Minimum height rules
Division 138.D.5--Take-offs and landings
138.280 Procedures for safety at aerodromes
Division 138.D.6--Fuel requirements
138.285 Fuel procedures
138.290 Oil requirements
138.300 Hot fuelling
138.305 Carriage of passengers--general
138.320 Procedures for carriage of restricted persons
Division 138.D.8--Instruments, indicators, equipment and systems
138.340 Head-up displays, enhanced vision systems and synthetic vision systems
138.345 Survival equipment procedures
138.350 NVIS flights
138.375 Wearing of seatbelts and other restraint devices
138.380 Procedures in relation to frost etc.
138.385 Procedures in relation to polar operations
Division 138.D.10--Rules for external load operations
Division 138.D.11--Rules for dispensing operations
Division 138.D.12--Rules for task specialist operations
138.432 Possessing and discharging firearms
138.435 Take-off performance
138.440 Landing performance
Subpart 138.J--Weight and balance
138.450 Loading of aircraft
138.460 Weight and balance documents
138.465 Requirements relating to equipment
Subpart 138.N--Flight crew
138.475 Composition, number, qualifications and training
138.480 Training for new or inexperienced flight crew members
138.490 Assignment to duty of pilot in command
Division 138.P.1--Air crew members
138.535 Application of Division 138.P.1
138.540 Composition, number, qualifications and training
Division 138.P.2--Task specialists
138.575 Application of Division 138.P.2
138.580 Qualifications and training