Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 138.305

Carriage of passengers--general

             (1)  This regulation applies to the operator of an aircraft for an aerial work operation whether or not the operator holds an aerial work certificate authorising the operation.

             (2)  A person contravenes this subregulation if:

                     (a)  the person is the operator, or the pilot in command, of an aircraft for a flight involving an aerial work operation; and

                     (b)  a passenger is carried on the aircraft for the flight; and

                     (c)  any of the following circumstances exist in relation to the flight:

                              (i)  the passenger is not an aerial work passenger;

                             (ii)  when the passenger is carried on the aircraft, the operator of the flight does not hold an aerial work certificate authorising the operation;

                            (iii)  when the passenger is carried on the aircraft, the operator's operations manual does not include procedures to ensure the safety of the passenger;

                            (iv)  any requirements about carrying the passenger that are prescribed by the Part 138 Manual of Standards for the purposes of this subparagraph are not met.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty:  50 penalty units.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback