Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 138.500

Qualification as pilot in command

  (1A)   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.

  (1)   A pilot is qualified as pilot in command of an aircraft for a flight involving an aerial work operation if:

  (a)   the pilot is:

  (i)   if the aircraft is an Australian aircraft--authorised under Part   61 to carry out, in relation to the flight, the duties assigned to the pilot by the operator of the flight; or

  (ii)   if the aircraft is a foreign registered aircraft--authorised by the aircraft's State of registry to carry out, in relation to the flight, the duties assigned to the pilot by the operator of the flight; and

  (b)   the pilot has the qualifications and experience required by the operator's operations manual (if any) for the flight; and

  (c)   the pilot has the qualifications and experience prescribed by the Part   138 Manual of Standards for the flight.

  (2)   The pilot in command of an aircraft for a flight involving an aerial work operation contravenes this subregulation   if:

  (a)   the pilot performs a duty as pilot in command for the flight; and

  (b)   the pilot is not qualified under subregulation   (1) as pilot in command for the flight.

  (2A)   The operator of an aircraft for a flight involving an aerial work operation contravenes this subregulation   if:

  (a)   the operator assigns a pilot to duty as pilot in command of the aircraft for the flight; and

  (b)   the pilot is not qualified under subregulation   (1) as pilot in command for the flight.

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

Penalty:   50 penalty units.


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