CASA EX46/19 — Victoria Police (Special Operations Group) Instrument 2019 (Cth)
Instrument number CASA EX46/19
I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 151 (3) (a) and subregulations 215 (3) and 250 (2) of the Civil Aviation Regulations 1988 and regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.
[Signed S. Carmody]
Shane Carmody
Director of Aviation Safety
22 May 2019
CASA EX46/19 — Victoria Police (Special Operations Group) Instrument 2019
1 Name
This instrument is CASA EX46/19 — Victoria Police (Special Operations Group) Instrument 2019.
2 Duration
This instrument:
(a) commences on the day after it is registered; and
(b) is repealed at the end of 30 April 2022.
Note For regulation 11.250 of CASR, the directions in subsections 11 (2) and (3) cease to be in force on the day that the instrument is repealed.
3 Definitions
Note In this instrument certain terms and expressions have the same meaning as they have in the Act and the Regulations, including AOC.
In this instrument:
aircrew member has the meaning as defined in Civil Aviation Order 82.6 (Night vision imaging system — helicopters) 2007, as in force from time to time.
approved attachment point, for a relevant aircraft, means an attachment point:
(a) on the floor or any other part of the internal structure of the aircraft; and
(b) approved under the flight manual for the aircraft.
approved harnessmeans a harness that is approved by CASA under regulation 21.305 of CASR.
CAO 20.16.3 means Civil Aviation Order 20.16.3, as in force from time to time.
dispatcher’s restraint strap means a dispatcher’s restraint strap that complies with ATSO-C1001, as existing from time to time.
helocast: a person engages in a helocast if the person leaves a helicopter while the helicopter:
(a) is over water; and
(b) is established at the height at which the person will leave the helicopter; and
(c) has a ground speed not exceeding 10 knots.
hover means flight at zero ground speed.
hover exit or entry: a person engages in a hover exit or entry if the person leaves or boards a helicopter while it is established in the hover.
relevant aircraftmeans a helicopter:
(a) operated by VPAW under an AOC that authorises the conduct of helicopter winching and rappelling operations, emplaning and deplaning from the hover, and helocasting; and
(b) fitted with winchman’s or rescue harnesses; and
(c) fitted with dispatcher’s restraint straps.
SOG member means an individual, other than an aircrew member or the pilot in command of a relevant aircraft, who is conducting activities for an SOG operation and is:
(a) an employee of the Victoria Police; or
(b) acting under an arrangement between the Victoria Police and a military, paramilitary or police organisation of which the person is an employee or member.
Note As at commencement of this instrument, SOG members operate within the Special Operations Group of the Victoria Police.
SOG operation means an operation:
(a) that is conducted by VPAW; and
(b) that is:
(i) for or related to the law enforcement or counter-terrorism functions of the Victoria Police; or
(ii) for training related to those functions; and
(c) in which a relevant aircraft is used.
Note Examples of activities SOG members may conduct for an SOG operation are winching, rappelling, emplaning and deplaning from the hover, and helocasting.
VPAW means the State of Victoria, acting through Victoria Police Air Wing, ARN 053072.
winchman’s or rescue harness means a winchman’s or rescue harness that complies with ATSO‑C1003, as existing from time to time.
Note For information about minimum performance standards ATSO-C1001 – Dispatcher’s restraint strap and ATSO-C1003 – Helicopter external personnel lifting devices — see section 13.2 and Schedules 24 and 26 of the Part 21 Manual of Standards available on the Federal Register of Legislation.
4 Application
This instrument applies in relation to the following:
(a) the State of Victoria, acting through Victoria Police Air Wing and the Victoria Police Special Operations Group;
(b) the pilot in command of a relevant aircraft;
(c) an SOG member;
(d) an aircrew member of a relevant aircraft.
5 Authorisation
For paragraph 151 (3) (a) of CAR, the pilot in command of a relevant aircraft conducting an SOG operation is authorised to pick up an SOG member and an object accompanying an SOG member.
6 Exemption — operator
(1) VPAW, when conducting an SOG operation, is exempt from compliance with:
(a) subregulations 207 (3) and 235 (7A) of CAR, to the extent that they require VPAW to comply with paragraphs 9.1 and 9.3 of CAO 20.16.3 in relation to the stowage of loose articles; and
(b) paragraphs 9.1 and 9.3 of CAO 20.16.3 in relation to the stowage of loose articles.
(2) The exemption mentioned in subsection (1) is subject to the condition in subsection 12 (1).
7 Exemption — pilot in command
(1) The pilot in command of a relevant aircraft conducting an SOG operation is exempt from compliance with:
(a) subregulations 207 (3) and 235 (7A) of CAR, to the extent that they require compliance with paragraphs 9.1 and 9.3 of CAO 20.16.3 in relation to the stowage of loose articles; and
(b) paragraphs 9.1 and 9.3 of CAO 20.16.3 in relation to the stowage of loose articles.
(2) The exemption mentioned in subsection (1) is subject to the condition in subsection 12 (1).
8 Exemption — Special Operations Group members
(1)An SOG member on a relevant aircraft being used in an SOG operation is exempt from compliance with:
(a) subregulation 251 (1) of CAR; and
(b) subregulations 207 (3) and 235 (7A) of CAR, to the extent that they require compliance with paragraphs 3.1, 4.1, 9.1 and 9.3 of CAO 20.16.3; and
(c) paragraphs 3.1, 4.1, 9.1 and 9.3 of CAO 20.16.3.
(2) The exemption mentioned in paragraph (1) (a) is subject to the condition in subsection 12 (4).
(3) The exemptions mentioned in paragraphs (1) (b) and (c), as they relate to compliance with paragraphs 9.1 and 9.3 of CAO 20.16.3, are subject to the condition in subsection 12 (2).
9 Exemption — aircrew member
(1) An aircrew member of a relevant aircraft being used in an SOG operation is exempt from compliance with:
(a) subregulation 251 (1) of CAR; and
(b) subregulations 207 (3) and 235 (7A) of CAR, to the extent that they require compliance with paragraphs 3.1, 4.1, 9.1 and 9.3 of CAO 20.16.3; and
(c) paragraphs 3.1, 4.1, 9.1 and 9.3 of CAO 20.16.3.
(2) The exemption mentioned in paragraph (1) (a) is subject to the condition in subsection 12 (3).
(3) The exemptions mentioned in paragraphs (1) (b) and (c), as they relate to compliance with paragraphs 9.1 and 9.3 of CAO 20.16.3, are subject to the condition in subsection 12 (2).
10 Permission — operator and pilot in command
For subregulation 250 (2) of CAR, VPAW and the pilot in command of a relevant aircraft are permitted to carry an SOG member for an SOG operation on, or in:
(a) a part of the aircraft that is not designed for the accommodation of the crew or passengers; or
(b) anything attached to the aircraft.
11 Directions
(1) For subregulation 215 (3) of CAR, VPAW must include a copy of this instrument in its operations manual.
(2) For regulation 11.245 of CASR, VPAW must ensure that:
(a) each winchman’s or rescue harness worn by an aircrew member on a relevant aircraft used for an SOG operation is secured to an approved attachment point by a dispatcher’s restraint strap; and
(b) an approved harness is attached to each dispatcher’s restraint strap that is available for use by an SOG member in a relevant aircraft; and
(c) a copy of this instrument, or a document reproducing all the directions in this section and the conditions in section 12, is given to the following:
(i) each pilot in command conducting an SOG operation in a relevant aircraft;
(ii) each SOG member and aircrew member carried on a relevant aircraft being used in an SOG operation.
(3) For regulation 11.245 of CASR, VPAW and the pilot in command of a relevant aircraft must ensure that an SOG member does not engage in a helocast or a hover exit or entry at a location unless:
(a) the SOG member engages in the helocast or hover exit or entry for the purpose of training related to the law enforcement or counterterrorism functions of the Victoria Police; or
(b) a normal landing at that location is not possible or safe.
12 Conditions
(1) VPAW and the pilot in command must ensure that each aircrew member and SOG member on the relevant aircraft complies with the requirements for carriage and stowage of loose articles mentioned in subsection (2).
(2)If the aircrew member or SOG member takes on board the aircraft loose articles, such as a tactical officer’s weapon, the person must:
(a) stow the article within, or secure the article to, the aircraft so as to avoid the possibility of injury to persons or damage to the aircraft caused by movement of the article; or
(b) during the flight, hold on to the article or otherwise secure the article on the person’s body.
(3) When on board a relevant aircraft being used for an SOG operation, the aircrew member must wear a winchman’s or rescue harness secured to an approved attachment point by a dispatcher’s restraint strap.
(4) Subject to subsection (5), when on board a relevant aircraft being used for an SOG operation, the SOG member must wear an approved harness attached to a dispatcher’s restraint strap secured to an approved attachment point in the aircraft.
(5) An SOG member is not required to comply with subsection (4) if it enables the SOG member to, for the purposes of an SOG operation:
(a) engage in a hover exit or entry and the helicopter is established in the hover at the height where the hover exit or entry will take place; or
(b) engage in a helocast and the helicopter:
(i) has a ground speed not exceeding 10 knots; and
(ii) is established at the height at which the SOG member will leave the helicopter.
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