CASA EX54/18 — ATSB Winching Operations Instrument 2018 (Cth)

Instrument number CASA EX54/18

I, GRAEME MILLS CRAWFORD, Group Executive Manager, Aviation, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998 and subregulation 151 (3), 250 (2) and (3) and 251 (3) of the Civil Aviation Regulations 1988.

[Signed G.M. Crawford]

Graeme M. Crawford
Group Executive Manager, Aviation

21 May 2018

CASA EX54/18 — ATSB Winching Operations Instrument 2018

1          Name

                 This instrument is CASA EX54/18 — ATSB Winching Operations Instrument 2018.

2          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the end of 30 April 2021.

3          Definitions

Note   In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations, including: AOCand operating crew.

                 In this instrument:

accident site has the meaning as defined in section 3 of the Transport Safety Investigation Act 2003.

ATSB means the Australian Transport Safety Bureau.

ATSB personnel meanspersons:

(a)employed by the ATSB; or

(b)engaged by the ATSB for the conduct of at least 1 investigation.

ATSB winching operation means a flight involving the winching of ATSB personnel to or from a relevant aircraft.

CAO 29.11means Civil Aviation Order 29.11, as in force from time to time.

dispatcher’s restraint strap means a dispatcher’s restraint strap that complies with ATSO-C1001, as in force from time to time.

investigation means an investigation under the Transport Safety Investigation Act 2003.

relevant aircraft means a multi-engine helicopter that:

(a)is operated under an AOC that authorises the conduct of helicopter winching operations; and

(b)has been hired by the ATSB to transport ATSB personnel to or from an accident site; and

(c)can hover out of ground effect with 1 engine operative during an ATSB winching operation.

winching has the meaning as defined in CAO 29.11.

winchman’s or rescue harness means a winchman’s or rescue harness that complies with ATSO-C1003, as in force from time to time.

winch or hoist has the meaning as defined in CAO 29.11.

4          Authorisation

        (1)     For paragraph 151 (3) (a) of CAR, the pilot in command of a relevant aircraft in flight is authorised to pick up ATSB personnel, or an object accompanying ATSB personnel for the performance of their functions, during an ATSB winching operation.

        (2)     The pilot in command must comply with the conditions mentioned in clauses 1 and 7 of Schedule 1.

5          Permission — operator and pilot

        (1)     For subregulation 250 (2) of CAR, the operator and pilot in command of a relevant aircraft are permitted to carry ATSB personnel, for the purpose of winching ATSB personnel during an ATSB winching operation:

(a)   on, or in, a part of a relevant aircraft that is not designed for the accommodation of the crew or passengers; or

(b)   on, or in, anything attached to the aircraft.

        (2)     The operator must comply with the conditions mentioned in clauses 1 to 7 of Schedule l.

(3)     The pilot in command must comply with the conditions mentioned in clauses 1 and 7 of Schedule 1.

6          Direction

        (1)     For subregulation 251 (3) of CAR, I direct that a winchman’s or rescue harness that complies with subsection (2) must be worn by ATSB personnel in place of a seatbelt during an ATSB winching operation to the extent necessary to winch the personnel to or from a relevant aircraft that is flying at a height of less than 1 000 feet above the terrain.

        (2)     The winchman’s or rescue harness must be attached to:

(a)   a dispatcher’s restraint strap attached to a hard point in the relevant aircraft; or

(b)   the winch or hoist.

7          Exemption — operator and pilot

        (1)     The operator and pilot in command of a relevant aircraft is exempt from compliance with paragraph 5.1 of CAO 29.11 for an ATSB winching operation.

        (2)     The operator must comply with the conditions mentioned in clauses 1 to 7 of Schedule l.

        (3)     The pilot in command must comply with the conditions mentioned in clauses 1 and 7 of Schedule 1.

Schedule 1          Conditions

        1     The operator and pilot in command must ensure that the relevant aircraft carries only:

(a)   the operating crew of the aircraft; and

(b)   ATSB personnel.

        2     Before conducting an ATSB winching operation, the operator must conduct a pre-flight risk assessment that complies with clause 3, and a related mitigation process, for the ATSB winching operation.

        3     The pre-flight risk assessment must:

(a)be appropriate for the nature, size and complexity of the operation after consideration of the risk criteria; and

(b)reasonably satisfy the operator that the ATSB winching operation to be conducted:

             (i)  is within the capability of the relevant aircraft and operator; and

            (ii)  does not involve an unacceptable level of risk.

        4     For clause 3, the risk criteria are the following:

(a)   the potential for exposure of third party persons or property to injury or damage because of the operation;

(b)   the potential for exposure of any of the operating crew, or ATSB personnel to injury because of the operation;

(c)   the nature of the operation and its particular characteristics;

(d)   the nature of the location of the operation and its particular characteristics;

(e)   the nature of the relevant aircraft to be used, its particular characteristics, and its performance;

(f)    the nature and extent of the qualifications and experience of the operating crew to be used in the operation;

(g)   the hazards, external to the relevant aircraft, that may be met in the course of the operation.

        5     The operator must:

(a)   brief the ATSB on the pre-flight risk assessment and mitigation process so that the ATSB is aware of the risks for ATSB personnel and the processes in place to mitigate them; and

(b)   ensure that all members of the operating crew are familiar with the pre‑flight risk assessment and mitigation process.

        6     Before conducting the operation, the operator must ensure that the pilot in command:

(a)   agrees to conduct the operation in accordance with the pre-flight risk assessment, subject to any changes that the pilot considers necessary once the relevant aircraft is in flight given weather conditions and characteristics of the accident site; and

(b)   without affecting the responsibility of the operator or any other person — accepts responsibility for conducting the operation.

        7     The operator and pilot in command must ensure that winching is not conducted over an accident site that is reasonably accessible from a place where the relevant aircraft is permitted to land under the civil aviation legislation.