CASA 11/09 - Permission and direction - helicopter special operations

Overview

The Civil Aviation Regulations 1988, amended by the instrument F2009L00158, were enacted to address specific safety concerns related to helicopter operations in special circumstances. This legislative instrument was introduced to allow certain passengers to be carried on the undercarriage of helicopters engaged in special operations, such as search and rescue, law enforcement, firefighting, and training for these operations, when landing is not possible or safe. The objective of this regulation is to facilitate safer emplaning and deplaning in hover conditions for suitably trained and experienced operators, thereby enhancing operational safety during such critical missions. The instrument was issued by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988 and is subject to the provisions of the Legislative Instruments Act 2003, including tabling and disallowance in the Parliament. This amendment specifically targets the operators listed in Schedule 2 and mandates that operations must adhere to CASA-approved instructions outlined in the operator's manual.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide the regulatory framework for civil aviation safety in Australia, with the overarching objective of ensuring the safety of air navigation. Specifically, subregulation 250(2) allows for the carriage of persons on parts of an aircraft not designed for accommodation of crew or passengers, subject to the permission of the Civil Aviation Safety Authority (CASA). This instrument pertains to helicopter special operations, such as search and rescue, law enforcement, firefighting, or training for these operations, where leaving or boarding the helicopter in the hover is deemed safer than live-load winching due to unsafe landing conditions. The instrument allows passengers to be carried on the helicopter's undercarriage and exempts them from wearing seat belts or occupying seats when the helicopter is in the hover for boarding or disembarking purposes. The instrument applies to specific operators listed in Schedule 2, who must conduct these operations in accordance with CASA-approved instructions detailed in their operations manual. It revokes and replaces a previous instrument (CASA 686/08), adding Rotorwest Pty Ltd to the list of approved operators. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and comes into effect on the day after its registration, ceasing to have effect on 31 July 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) set forth various provisions that govern the safety and operational standards of aircraft in Australia. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, which is aimed at ensuring the safety of air navigation. Subregulation 250(1) of CAR 1988 mandates that operators and pilots must not permit anyone to be carried on the wings or undercarriage of an aircraft. However, subregulation 250(2) allows individuals to be carried in parts of an aircraft not designed for crew or passenger accommodation, provided the Civil Aviation Safety Authority (CASA) grants permission for specific types of flights, and subregulation 250(3) permits CASA to impose conditions when granting such permission. Additionally, subregulation 251(1) requires seat belts to be worn by all crew members and passengers, particularly when the aircraft is below 1,000 feet above the terrain, though subregulation 251(9) allows CASA to direct otherwise in certain circumstances. Subregulation 207(2) and (3) of CAR 1988 stipulate that Australian aircraft must be equipped with approved emergency equipment and used in accordance with CASA's directions, focusing solely on the safety of air navigation. The obligations imposed by the Civil Aviation Regulations 1988 on the operators and pilots of helicopters engaged in special operations are stringent. Operators and pilots must ensure that any special operations, such as search and rescue, law enforcement, or firefighting, adhere to the safety protocols set forth by CASA. This includes the requirement that operators obtain CASA's permission to carry passengers on the undercarriage of a helicopter in the hover, and that they follow the approved conditions outlined in their operations manual. Operators must also ensure that all equipment, including emergency equipment, is fitted and used in accordance with CASA's directions. Moreover, operators must ensure that all personnel involved in special operations are suitably trained and experienced to conduct these operations safely. Breaches of the Civil Aviation Regulations 1988 can result in severe penalties. While the specific penalties are not detailed in the provided text, violations of aviation safety regulations generally can lead to both civil and criminal consequences. Civil penalties may include fines, while criminal penalties can involve imprisonment. The severity of these penalties can vary depending on the nature and extent of the breach. Given that the instrument affects the operation of Civil Aviation Orders (CAO) and is considered a disallowable instrument under the Legislative Instruments Act 2003, it is subject to tabling and disallowance in the Parliament. This ensures that any changes to aviation safety regulations are subject to parliamentary scrutiny and oversight.