CASA 11/17 — Conduct of Parachute Training Operations (Australian Skydiving Association) Direction

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA 11/17 — Conduct of Parachute Training Operations (Australian Skydiving Association) Direction

Purpose

The purpose of this instrument is to promote the safety of parachute training operations conducted by organisations that are members of the Australian Skydiving Association Inc. (the ASA). To achieve this purpose, the instrument issues directions under regulation 11.245 of the Civil Aviation Safety Regulations 1998 (CASR) to persons involved in these operations. The directions include requirements for the conduct of parachute training operations, the maintenance of aircraft used for parachute training operations, the qualifications of pilots of these aircraft, parachute descent procedures, radio procedures and radio equipment.

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor‑General to make regulations for the Act and the safety of air navigation. Relevantly, the Governor‑General has made CASR. Under paragraph 11.245 (1) (a) of CASR, for subsection 98 (5A) of the Act, the Civil Aviation Safety Authority (CASA) may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft. Under subregulation 11.245 (2), CASA may issue such a direction only if CASA is satisfied that it is necessary in the interests of safety, only if the direction is not inconsistent with the Act, and only for the purposes of CASA’s functions.

If a direction under regulation 11.245 specifies a day on which it ceases to be in force, under regulation 11.250 of CASR, the direction ceases to be in force on that day.

Under regulation 11.255 of CASR, it is an offence of strict liability for a person to contravene a direction under regulation 11.245 that is applicable to the person.

Background

The instrument remakes directions that had previously been in force in Direction — conduct of parachute training operations, identified on the Federal Register of Legislation as F2017L00093, with instrument number CASA 11/17, and which expired on 31 January 2020.

The directions are substantially the same as in the expired instrument. The following changes have been made:

1)     an amendment relating to the Jump Pilot Manual used by members of the ASA.

Previously, the ASA used a Jump Pilot Manual developed by ASA, and approved by CASA. The ASA has now adopted the Jump Pilot Manual developed by the Australian Parachuting Federation Ltd (the APF) for its own uses. Subsection 5 (1) now makes it a requirement that a jump aircraft when dropping parachutists must comply with Part 4 (Aircraft Procedures), Part 5 (Parachute Operations) and Part 9 (Emergency Procedures) of the Jump Pilot Manual.

CASA has considered the standardisation of the Jump Pilot Authorisation (JPA) requirements across the parachuting industry and has approved the utilisation of the APF Jump Pilot Manual for use by the ASA as reference material in delivering consistent outcomes regarding competency standards.

The Operational Regulations issued by the ASA contain the acceptance of the pilot competency standards by the holder of an APF JPA to permit the issuance of an ASA JPA.

2)     the deletion of section 13 in the expired instrument, that imposed requirements relating to supplemental oxygen equipment and supply.

These requirements have been superseded by requirements prescribed in the Part 91 Manual of Standards, that would apply to aircraft used for parachuting (excluding Part 103 aircraft, which will be subject to identical oxygen requirements prescribed under that Part). A note below section 8 refers the reader to the new requirements, that take effect on 2 December 2021.

Parachute training operations are defined in the instrument as an aircraft operation involving a descent by a student parachutist or novice parachutist, including any aircraft operation involving a tandem descent by parachutists from an aircraft.

In the current regulatory scheme, parachute descents in Australia may be conducted if CASA, under regulation 152 of CAR, has authorised the descents and they are conducted in accordance with CASA’s written specifications. As at commencement of this instrument, CASA has issued instruments of authorisation under regulation 152 to allow 2 established organisations to approve descents in accordance with CASA’s written specifications. The 2 organisations are the ASA and the APF.

Schedule 2 to the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019, which inserts Part 105, dealing with parachuting from aircraft, into CASR, is due to commence on 2 December 2021. Regulation 202.502, inserted into CASR by item 8 of the Schedule, provides transitional arrangements for parachute descents that are currently oversighted by parachuting sport aviation bodies, and authorised under the existing scheme that regulates parachuting activities. To the extent that it would be applicable, the re‑making of directions applying to parachute training descents oversighted by the ASA enables the ASA to continue its operations under the transitional arrangements, for the purposes of the instrument’s incorporation by paragraph 202.502 (1) (b) until the date on which regulation 202.502 will self‑repeal. This date is tied to the end of the transitional period for Part 149 (Approved Self‑administering Aviation Organisations (ASAOs)) of CASR.

Paragraph 202.502 (1) (b) incorporates instrument CASA 11/17 as it is in force from time to time. Although instrument CASA 11/17 as it was in force at the time that regulation 202.502 was made, was repealed at the end of 30 January 2020, the remade instrument is incorporated under paragraph 202.502 (1) (b). The incorporation of the remade CASA 11/17 is in accordance with paragraph 10 (b) of the Acts Interpretation Act 1901 (applied to legislative instruments by paragraph 13 (1) (a) of the Legislation Act 2003 (the LA)) and subsection 98 (5D) of the Act.

Instrument CASR 84/18 imposes a similar set of directions on training operations by organisations that are members of the APF.

The maintenance obligations and some other requirements of the previous directions instrument for parachute training descents oversighted by ASA were originally imposed by CASA in response to a parachuting incident in Willowbank, Queensland in 2006. In that accident, 5 occupants of an aircraft engaged in a parachute training operation died when the aircraft crashed on take‑off. The subsequent Queensland coroner’s report was critical of CASA’s policy at that time of requiring these kinds of aircraft to meet only private maintenance standards because the operations they engaged in are classified as private operations. Since 2009, aircraft used for parachute descents have been subject to additional operational and maintenance requirements.

Overview of instrument

This instrument reissues directions, under regulation 11.245 of CASR, to persons involved in parachute training operations conducted by organisations that are members of the ASA. Directions apply to the following persons, as appropriate for the obligation imposed in each direction: the operators of aircraft engaged in the dropping of parachutists in parachute training operations (jump aircraft), pilots of jump aircraft (the jump pilot), persons in charge of a parachuting operation, parachute training organisations or the ASA, parachutists and crew members.

All the directions in the instrument are imposed in the interests of the safety of air navigation. The direction regarding aircraft maintenance in section 5 requires jump aircraft engines to be maintained to charter aircraft standards rather than private aircraft standards. Another direction provides that parachute training operations must be conducted in accordance with the ASA Operational Regulations. The version of the ASA Operational Regulations incorporated into the instrument has been approved in writing by CASA.

The remaining directions impose qualification, operational and equipment requirements. Jump pilots must hold an ASA JPA and operate jump aircraft in accordance with the APF Jump Pilot Manual, which is also used by the ASA. The version of the manual as incorporated into this instrument has been approved in writing by CASA as a manual that forms part of the APF’s exposition under Part 149 of CASR. CASA has approved the use of the APF Jump Pilot Manual for members of the ASA who conduct parachuting training operations. Also, a jump aircraft must be equipped with specified radio equipment, and jump pilots must advise air traffic in the vicinity of the proposed parachute drop of the imminent dropping of parachutists.

CASA has assessed the impact the instrument will have on aviation safety and is satisfied that it will promote the safety of the operation of jump aircraft and parachutists.

The instrument commences the day after it is registered and is repealed at the end of 1 December 2023. This is the date that CASA presently envisions that the transitional period for sport aviation bodies to become ASAOs under Part 149 will end. Outside the transitional arrangements provided for by regulation 202.502, the rules and standards for parachuting activities are provided under Part 105 of CASR and the Manual of Standards that will be issued for the purposes of that Part. The Part 105 Manual of Standards is currently under development and expected to be finalised during 2022.

Documents incorporated by reference

Under subsection 14 (1) of the LA, unless the contrary intention appears, a legislative instrument may incorporate any matter contained in a legislative instrument, as in force from time to time.

CASA Airworthiness Directive 1/2009 Piston Engine Continuing Airworthiness Requirements and CASA Airworthiness Directive 10/2004 Turbine Engine Continuing Airworthiness Requirements, referenced in the instrument, are both legislative instruments.

Under subsection 14 (2) of the LA, unless the contrary intention appears, a legislative instrument may not incorporate any matter contained in an instrument or other writing as existing from time to time. Paragraph 98 (5D) (a) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.

In accordance with paragraph 15J (2) (c) of the LA, the following table contains a description of each document incorporated by reference into the legislative instrument and how it may be obtained. The description of the instrument also states how the document is incorporated.

Content of instrument

Section 1A sets out the name of the instrument.

Section 1 sets out the duration of the instrument. The instrument commences on the day after registration and is to be repealed at the end of 1 December 2023.

Section 2 provides some definitions for the instrument. Aside from parachute training operation, a key term is jump aircraft, which means an aircraft engaged in the dropping of parachutists in parachute training operations. Subsection (2) provides that the terms novice parachutist and student parachutist have the meaning given in the ASA Operational Regulations.

Section 3 provides for the application of the instrument to aircraft engaged in parachuting training operations by member organisations.

Section 4 provides that aircraft engaged in parachuting training operations must comply with the requirements mentioned in section 5 to 12 in the instrument.

Section 5 provides for general requirements. These include the requirement for a jump aircraft to be operated in accordance with the Jump Pilot Handbook when dropping parachutists; the requirement for a jump pilot to hold an ASA JPA, and requirements about the maintenance of jump aircraft. A jump aircraft must have a current maintenance release. Subsection (4) sets out a direction that requires a jump aircraft, if it is not a Class A aircraft, to be maintained in accordance with an approved system of maintenance or at specified intervals. Approved system of maintenance is defined in regulation 2 of CAR. If the aircraft is not maintained in accordance with an approved system of maintenance, it must undergo a maintenance release inspection immediately after the earlier of the following: the completion of 100 flight hours after the most recent maintenance release inspection, or 12 months after the most recent maintenance release inspection.

Section 6 requires parachute training operations to be carried out under the supervision of a Chief Instructor, and to be conducted in accordance with the ASA Operational Regulations. The version of the ASA Operational Regulations that is incorporated has been approved by CASA. This ensures that CASA retains oversight of the regulatory requirements for parachute training operations administered by the ASA.

Section 7 sets out a direction that the jump pilot must ensure that parachutists exit the aircraft only if there is no risk of any part of the aircraft being fouled by parachutists or their equipment at exit, that the operation does not impose adverse stress on the jump aircraft structure, and that loose objects are not carried by parachutists if they could create a hazard. Subsection (2) sets out a direction that the person in charge of a parachute operation, the jump pilot and the parachutist must ensure that a parachute descent is made only if the target is clearly visible and the parachutist does not enter cloud.

Section 8 sets out a direction that a jump aircraft must be equipped with 2 VHF radio transceivers unless it is operating in Class G airspace when it may be equipped with only 1 VHF radio transceiver.

Section 9 sets out a direction that provides the radio broadcast procedures to be followed by the jump pilot of a jump aircraft to notify other aircraft of the intention to drop parachutists. The direction sets out the radio frequencies to be used and the information to be notified.

Section 10 sets out directions in relation to parachuting in controlled airspace. The jump pilot must not allow a parachutist to exit a jump aircraft in controlled airspace unless the jump pilot has received clearance from an ATS provider. Other directions assign responsibility to the jump pilot in relation to not entering restricted areas, and ensuring certain distances from the drop zone are maintained.

Section 11 sets out a direction for jump pilots regarding the broadcast the jump pilot must make before dropping parachutists at, or in the vicinity of, an aerodrome requiring radio carriage. These aerodromes are the kinds of non-controlled aerodromes mentioned in paragraph 166E (1) (a) of CAR and include certified and military aerodromes. Section 11 also sets out direction for when a jump pilot may allow a parachutist to exit a jump aircraft at, or in the vicinity of, these kinds of aerodromes.

Section 12 sets out a direction that the jump pilot must ensure that parachutists only exit a jump aircraft at a certified aerodrome if the operation is carried out in accordance with an ASA‑approved written agreement between a training organisation and the aerodrome operator. The agreement must be approved by the ASA as being in accordance with the ASA Operational Regulations and the ASA Training Operations Manual.

Legislation Act 2003

CASA has obligations under the LA in respect of legislative instruments. Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. This instrument issues directions under regulation 11.245 of CASR, for operators of jump aircraft, jump pilots, training organisations, parachutists and flight crew members. Directions issued by CASA under regulation 11.245 of CASR are for subsection 98 (5A) of the Act. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

Consultation

The ASA did not raise any concerns regarding the previous instrument. It was also provided with a copy of a draft of this instrument before it was made and raised no concerns with the instrument. As the direction does not impact any other operations, no further consultation was considered necessary.

CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

Sector risk, economic and cost impact

Subsection 9A (3) of the Act states that subject to regarding the safety of air navigation as the most important consideration, in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

As the instrument replaces an expired instrument with the same provisions and conditions, there will be no change of economic or cost impact on individuals, businesses or the community.

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the direction is covered by a standing agreement between CASA and OBPR under which a RIS is not required for such a direction (OBPR id: 14507).

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR.

The instrument commences the day after its registration on the Federal Register of Legislation and is repealed at the end of 1 December 2023.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA 11/17 — Conduct of Parachute Training Operations (Australian Skydiving Association) Direction

This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

This legislative instrument promotes the safety of aircraft used for parachute training operations and parachutists by issuing directions under regulation 11.245 of the Civil Aviation Safety Regulations 1998 to persons involved in parachute training operations conducted by organisations that are members of the Australian Skydiving Association Inc. (ASA).

The directions in the instrument include requirements for the maintenance of aircraft used for these parachute training operations, qualifications of pilots, radio equipment and radio procedures, and parachute descent requirements. The instrument also includes a direction that training organisations must conduct parachute training operations in accordance with specified ASA Operational Regulations, which have been approved by CASA.

Human rights implications

The legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority