CASA 14/06 - Permission and direction – helicopter special operations

Overview

The Civil Aviation Regulations 1988, amended by the legislative instrument F2006L00334, were enacted to address specific operational needs in the context of helicopter special operations, particularly where landing is not feasible or safe. This instrument was introduced to provide flexibility in emergency operations such as search and rescue, law enforcement, and firefighting, where boarding or disembarking from a hovering helicopter is deemed safer than using live-load winching. The Civil Aviation Safety Authority (CASA), as the regulatory body, issued this instrument to allow passengers to be carried on the undercarriage of a helicopter engaged in such operations while hovering and to permit passengers to not wear a seat belt or occupy a seat at heights below 1,000 feet during these operations. The instrument is in line with the overarching objective of ensuring the safety of air navigation while accommodating unique operational requirements. This legislative instrument is subject to disallowance under the Legislative Instruments Act 2003, although no parliamentary disallowance process was undertaken due to the specific and limited nature of the exemption granted.

Scope and Application

The Civil Aviation Regulations 1988, specifically subregulations 250 and 251, govern the operations of aircraft in Australia, with a particular focus on safety in air navigation. These regulations, amended by F2006L00334, apply to operators of aircraft and pilots in command, stipulating conditions under which individuals may be carried on parts of the aircraft not designed for passenger accommodation and the mandatory use of seat belts. The regulations extend to all Australian aircraft and their operations, ensuring compliance with safety standards set by the Civil Aviation Safety Authority (CASA). However, the particular instrument under discussion, CASA 14/06, pertains to special operations such as search and rescue, law enforcement, and firefighting, where conditions under subregulations 250(2) and 250(3) are relaxed to allow for safer operational practices. This instrument, issued under the authority of the Civil Aviation Act 1988, permits certain exemptions from standard seating and seatbelt requirements during helicopter special operations, provided the operations are conducted according to specific instructions accepted by CASA and detailed in the operator's manual. The instrument is subject to disallowance under the Legislative Instruments Act 2003, although no consultation was deemed necessary due to the specific nature of the operation and precedents set with other operators.

Key Provisions

The key provisions of this legislation pertain to the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Order 20.16.3 (CAO 20.16.3). Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General has the authority to enact regulations for air navigation safety, which includes the regulation of special helicopter operations. Subregulation 250(1) of the CAR 1988 generally prohibits carrying persons on the wings or undercarriage of an aircraft, while subregulation 250(2) allows for exceptions with the Civil Aviation Safety Authority's (CASA) permission. This permission can be subject to conditions outlined in subregulation 250(3). Additionally, subregulation 251(1) mandates that all crew members and passengers wear seat belts in various flight conditions, but CASA can direct exemptions under subregulation 251(9). Furthermore, subregulation 207(2) and (3) require Australian aircraft to be equipped with CASA-approved equipment for specific operations, used as directed by CASA in subregulation 207(3). Paragraph 3.1 of CAO 20.16.3 stipulates that passengers must occupy approved seats at heights below 1,000 feet, while paragraph 4.1 mandates the wearing of seat belts at certain times. The obligations imposed by the Act and the regulations on the parties involved, particularly Helihire Pty Ltd trading as Helistar Aviation, include adhering to the conditions set forth in the operations manual approved by CASA. This manual must detail the procedures for conducting special helicopter operations safely, specifically allowing passengers to be carried on the undercarriage and to be exempt from wearing seat belts at heights below 1,000 feet when in the hover for boarding or leaving the helicopter. The operator must ensure that all personnel involved are suitably trained and experienced to conduct these operations safely. Moreover, the aircraft must be equipped with approved emergency equipment, and all operations must comply with CASA's directives regarding safety equipment and procedures. Failure to comply with the conditions set out in the regulations and the operations manual can result in civil and criminal consequences. The maximum penalties for breaches of the Civil Aviation Act 1988 can include fines and imprisonment, depending on the severity of the breach. For instance, operating an aircraft in a manner that endangers safety can lead to substantial fines and imprisonment for up to two years. Similarly, failure to adhere to CASA's directions and conditions can result in civil penalties, including fines. Given that this instrument affects the operation of CAO 20.16.3, non-compliance with the new provisions could also lead to enforcement actions by CASA, which may include suspension or revocation of operational permissions. The legislation underscores the importance of strict adherence to safety protocols to prevent accidents and ensure the safety of all personnel involved in these special operations.