CASA 157/09 – Permission and direction – helicopter special operations

Overview

The Civil Aviation Regulations 1988, as amended by F2009L01244, address the need for flexibility in helicopter operations for special activities such as search and rescue, law enforcement, firefighting, and training. This amendment empowers the Civil Aviation Safety Authority (CASA) to grant permissions that allow passengers to be carried on the undercarriage of helicopters during hover operations when conventional landings are not feasible or safe. The problem it addresses is the necessity for emergency operations that require safe boarding and deboarding of personnel directly onto or from the helicopter in the hover. This regulatory change is intended to facilitate such operations by operators deemed capable by CASA of conducting them safely. The policy objective is to enhance safety in special aviation operations by providing necessary regulatory flexibility, while ensuring that all operations adhere to CASA's safety directives. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and is effective until the end of April 2011.

Scope and Application

The Civil Aviation Regulations 1988, specifically addressing helicopter special operations, apply to operators and pilots in command of helicopters involved in search and rescue operations, law enforcement, firefighting, or training for these activities where landing is not possible or safe. This legislation targets the safe conduct of emergency operations that necessitate boarding or disembarking from a helicopter while in the hover, and is applicable to entities and personnel involved in such operations. The scope of this legislation is national, operating within the framework of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, which are administered by the Civil Aviation Safety Authority (CASA). This regulatory framework ensures that the safety of air navigation is paramount, and sets out specific conditions under which passengers may be carried on parts of the helicopter not designed for accommodation and when seat belts may be dispensed with during hover operations. The regulations also specify that the operations must be conducted in accordance with instructions approved by CASA, and these instructions are detailed in the operator’s operations manual. This regulatory instrument is subject to the disallowance provisions of the Legislative Instruments Act 2003, given its impact on the Civil Aviation Order 20.16.3.

Key Provisions

The main operative sections of this legislation (F2009L01244) allow for specific permissions regarding helicopter special operations under the Civil Aviation Regulations 1988 (CAR 1988). Under subregulation 250 (1) of CAR 1988, operators and pilots are generally prohibited from allowing individuals to be carried on the wings or undercarriage of an aircraft. However, this legislation permits passengers in a helicopter engaged in special operations, as defined in Schedule 1, to be carried on the undercarriage when leaving or boarding the helicopter. Furthermore, it allows for passengers not to wear a seat belt or occupy a seat when the helicopter is in the hover at a height less than 1,000 feet above the terrain, provided that the operation is conducted for the purpose of permitting a passenger to leave or board the helicopter during a special operation (subregulation 250 (2) and (3)). This exception is intended to accommodate scenarios where hovering is a safer alternative to live-load winching when a landing is not possible or safe. The obligations and requirements imposed by this legislation include the necessity for operators to have specific permissions granted by the Civil Aviation Safety Authority (CASA) to conduct such operations. The legislation stipulates that these permissions are only granted to suitably trained and experienced operators and personnel who can demonstrate the capability to conduct these operations safely. The operations must adhere to the instructions approved by CASA and outlined in the operator’s operations manual, as specified in Schedule 3 of the legislation. Additionally, the legislation mandates that all Australian aircraft used in these operations must be equipped with or carry equipment approved by CASA, in accordance with subregulations 207 (2) and (3) of CAR 1988. There are potential consequences for breaches of this legislation. While the specific penalties are not detailed in the explanatory statement, breaches of CAR 1988 generally may result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may include imprisonment, depending on the severity and nature of the breach. It is important for operators and personnel to comply with the conditions and requirements outlined in this legislation to avoid any adverse legal consequences. The legislation also affects the operation of paragraphs 3.1 and 4.1 of Civil Aviation Order 20.16.3 (CAO 20.16.3), which mandates that passengers must occupy seats of an approved type in certain circumstances, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA).