CASA 219/05 - Permission and direction - helicopter special operations

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2005L01484 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

CIVIL AVIATION REGULATIONS 1988

 

PERMISSION AND DIRECTION

 

HELICOPTER SPECIAL OPERATIONS

 

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.

 

Subregulation 250 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the operator of an aircraft and the pilot in command must not permit a person to be carried on the wings or undercarriage of the aircraft. Subregulation 250 (2) provides that a person may, with the permission of CASA given in respect of flights of a particular kind, be carried on or in a part of an aircraft that is not designed for the accommodation of the crew or passengers. Subregulation 250 (3) provides that CASA may, when granting a permission, specify conditions subject to which a person may be carried.

 

Subregulation 251 (1) of CAR 1988 provides that seat belts must be worn by all crew members and passengers in various circumstances, including, unless CASA otherwise directs for the purposes of subregulation 251 (9), when the aircraft is flying at less than 1 000 feet above the terrain.

 

Subregulation 207 (2) of CAR 1988 provides that an Australian aircraft must not be used in any class of operations unless it is fitted with or carries such equipment, including emergency equipment, as CASA approves or directs. Subregulation 207 (3) provides that the equipment must be fitted, carried or used in accordance with the directions (if any) of CASA. Subregulation 207 (4) provides that in giving a direction, CASA must have regard only to the safety of air navigation.

 

In accordance with subregulations 207 (2) and (3), paragraph 3.1 of section 20.16.3 of the Civil Aviation Orders (the Orders) provides, among other things, that each crew member and each passenger must occupy a seat of an approved type when the aircraft is flying at a height less than 1 000 feet above the terrain. Paragraph 4.1 provides that seat belts must also be worn at certain times.

 

This instrument allows passengers in a helicopter engaged in special operations and in the hover to be carried on the undercarriage for the purpose of leaving or boarding the helicopter. It also allows a passenger not to wear a seat belt, or occupy a seat, at a height less than 1 000 feet above the terrain, when the helicopter is in the hover for the purpose of permitting a passenger to leave or board the helicopter during the special operation.

 

A special operation is described in Schedule 1 as a search and rescue operation, law enforcement operation, fire fighting operation or training for one of those operations in which it is necessary to leave or board the helicopter when a landing is not possible or safe. There are some circumstances where, for suitably trained and experienced operators and personnel, emplaning and deplaning in the hover or partial hover is a safer option than live-load winching when a landing is not possible or safe. The instrument is, therefore, designed to facilitate such emergency operations (or training for them) by operators whom CASA considers are capable of conducting them safely.

 

Schedule 2 specifies the operators to whom the instrument applies. Schedule 3 contains a condition that the operations must be carried out in accordance with the instructions, approved by CASA, set out in the operator’s operations manual.

 

The instrument replaces a previous instrument (CASA 56/05) to modify the list of specified operators in Schedule 1 by adding Aerial Agriculture Pty Ltd (the operator). This follows CASA’s consideration of an application from the operator.

 

Legislative Instruments Act

Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues a direction, instruction, notification, permission, approval or authority that in any way affects the operation of the CAO, the later document is declared to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The instrument affects the operation of paragraphs 3.1 and 4.1 of section 20.16.3 of the Orders which requires that passengers must occupy seats of an approved type in certain circumstances. It is, therefore, a legislative instrument for the purposes of section 5 of the LIA. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument replaces a similar previous instrument to add a new operator, at the request of that operator. A similar instrument would be issued to any appropriate operator who could satisfy CASA that they could safely conduct special operations.

 

The instrument has been issued by a delegate of CASA. It takes effect at the start of the day after it is registered on the Federal Register of Legislative Instruments

 

[Instrument number CASA 219/05]

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, were introduced to ensure the safety of air navigation and to establish a regulatory framework for civil aviation in Australia. The specific instrument in question, issued under the authority of the Civil Aviation Act 1988, addresses a gap in the regulations concerning helicopter special operations. This instrument allows for exceptions to certain safety requirements during helicopter special operations, such as search and rescue, law enforcement, and firefighting, where landing is not possible or safe. By enabling trained operators to carry passengers on the helicopter's undercarriage and permitting passengers not to wear seat belts or occupy seats during hover operations, the regulation aims to facilitate safer boarding and deboarding procedures in critical situations. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation was not undertaken as it modifies an existing instrument to include a new operator at their request.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the instrument F2005L01484, apply to specific operators involved in helicopter special operations, such as search and rescue, law enforcement, firefighting, or training for these operations, where a landing is not possible or safe. This instrument allows these operators to carry passengers on the undercarriage of the helicopter while hovering, and permits passengers to not wear seat belts or occupy seats at heights below 1,000 feet above the terrain, specifically during the process of boarding or leaving the helicopter. The instrument applies to operators listed in Schedule 2, and the operations must be conducted in accordance with the instructions approved by CASA and set out in the operator’s operations manual. The instrument is subject to disallowance in Parliament under the Legislative Instruments Act 2003, and it affects the operation of certain sections of the Civil Aviation Orders, making it a legislative instrument under that Act. Although consultation under the Legislative Instruments Act was not undertaken, the instrument replaces a previous one to include an additional operator, Aerial Agriculture Pty Ltd, following CASA’s assessment of their capability to safely conduct such special operations. The instrument is effective from the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The key provisions of the Civil Aviation Regulations 1988, as amended by this instrument, allow for certain exceptions to the general rule that passengers must not be carried on the wings or undercarriage of an aircraft (section 250(1) CAR 1988). Specifically, for helicopters engaged in special operations, such as search and rescue, law enforcement, firefighting, or training for these operations, passengers may be carried on the undercarriage during the hover when landing is not possible or safe (section 250(2) and (3) CAR 1988). Similarly, passengers may not wear a seat belt or occupy a seat when the helicopter is at a height less than 1,000 feet above the terrain, if the helicopter is in the hover for the purpose of permitting a passenger to leave or board the helicopter during a special operation (section 20.16.3(3.1) and (4.1) of the Civil Aviation Orders). This is permissible only if the operator is suitably trained and experienced and the operations are carried out in accordance with instructions approved by CASA and set out in the operator's operations manual. The Civil Aviation (Helicopter Special Operations) Regulations 2005 impose specific obligations on the operators and personnel involved in these special operations. Operators must ensure that they are suitably trained and experienced to conduct these operations safely. They must also comply with CASA's instructions, which are set out in their operations manual. Personnel must follow the approved procedures for embarking and disembarking the helicopter during the hover. All operations must be conducted in a manner that ensures the safety of air navigation, in line with CASA's approval or direction (section 207(2) and (3) CAR 1988). Failure to comply with the Civil Aviation Regulations 1988, as amended, may result in civil or criminal penalties. Operators and personnel who do not adhere to the safety requirements specified in the regulations may face fines and other penalties. For instance, subregulation 251(1) of CAR 1988 mandates that seat belts must be worn by all crew members and passengers, with specific exceptions for helicopters engaged in special operations as permitted by this instrument. Non-compliance with this requirement could lead to enforcement action by CASA, potentially resulting in significant fines and other penalties. The exact penalties for breaches of the Civil Aviation Act 1988 and associated regulations can vary, but they can include substantial fines and, in serious cases, criminal charges.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.