CASA 239/08 - Authorisation, permission and direction - helicopter special operations

Overview

The Civil Aviation Regulations 1988, amended by F2008L01166, were enacted to address specific safety concerns related to helicopter special operations, particularly in scenarios where landing is not possible or safe. This amendment was introduced to facilitate emergency operations such as search and rescue, law enforcement, and firefighting. Authorised by section 98 of the Civil Aviation Act 1988, the regulation empowers the Governor-General to establish rules that enhance the safety of air navigation. The instrument specifically allows for the boarding and disembarking of passengers during hover operations, a practice deemed safer under certain conditions. It also permits deviations from standard safety protocols, such as not requiring passengers to wear seat belts at heights below 1,000 feet above the terrain, provided it is for the purpose of leaving or boarding the helicopter. The amendment is subject to the Legislative Instruments Act 2003, which mandates its disallowance process in Parliament. Although consultation was not undertaken under section 17 of the LIA, the regulation follows CASA's assessment of operator capabilities and safety interests.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the legislative instrument CASA 239/08, pertains to specific helicopter operations that are classified as special operations. These operations include search and rescue, law enforcement, firefighting, and related training activities where a landing is unsafe or not feasible. The regulations apply to the operators and personnel who are suitably trained and experienced to conduct such operations. Currently, the operators permitted to engage in these special operations are Skyplan Australia Pty Ltd, trading as Rotor-lift Aviation and Rotor-lift Helicopters, the State of Queensland through the Department of Emergency Services known as Emergency Management Queensland Helicopter Rescue, the State of Victoria through Victoria Police Air Wing, and Gold Coast Leisure Services Pty Ltd, trading as Gold Coast Helitours. The instrument allows passengers to be carried on the helicopter's undercarriage and to not wear a seat belt or occupy a seat at altitudes below 1,000 feet when the helicopter is hovering, specifically during these special operations. These operations must be conducted in accordance with instructions approved by the Civil Aviation Safety Authority (CASA) and detailed in each operator's operations manual. The instrument is subject to disallowance by the Parliament under the Legislative Instruments Act 2003 and comes into effect on registration, expiring on 30 April 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 contain various sections that pertain to the safety and operation of aircraft, particularly helicopters. Under section 98, the Governor-General is empowered to make regulations for the Act, focusing on the safety of air navigation. Subregulation 151(3) allows the Civil Aviation Safety Authority (CASA) to issue written authority for a person or object to be picked up by the pilot in command of an aircraft while it is in flight. Subregulation 250(1) stipulates that operators and pilots must not permit a person to be carried on the wings or undercarriage of an aircraft, while subregulation 250(2) permits such carrying with CASA’s permission for specific flights. Subregulation 250(3) allows CASA to specify conditions for carrying a person. Additionally, subregulation 251(1) mandates seat belts for crew members and passengers under various circumstances, with subregulation 251(9) allowing CASA to direct otherwise in specific instances. Furthermore, subregulation 207(2) requires Australian aircraft to be equipped with approved equipment for operations, and subregulation 207(3) mandates adherence to CASA’s directions regarding this equipment. The obligations imposed by the Act and the CAR 1988 include ensuring that aircraft operators and pilots do not permit unauthorised carrying of persons on aircraft structures. They must also comply with seat belt regulations and ensure that aircraft are equipped with approved emergency equipment as directed by CASA. Operators must follow the instructions set out in their operations manual, which must be approved by CASA, particularly for special operations involving law enforcement, firefighting, or related training. Special operations, such as search and rescue, must be conducted in accordance with CASA’s assessment and approval, ensuring that they are performed safely. For example, operators like Skyplan Australia Pty Ltd, the State of Queensland through Emergency Management Queensland Helicopter Rescue, and the State of Victoria through Victoria Police Air Wing have been granted permissions for such operations. Breaching the provisions of the CAR 1988 can result in various civil and criminal consequences. For instance, operating an aircraft without the required equipment or in a manner not approved by CASA can lead to fines and penalties. The severity of the penalty depends on the nature and extent of the breach. Civil Aviation Order 20.16.3 (CAO 20.16.3) mandates that passengers must occupy seats of an approved type in certain circumstances, and failure to comply can result in regulatory action. The Legislative Instruments Act 2003 (LIA) further stipulates that any instrument affecting the operation of a Civil Aviation Order, such as the one allowing special operations in the hover, is subject to disallowance by Parliament. This legislative oversight ensures that any changes to aviation regulations are scrutinised and approved by the legislative body.