Explanatory Statement
Civil Aviation Regulations 1988
Direction under regulation 209 — conduct of parachute training operations
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.
Under subregulation 209 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the operator and the pilot in command of an aircraft engaged in a private operation must comply with the provisions of CAR 1988 and the Civil Aviation Safety Regulations 1998 (CASR 1998) and with such additional conditions as CASA from time to time directs in the interests of safety (a CAR 209 direction).
Background
The dropping of parachutists engaged in training operations is regarded by CASA as a private operation. These operations are regarded by CASA as being in a separate category from those operations involving parachuting as a sporting activity carried out by established clubs. The second category is carried out in accordance with authorisations and specifications, issued under regulation 152 of CAR 1988.
Since the first category of parachute operations was regarded as private, the aircraft involved were maintained to private operations status and only required to be inspected annually, with engines being operated on condition, meaning that they could be operated until a licensed aircraft maintenance engineer refused to sign off on the annual inspection for that aircraft with that engine in it. Additionally, pilots on those operations only required a private pilot licence.
In 2006, at Willowbank in Queensland, 5 occupants died when an aircraft engaged in a parachute training operation crashed on take-off. The subsequent Queensland coroner’s report was critical of CASA’s policy of classifying such operations as private operations.
Response to criticism
CASA considers that the most suitable response to that criticism is to require aircraft engaged in those operations to be maintained to charter aircraft standards. Other requirements have also been imposed. The conduct of those operations will be subject to supervision by the Australian Parachute Federation Inc. (APF), with CASA exercising overarching control.
For this reason, the existing direction that applied to those operations (CASA 405/09) has been revoked and the new direction has been issued. The application of charter operation standards means that the aircraft will need at all times to have a current maintenance release, which requires the aircraft to be run to the manufacturer’s specified time limits and to have 100 hourly inspections.
The other requirements imposed are additional training for pilots, who will have to hold a Jump Pilot’s rating issued by the APF. In addition, the aircraft will have to be operated in accordance with the APF Jump Pilot’s Handbook. Any change to that manual has to be approved by CASA.
The procedures to be followed in the course of an actual operation are set out in the direction. The direction also states that all parachute training operations have to be conducted under the supervision of a qualified Chief Instructor and in accordance with a training operations manual approved by the APF and accepted by CASA. It also includes the need for written agreements between the operators conducting parachute descents and the operators of certified or registered aerodromes in whose vicinity such descents are conducted. Such agreements have to be approved by the APF.
Legislative Instruments Act
The direction is considered to be a legislative instrument for section 5 of the Legislative Instruments Act 2003 (the LIA). It is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken with the APF as representing organisations and operators engaged in parachute training operations.
The primary aim of the instrument has been to significantly improve the safety of parachute training operations, taking into account the Coroner’s findings after the Willowbank accident.
Human Rights Compatibility Statement
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Making, registration and commencement
The instrument comes into effect on the day after registration.
The instrument has been made by the Associate Director of Aviation Safety as a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA 244/12]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were amended by the Direction under regulation 209—conduct of parachute training operations, issued by the Civil Aviation Safety Authority (CASA) in 2012. This amendment aimed to address the safety concerns highlighted by the tragic 2006 Willowbank accident, where five occupants died during a parachute training operation. The previous classification of such operations as private operations was deemed insufficient by the Queensland coroner's report. CASA responded by imposing charter aircraft standards for aircraft engaged in these operations, including more stringent maintenance requirements and additional training for pilots. The Australian Parachute Federation Inc. (APF) was tasked with supervising the operations, with CASA retaining overarching control. This legislative instrument, considered a legislative instrument under section 5 of the Legislative Instruments Act 2003, was subject to tabling and disallowance in Parliament. The primary objective of these amendments was to significantly improve the safety of parachute training operations in line with the coroner's recommendations.
Scope and Application
The Civil Aviation Regulations 1988, under subregulation 209(1), require operators and pilots in command of aircraft engaged in parachute training operations to comply with the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998, as well as any additional conditions directed by CASA for safety purposes. These operations, which involve the dropping of parachutists during training, are considered private operations and are distinct from parachuting as a sporting activity conducted by established clubs. This regulation applies to all entities and individuals involved in such operations across Australia, as CASA has overarching control and the Australian Parachute Federation Inc. (APF) provides supervision. The new direction, replacing CASA 405/09, mandates that aircraft be maintained to charter operation standards, requiring current maintenance releases, 100 hourly inspections, and adherence to the manufacturer’s specified time limits. Additionally, pilots must hold a Jump Pilot’s rating issued by the APF and operate in accordance with the APF Jump Pilot’s Handbook, with any changes needing CASA approval. Operations must be overseen by a qualified Chief Instructor and conducted in line with an approved training operations manual. The instrument, made under the Legislative Instruments Act 2003, has undergone consultation with the APF and aims to enhance the safety of parachute training operations, particularly in light of the Willowbank accident.
Key Provisions
Section 209(1) of the Civil Aviation Regulations 1988 mandates that operators and pilots of aircraft involved in parachute training operations must adhere to the provisions of the Civil Aviation Regulations 1988, the Civil Aviation Safety Regulations 1998, and any additional conditions directed by the Civil Aviation Safety Authority (CASA) for safety reasons. This regulation is designed to ensure that such operations are conducted in a manner that minimises risks to participants and the public. The aircraft involved must meet charter aircraft standards, requiring a current maintenance release and adherence to the manufacturer’s time limits and inspection schedules. Pilots must hold a Jump Pilot’s rating issued by the Australian Parachute Federation (APF) and operate in accordance with the APF Jump Pilot’s Handbook, which must be approved by CASA for any changes.
The obligations imposed by this legislation include stringent maintenance requirements, additional pilot training, and operational protocols that are overseen by the APF, with CASA maintaining ultimate control. Operators must conduct written agreements with aerodrome operators where parachute descents occur, ensuring that these agreements are approved by the APF. Furthermore, all parachute training operations must be supervised by a qualified Chief Instructor and follow a training operations manual that has been approved by the APF and accepted by CASA. These measures are intended to enhance the safety of parachute training operations, particularly in light of the tragic incident at Willowbank in 2006, where inadequate safety measures resulted in fatalities.
Failure to comply with the provisions of this regulation can result in various civil and criminal consequences. The Civil Aviation Safety Regulations 1998 outline penalties for non-compliance, which can include substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach but can be significant given the high-risk nature of parachute training operations. Non-compliance can also lead to the revocation of operational permits and licenses, thereby affecting the ability of operators to conduct their activities legally.
In addition to potential criminal penalties, operators and pilots may face civil liabilities for any harm caused by non-compliance. This could include compensation claims from injured parties or their families in the event of accidents or fatalities. The overarching aim of these stringent requirements and potential penalties is to ensure that parachute training operations are conducted with the utmost safety and professionalism, thereby protecting both participants and the public.