CASA 25/08 - Permission and direction - helicopter special operations

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

Legislation au F2008L00044 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Permission and direction — helicopter special operations

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for 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 when the aircraft is flying at less than 1 000 feet above the terrain. However, under subregulation 251 (9), CASA may direct that a seat belt need not be worn in this particular circumstance.

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) of CAR 1988, paragraph 3.1 of Civil Aviation Order 20.16.3 (CAO 20.16.3) 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, firefighting 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 510/07) to modify the list of specified operators in Schedule 1 by including 2 additional operators: Helicopters (Australia) Pty Ltd and Heli Air Pty Ltd.

Legislative Instruments Act

Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (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 CAO 20.16.3 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 is a remake of a previous instrument by the addition of 2 new operators to the list of those covered by the instrument. A similar instrument would be issued to any appropriate operator who could satisfy CASA that they could safely conduct special operations subject to the same condition.

The instrument commences on the day after it is registered and stops having effect at the end of 31 January 2010.

The instrument has been issued by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.

 

[Instrument number CASA 25/08]

Overview

The Civil Aviation Regulations 1988, amended by the legislative instrument F2008L00044, address the specific operational needs of helicopters engaged in special operations such as search and rescue, law enforcement, and firefighting. Enacted by the Australian Government, the legislation seeks to enhance the safety and efficiency of these critical services by allowing trained personnel to board or disembark from helicopters in the hover when a safe landing is not feasible. The instrument amends the Civil Aviation Regulations to permit such operations under strict conditions, ensuring that they are conducted by operators approved by the Civil Aviation Safety Authority (CASA). This legislative change aims to provide flexibility in emergency situations, thereby improving response times and safety outcomes in complex scenarios. The regulations are subject to the oversight and disallowance provisions of the Legislative Instruments Act 2003, ensuring parliamentary scrutiny of the changes.

Scope and Application

The Civil Aviation Regulations 1988, amended by the instrument F2008L00044, pertain to the safety of air navigation and the specific operations of helicopters involved in special operations. This instrument applies to operators of helicopters engaged in activities such as search and rescue, law enforcement, firefighting, or training for these operations, where landing is not possible or safe. It specifically allows for passengers to be carried on the helicopter’s undercarriage and for passengers not to wear seat belts at heights below 1,000 feet above terrain during the hover, provided the operations are conducted by operators approved by the Civil Aviation Safety Authority (CASA). The instrument includes provisions in its schedules for specific operators and conditions under which these operations must be conducted, ensuring adherence to safety standards. The geographic reach of this legislation is national, applying across Australia. Notably, the instrument is subject to disallowance under the Legislative Instruments Act 2003 and includes a sunset clause, ceasing to have effect by the end of 31 January 2010.

Key Provisions

The key provisions of the Civil Aviation Regulations 1988 (CAR 1988) outlined in the Explanatory Statement concern the special operations of helicopters, particularly in the context of search and rescue, law enforcement, firefighting, and training for these operations. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and this regulation specifically pertains to helicopter operations where landing is not possible or safe. Subregulation 250(2) of the CAR 1988 allows the carriage of persons on, or in a part of, an aircraft not designed for crew or passenger accommodation, subject to the Civil Aviation Safety Authority (CASA) granting permission. Subregulation 207(2) and (3) further stipulate that Australian aircraft must be fitted with or carry equipment approved or directed by CASA, which must be used in accordance with CASA's directions, with safety being the paramount consideration. Operators and pilots of helicopters engaged in special operations must adhere to several obligations and requirements. They must not permit a person to be carried on the wings or undercarriage of the aircraft unless otherwise authorised by CASA (subregulation 250(1)). If permission is granted, operators must follow the conditions specified by CASA (subregulation 250(3)). Furthermore, while subregulation 251(1) mandates that seat belts be worn by crew members and passengers, CASA can direct that seat belts need not be worn in specific circumstances, such as when a helicopter is in the hover (subregulation 251(9)). Moreover, operators must ensure that their aircraft are equipped with approved emergency equipment as directed by CASA (subregulation 207(2) and (3)). Breaches of these provisions can lead to serious consequences. While the Explanatory Statement does not detail specific offences or penalties, the Civil Aviation Act 1988 and associated regulations generally provide for a range of penalties for non-compliance, which can include substantial fines and imprisonment. Additionally, CASA has the authority to suspend or revoke permits and approvals for non-compliance, which could significantly impact an operator's ability to conduct special operations. The legislative framework aims to ensure that only operators deemed capable of safely conducting such operations are permitted to do so under the specified conditions.

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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.