CASA 278/97 - Direction under regulation 209 applicable to conduct of parachute descents

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Legislation au F2005B01528 Not in force Legislative Instrument

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INSTRUMENT NUMBER:  278/97

 

 

CIVIL AVIATION ACT 1988

 

CIVIL AVIATION REGULATIONS

 

 

DIRECTION UNDER REGULATION 209 OF THE CIVIL AVIATION REGULATIONS

 

I, JOHN EDWIN INNES PIKE, Acting Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority, under regulation 209 of the Civil Aviation Regulations, issue the following direction.

 

 

 

[Signed John Pike]

 

 

JOHN PIKE

Acting Director of Aviation Safety

 

28 November 1997

 

 

__________________

 

 

DIRECTION UNDER REGULATION 209 APPLICABLE TO CONDUCT OF PARACHUTE DESCENTS

 

1.   Application

1.1   Aircraft engaged in private operations involving parachute descents are directed to comply with the conditions set out in the Schedule to this direction.

 

2.   Interpretation

2.1   In this direction:

“CTAF zone” means an area for which a common traffic advisory frequency has been specified under subregulation 99A (3) of the Civil Aviation Regulations (the Regulations);

“flight information area frequency” means a frequency that has been specified under subregulation 99A (3) of the Regulations for use in a flight information area;

“MBZ” means a zone for which a mandatory broadcast frequency has been specified under subregulation 99A (3) of the Regulations;

“private parachute aircraft” means an aircraft engaged in a private operation involving parachute descents;

“specified frequency” means a frequency specified under subregulation 99A (3) of the Regulations.

 

 

SCHEDULE

 

CONDITIONS APPLICABLE TO PARACHUTE DESCENTS

 

1.   Conduct of parachute descents

1.1   The pilot in command of a private parachute aircraft must take all reasonable measures to ensure that parachutists exit the aircraft if, and only if:

 (a) there is no risk of any part of the aircraft being fouled by parachutists or their equipment when they exit;  and

 (b) the operation does not impose adverse stress on any part of the aircraft structure;  and

 (c) parachutists are dropped so that they do not enter cloud during their descent;  and

 (d) loose objects that, if dropped, could create a hazard to persons or property on the ground or the water are not carried by parachutists when exiting the aircraft.

 

1.2   The pilot in command of a private parachute aircraft must take all reasonable measures to ensure that parachutists exit the aircraft so as to reach the intended target.

 

2.   Two minutes notice to be given of parachute descent

2.1   Not less than 2 minutes before parachutists exit a private parachute aircraft, the pilot in command of the aircraft must make a broadcast in accordance with paragraph 2.2 on all relevant frequencies for the airspace through which the parachutists may descend, including:

 (a) if the exit from the aircraft occurs in a flight information area and the parachutists descend into an area designated as a CTAF zone or MBZ, a broadcast on the flight information area frequency and the common traffic advisory frequency or mandatory broadcast zone frequency;  and

 (b) if the parachutists descend from controlled airspace into uncontrolled airspace, a broadcast on each specified frequency for the controlled and uncontrolled airspace.

 

2.2   A broadcast made under paragraph 2.1 must give notice that parachutists intend to exit the aircraft at the location specified in the broadcast.

 

2.3   The pilot in command must not allow parachutists to exit the aircraft unless he or she has made a broadcast in accordance with paragraphs 2.1 and 2.2.

 

3.   Conflicting traffic

3.1   The pilot in command of a private parachute aircraft must not allow parachutists to exit the aircraft if he or she is notified, or becomes aware, that there is conflicting traffic in the airspace in which the descents will be conducted.

 

4.   Additional requirements for parachuting operations in controlled airspace

4.1   The pilot in command of a private parachute aircraft must not allow parachutists to exit the aircraft in controlled airspace until he or she has received from Air Traffic Control               the clearance “[Aircraft call sign] clear to drop”.

 

4.2   A private parachute aircraft must not engage in an operation in which parachutists exit the aircraft in controlled airspace and leave that airspace during their descent, unless the aircraft is equipped with 2 VHF radio transceivers to communicate with Air Traffic Control and to monitor and advise air traffic outside the controlled airspace.

 

5.   Additional requirements for parachuting operations in MBZ

5.1   A private parachute aircraft must not engage in an operation involving parachute descents in an MBZ unless it is equipped with 2 VHF radio transceivers to monitor and advise air traffic within the MBZ and in the surrounding area.

 

5.2   In addition to the broadcast required under paragraph 2.1, the pilot in command of a private parachute aircraft engaged in an operation involving parachute descents in an MBZ must make a broadcast not less than 4 minutes before the descents occur to give notice that parachutists intend to exit the aircraft at the location specified in the broadcast.

 

5.3   A broadcast under paragraph 5.2 must be made on the frequencies used in the MBZ and the adjacent flight information areas.

 

5.4   The pilot in command of a private parachute aircraft in an MBZ must not allow parachutists to exit the aircraft within the 15 minutes before the estimated time of arrival at an aerodrome in the MBZ of a regular public transport aircraft (“RPT aircraft”) unless:

 (a) the 2 aircraft are in direct radio communication with each other;  and

 (b) all parachutists can exit the aircraft in the MBZ and land before the RPT aircraft arrives within the circling area of the aerodrome.

 

5.5   After an RPT aircraft arrives at an aerodrome in an MBZ, the pilot in command of a private parachute aircraft in the MBZ must not allow parachutists to exit the aircraft in the MBZ until the RPT aircraft has landed and taxied clear of the runway.

 

5.6   After an RPT aircraft has broadcast that it is taxiing for departure from an aerodrome in an MBZ, the pilot in command of a private parachute aircraft involved in conducting parachute descents at the aerodrome must not allow parachutists to exit the aircraft until the RPT aircraft is clear of the circling area of the aerodrome.

 

6.   Additional requirements for parachuting operations at licensed aerodromes

6.1   The pilot in command of a private parachute aircraft must not engage in an operation involving parachute descents at a licensed aerodrome unless:

 (a) the aerodrome operator has approved parachute descents at the aerodrome;  and

 (b) regular and local users of the aerodrome have been notified of the intended               descents;  and

 (c)  the target for parachutists is separated from the movement area by a distance equal to the applicable minimum drop zone radius for the parachutists using it;  and

 (d) the descents do not conflict with any aircraft that are:

 (i) on the live side of  any circuit known to be in use, or that could reasonably expected to be used, by known traffic in prevailing conditions;  or

 (ii) using any runway, taxiway or apron.

 

6.2   Paragraph 6.1 does not apply to an operation involving parachute descents at a licensed aerodrome to the extent that written specifications issued under regulation 152 of the Regulations require or allow the descents to be conducted differently.

 

6.3   The pilot in command of a private parachute aircraft must not allow parachutists to conduct descents at a licensed aerodrome if the pilot in command of another aircraft:

 (a) is carrying out an instrument approach procedure at the aerodrome;  or

 (b) is expected to commence an instrument approach procedure within 5 minutes.

Overview

The Civil Aviation Regulations 1997, under the Civil Aviation Act 1988, were enacted to address safety and operational standards within the aviation industry, including the oversight of private parachute operations. This legislative instrument, issued by the Acting Director of Aviation Safety on behalf of the Civil Aviation Safety Authority, provides specific direction under regulation 209 of the Civil Aviation Regulations regarding the conduct of parachute descents. The primary aim of this direction is to ensure the safety of both parachutists and other airspace users by imposing clear operational requirements on the conduct of parachute descents, particularly in controlled and uncontrolled airspaces. This includes provisions for broadcasting intentions, ensuring no conflict with other aircraft, and compliance with specific equipment requirements. The regulations outlined in the instrument mandate that pilots of private parachute aircraft must take all reasonable measures to ensure the safety of parachutists during descent, such as avoiding aircraft fouling, ensuring structural integrity is maintained, and preventing parachutists from entering clouds. Furthermore, it specifies the need for advance notification of parachute descents and the necessity of clearance from Air Traffic Control when operating in controlled airspace. The policy objective is to mitigate risks associated with parachute operations by enforcing stringent safety protocols and communication standards.

Scope and Application

The Direction issued under Regulation 209 of the Civil Aviation Regulations applies specifically to the conduct of parachute descents involving private parachute aircraft engaged in private operations. These operations are governed by a set of stringent conditions intended to ensure safety and coordination within the airspace. The regulations are applicable to pilots in command of private parachute aircraft, requiring them to adhere to specific protocols when conducting parachute descents, particularly in relation to the timing and location of such descents, and the notification of relevant authorities and other airspace users. Geographically, the regulations extend to all airspaces within Australia, including controlled airspace, flight information areas, and mandatory broadcast zones, as defined under the Civil Aviation Regulations. The regulations do not specify any exclusions or exemptions, meaning that all private parachute operations within Australian airspace are subject to these directives. The application of the regulations can be extended or refined through subordinate instruments, which may provide additional guidance or amendments to the conditions specified in the Direction.

Key Provisions

The key operative sections of this legislative instrument outline specific conditions for the conduct of parachute descents, particularly for private operations involving parachute descents. Under section 1, aircraft engaged in such private operations must comply with the conditions set out in the Schedule. The Schedule provides detailed requirements for the conduct of these descents, including safety measures to ensure the aircraft is not compromised, the timing and method of broadcasting the descent, and specific rules for operations in controlled airspace and mandatory broadcast zones. Section 2 provides definitions for terms used throughout the direction, such as "CTAF zone" and "private parachute aircraft". The obligations and requirements imposed by this Act on the parties involved are primarily safety-focused. The pilot in command of a private parachute aircraft must ensure that parachutists exit the aircraft only when it is safe to do so, without risk to the aircraft or the parachutists, and in accordance with specified procedures. This includes ensuring that parachutists do not enter cloud during their descent and that loose objects are not carried which could create hazards. The pilot must also give two minutes' notice of the descent via broadcast on relevant frequencies, and must not allow parachutists to exit if there is conflicting traffic. For operations in controlled airspace, the pilot must receive clearance from Air Traffic Control before allowing parachutists to exit. Additionally, operations in mandatory broadcast zones require specific precautions, including additional broadcasts and equipment requirements. Failure to comply with the provisions of this Act can result in civil or criminal consequences. The Act does not explicitly state penalties for breaches, but given its regulatory nature, breaches could potentially result in fines, sanctions, or other penalties as provided by the broader Civil Aviation Act 1988 or other relevant legislation. Given the safety-critical nature of parachute descents, non-compliance could also lead to prosecution under criminal law, especially if a breach results in injury or death. The maximum penalties would depend on the specific breach and the jurisdiction in which it occurs, but could potentially include substantial fines and imprisonment.

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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.