CASA 305/10 – Permission and direction – helicopter special operations

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and provide a regulatory framework for civil aviation activities in Australia. One specific issue these regulations address is the safety and operational requirements for helicopters conducting special operations such as search and rescue, law enforcement, and firefighting. To facilitate such operations, the Civil Aviation Safety Authority (CASA) was granted the authority to issue regulations under Section 98 of the Civil Aviation Act 1988. The policy objective behind these regulations is to enhance safety and efficiency in helicopter operations, particularly in scenarios where landing is not feasible or safe. The Civil Aviation Regulations 1988 include provisions that allow for specific permissions and directions to be given by CASA, ensuring that operations adhere to stringent safety standards while accommodating the unique challenges of helicopter-based special operations.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) are instrumental in governing various aspects of civil aviation in Australia, and the F2010L02345 instrument extends to permit specific helicopter special operations conducted by Helistar Aviation Pty Ltd. This legislation applies to the operators and pilots of helicopters engaged in special operations such as search and rescue, law enforcement, firefighting, or training for these operations. The regulations allow these helicopters to carry passengers on the undercarriage during the hover when a landing is not possible or safe, a practice that is deemed safer than live-load winching in certain circumstances. Moreover, the instrument permits passengers to not wear a seat belt or occupy a seat when the helicopter is in the hover at a height less than 1,000 feet above the terrain, again for the purpose of leaving or boarding the helicopter during a special operation. These operations are subject to strict adherence to instructions approved by the Civil Aviation Safety Authority (CASA) and outlined in the operator’s operations manual. The instrument is in effect from 1 September 2010 to 31 August 2012 and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Regulations 1988, specifically subregulation 151(1), prohibits the pilot in command from allowing persons or objects to be picked up by the aircraft, but CASA may provide prior written authority for such actions under subregulation 151(3). Additionally, subregulation 250(1) states that an aircraft operator and the pilot in command must not permit a person to be carried on the wings or undercarriage of an aircraft, though CASA can grant permission for this under subregulation 250(2), subject to certain conditions specified in subregulation 250(3). Furthermore, subregulation 251(1) mandates 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, although CASA may exempt this requirement under subregulation 251(9). Lastly, subregulation 207(2) mandates that an Australian aircraft must be fitted with or carry equipment approved or directed by CASA, used in accordance with CASA’s directions, with the sole consideration being the safety of air navigation as per subregulation 207(4). The obligations imposed by the Civil Aviation Regulations 1988 on the parties governed by it include obtaining prior written authority from CASA for picking up persons or objects by an aircraft and for carrying persons on the wings or undercarriage. The operator of an aircraft and the pilot in command must ensure that passengers occupy seats of an approved type and wear seat belts, unless otherwise directed by CASA. Moreover, they must ensure that the aircraft is fitted with or carries equipment approved or directed by CASA. These obligations are detailed in subregulations 151(1) and (3), 250(1) and (2), 251(1) and (9), and 207(2) and (3) of the Civil Aviation Regulations 1988. Breach of the provisions in the Civil Aviation Regulations 1988 may result in civil or criminal penalties. For instance, under subregulation 151(1), the pilot in command's failure to adhere to the prohibition of picking up persons or objects by the aircraft without CASA's authority could result in penalties as per the Civil Aviation Act 1988. Similarly, failure to comply with the requirements for carrying persons on the wings or undercarriage of an aircraft or not wearing seat belts when mandated could also lead to penalties. The specific penalties are not detailed in the Civil Aviation Regulations 1988 but are governed by the Civil Aviation Act 1988, which includes provisions for fines and imprisonment.