CASA 31/12 - Permission and direction - helicopter charter operations

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation in Australia, empowering the Governor-General to make regulations under section 98 of the Civil Aviation Act 1988. The regulation specifically addresses helicopter charter operations, allowing passengers to be carried on the undercarriage and permitting pilots to operate without seat belts under certain conditions, provided that safety is not compromised. This is achieved by allowing the Civil Aviation Safety Authority (CASA) to grant permissions and specify conditions for such operations, which are designed to be safer under specific circumstances for experienced operators and personnel. This legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, reflecting its significance in aviation safety regulations. The regulation is compatible with human rights as it does not raise any issues under the Human Rights (Parliamentary Scrutiny) Act 2011, and it was issued by a delegate of CASA, commencing on the day of registration and expiring at the end of 31 October 2014.

Scope and Application

The Civil Aviation Regulations 1988, as amended, provide comprehensive rules governing the safety and operational standards of aviation activities within Australia. The regulations are underpinned by the Civil Aviation Act 1988, which empowers the Governor-General to enact these rules in the interest of air navigation safety. These regulations apply to all aircraft operators, pilots, and relevant personnel within Australia, including those engaged in helicopter charter operations. The regulations mandate strict adherence to safety protocols, such as prohibiting passengers from being carried on the wings or undercarriage of an aircraft unless specific permissions are granted by the Civil Aviation Safety Authority (CASA). CASA can issue permissions under certain conditions to allow passengers to be carried on the undercarriage or to not wear seat belts at heights below 1,000 feet during the hover, provided the operators and personnel are suitably trained and experienced. The regulations also require aircraft to be equipped with approved emergency equipment and for passengers and crew to wear seat belts in various circumstances. Any subsequent directions, permissions, or approvals issued by CASA that affect these regulations are subject to disallowance by Parliament under the Legislative Instruments Act 2003. This particular instrument, which allows certain deviations from standard seating and seatbelt requirements during helicopter operations, commenced on the date of registration and will remain in effect until the end of October 2014.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have specific provisions regarding the operation of helicopters in charter services. According to subregulation 250(1) of CAR 1988, it is not permissible for an operator or pilot in command to allow a person to be carried on the wings or undercarriage of an aircraft. However, subregulation 250(2) allows for exceptions where the Civil Aviation Safety Authority (CASA) grants permission for a person to be carried on parts of an aircraft not intended for crew or passenger accommodation. This permission can come with specific conditions, as outlined in subregulation 250(3). Moreover, subregulation 251(1) of CAR 1988 mandates that all crew members and passengers must wear seat belts under various circumstances, including when the aircraft is flying below 1,000 feet above the terrain. Nevertheless, subregulation 251(9) allows CASA to direct that seat belts need not be worn in particular circumstances. This regulatory framework ensures the safety of air navigation as per the Civil Aviation Act 1988. Operators and pilots engaged in helicopter charter operations are required to adhere to the provisions set forth in the CAR 1988. These include, but are not limited to, not allowing passengers to be carried on the wings or undercarriage unless CASA has given explicit permission and under specific conditions. Operators must also ensure that all crew members and passengers wear seat belts during flight, except when CASA has directed otherwise. Furthermore, operators must ensure that their aircraft are equipped with CASA-approved equipment and that such equipment is used as per CASA’s directions. These obligations are critical for maintaining the safety and compliance of helicopter charter operations. Breaches of the Civil Aviation Regulations 1988 can lead to various civil and criminal consequences. For instance, operating a helicopter in a manner contrary to the provisions of subregulation 250(1) without CASA’s permission can result in penalties as stipulated in the Civil Aviation Act 1988. The specific penalties may include fines or imprisonment, depending on the severity of the breach. Similarly, failing to adhere to the seat belt requirements outlined in subregulation 251(1) can also attract penalties. The maximum penalties for such breaches are not explicitly stated in the document but are typically outlined in the relevant sections of the Civil Aviation Act 1988 and other applicable legislation. The instrument, being a legislative instrument under the Legislative Instruments Act 2003, is subject to disallowance in Parliament. This means that if CASA issues a direction, instruction, notification, permission, approval, or authority that affects the operation of the Civil Aviation Order (CAO) 20.16.3, it must be tabled and can be disallowed by Parliament. This process ensures that legislative changes are subject to parliamentary scrutiny and oversight, thereby maintaining checks and balances within the regulatory framework.