CASA 379/08 - Permission and direction - helicopter special operations

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation, and have been amended over the years to address various operational needs. One such amendment, F2008L02512, was introduced to allow certain helicopter operations that involve carrying passengers on the undercarriage and exceptions to seat belt requirements under specific circumstances. This amendment was necessitated by the need for safer alternatives to live-load winching in emergency operations where landing is not feasible or safe. The instrument, issued by the Civil Aviation Safety Authority (CASA), permits passengers to be carried on the undercarriage of helicopters engaged in special operations such as search and rescue, law enforcement, and firefighting, provided the operations are conducted by suitably trained and experienced personnel. This legislative instrument revokes and replaces a previous one, CASA 190/08, by including two additional operators deemed capable by CASA of safely conducting these special operations. The amendment aligns with the overarching objective of enhancing safety in air navigation while facilitating necessary emergency procedures.

Scope and Application

The Civil Aviation Regulations 1988, as amended by this instrument, apply to the operators of Australian helicopters involved in special operations, specifically those that fall under the category of search and rescue operations, law enforcement operations, firefighting operations, or training for any of these operations. This regulation is particularly relevant for operations where landing is not possible or safe, and therefore, it is deemed safer to leave or board the helicopter in a hover or partial hover rather than using live-load winching. The instrument specifies that only operators approved by the Civil Aviation Safety Authority (CASA) and listed in Schedule 2 are allowed to conduct such operations. These operators must adhere to the instructions approved by CASA, as outlined in their operations manual, ensuring that all personnel involved are suitably trained and experienced. The geographic reach of this regulation is national, applying to all helicopter operations within Australia. The instrument, while providing specific exemptions for the named operators, does not broadly exclude any other entities or individuals from the general safety and operational requirements stipulated under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The instrument also specifies that it affects the operation of certain paragraphs of Civil Aviation Order 20.16.3, and as such, it is subject to the Legislative Instruments Act 2003, which mandates its tabling and disallowance in Parliament.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain several key provisions concerning the safety and operation of aircraft, including helicopters. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, and subregulation 250(1) of CAR 1988 prohibits the carrying of passengers on the wings or undercarriage of an aircraft. However, subregulation 250(2) allows for exceptions with the permission of the Civil Aviation Safety Authority (CASA). This permission can include carrying passengers on parts of the aircraft not designed for accommodation, subject to specified conditions as outlined in subregulation 250(3). Furthermore, subregulation 251(1) mandates that seat belts must be worn by all crew members and passengers, particularly when the aircraft is below 1,000 feet above the terrain, although CASA can direct that seat belts need not be worn under subregulation 251(9). Subregulation 207(2) stipulates that an Australian aircraft must be equipped with approved emergency equipment and used in accordance with CASA’s directions, which must prioritise the safety of air navigation as per subregulation 207(3). The obligations imposed by these regulations are significant for both operators and pilots. Operators must ensure that any special operations conducted by their helicopters comply with the conditions specified by CASA. This includes adhering to the instructions outlined in their operations manual, which must be approved by CASA, as mandated by Schedule 3 of the instrument. Pilots in command must not allow passengers to be carried on the undercarriage or wings of the aircraft unless explicitly permitted by CASA, and they must ensure that all passengers and crew wear seat belts when required, except as directed otherwise by CASA. Additionally, operators must ensure that their aircraft are equipped with the necessary emergency equipment as approved or directed by CASA, as per subregulation 207(2) and (3) of CAR 1988. Failure to comply with these provisions can result in serious consequences. Offences under these regulations may be subject to both civil and criminal penalties, depending on the severity of the breach. While specific maximum penalties are not outlined in the provided text, the general principle is that CASA has the authority to enforce compliance through various measures, including the revocation of permissions or operational approvals. The instrument, being a legislative instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament, indicating the importance of its regulatory impact. CASA’s authority to declare certain instruments disallowable under the LIA underscores the seriousness with which these regulations are regarded.