CASA 387/09 – Permission and direction – helicopter special operations

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

Legislation au F2009L03330 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 1 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 Koolardie Aviation Pty Ltd, an operator who CASA considers is capable of conducting such operations safely.

Schedule 2 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.

Legislative Instruments Act

Under regulation 5A of CAR 1988, if CASA has issued a 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 the LIA.

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is similar to a number of instruments issued to various operators.

The instrument commences on the day after it is registered and stops having effect at the end of July 2011.

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

 

[Instrument number CASA 387/09]

Overview

The Civil Aviation Regulations 1988, amended by F2009L03330, was introduced to address the specific safety requirements for helicopter special operations such as search and rescue, law enforcement, and firefighting where landing is not possible or safe. This legislative instrument was enacted by the Australian Government to facilitate such operations by allowing passengers to be carried on the helicopter's undercarriage during the hover, and to exempt them from wearing seat belts at heights below 1,000 feet in the hover. This was enacted under the authority of the Civil Aviation Act 1988, empowering the Governor-General to make regulations for the safety of air navigation. The policy objective of this amendment is to enhance operational safety by allowing trained and experienced operators to conduct these special operations more effectively. The instrument is subject to the Legislative Instruments Act 2003, which governs the tabling and disallowance of legislative instruments in Parliament. The amendment came into effect after registration and ceased at the end of July 2011.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) as amended by this instrument apply to helicopter operators and pilots in command engaged in special operations, such as search and rescue, law enforcement, and firefighting, where leaving or boarding the helicopter in the hover is necessary due to the impossibility or unsafeness of landing. This regulation is specifically tailored for Koolardie Aviation Pty Ltd, an operator deemed by the Civil Aviation Safety Authority (CASA) to be capable of conducting such operations safely. The instrument allows passengers to be carried on the undercarriage and exempts them from wearing seat belts or occupying seats when the helicopter is in the hover, provided these activities are conducted under the conditions outlined in the operator’s operations manual, which must be approved by CASA. The exemption only applies when the helicopter is at a height less than 1,000 feet above the terrain. This legislative amendment is a disallowable instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. It affects the operation of paragraphs 3.1 and 4.1 of Civil Aviation Order 20.16.3, which mandates that passengers must occupy seats of an approved type in certain circumstances. This instrument will be in effect until the end of July 2011.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) concern the permissions and directions that can be granted by the Civil Aviation Safety Authority (CASA) regarding helicopter special operations. Specifically, subregulation 250(2) allows for exceptions to the general rule prohibiting carrying persons on the wings or undercarriage of an aircraft, provided that CASA grants permission for flights of a particular kind. Furthermore, subregulation 251(1) specifies that seat belts must be worn in various circumstances, but subregulation 251(9) permits CASA to direct that seat belts need not be worn when the aircraft is at a height less than 1,000 feet above the terrain. These provisions are crucial for enabling special operations where standard safety measures may be temporarily set aside in favour of operational necessities. The obligations imposed by the Act on the parties involved are stringent and revolve around safety and compliance with CASA directives. Operators and pilots must adhere to the conditions specified by CASA when granted permission for special operations, such as carrying passengers on the undercarriage or not wearing seat belts at low altitudes during hovers. Compliance with these conditions is essential to ensure that the operations are conducted safely. Additionally, under subregulation 207(2) and (3), operators must ensure that their aircraft are equipped with the necessary equipment approved or directed by CASA, including emergency equipment, and that this equipment is used in accordance with CASA’s directions. Failure to comply with the provisions of the Act can result in various consequences, including both civil and criminal penalties. While the explanatory statement does not detail specific offences or penalties, the Civil Aviation Act 1988 generally provides for penalties that can include fines and imprisonment for breaches of safety regulations. For instance, violations of seat belt requirements or carrying persons on the undercarriage without permission could be subject to significant penalties. The severity of these penalties underscores the importance of strict adherence to the regulations designed to protect the safety of air navigation.

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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.