CASA 388/12 - Permission - radiocommunication systems - Lloyd Helicopters Pty Ltd

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation, empowering the Governor-General to make regulations under the Civil Aviation Act 1988. These regulations address the gap in ensuring that aircraft are properly equipped with suitable flight instruments and radiocommunication systems, as mandated by the Civil Aviation Safety Authority (CASA). The regulations stipulate that aircraft cannot be flown under Visual Flight Rules (VFR) or Instrument Flight Rules (IFR) without the necessary equipment, but CASA can issue permissions under certain conditions. This framework was established to safeguard the integrity and safety of air navigation. In response to a specific request from Lloyd Helicopters Pty Ltd, an instrument was created under section 98 of the Civil Aviation Act 1988, allowing the operator to fly their Eurocopter AS332 helicopters without a high-frequency (HF) radiocommunication system, provided they meet alternative conditions such as having a satellite-based tracking system and two operable portable satellite phones. This permission is intended to maintain safety standards until the aircraft are modified to include the required HF radiocommunication system. The instrument, which is a legislative one under the Legislative Instruments Act 2003, came into effect on the date of registration and will cease to have effect by the end of February 2013. This measure ensures that the operator can continue operations safely while complying with aviation safety regulations.

Scope and Application

The Legislative Instrument F2012L02352 pertains to the Civil Aviation Regulations 1988, specifically addressing radiocommunication systems for aircraft operated by Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia). The instrument allows Eurocopter AS332 helicopters operated by Lloyd Helicopters to fly under Instrument Flight Rules (I.F.R.) and Visual Flight Rules (V.F.R.), despite not being equipped with a high frequency (HF) radiocommunication system. This permission is granted subject to specific conditions outlined in Schedule 1, which require the aircraft to have a satellite-based tracking system and two operable portable satellite phones, as these are deemed safe alternatives until the HF radiocommunication system is installed. This legislation applies to Lloyd Helicopters and its aircraft, specifically within the Commonwealth jurisdiction, and is an extension of the Civil Aviation Act 1988, empowering the Civil Aviation Safety Authority (CASA) to make such regulations in the interests of air navigation safety. The instrument is a legislative instrument as defined under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. The instrument came into effect on the day of registration and ceased to have effect on 23 February 2013. No consultation beyond the initial request by the operator has been undertaken, and the instrument has been issued under a delegation from CASA.

Key Provisions

The main operative sections of this instrument (F2012L02352) under the Civil Aviation Regulations 1988 allow for the Civil Aviation Safety Authority (CASA) to issue specific permissions for aircraft operated by Lloyd Helicopters Pty Ltd to fly under Visual Flight Rules (VFR) and Instrument Flight Rules (IFR) without the high frequency (HF) radiocommunication system, which is typically required under subregulations 174A(1A) and 177(1A) of the Civil Aviation Regulations 1988. This permission is granted on the condition that the aircraft are equipped with a satellite-based tracking system and two operable portable satellite phones, as outlined in Schedule 1 of the instrument. These conditions are intended to ensure safety until the operator completes the installation of the HF radiocommunication system in the aircraft (subregulations 174A(3) and 177(3)). The obligations and requirements imposed by this Act primarily focus on ensuring the safety of air navigation. Lloyd Helicopters Pty Ltd must comply with the conditions set out in Schedule 1, which mandate the installation and operation of a satellite-based tracking system and two portable satellite phones as a temporary alternative to the HF radiocommunication system. This requirement is intended to maintain the safety standards necessary for the operation of the aircraft under both VFR and IFR until the HF radiocommunication system is fully installed. CASA retains the right to impose additional conditions or modify the existing ones as necessary to ensure ongoing safety. The instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach of its conditions. However, any deviation from the stipulated conditions, or failure to comply with the aviation safety standards set by CASA, could potentially lead to enforcement actions under the Civil Aviation Act 1988. Such actions might include the suspension or revocation of the operator's permit to fly the aircraft, or other regulatory measures deemed necessary to ensure compliance with aviation safety requirements. CASA's regulatory framework provides for various enforcement actions, including fines and other penalties, for violations of aviation safety regulations.