Explanatory Statement
Civil Aviation Regulations 1988
Direction under regulation 209 — conduct of parachute training operations
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 209 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the operator and the pilot in command of an aircraft engaged in a private operation must comply with the provisions of CAR 1988 and with such additional conditions as CASA from time to time directs in the interests of safety (a CAR 209 direction).
Background
The dropping of parachutists engaged in training operations is regarded by CASA as a private operation. These operations are regarded by CASA as being in a separate category from those operations involving parachuting as a sporting activity carried out by established clubs. The second category is carried out in accordance with authorisations and specifications, issued under regulation 152 of CAR 1988.
Since the first category of parachute operations was regarded as private, the aircraft involved were maintained to private operations status and only required to be inspected annually, with engines being operated on condition, meaning that they could be operated until a licensed aircraft maintenance engineer refused to sign off on the annual inspection for that aircraft with that engine in it. Additionally, pilots on those operations only required a private pilot licence.
In 2006, at Willowbank in Queensland, 5 occupants died when an aircraft engaged in a parachute training operation crashed on take-off. The subsequent Queensland coroner’s report was critical of CASA’s policy of classifying such operations as private operations.
Response to criticism
CASA considers that the most suitable response to that criticism is to require aircraft engaged in those operations to be maintained to charter aircraft standards. Other requirements have also been imposed. The conduct of those operations will be subject to supervision by the Australian Parachuting Federation Inc. (APF), with CASA exercising overarching control.
For this reason, the existing direction that applied to those operations (CASA 278/97) has been revoked and the new direction has been issued. The application of charter operation standards means that the aircraft will need at all times to have a current maintenance release, which requires the aircraft to be run to the manufacturers’ specified time limits and to have 100 hourly inspections.
The other requirements imposed are additional training for pilots, who will have to hold a Jump Pilot’s rating issued by the APF. In addition, the aircraft will have to be operated in accordance with the APF Jump Pilot’s Handbook. Any change to that manual has to be approved by CASA.
The procedures to be followed in the course of an actual operation are set out in the direction. The direction also states that all parachute training operations have to be conducted under the supervision of a qualified Chief Instructor and in accordance with a training operations manual approved by the APF and accepted by CASA. It also includes the need for written agreements between the operators conducting parachute descents and the operators of certified or registered aerodromes in whose vicinity such descents are conducted. Such agreements have to be approved by the APF.
Legislative Instruments Act
The direction is considered to be a legislative instrument for section 5 of the Legislative Instruments Act 2003 (the LIA). It is, therefore, 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 been undertaken with the APF as representing organisations and operators engaged in parachute training operations.
The primary aim of the instrument has been to significantly improve the safety of parachute training operations, taking into account the Coroner’s findings after the Willowbank accident.
Making, registration and commencement
The instrument comes into effect on 1 November 2009, with a delayed commencement date for those provisions that require a pilot to hold a Jump Pilot’s rating and a jump aircraft to be maintained as a Class B aircraft.
The instrument has been made by the Director of Aviation Safety on behalf of CASA.
[Instrument number CASA 405/09]