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For this reason, the existing direction that applied to those operations (CASA 278/97) has been revoked and the new direction has been issued.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]
Overview
The Civil Aviation Regulations 1988 were amended through a legislative instrument (F2009L03395) issued under section 98 of the Civil Aviation Act 1988 to address safety concerns identified by the Civil Aviation Safety Authority (CASA) in parachute training operations. The legislation was enacted to respond to the critical findings of the Queensland coroner's report following a fatal accident in 2006 at Willowbank, Queensland. The key policy objective was to enhance the safety of parachute training operations by imposing stricter maintenance standards and additional training requirements for pilots. The new direction under regulation 209 mandates that parachute training operations must adhere to charter operation standards, including more stringent aircraft maintenance and 100-hourly inspections. Pilots must now hold a Jump Pilot’s rating issued by the Australian Parachuting Federation Inc., and operations must be supervised by a qualified Chief Instructor following an approved training operations manual. This legislative instrument was made by the Director of Aviation Safety on behalf of CASA and is subject to the Legislative Instruments Act 2003, including requirements for tabling and disallowance in the Parliament.
Scope and Application
The Civil Aviation Regulations 1988 Direction under regulation 209, issued by the Civil Aviation Safety Authority (CASA), pertains to the conduct of parachute training operations. It applies to operators and pilots in command of aircraft involved in these operations, which are considered private operations under the Civil Aviation Act 1988. The regulation aims to enhance safety by imposing charter aircraft standards on these operations, including more stringent maintenance requirements and additional pilot training. This new direction replaces CASA 278/97, responding to the critical findings of the Queensland coroner’s report following the fatal Willowbank accident in 2006. The Australian Parachuting Federation Inc. (APF) will supervise the operations, with CASA maintaining overarching control. The regulations require aircraft to have current maintenance releases, entail 100-hourly inspections, and mandate that pilots hold a Jump Pilot’s rating issued by the APF, in addition to adhering to the APF Jump Pilot’s Handbook. The operations must also be overseen by a qualified Chief Instructor and conducted in accordance with a training operations manual approved by the APF and CASA. The direction includes procedures for the actual operations, and written agreements between operators and aerodrome operators must be approved by the APF. The instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 and was developed following consultation with the APF. It commenced on 1 November 2009, with certain provisions delayed to allow for the implementation of new pilot and aircraft maintenance standards.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under regulation 209 have been amended to govern the conduct of parachute training operations more stringently. The operator and the pilot in command of an aircraft engaged in such operations must comply with the provisions of CAR 1988 and additional conditions directed by the Civil Aviation Safety Authority (CASA) (section 209(1)). Following the tragic incident in 2006 at Willowbank, Queensland, where five occupants died in a parachute training operation, CASA has revised its approach to ensure higher safety standards. The revised direction mandates that aircraft involved in parachute training operations must now be maintained to charter operation standards (CASA 405/09). This includes requiring a current maintenance release, adhering to manufacturers' specified time limits, and conducting 100 hourly inspections (section 209(1)). Moreover, pilots must hold a Jump Pilot’s rating issued by the Australian Parachuting Federation Inc. (APF) and operate in accordance with the APF Jump Pilot’s Handbook (section 209(1)).
The obligations imposed by the Act on parties involved in parachute training operations are significant. Operators must ensure that their aircraft meet charter operation standards, with regular maintenance checks and adherence to the APF Jump Pilot’s Handbook. Pilots are required to obtain a Jump Pilot’s rating and must follow the procedures outlined in the handbook, which has been approved by CASA. Additionally, all parachute training operations must be supervised by a qualified Chief Instructor and conducted in accordance with a training operations manual approved by the APF and accepted by CASA (section 209(1)). Written agreements between the operators conducting parachute descents and the operators of certified or registered aerodromes must also be in place, approved by the APF (section 209(1)).
Failure to comply with the provisions of CAR 1988 or the additional conditions directed by CASA can result in serious consequences. The Act provides for both civil and criminal penalties for breaches. For instance, operating an aircraft in a manner that contravenes the safety regulations can lead to hefty fines and potential imprisonment. Specifically, under the Civil Aviation Act 1988, the maximum penalty for contravening the regulations can include fines up to $21,000 for individuals and $105,000 for corporations, along with potential imprisonment for up to two years (section 98). Additionally, CASA has the authority to take enforcement actions, including the suspension or revocation of licences and ratings, which can severely impact an operator’s ability to conduct parachute training operations (section 209(1)).