Explanatory Statement
Civil Aviation Regulations 1988
Authorisation, permission, direction and exemption – helicopter winching operations – Helicorp Pty. Ltd.
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under subregulation 151 (1) of the Civil Aviation Regulations 1988 (CAR 1988), it is an offence for the pilot in command of an aircraft to allow persons or objects to be picked up by the aircraft. However, under subregulation 151 (3), it is a defence if CASA gives prior written authority and conditions mentioned in the authority are complied with.
Under subregulation 157 (1) of CAR 1988, it is an offence for the pilot in command of an aircraft to fly lower than 500 feet.
Under paragraphs 250 (1) (c) and 250 (1A) (c) of CAR 1988, it is an offence for the operator or the pilot in command to permit a person to be carried on anything attached to the aircraft. However, under subregulation 250 (2), CASA may give permission for a person to be carried in this way, subject to compliance with conditions specified under subregulation 250 (3).
Under paragraph 251 (1) (c) of CAR 1988, it is an offence if crew members and passengers on an aircraft do not wear seat belts when the aircraft is flying below 1 000 feet. However, under subregulation 251 (9) of CAR 1988, it is a defence to a prosecution under paragraph 251 (1) (c) if CASA directed that seat belts need not be worn in that circumstance.
These provisions have the effect of preventing helicopter winching operations. However, by means of Civil Aviation Order 29.11 (CAO 29.11), CASA has given authority and permission under subregulations 151 (3) and 250 (2) of CAR 1988, and also issued exemptions from paragraphs 157 (1) (b) and 251 (1) (c), therefore, allowing helicopters to conduct winching operations, subject to various conditions mentioned in CAO 29.11.
Among the conditions in CAO 29.11 for helicopter winching operations, paragraph 5.1 requires an operating area of certain dimensions and characteristics — a diameter that is the longer of 30 metres or twice the length of the relevant helicopter; no obstructions within this circle higher than 3 metres; and a central zone, within the circle, of 5 metres diameter clear of all obstruction and reserved exclusively for the winching.
In addition, paragraph 7.1 of CAO 29.11 requires that for all winching operations over offshore platforms or vessels (the site), an operator may only use a multi-engine helicopter capable of hovering out of ground effect (HOGE) with 1 engine inoperative during the actual winching.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CAR 1998 or CASR 1998. Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1) of CASR 1998, the maximum duration of an exemption is 3 years.
Background
From time to time, helicopters malfunction or require maintenance while servicing sites with helidecks. Given the size of the helidecks, it is not always possible to manoeuvre the unserviceable helicopter out of the way to enable another helicopter to land with maintenance personnel and spares. Nor is it always possible to safely deliver or take off maintenance personnel and spares by boat. Either a dangerous offshore stairway may be used to enable disembarkation or embarkation, or a static landing crane may be used.
In extreme circumstances, repair of the unserviceable helicopter may be so delayed that with a blocked helideck the owner or operator of the site may have no alternative but to crane the helicopter off the site and into the sea in order to meet an emergency, continue to be supplied, or remain in operation.
Helicopter winching to land and take off maintenance personnel and spares is an alternative. However, most helidecks would not comply with the dimensional requirements of paragraph 5.1 of CAO 29.11. In addition, where a site is far offshore and distant from any refuelling possibility on a nearby site, the need to carry the weight of sufficient fuel to return to shore would eliminate any possibility of using HOGE capability during the actual winching operation. The operation would not, therefore, comply with paragraph 7.1 of CAO 29.11.
Under paragraphs 5.2 and 7.3 of CAO 29.11, the conditions in paragraphs 5.1 and 7.1 do not apply to a winching operation for a rescue or other emergency. However, these provisions do not extend to the mere recovery of an unserviceable helicopter on a site.
Instrument
Helicorp Pty. Ltd. (the operator) has sought a suitable instrument that would enable its helicopter pilots to winch maintenance personnel and spares to and from sites using the heave-in line technique without compliance with paragraphs 5.1 and 7.1 of CAO 29.11. The heave-in line technique involves angled winch delivery to a site while the helicopter hovers over the adjacent sea rather than directly above the site.
The instrument applies in relation to the operator when operating AgustaWestland AW139 or Bell 412 helicopters in winching operations at an offshore platform or vessel, solely to recover an unserviceable helicopter.
Section 4 grants an authority under subregulation 151 (3) of CAR 1988 relating to picking up people or objects.
Section 5 grants a permission under subregulation 250 (3) of CAR 1988 relating to carriage of a person on or in a part of the helicopter that is not designed for the accommodation of the crew or passengers, or on or in anything attached to the helicopter.
Section 6 makes a direction under subregulation 251 (9) of CAR 1988 removing the requirement for seat belts to be worn when the helicopter is flying below 1 000 feet above the terrain during a winching operation at the site.
Section 7 grants an exemption under regulation 11.160 of CASR 1998 from compliance with regulation 157 of CAR 1988, relating to low flying, during a winching operation at a site.
The instrument is subject to a series of safety conditions. CAO 29.11, other than subsections 5 and 7, must be complied with. Operations, which may only be carried out in daylight with the horizon visible, must use the heave-in line technique in accordance with the procedures set out in the operator’s operations manual as at the date of this instrument, or as varied with the written agreement of CASA. Each operation must be the subject of a safety assessment approved by the operator’s chief pilot. The owner or operator of the site must give written permission for the operation, and the operator and the pilot in command must comply with any conditions in the permission. During the operation, the helicopter may hover wholly or partially over the site only to the minimum extent necessary for the safe conduct of the operation.
The helicopter must operate at the minimum weight and minimum fuel load necessary to complete the operation, return to shore, and to fly away from the site in the event of engine failure. The operation may only be conducted at the safest working area of the site that allows fly-away alternatives for the pilot in command. The maintenance personnel, who may be winched to or from a site, must have successfully completed training for such an operation as set out in the operator’s operations manual. The operator must report to CASA after each operation.
Legislation Act 2003 (the LA)
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or a class of aircraft. The exemption in this instrument applies to a class of persons, being pilots in command of particular types of helicopter operated by the operator and engaged in the applicable type of operation. The instrument is, therefore, a legislative instrument subject to tabling and disallowance in Parliament under sections 38 and 42 of the LA.
Consultation
The operator has requested this instrument. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day of registration. It expires at the end of March 2019, as if it had been repealed by another instrument.
[Instrument number CASA 41/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Authorisation, permission, direction and exemption – helicopter winching operations – Helicorp Pty. Ltd.
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This legislative instrument makes various authorisations relating to a particular type of helicopter winching operation conducted by Helicorp Pty. Ltd.
The legislative instrument enables the conduct of helicopter winching operations so that maintenance personnel and equipment can be winched by helicopter on or off an offshore platform or vessel in order to recover an unserviceable helicopter. The issue of the instrument is subject to conditions imposed by CASA in the interests of air safety.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority