CASA 420/08 - Permission and direction - helicopter special operations

Overview

The Civil Aviation Regulations 1988, amended by F2008L03046, address the specific operational needs of Helistar Aviation Pty Ltd, trading as Helistar Aviation, in facilitating helicopter special operations such as search and rescue, law enforcement, and firefighting. These operations often require personnel to board or disembark from the helicopter in the hover or partial hover when a safe landing is not possible, which poses unique safety challenges. Enacted by the Governor-General under the authority of Section 98 of the Civil Aviation Act 1988, the regulation aims to enhance safety in these critical scenarios by allowing passengers to be carried on the helicopter's undercarriage and permitting non-compliance with certain seating and seat belt requirements during hover operations. The instrument is subject to parliamentary disallowance and is intended to remain in effect until the end of 31 August 2010, replacing the previously expired Instrument CASA 14/06.

Scope and Application

The Civil Aviation Regulations 1988, as amended by F2008L03046, apply to helicopter operations conducted by Helistar Aviation Pty Ltd, trading as Helistar Aviation, which engage in special operations such as search and rescue, law enforcement, and firefighting. These operations are carried out in situations where a safe landing is not possible and require passengers to be carried on the helicopter's undercarriage or to be boarded or deplaned in the hover. The regulations also allow for passengers not to wear seat belts or occupy a seat at heights less than 1000 feet above the terrain during these operations when in the hover. This instrument extends to the whole of Australia, as it is governed by the Civil Aviation Act 1988, and is subject to the oversight of the Civil Aviation Safety Authority (CASA). The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by Parliament. It does not require consultation under section 17 of the Legislative Instruments Act and replaces an earlier instrument which expired. This amendment allows for safer operations by ensuring that regulatory requirements are aligned with the specific needs of these emergency and training scenarios.

Key Provisions

The key provisions of this legislation focus on the operations of helicopters engaged in special operations, particularly those involving search and rescue, law enforcement, firefighting, and training for these operations. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of air navigation safety, and this instrument leverages that authority. Specifically, subregulation 250(1) of the Civil Aviation Regulations 1988 (CAR 1988) typically prohibits carrying persons on the wings or undercarriage of an aircraft, but subregulation 250(2) allows for exceptions with the Civil Aviation Safety Authority's (CASA) permission for certain flights. Subregulation 250(3) further allows CASA to specify conditions for such permissions. This instrument permits Helistar Aviation Pty Ltd to carry passengers on the undercarriage of their helicopter during special operations where landing is not possible or safe, provided that CASA’s conditions are met. The obligations imposed by this legislation require that Helistar Aviation adheres strictly to the conditions set by CASA. These include ensuring that any special operations conducted under the permissions granted are detailed in their operations manual, which must be approved by CASA. The operators and personnel involved must be suitably trained and experienced to undertake these operations safely. Additionally, under subregulation 207(2) and (3) of CAR 1988, any Australian aircraft used for these operations must be equipped with approved emergency equipment and used in accordance with CASA’s directions, with a primary focus on ensuring the safety of air navigation. There are no specific offences, penalties, or consequences outlined in this legislation. However, any breach of the Civil Aviation Regulations 1988 or failure to comply with CASA’s conditions could lead to enforcement actions under the Civil Aviation Act 1988. This could include fines and other penalties prescribed under the Act. Furthermore, the instrument is a legislative instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in Parliament. Although consultation under the Legislative Instruments Act was not undertaken in this instance, the instrument still follows the regulatory process established under the Civil Aviation Act and the Civil Aviation Regulations 1988, ensuring adherence to safety standards.