Explanatory Statement
Civil Aviation Regulations 1988
Revocation of authorisations, permissions and directions — helicopter special operations
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 151 (3) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give prior written authority to the pilot in command of an aircraft to pick up a person or object while the aircraft is in flight.
Subregulation 250 (1) of CAR 1988 provides that the operator of an aircraft and the pilot in command must not permit a person to be carried on the wings or undercarriage of the aircraft. Subregulation 250 (2) provides that a person may, with the permission of CASA given in respect of flights of a particular kind, be carried on, or in a part of, an aircraft that is not designed for the accommodation of the crew or passengers. Subregulation 250 (3) provides that CASA may, when granting a permission, specify conditions subject to which a person may be carried.
Subregulation 251 (1) of CAR 1988 provides that seat belts must be worn by all crew members and passengers in various circumstances, including when the aircraft is flying at less than 1 000 feet above the terrain. However, under subregulation 251 (9), CASA may direct that a seat belt need not be worn in this particular circumstance.
Subregulation 207 (2) of CAR 1988 provides that an Australian aircraft must not be used in any class of operations unless it is fitted with or carries such equipment, including emergency equipment, as CASA approves or directs. Subregulation 207 (3) provides that the equipment must be fitted, carried or used in accordance with the directions (if any) of CASA. Subregulation 207 (4) provides that in giving a direction, CASA must have regard only to the safety of air navigation.
In accordance with subregulations 207 (2) and (3) of CAR 1988, paragraph 3.1 of Civil Aviation Order (CAO) 20.16.3 provides, among other things, that each crew member and each passenger must occupy a seat of an approved type when the aircraft is flying at a height less than 1 000 feet above the terrain. Paragraph 4.1 of CAO 20.16.3 provides that seat belts must also be worn at certain times.
CASA has issued a number of instruments allowing different operators to perform helicopter special operations. CASA has amended CAO 95.7 and that amendment means all the instruments are no longer required.
Legislative Instruments Act
The instrument revokes a number of legislative instruments. It is, therefore, a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003 (the LIA). It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA was undertaken as part of the consultation process for the amendment of CAO 95.7.
The instrument commences on the day after it is registered.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 421/10]
Overview
The Civil Aviation Regulations 1988 Revocation of Authorisations, Permissions and Directions—Helicopter Special Operations instrument, enacted in 2010, serves to streamline regulatory requirements for helicopter special operations by revoking several existing authorisations, permissions, and directions. This legislative instrument was introduced to address the redundancy created by the amendment of Civil Aviation Order (CAO) 95.7, which now sufficiently governs the conduct of such operations, rendering the previously issued instruments unnecessary. The instrument was issued by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, with a primary focus on maintaining the safety of air navigation as mandated by the Act. The instrument was subject to consultation processes and is governed by the Legislative Instruments Act 2003, requiring tabling and disallowance in the Parliament.
Scope and Application
The Civil Aviation Regulations 1988, as amended, apply to the operation of aircraft within Australia, governing various aspects of civil aviation safety, including the conduct of helicopter special operations. Specifically, the regulations empower the Civil Aviation Safety Authority (CASA) to issue specific permissions and conditions for activities such as picking up persons or objects while an aircraft is in flight, carrying individuals on parts of an aircraft not typically designed for passenger accommodation, and determining the mandatory use of seat belts and emergency equipment. These regulations apply to all aircraft operators and pilots within Australia, with the safety of air navigation being the paramount consideration. While the regulations set forth broad rules, CASA retains the flexibility to issue specific directions and conditions tailored to particular operations, ensuring that safety standards are met while allowing for operational diversity. The revocation of certain legislative instruments by CASA, as outlined in the instrument CASA 421/10, reflects an administrative simplification and consolidation of permissions for helicopter special operations, streamlining the regulatory framework without altering the fundamental safety requirements.
Key Provisions
The Civil Aviation Regulations 1988, as amended, include a range of provisions that govern the operation of aircraft, with a focus on safety and compliance. For instance, Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that contribute to the safety of air navigation. Subregulation 151(3) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue prior written authority to a pilot in command for picking up a person or object while the aircraft is in flight. This provision ensures that such activities are carried out under controlled conditions. Subregulation 250(1) prohibits the carrying of a person on the wings or undercarriage of an aircraft, while Subregulation 250(2) and (3) permit such activities under specific conditions and with CASA's permission, including the ability to set specific conditions for these operations.
The Act imposes several obligations and requirements on aircraft operators and pilots. Under Subregulation 250(1) of CAR 1988, operators and pilots must ensure that no person is carried on the wings or undercarriage of an aircraft. Additionally, Subregulation 250(2) and (3) require that any permission granted by CASA for carrying persons in non-designated areas of an aircraft must be strictly adhered to. Subregulation 207(2) mandates that Australian aircraft must only be used in approved operations if they are fitted with or carry approved equipment, including emergency equipment, as directed by CASA. This requirement ensures that all aircraft meet safety standards before being used in any class of operations.
Breaches of the Civil Aviation Regulations 1988 can result in various civil and criminal consequences. For example, operating an aircraft in violation of Subregulation 250(1), which prohibits carrying a person on the wings or undercarriage, can result in penalties. The specific penalties are not detailed in the provided text, but they generally include fines and potential imprisonment. Furthermore, failure to comply with equipment requirements as outlined in Subregulation 207(2) can also lead to penalties, including the revocation of operating authorisations. CASA has the authority to issue directions and impose conditions to ensure compliance, and non-compliance can result in enforcement actions.
In summary, the Civil Aviation Regulations 1988, supported by the Civil Aviation Act 1988, establish a comprehensive framework for the safe operation of aircraft in Australia. The regulations cover a range of activities, from picking up objects or persons in flight to the carriage of individuals in non-designated areas of an aircraft, all under strict conditions set by CASA. Operators and pilots must adhere to these regulations to ensure the safety of air navigation, with potential penalties for non-compliance that can include fines and imprisonment.