CASA 422/06 - Authorisation, permission and direction – helicopter special operations

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006L03706 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Authorisation, permission and direction — helicopter special operations

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.

Under subregulation 151 (3) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give written authority for a person or object to be picked up by the pilot in command of an aircraft while the aircraft is in flight.

Under subregulation 250 (1) of CAR 1988, the operator of an aircraft and the pilot in command must not permit a person to be carried on the wings or undercarriage. Under subregulation 250 (2), a person may, with CASA’s permission given in respect of certain flights, be carried on or in a part of an aircraft that is not designed for the accommodation of the crew or passengers. Under subregulation 250 (3), CASA may, when granting a permission, specify conditions subject to which a person may be carried.

Under subregulation 251 (1) of CAR 1988, 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.

Under subregulation 207 (2) of CAR 1988, 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. Under subregulation 207 (3), the equipment must be fitted, carried, or used in accordance with CASA’s directions (if any). Under subregulation 207 (4), 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 20.16.3 (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 provides that seat belts must also be worn at certain times.

A special operation is a search and rescue, law enforcement, firefighting or related training operation in which it is necessary to leave or board the helicopter when a landing is not possible or safe. There are some circumstances where, for suitably trained and experienced operators and personnel, emplaning and deplaning in the hover or partial hover is a safer option than live-load winching when a landing is not possible or safe.

The instrument is designed to facilitate such emergency operations (or training for them) by each of a number of operators whom CASA considers is capable of conducting them safely. This follows CASA’s assessment of an application from each operator and the taking into account of the interests of the safety of air navigation in each case. The operators covered by the instrument are listed at the end of this Explanatory Statement. Only Skyplan Australia Pty Ltd, State of Queensland acting through the Department of Emergency Services known as Emergency Management Queensland Helicopter Rescue and the State of Victoria in relation to Victoria Police Air Wing, have permission to engage in special operations involving law enforcement or related training.

The instrument allows passengers in a helicopter that is engaged in special operations and in the hover to be carried on the undercarriage for the purpose of leaving or boarding the helicopter. It also allows a passenger not to wear a seat belt, or occupy a seat, at a height less than 1 000 feet above the terrain, when the helicopter is in the hover for a passenger to leave or board the helicopter during the special operation.

Under Schedule 3, the operations may only be carried out in accordance with the instructions, approved by CASA, set out in each operator’s operations manual.

Legislative Instruments Act

Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order, and CASA later issues an instrument that in any way affects the operation of the Order, the later instrument is declared to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The instrument affects the operation of paragraphs 3.1 and 4.1 of CAO 20.16.3 which requires that passengers must occupy seats of an approved type in certain circumstances. It is, therefore, a legislative instrument for the purposes of section 5 of the LIA. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is a permission and related direction for a number of individual operators whose work may be needed for special operations, including during the 2006-2007, 2007-2008 and 2008-2009 fire seasons in Australia. A similar instrument would be issued to any appropriate operator who could satisfy CASA that it could safely conduct special operations subject to the same conditions.

The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.  It commences on the day after it is registered and stops having effect at the end of 31 October 2009.

The operators

 1 Gro-Air Pty Ltd (Aviation Reference Number (ARN) 523034)

 2 Helicopter Resources Pty Ltd (ARN 402952)

 3 Helicorp Pty Ltd (ARN 435780)

 4 Heli-Serv Pty Ltd (ARN 590384)

 5 Jayrow Helicopters Pty Ltd (ARN 016323)

 6 Kestrel Aviation College Pty Ltd (ARN 538942)

 7 Lifeflight Pty Ltd (ARN 566981)

 8 Osborne Aviation Services Pty Ltd (ARN 573435)

 9 Professional Helicopter Services Pty Ltd (ARN 059141)

 10 Skyplan Australia Pty Ltd (ARN 554908)

 11 Southern Peninsula Rescue Squad Incorporated (ARN 225288)

 12 State of Victoria in relation to Victoria Police Air Wing (ARN 053072)

 13 Tasmanian Helicopters Pty Ltd (ARN 533611)

 14 The Helicopter Service Australia Pty Ltd (ARN 439365)

 15 State of Queensland acting through the Department of Emergency Services known as Emergency Management Queensland Helicopter Rescue (ARN 223333)

 

[Instrument number CASA 422/06]

Overview

The Civil Aviation Regulations 1988, as amended by F2006L03706, were introduced to address specific safety concerns related to helicopter operations during special activities such as search and rescue or firefighting. The regulations were enacted to provide flexibility for emergency operations when traditional landings are not feasible or safe. The Australian Parliament, through the Civil Aviation Act 1988, empowered the Civil Aviation Safety Authority (CASA) to implement these regulations to ensure the safety of air navigation. The policy objective of these regulations is to permit certain specially trained operators to conduct emergency helicopter operations under specific conditions, thereby enhancing the ability to respond effectively to critical situations while maintaining the highest safety standards.

Scope and Application

The Civil Aviation Regulations 1988, as amended by F2006L03706, apply specifically to helicopter special operations, such as search and rescue, law enforcement, and firefighting, where traditional landing is not feasible or safe. This regulation authorises certain operators, including Skyplan Australia Pty Ltd, the State of Victoria's Police Air Wing, and the State of Queensland's Emergency Management Queensland Helicopter Rescue, to carry passengers on the undercarriage and to allow passengers to leave or board the helicopter while it is hovering. This is permissible only if the operator has been assessed and approved by the Civil Aviation Safety Authority (CASA) for the specific operation and has adhered to the instructions set out in their operations manual. The regulations also permit the exemption of seat belt usage and the requirement to occupy an approved seat when the helicopter is at a height of less than 1,000 feet above the terrain for the purpose of the special operation. These exceptions are tightly regulated and are subject to the overarching safety directives of CASA. The instrument is a legislative instrument under the Legislative Instruments Act 2003, subject to disallowance by Parliament, though no consultation was undertaken given the urgent nature of the operations it facilitates. The instrument is effective from its registration and expires on 31 October 2009.

Key Provisions

The main operative sections of this legislation provide detailed guidelines for helicopter special operations, allowing certain activities that are generally prohibited under the Civil Aviation Regulations 1988 (CAR 1988). For instance, subregulation 151(3) of CAR 1988 permits the Civil Aviation Safety Authority (CASA) to give written authority for a person to be picked up by the pilot in command of an aircraft while the aircraft is in flight. Furthermore, subregulation 250(2) allows individuals to be carried on or in parts of an aircraft that are not designed for crew or passenger accommodation, subject to CASA’s permission and specified conditions. Subregulation 251(1) mandates that seat belts must be worn by all crew members and passengers, although CASA can direct that seat belts need not be worn in specific circumstances (subregulation 251(9)). Additionally, subregulation 207(2) of CAR 1988 states that Australian aircraft must not be used in any class of operations unless they are fitted with or carry equipment approved by CASA, with the equipment to be used in accordance with CASA’s directions (subregulation 207(3)). The obligations imposed by the Act on the parties governed by it include strict compliance with the conditions set forth by CASA for conducting special operations. Operators must adhere to the instructions approved by CASA and set out in their operations manual, as detailed in Schedule 3. This includes ensuring that any special operations are performed only in accordance with the specific guidelines and permissions granted by CASA. Furthermore, operators must ensure that all crew members and passengers comply with the safety requirements, such as wearing seat belts when mandated, unless otherwise directed by CASA. Additionally, operators must ensure that all equipment used in their aircraft meets CASA’s approval and is used in accordance with CASA’s directions. Any breaches of the conditions specified in the Act may lead to various consequences, including civil and criminal penalties. For example, failure to comply with CASA’s directions or the conditions of the permissions granted can result in enforcement actions by CASA. Such actions can include fines, suspension or revocation of operating permits, and other regulatory measures. Additionally, if the breach involves safety violations that lead to accidents or harm, operators and individuals may face criminal charges, which could result in significant penalties. The specific penalties for such breaches are not detailed in the text but would typically align with the severity of the breach and its impact on aviation safety.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.