CASA 436/05 - Permission and direction – helicopter special operations

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to address the need for stringent regulations to ensure the safety of air navigation in Australia. The instrument in question, F2005L03517, was introduced under section 98 of the Civil Aviation Act 1988, empowering the Governor-General to create regulations in the interests of safety. This specific instrument was developed in response to an application by Rotorco Pty Ltd for permission to conduct helicopter special operations involving personnel boarding or leaving the helicopter in the hover, which is considered safer in certain emergency situations than live-load winching. The Civil Aviation Safety Authority (CASA) issued this instrument after assessing that Rotorco Pty Ltd is capable of conducting these operations safely. The policy objective is to facilitate emergency operations while ensuring air navigation safety. The instrument allows passengers to be carried on the helicopter undercarriage and not to wear seat belts at heights below 1,000 feet when hovering, provided these operations are conducted under CASA-approved instructions outlined in the operator’s manual. This instrument is subject to the Legislative Instruments Act 2003, which requires it to be tabled and allows for its disallowance in the Parliament.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the instrument F2005L03517, provide specific permissions and directions concerning helicopter special operations, focusing primarily on the operations conducted by Rotorco Pty Ltd. This regulation applies to the operator of an aircraft and the pilot in command, and it is designed to facilitate certain emergency operations or training exercises when standard landing procedures are not feasible or safe. These special operations include search and rescue, law enforcement, firefighting, and related training activities that necessitate leaving or boarding the helicopter while in the hover. The instrument permits passengers to be carried on the undercarriage for the purpose of boarding or leaving the helicopter during these operations and allows for the exemption of seat belt use or the requirement to occupy a seat when the helicopter is in the hover at a height less than 1,000 feet above the terrain. This exception is contingent upon compliance with CASA-approved instructions detailed in the operator’s operations manual, ensuring adherence to safety standards. Geographically, the regulation applies nationally within Australia and is subject to the overarching authority of the Civil Aviation Safety Authority (CASA). The legislative framework is rooted in the Civil Aviation Act 1988, with the instrument being a legislative instrument under the Legislative Instruments Act 2003, thus subject to parliamentary scrutiny and potential disallowance. The instrument was issued without consultation under section 17 of the LIA, as it pertains to a specific operator deemed capable by CASA. It is effective from the day after registration and expires on 31 October 2006.

Key Provisions

The Civil Aviation Regulations 1988, as amended by this instrument, introduce specific provisions for helicopter special operations. Section 250(2) of the Civil Aviation Regulations 1988 (CAR 1988) permits individuals to be carried on or in parts of an aircraft not designed for accommodation of the crew or passengers, subject to Civil Aviation Safety Authority (CASA) permission for certain flights. This permission allows for carrying passengers on the undercarriage of a helicopter engaged in special operations, such as search and rescue, law enforcement, firefighting, or related training, when landing is not possible or safe. Under Section 251(9), CASA can direct that seat belts need not be worn in specific circumstances, such as when a helicopter is in the hover for a passenger to leave or board during a special operation. Furthermore, Section 207(2) and (3) of CAR 1988 require Australian aircraft to be equipped with CASA-approved emergency equipment, used in accordance with CASA’s directions, ensuring the safety of air navigation. The obligations imposed by these regulations on the parties involved are stringent and centred around safety. Rotorco Pty Ltd, the operator concerned, must ensure that all operations are conducted in strict adherence to the conditions set out in their operations manual, which must be approved by CASA. This includes ensuring that all personnel are suitably trained and experienced, and that all equipment is fitted and used as directed by CASA. The pilot in command and the operator must also ensure that passengers are only carried on the undercarriage when necessary for special operations and that seat belts are not worn when the helicopter is in the hover for a passenger to leave or board, as per CASA’s direction. These obligations are designed to mitigate risks associated with special operations, ensuring they are conducted safely. Breach of these regulations can lead to significant consequences. Under section 173 of the Civil Aviation Act 1988, any person who contravenes the Civil Aviation Regulations 1988 may be liable for a penalty. The penalties for such breaches can include substantial fines and, in severe cases, imprisonment. For instance, under section 174 of the Act, an individual who knowingly contravenes a regulation may be fined up to $275,000 for a corporation and $55,000 for an individual, with additional penalties for ongoing breaches. Furthermore, CASA has the authority to issue infringement notices for less severe breaches, with fines not exceeding $11,000 for individuals and $55,000 for corporations. These penalties underscore the importance of strict compliance with the regulations to ensure the safety of air navigation.