CASA 485/11 - Permission and direction - helicopter special operations

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, provide a regulatory framework for ensuring the safety of air navigation, and have been amended through various legislative instruments to address specific operational needs. One such amendment is the instrument F2011L02679, which was introduced to address the operational requirements for certain emergency helicopter operations carried out by the State of New South Wales Police Service. This instrument was enacted under the authority of the Civil Aviation Act 1988 and is subject to the oversight of the Civil Aviation Safety Authority (CASA). The policy objective of this instrument is to facilitate special operations, such as search and rescue, emergency medical services, law enforcement, and firefighting, by allowing trained and experienced personnel to board or leave a hovering helicopter when a landing is not possible or safe. The instrument achieves this by permitting the carrying of passengers on the undercarriage of a helicopter during such operations and by allowing passengers to not wear a seat belt or occupy a seat when the helicopter is in the hover, provided that these operations are conducted in accordance with instructions approved by CASA and detailed in the operator’s operations manual. This legislative instrument is subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the F2011L02679 instrument, applies to the operators of helicopters and their pilots engaged in special operations within the State of New South Wales, particularly those conducted by the New South Wales Police Service. These operations include helicopter search and rescue, emergency medical services, law enforcement, and firefighting, which necessitate leaving or boarding the helicopter when a landing is not possible or safe. The instrument modifies the regulations to allow passengers to be carried on the helicopter’s undercarriage and to be exempt from wearing a seat belt or occupying a seat when the helicopter is in the hover at less than 1,000 feet above the terrain, provided these actions are carried out during a special operation. Such operations must be conducted in accordance with the instructions approved by the Civil Aviation Safety Authority (CASA) and detailed in the operator’s operations manual. The geographic reach of this Act is within Australia, specifically affecting the Commonwealth and state jurisdictions. The instrument is subject to disallowance under the Legislative Instruments Act 2003, as it affects certain provisions of the Civil Aviation Order 20.16.3. Notably, consultation under the Legislative Instruments Act has not been undertaken for this specific instrument. It is effective from the day after registration until the end of November 2014.

Key Provisions

The main operative sections of this legislation (F2011L02679) allow for certain exceptions to the standard safety regulations for helicopters engaged in special operations in the State of New South Wales. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the Act, and in this case, the Civil Aviation Regulations 1988 have been amended to facilitate these exceptions. Subregulation 151(3) of the Civil Aviation Regulations 1988 (CAR 1988) allows for the Civil Aviation Safety Authority (CASA) to give prior written authority for a pilot to pick up persons or objects, subject to specified conditions. Subregulation 250(2) and (3) of CAR 1988 similarly allow CASA to permit a person to be carried on or in a part of an aircraft not designed for such accommodation, again subject to conditions. Furthermore, subregulation 251(9) of CAR 1988 allows CASA to direct that a seat belt need not be worn in certain circumstances, and subregulation 207(2) and (3) of CAR 1988 require that an Australian aircraft must be fitted with or carry equipment approved or directed by CASA. The obligations imposed by this legislation primarily concern the operators and pilots of helicopters engaged in special operations. Operators and pilots must ensure that any operations conducted under these exceptions comply with the specific instructions approved by CASA, which are detailed in the operator's operations manual. This includes ensuring that any passengers carried on the undercarriage or not wearing seat belts during the hover are suitably trained and experienced personnel, and that all activities are conducted in a manner that does not compromise safety. The operators and pilots must also ensure that all other regulatory requirements are met to the fullest extent possible, given the exceptional nature of the operations. Any breaches of the provisions outlined in this legislation can result in significant consequences. Under the Civil Aviation Act 1988, violations of the Civil Aviation Regulations 1988 can result in offences that may lead to criminal or civil penalties. The maximum penalties for contravening the Civil Aviation Regulations 1988 can include fines of up to $165,000 for individuals and $825,000 for corporations, as well as potential imprisonment. Additionally, CASA has the authority to take enforcement actions, including the suspension or revocation of licences and permits, which can further impact the ability of operators and pilots to conduct their activities. Given the nature of the operations permitted by this legislation, any breach could have severe safety implications, potentially leading to severe penalties and significant reputational damage.