CASA 492/05 - Permission and direction - helicopter special operations

Overview

The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework for civil aviation in Australia, addressing the need for safety and efficiency in air navigation. The Civil Aviation Act 1988, under which these regulations operate, empowers the Governor-General to make regulations for the safety of air navigation. The regulations cover a wide range of operational requirements, including passenger safety, equipment standards, and operational permissions. The specific problem or gap addressed by this legislative instrument involves the need for flexibility in carrying out special operations, such as search and rescue, law enforcement, and firefighting, where conventional landings are not feasible. This instrument aims to ensure these operations can be conducted safely by suitably trained and experienced operators, allowing for the carrying of passengers on the undercarriage of a hovering helicopter and permitting passengers not to wear seat belts during certain phases of these operations. The instrument was issued under the authority of the Civil Aviation Act 1988 and is subject to the Legislative Instruments Act 2003, which governs the making, operation, and review of legislative instruments. This specific legislative instrument was issued by a delegate of the Civil Aviation Safety Authority (CASA) and is intended to facilitate special operations by listed operators, ensuring they can perform these critical tasks safely. The operators covered include private companies and government entities, such as the State of Victoria in relation to the Victoria Police Airwing. The instrument is effective from the day after its registration and will cease to have effect at the end of 31 October 2006.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 provide extensive regulations concerning the safety of air navigation, including specific provisions for helicopter special operations. This legislation applies to the operators listed in the instrument, specifically Gro-Air Pty Ltd, Helicopter Resources Pty Ltd, Helicorp Pty Ltd, Heli-Serv Pty Ltd, Jayrow Helicopters Pty Ltd, Kestrel Aviation College Pty Ltd, Lifeflight Pty Ltd, Osborne Aviation Services Pty Ltd, Professional Helicopter Services Pty Ltd, Skyplan Australia Pty Ltd, Southern Peninsula Rescue Squad Incorporated, the State of Victoria in relation to Victoria Police Force, Tasmanian Helicopters Pty Ltd, and The Helicopter Service Australia Pty Ltd. These entities are permitted to conduct special operations such as search and rescue, law enforcement, firefighting, and related training, which may require personnel to leave or board the helicopter when a landing is not possible or safe. The Act allows these operations to be conducted under specific conditions set out in each operator's operations manual, approved by the Civil Aviation Safety Authority (CASA). The legislation also permits passengers to be carried on the undercarriage of a helicopter in hover and allows passengers not to wear seat belts at a height less than 1,000 feet above the terrain during the special operation when the helicopter is in the hover. The instrument is subject to the Legislative Instruments Act 2003, which governs disallowable instruments and requires tabling and disallowance in the Parliament. Notably, consultation under the Legislative Instruments Act was not undertaken in this instance due to the urgency of the situation, particularly during the 2005-2006 fire season in Australia. The instrument is issued by a delegate of CASA and is effective from the day after its registration until the end of 31 October 2006.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain provisions that govern the operations of aircraft in Australia, including special operations for helicopters. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act, ensuring the safety of air navigation. Subregulation 250(1) of CAR 1988 prohibits carrying persons on the wings or undercarriage of aircraft, while subregulation 250(2) allows for such carriage with CASA’s permission for specific flights. Subregulation 250(3) permits CASA to impose conditions when granting such permissions. Additionally, subregulation 251(1) mandates the wearing of seat belts by crew members and passengers under various circumstances, including when the aircraft is below 1,000 feet above the terrain, although subregulation 251(9) allows CASA to direct otherwise. Subregulation 207(2) and (3) require Australian aircraft to be equipped with approved equipment and to use such equipment as directed by CASA, with a focus on safety as per subregulation 207(4). The obligations imposed by these regulations on operators and pilots include obtaining necessary permissions from CASA for carrying passengers on parts of the aircraft not designed for accommodation, adhering to conditions set by CASA, and ensuring that all required equipment is installed and used as directed. Operators must also ensure that all crew members and passengers comply with safety regulations, including wearing seat belts unless directed otherwise by CASA. Furthermore, operators must follow the instructions in their operations manuals, which are approved by CASA, when conducting special operations. This ensures that all activities are performed in a manner that maintains the safety of air navigation. Failure to comply with the provisions of CAR 1988 can result in various consequences. Under the Legislative Instruments Act 2003 (LIA), instruments that affect Civil Aviation Orders are subject to disallowance in Parliament. For instance, if CASA issues an instrument that affects the operation of a Civil Aviation Order, it is declared a disallowable instrument under the LIA. Such instruments must be tabled and can be disallowed by Parliament. Non-compliance with safety regulations can lead to penalties, including fines and other sanctions imposed by CASA. Additionally, operators and pilots can face criminal charges for serious breaches, potentially leading to imprisonment. The specific penalties depend on the nature and severity of the breach but can include substantial fines and, in some cases, imprisonment for operators and individuals responsible for the non-compliance.