CASA 532/09 – Authorisation, permission and direction – helicopter special operations

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and provide a comprehensive regulatory framework for civil aviation in Australia. The problem or gap this legislation aimed to address was the need for specific regulations governing helicopter special operations, particularly in scenarios where safe landings were not feasible. These operations include search and rescue, firefighting, and related training missions where it is safer to leave or board the helicopter while it is hovering rather than using live-load winching. The instrument issued under the Civil Aviation Regulations 1988, and declared a legislative instrument under the Legislative Instruments Act 2003, allows suitably trained and experienced operators to carry out these special operations by permitting passengers to be carried on the undercarriage of a helicopter in a hover and to not wear a seat belt or occupy a seat when the helicopter is less than 1,000 feet above the terrain. This regulation is intended to enhance safety during these critical operations by allowing operators assessed by the Civil Aviation Safety Authority (CASA) to conduct these activities under specific conditions outlined in their approved operations manual.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) outline specific conditions under which helicopters can be used in special operations, such as search and rescue, firefighting, and related training, particularly when landing is not feasible or safe. The legislation applies to operators who have been assessed by the Civil Aviation Safety Authority (CASA) and deemed capable of conducting these operations safely, taking into account the interests of air navigation safety. This includes permitting passengers to be carried on the helicopter’s undercarriage during hover operations for the purpose of boarding or disembarking. It also allows for the exemption of seat belt requirements and the occupation of approved seats for passengers at altitudes below 1,000 feet above the terrain when the helicopter is in the hover. These operations must be conducted in accordance with CASA-approved instructions set out in the operator’s operations manual. The instrument is subject to the Legislative Instruments Act 2003 and is declared as a disallowable instrument, meaning it is subject to tabling and disallowance in the Parliament. This instrument does not require consultation under the Legislative Instruments Act as it closely mirrors similar instruments issued to other operators capable of conducting such operations safely. The instrument takes effect from the day after registration and ceases to be in force at the end of 31 December 2010.

Key Provisions

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, establish a framework for helicopter special operations, particularly those involving pick-up and drop-off of personnel while the helicopter is in flight. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, which are further detailed in subregulation 151(3) of the Civil Aviation Regulations 1988 (CAR 1988). This section empowers the Civil Aviation Safety Authority (CASA) to grant 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, subject to specific conditions. Subregulation 250(1) of CAR 1988 prohibits the operator of an aircraft and the pilot in command from permitting a person to be carried on the wings or undercarriage of an aircraft. However, subregulation 250(2) allows CASA to grant permission for a person to be carried on, or in a part of, an aircraft not designed for the accommodation of the crew or passengers, under specific conditions. Subregulation 251(1) requires all crew members and passengers to wear seat belts in various circumstances, including when the aircraft is flying below 1,000 feet above the terrain, although CASA may direct otherwise under subregulation 251(9). The Civil Aviation Regulations 1988 also impose several obligations on the parties involved in helicopter special operations. Operators and pilots must adhere to the conditions set out in their operations manual, which is approved by CASA. This includes ensuring that all necessary equipment, including emergency equipment, is fitted and used in accordance with CASA’s directions. Under subregulation 207(2) of CAR 1988, Australian aircraft must be fitted with or carry equipment approved by CASA for use in specific classes of operations, with the equipment to be used in accordance with CASA’s directions, as stated in subregulation 207(3). Furthermore, subregulation 207(4) mandates that CASA must consider only the safety of air navigation when giving directions. The operations manual must comply with the instructions set out in Schedule 3 of the instrument, ensuring that the special operations are conducted safely. Breaches of the Civil Aviation Regulations 1988 can lead to civil and criminal consequences. Failure to comply with the provisions regarding the carriage of passengers and the use of equipment may result in penalties. Under the Legislative Instruments Act 2003 (LIA), any instrument that affects the operation of a Civil Aviation Order is subject to disallowance in the Parliament. The instrument in question, which affects paragraphs 3.1 and 4.1 of Civil Aviation Order 20.16.3, is declared to be a disallowable instrument under regulation 5A of CAR 1988. Consequently, it must be tabled and may be disallowed by the Parliament under sections 38 and 42 of the LIA. Operators and pilots found in breach of these regulations may face fines, imprisonment, or other penalties as prescribed by the Civil Aviation Act 1988 and associated regulations.