CASA 536/09 – Authorisation, permission and direction – helicopter special operations

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

Legislation au F2009L04252 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Authorisation, permission and direction — helicopter special operations

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for 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 operation 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 of CAO 20.16.3 provides that seat belts must also be worn at certain times.

 

A special operation is a search and rescue, 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 National Helicopters Pty Ltd, an operator whom CASA considers is capable of conducting them safely. This follows CASA’s assessment of an application from the operator, taking into account the interests of the safety of air navigation.

 

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

 

Legislative Instruments Act

Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (CAO), and CASA later issues an instrument that in any way affects the operation of the CAO, 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 the LIA.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is similar to many other instruments issued to different operators. Any operator who is able to embark and disembark persons safely in the hover would be able to apply for inclusion in a similar instrument.

 

The instrument commences on the day after it is registered and stops having effect at the end of 31 December 2011.

 

The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.

 

[Instrument number CASA 536/09]

Overview

The Civil Aviation Regulations 1988 were enacted to regulate the safety and efficiency of civil aviation in Australia, providing a legal framework for the operation of aircraft within the country. The Civil Aviation (Helicopter Special Operations) Notice 2009, issued under the authority of the Civil Aviation Act 1988, was introduced to address specific safety concerns and operational requirements associated with helicopter special operations, particularly in emergency situations such as search and rescue or firefighting, where standard landing procedures may not be feasible or safe. This notice was issued by the Civil Aviation Safety Authority (CASA) and aims to facilitate safer practices for suitably trained and experienced operators and personnel by allowing certain deviations from standard regulations during special operations. This includes permitting passengers to be carried on the undercarriage of a helicopter in the hover for boarding or leaving purposes, as well as the temporary exemption from wearing seat belts when the helicopter is in the hover at heights below 1,000 feet. These changes are subject to strict conditions and oversight by CASA to ensure the safety of air navigation.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the instrument F2009L04252, provide specific provisions concerning helicopter special operations, such as search and rescue, firefighting, and related training. This legislation applies to National Helicopters Pty Ltd, an operator authorised by the Civil Aviation Safety Authority (CASA) to perform such operations. It allows for passengers to be carried on the helicopter's undercarriage during special operations in the hover, where a landing is not possible or safe. Furthermore, it permits passengers not to wear a seat belt or occupy a seat at heights less than 1,000 feet above the terrain when the helicopter is in the hover for the purpose of leaving or boarding. These exceptions to standard regulations are subject to strict conditions outlined in the operator's operations manual, which must be approved by CASA. The instrument, being a legislative instrument under the Legislative Instruments Act 2003, is subject to disallowance by the Parliament. It comes into effect on the day after registration and ceases to have effect by 31 December 2011.

Key Provisions

The key provisions of this piece of Australian legislation pertain to the Civil Aviation Regulations 1988 (CAR 1988) and the specific authorisation, permission, and direction for helicopter special operations. Under subregulation 151(3) of CAR 1988, the Civil Aviation Safety Authority (CASA) is empowered to grant written authority for a person or object to be picked up by the pilot in command of an aircraft while it is in flight. This authority allows for safe and controlled operations in certain circumstances. Furthermore, subregulations 250(1) to 250(3) outline the restrictions on carrying persons on aircraft, except for specific operations authorised by CASA, which can specify conditions for such activities. The regulations also address the use of seat belts, as detailed in subregulations 251(1) and 251(9), which require crew members and passengers to wear seat belts in certain conditions, but CASA may direct otherwise in specific situations. The obligations imposed on the parties governed by this Act include ensuring compliance with the regulations set out in the CAR 1988 and any permissions or conditions specified by CASA. Operators must adhere to the conditions outlined in their operations manual, which must be approved by CASA. This includes ensuring that all equipment carried on board is approved and used in accordance with CASA's directions. The operator must also ensure that all crew members and passengers are aware of and comply with the specific requirements for the special operations they are conducting. This includes the safe and controlled procedures for embarking and disembarking in the hover, as well as any other conditions specified by CASA. Failure to comply with the provisions of the Civil Aviation Regulations 1988 can result in various civil and criminal consequences. Offences under the Civil Aviation Act 1988 can lead to significant penalties, including fines and imprisonment. For instance, operating an aircraft in a manner that endangers safety can result in fines of up to $275,000 for individuals and $1.375 million for corporations, as well as imprisonment for up to five years. Additionally, CASA may take enforcement actions such as suspending or cancelling an operator's certificate, which can have severe implications for the operator's ability to conduct flights. These consequences underscore the importance of strict compliance with the regulations to ensure the safety of air navigation.

Legal classification tags

Area of Law
Civil Aviation Law
Instrument
Regulation
Concepts
Reporting & Disclosure Obligations
Regulatory Standards
Enforcement Powers
Catchwords
seat belts
safety of air navigation

Interactions

Authorises

All Versions

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.