EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
AUTHORITY UNDER REGULATION 151
PERMISSION UNDER SUBREGULATION 250 (2)
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor- General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Regulation 151 of the Civil Aviation Regulations 1988 (the Regulations) provides that persons or objects are not to be picked up by an aircraft in flight except as authorised by CASA and in accordance with any specified conditions.
Regulation 250 of the Regulations prohibits (amongst other things) the carriage of persons on the undercarriage of, or on or in anything attached to, an aircraft except during any flight in respect of which CASA has given permission for persons to be so carried. CASA’s permission may be given subject to specified conditions.
Section 29.11 of the Civil Aviation Orders (CAOs), enacted under those 2 provisions of the Regulations, presently permits helicopters to conduct winching and rappelling operations subject to the conditions specified in that section. Subparagraph 5.2 (a) of that section imposes restrictions on advanced operational training in winching and rappelling operations carried out in confined spaces. Those operations are to be carried out clear of obstructions, and the winching of persons is not permitted.
The 5 AOC holders mentioned in Schedule 1 of this instrument (the approved operators) operate helicopters for the purpose of carrying out rescue operations. During those operations, rescue teams are regularly required to lower a crewman or doctor down to an injured person. This involves skillful coordination between all members of a team, which can only be achieved through training in conditions similar to those obtaining in actual rescue operations. Such training is presently precluded, however, under the restrictions imposed by subparagraph 5.2 (a) of CAO 29.11. Best practice also requires that a member of the rescue team be positioned during a rescue operation on the undercarriage of the helicopter. There is doubt whether this is presently allowed under CAO 29.11.
The purpose of this instrument is to allow persons to be picked up by, and lowered from, helicopters used by the approved operators in the course of training operations, and to allow persons to be carried on the undercarriage of those helicopters in winching and/or rappelling operations and training operations, to the extent that those actions are not permitted under the Order. The instrument also provides that the pick up, or any carriage, of persons under the instrument is subject to compliance with:
• the provisions of section 29.11 (other than subsection 5) of the CAOs; and
• the provisions of the operator’s operations manual relating to training in winching and/or rappelling operations.
This instrument revokes an earlier instrument issued in similar terms. The earlier instrument was revoked because it applied only in respect of the 4 AOC holders carrying out rescue operations at the time it was issued. It was necessary to extend the same authorisation and permission enjoyed by those operators to another AOC operator that had recently entered into a contract for the carriage of similar operations.
As this instrument affects the operation of section 29.11 of the CAOs, it is, under regulation 5A of the Regulations, a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
This instrument was signed by the Acting Director of Aviation Safety, on behalf of CASA, under section 84A of the Act. It came into effect on gazettal.
[Instrument Number CASA 558/00]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, have been amended by the Australian Civil Aviation Safety Authority (CASA) to address specific operational needs of certain helicopter rescue operators. The regulatory changes were introduced to permit these operators to conduct training involving winching and rappelling operations under conditions that were previously restricted. This includes allowing the lowering of personnel during training, which is crucial for the coordination and effectiveness of rescue operations. The policy objective is to align regulatory conditions with best practices in rescue operations, thereby enhancing safety and operational efficiency. CASA, as the regulatory body, authorised these specific operations subject to compliance with certain conditions outlined in the Civil Aviation Orders and the operators' manuals. This legislative adjustment aims to support the specialised training needs of helicopter rescue teams while maintaining stringent safety standards.
Scope and Application
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, provides the authority for the Governor-General to make regulations concerning the safety of air navigation. Regulation 151 and Regulation 250 of the Civil Aviation Regulations 1988 establish that picking up persons by an aircraft in flight and carrying persons on the undercarriage of, or on or in anything attached to, an aircraft are activities that must be authorised by the Civil Aviation Safety Authority (CASA) and conducted in accordance with specified conditions. This regulatory framework aims to ensure the safety of air navigation by controlling and restricting certain activities that could potentially compromise safety. The Civil Aviation Orders (CAOs), enacted under these regulations, include specific provisions for winching and rappelling operations, with certain restrictions on advanced operational training in confined spaces. However, these provisions may not adequately cater to the needs of certain operators involved in rescue operations, necessitating a more tailored approach.
This instrument applies specifically to five Approved Operators of helicopters engaged in rescue operations, as listed in Schedule 1. The instrument permits these operators to conduct training operations involving the picking up of persons by helicopters and the lowering of crew members or doctors from helicopters, subject to compliance with the provisions of section 29.11 of the CAOs (excluding subsection 5) and the operators' own operations manuals. It also allows for the carriage of persons on the undercarriage of helicopters during winching and rappelling operations and training, provided such activities are not already permitted under the CAOs. This tailored authorisation addresses the specific training needs of rescue teams and ensures that such operations can be conducted safely. The instrument revokes a previous similar instrument, which was limited in scope to four AOC holders, and extends the authorisation to include another operator recently contracted for similar operations. As this instrument affects the operation of section 29.11 of the CAOs, it is a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988.
Key Provisions
The key provisions of this instrument allow certain helicopter operations that are currently restricted under the Civil Aviation Orders (CAOs). Specifically, section 29.11(5)(a) of the CAOs, which restricts advanced operational training in winching and rappelling operations carried out in confined spaces, is relaxed to allow approved operators to conduct training in conditions similar to actual rescue operations. This includes lowering a crewman or doctor to an injured person and carrying persons on the undercarriage of the helicopter during training operations. These activities are permitted provided they comply with the provisions of section 29.11 of the CAOs, other than subsection 5, and the operator's operations manual relating to training in winching and/or rappelling operations.
The approved operators, as mentioned in Schedule 1 of this instrument, must ensure that their operations comply with the conditions outlined in the Civil Aviation Orders and their operations manual. They are required to coordinate their rescue teams effectively, which includes training in realistic conditions. The operators must also ensure that their activities do not breach any other provisions of the Civil Aviation Regulations 1988, particularly those that prohibit picking up persons by an aircraft in flight and carrying persons on the undercarriage of an aircraft, except as authorised by CASA.
Breach of the conditions specified in this instrument could lead to significant civil or criminal consequences. Under the Civil Aviation Act 1988, violations of the Regulations could result in penalties, including fines up to the maximum prescribed by the Act. Additionally, any operation that endangers safety could lead to enforcement actions by the Civil Aviation Safety Authority (CASA), including suspension or revocation of the operator's licence. The instrument explicitly states that it is a disallowable instrument, meaning it can be annulled by either house of the Parliament within the period specified in the Acts Interpretation Act 1901.