CASA 558/08 – Authorisation, permission and direction – helicopter special operations

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, were amended in 2008 to address the specific safety requirements and operational procedures for helicopter special operations. This amendment was designed to facilitate emergency operations such as search and rescue, law enforcement, and firefighting where traditional landings are not feasible or safe. The Australian Civil Aviation Safety Authority (CASA) has the authority to grant special permissions for these operations, ensuring that they are carried out by suitably trained and experienced operators. This legislative update allows passengers to be carried on the undercarriage and to be exempt from wearing seat belts under certain conditions during such operations, provided these activities are conducted in accordance with the instructions set out in the operators' approved manuals. The policy objective is to enhance the safety of air navigation by enabling safe and efficient emergency operations. The amendment to the Civil Aviation Regulations 1988 was introduced under the Legislative Instruments Act 2003, and as such, it is subject to tabling and disallowance in the Parliament. This legislative instrument affects the operation of certain paragraphs within Civil Aviation Order 20.16.3, specifically those requiring passengers to occupy seats of an approved type in certain circumstances. The regulation also revokes a previous instrument and includes two new operators, McIver Aviation Pty Ltd and EPS Helicopter Services Pty Ltd, which have been assessed by CASA as capable of conducting these special operations safely. The amendment was issued by a delegate of CASA and came into effect on the day after it was registered, with an expiration date of 30 April 2010.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988), as amended by the instrument F2008L04277, pertains to the authorisation, permission, and direction of helicopter special operations within Australia. Specifically, this legislation applies to the operators and personnel involved in special operations such as search and rescue, law enforcement, firefighting, and related training where landing is not feasible or safe. The instrument allows certain operators, namely Skyplan Australia Pty Ltd trading as Rotor-lift Aviation and Rotor-lift Helicopters, the State of Queensland acting through the Department of Emergency Services known as Emergency Management Queensland Helicopter Rescue, and the State of Victoria acting through Victoria Police Air Wing, to conduct these operations under specified conditions. The instrument facilitates the boarding and disembarking of passengers on the helicopter's undercarriage during hovers, and exempts such passengers from the requirement to wear a seat belt or occupy an approved seat when the helicopter is below 1,000 feet above the terrain. This exemption is conditional upon compliance with the instructions approved by the Civil Aviation Safety Authority (CASA) and detailed in each operator’s operations manual. Furthermore, the instrument is subject to the Legislative Instruments Act 2003, which mandates its disallowance in Parliament if CASA issues a conflicting Civil Aviation Order. Although consultation under the Legislative Instruments Act has not been undertaken, any operator capable of safely executing hover operations can apply for inclusion in a similar instrument. The instrument is effective from the day after its registration until the end of April 30, 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988), as amended, contain several key provisions that regulate helicopter special operations. Subregulation 151(3) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to provide written authority for a person or object to be picked up by the pilot in command of an aircraft while it is in flight. Meanwhile, 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. However, subregulation 250(2) allows for exceptions with CASA’s permission for certain flights, and subregulation 250(3) permits CASA to specify conditions for such permissions. Moreover, subregulation 251(1) mandates that seat belts must be worn by all crew members and passengers, including when the aircraft is flying below 1,000 feet above the terrain, although subregulation 251(9) allows CASA to direct otherwise in specific circumstances. Subregulation 207(2) and (3) of CAR 1988 require that an Australian aircraft must not be used in any class of operations unless it is equipped with approved or directed equipment, and that such equipment must be used in accordance with CASA’s directions. Operators and personnel engaged in helicopter special operations are subject to stringent obligations and requirements. Under subregulation 250(2) of CAR 1988, operators must obtain CASA’s permission to carry persons on, or in parts of, an aircraft not designed for crew or passenger accommodation, with CASA able to impose specific conditions. Furthermore, operators must adhere to the instructions approved by CASA, which are outlined in their operations manuals, as stipulated in Schedule 3 of the Civil Aviation (Helicopter Special Operations) Instrument 2008. Operators must also ensure that their aircraft are equipped with necessary equipment, including emergency equipment, in accordance with CASA’s approvals or directions under subregulation 207(2) and (3) of CAR 1988. Additionally, operators must ensure that crew members and passengers occupy approved seats when the aircraft is flying below 1,000 feet above the terrain, as required by paragraph 3.1 of Civil Aviation Order 20.16.3 (CAO 20.16.3). However, CASA may direct that seat belts need not be worn in this circumstance under subregulation 251(9) of CAR 1988. Breach of the provisions in CAR 1988 can lead to significant consequences. The Civil Aviation Act 1988 (the Act) and CAR 1988 do not specify particular offences, penalties, or consequences for breach of the helicopter special operations regulations. However, general provisions in the Act and CAR 1988 provide for offences and penalties for breaches of safety regulations. For example, section 36 of the Act provides for penalties for endangering aircraft safety, with maximum penalties of up to 2,000 penalty units or imprisonment for up to two years, or both, for individuals, and up to 10,000 penalty units or imprisonment for up to five years, or both, for bodies corporate. Additionally, CASA may issue infringement notices for minor breaches of CAR 1988, with maximum penalties of up to 1,000 penalty units for individuals and up to 5,000 penalty units for bodies corporate. Failure to comply with CASA’s directions or instructions may also result in the suspension or revocation of an operator’s permit or licence.