CASA 561/09 – Authorisation, permission and direction – helicopter special operations

Overview

The Civil Aviation Regulations 1988 were enacted to provide for the regulation of civil aviation in Australia, ensuring the safety of air navigation. A legislative instrument F2009L04355 was introduced in 2009 to address specific operational needs for certain helicopter special operations by Heliquip Pty Limited, an operator deemed by the Civil Aviation Safety Authority (CASA) to be capable of conducting these activities safely. The instrument allows for passengers to be carried on the undercarriage and for certain seat belt exemptions during hover operations, which are deemed safer than live-load winching when landing is not feasible. This instrument was developed under the authority of section 98 of the Civil Aviation Act 1988, empowering CASA to make regulations in the interests of safety. The instrument was issued by a delegate of CASA and is subject to disallowance in Parliament under the Legislative Instruments Act 2003. The operations governed by this instrument must comply with CASA-approved instructions in the operator's operations manual.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) apply to all persons and entities involved in the operation of aircraft in Australia, including pilots, operators, and passengers. These regulations are overseen by the Civil Aviation Safety Authority (CASA), which is empowered by the Civil Aviation Act 1988 to make regulations for the safety of air navigation. The instrument in question specifically pertains to helicopter special operations, such as search and rescue, firefighting, or related training operations, where a landing is not possible or safe. This legislation allows for passengers to be carried on the undercarriage of a helicopter during special operations and in the hover, and for passengers not to wear a seat belt or occupy a seat when the helicopter is in the hover for the purpose of leaving or boarding. These operations can only be carried out in accordance with instructions approved by CASA and set out in the operator’s operations manual. The instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003. The instrument does not specify any exclusions, exemptions, or thresholds but is tailored to operations conducted by Heliquip Pty Limited, an operator deemed capable of conducting these activities safely by CASA.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) establish various provisions governing the safety of air navigation. Notably, subregulation 151(3) of CAR 1988 permits the issuance of written authority for the pilot in command of an aircraft to pick up a person or object during flight, while subregulation 250(1) prohibits the carriage of a person on the wings or undercarriage of an aircraft. However, with CASA’s permission, subregulation 250(2) allows individuals to be carried on or in parts of an aircraft not designed for crew or passenger accommodation, subject to conditions specified by CASA (subregulation 250(3)). Additionally, subregulation 251(1) mandates that seat belts be worn by all crew members and passengers under certain circumstances, such as when the aircraft is flying below 1,000 feet above the terrain, though subregulation 251(9) allows CASA to exempt certain circumstances from this requirement. Furthermore, subregulation 207(2) of CAR 1988 requires Australian aircraft to be equipped with approved equipment, including emergency equipment, for specific operations unless otherwise directed by CASA. These regulations impose obligations on aircraft operators and pilots to ensure compliance with safety standards. Operators must adhere to CASA’s directives regarding equipment and operational procedures, including the carriage of passengers in non-standard locations and the exemption from seat belt requirements in specific circumstances. Pilots, as the command of the aircraft, must also ensure compliance with these regulations, particularly when conducting special operations such as search and rescue or firefighting where alternative methods of boarding and disembarking are necessary. The regulations further require operators to maintain detailed operations manuals, approved by CASA, to guide the conduct of these special operations. Breaches of the Civil Aviation Regulations 1988 can lead to serious consequences. Civil Aviation Safety Authority (CASA) can impose penalties for non-compliance, including fines and potential revocation of operational permits. For example, failing to follow the seat belt requirements or carrying passengers in non-approved locations without CASA’s permission could result in significant penalties. Under the Legislative Instruments Act 2003 (LIA), the instrument issued by CASA in this case is a disallowable instrument, subject to tabling and disallowance in the Parliament. This legislative scrutiny underscores the importance of compliance with safety regulations to avoid potential civil and criminal liabilities, including fines and imprisonment for serious breaches affecting air navigation safety.