CASA 62/09 – Permission and direction – helicopter special operations

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

Legislation au F2009L00244 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

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.

Subregulation 250 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the operator of an aircraft and the pilot in command must not permit a person to be carried on the wings or undercarriage of the aircraft. Subregulation 250 (2) provides that a person may, with the permission of CASA given in respect of flights of a particular kind, be carried on, or in a part of, an aircraft that is not designed for the accommodation of the crew or passengers. Subregulation 250 (3) provides that CASA may, when granting a permission, specify conditions subject to which a person may be carried.

Subregulation 251 (1) of CAR 1988 provides that 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.

Subregulation 207 (2) of CAR 1988 provides that an Australian aircraft must not be used in any class of operations unless it is fitted with or carries such equipment, including emergency equipment, as CASA approves or directs. Subregulation 207 (3) provides that the equipment must be fitted, carried or used in accordance with the directions (if any) of CASA. Subregulation 207 (4) provides that 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 provides that seat belts must also be worn at certain times.

This instrument allows passengers in a helicopter 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 the purpose of permitting a passenger to leave or board the helicopter during the special operation.

A special operation is described in Schedule 1 as a search and rescue operation, law enforcement operation, firefighting operation or training for one of those operations 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, therefore, designed to facilitate such emergency operations (or training for them) by operators whom CASA considers are capable of conducting them safely.

Schedule 2 specifies the operators to whom the instrument applies. Schedule 3 contains a condition that the operations must 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 a direction, instruction, notification, permission, approval or authority that in any way affects the operation of the CAO, the later document 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 applies to 2 operators who had been inadvertently omitted when a previous instrument, CASA 686/08, which contained their names was re-issued.

The instrument commences on the day after it is registered and stops having effect at the end of 31 July 2010.

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

 

[Instrument number CASA 62/09]

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation, as mandated by the Civil Aviation Act 1988. This particular instrument, F2009L00244, was introduced to address a specific gap in the regulations concerning helicopter special operations. It allows passengers to be carried on the undercarriage of a helicopter during the hover, a practice deemed safer under certain conditions by the Civil Aviation Safety Authority (CASA). The authority to create this regulation stems from the Governor-General's power to make regulations in the interests of air navigation safety, as provided by section 98 of the Act. The overarching policy objective is to facilitate safer boarding and deboarding procedures during special operations like search and rescue, law enforcement, and firefighting, where landing may not be possible or safe. This regulation applies to specified operators as detailed in Schedule 2 and must be conducted in accordance with CASA-approved instructions outlined in the operator's operations manual, as stipulated in Schedule 3.

Scope and Application

This instrument applies to operators of helicopters engaged in special operations as defined in Schedule 1 of the Civil Aviation Regulations 1988, such as search and rescue, law enforcement, and firefighting operations, where landing is not possible or safe. Specifically, the instrument applies to two operators listed in Schedule 2, who were inadvertently omitted from a previous instrument. The purpose of this legislation is to allow these operators to carry passengers on the helicopter's undercarriage during the hover for boarding and leaving the helicopter, and to exempt passengers from wearing seat belts or occupying a seat at heights less than 1,000 feet above the terrain during the hover. This is intended to facilitate emergency operations or training for such operations where hovering is deemed safer than live-load winching. The instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 and commences on the day after registration, expiring on 31 July 2010. The instrument is issued by a delegate of CASA under subregulation 7(1) of the Civil Aviation Regulations 1988.

Key Provisions

The Civil Aviation Regulations 1988, as amended by the legislative instrument F2009L00244, introduce specific provisions for helicopter special operations. Section 250(2) allows for exceptions to the general rule that prohibits carrying persons on the wings or undercarriage of an aircraft, provided that the Civil Aviation Safety Authority (CASA) grants permission for flights of a particular kind. This permission may include carrying individuals on the undercarriage of a helicopter engaged in special operations, such as search and rescue, law enforcement, or firefighting, when landing is not feasible or safe. Subregulation 251(1) mandates that seat belts must be worn by crew members and passengers under certain conditions, including when the aircraft is flying below 1,000 feet above the terrain. However, subregulation 251(9) allows CASA to direct that seat belts need not be worn in specific circumstances, such as during helicopter operations in the hover for passenger boarding or disembarking during special operations. Operators and pilots must adhere to the conditions specified by CASA when granted permission to conduct special operations. These conditions are detailed in the operator's operations manual, which must be approved by CASA. The operations must strictly follow these instructions to ensure safety. Additionally, under subregulation 207(2), Australian aircraft must be equipped with the necessary equipment, including emergency equipment, as approved or directed by CASA. This equipment must be used in accordance with CASA's directions, with safety of air navigation being the primary consideration. Failure to comply with the provisions of this instrument can result in significant consequences. Under the Civil Aviation Act 1988, operators and pilots who do not adhere to the regulations may face penalties. The maximum penalties for breaches can include substantial fines and potential imprisonment, reflecting the seriousness of ensuring air navigation safety. The instrument is also subject to disallowance in the Parliament under the Legislative Instruments Act 2003, adding another layer of accountability and oversight. This ensures that any changes affecting the operation of the Civil Aviation Order 20.16.3 are transparent and subject to parliamentary review.

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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.