CASA 640/08 – Authorisation, permission and direction – helicopter special operations

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

Legislation au F2008L04569 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 operations 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, law enforcement, 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 each of a number of operators whom CASA considers is capable of conducting them safely. This follows CASA’s assessment of an application from each operator and the taking into account of the interests of the safety of air navigation in each case. Only Skyplan Australia Pty Ltd, trading as Rotor-lift Aviation and Rotor-lift Helicopters, 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, have permission to engage in special operations involving law enforcement or related training.

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

Legislative Instruments Act

Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order, and CASA later issues an instrument that in any way affects the operation of the Order, 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 revokes a previous instrument issued for the same reasons and includes 2 new operators, the State of New South Wales acting through the Department of Environment and Climate Change and Gemmell Helicopters Pty Ltd. 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 2010.

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

 

[Instrument number CASA 640/08]

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation in Australia, providing a comprehensive regulatory framework governing civil aviation activities. This legislation was introduced to address the need for stringent safety regulations in the aviation industry, including the operation of aircraft and the management of air traffic. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, with the primary policy objective being the safety of air navigation. The Civil Aviation (Helicopter Special Operations) Instrument 2008, issued by the Civil Aviation Safety Authority (CASA), facilitates emergency operations such as search and rescue, law enforcement, and firefighting by allowing specially trained operators to carry passengers on the undercarriage of helicopters in the hover, under specific conditions. This instrument aims to provide a safer alternative to live-load winching in situations where landing is not possible or safe, while ensuring compliance with the overarching safety objectives outlined in the CAR 1988.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the instrument F2008L04569, specifically pertain to the authorisation, permission, and direction of helicopter special operations. This regulation applies to entities and individuals involved in such operations, particularly those engaged in search and rescue, law enforcement, firefighting, or related training activities. Notably, only certain operators, namely Skyplan Australia Pty Ltd trading as Rotor-lift Aviation and Rotor-lift Helicopters, the State of Queensland acting through Emergency Management Queensland Helicopter Rescue, the State of Victoria acting through Victoria Police Air Wing, the State of New South Wales acting through the Department of Environment and Climate Change, and Gemmell Helicopters Pty Ltd, are permitted to conduct these operations. The instrument grants these approved operators the authority to carry passengers on the helicopter undercarriage during the hover for boarding or leaving, and to allow passengers not to wear seat belts or occupy seats when the helicopter is at a height of less than 1,000 feet above the terrain for the same purpose. The operations must strictly adhere to the instructions set out in each operator’s operations manual, which must be approved by CASA. This regulation extends to national airspace and is subject to disallowance in the Parliament under the Legislative Instruments Act 2003. The instrument is effective from the day after its registration and ceases to have effect on 31 December 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain several key provisions relevant to helicopter special operations. Under subregulation 151(3), the Civil Aviation Safety Authority (CASA) can provide written authority for a helicopter to pick up a person or object while in flight. This authority is crucial for operations where immediate action is required. Furthermore, subregulation 250(2) allows CASA to permit individuals to be carried on or within parts of an aircraft not designed for such purposes, provided that specific conditions are met. These conditions can be detailed under subregulation 250(3). Additionally, subregulation 251(1) mandates that seat belts must be worn by all crew members and passengers in various scenarios, including when the aircraft is below 1,000 feet above the terrain, although CASA may exempt this requirement under subregulation 251(9). Moreover, subregulation 207(2) and (3) stipulate that Australian aircraft must be equipped and used in accordance with CASA's approval and directions, particularly focusing on safety in air navigation. The Act imposes certain obligations on the parties involved in helicopter special operations. Operators and pilots must adhere to the conditions set forth in their operations manual, which must be approved by CASA. This includes ensuring that all personnel involved in special operations are suitably trained and experienced. Operators must also ensure that their aircraft are equipped with the necessary emergency equipment as approved by CASA. Furthermore, operators must follow CASA's directions regarding seat belt usage and the occupation of approved seats, particularly when the aircraft is flying below 1,000 feet above the terrain. These requirements are designed to maintain the highest safety standards during special operations. Breach of the provisions outlined in the CAR 1988 can lead to severe consequences. Under the Civil Aviation Act 1988, individuals or entities that do not comply with the regulations can face both civil and criminal penalties. For instance, operating an aircraft without the necessary equipment or in violation of CASA's directions can result in fines and imprisonment. Specifically, under section 128 of the Civil Aviation Act 1988, the maximum penalty for non-compliance can be significant, including fines of up to $210,000 for corporations and imprisonment for up to five years for individuals. Additionally, CASA has the authority to issue directions and impose penalties for non-compliance, further ensuring adherence to safety regulations. The seriousness of these penalties underscores the importance of strict compliance with the Act's provisions.

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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.