CASA 686/08 - Permission and direction - helicopter special operations

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, serve to ensure the safety and regulation of air navigation within Australian airspace. This legislation empowers the Civil Aviation Safety Authority (CASA) to establish and modify regulations that govern various aspects of civil aviation, including the safe operation of aircraft. One of the key purposes of this Act is to provide flexibility in emergency situations where standard procedures might not be feasible or safe, particularly in special operations such as search and rescue, law enforcement, and firefighting. The Act and its accompanying regulations aim to balance the need for stringent safety measures with the practical requirements of aviation operations, ensuring that both the public and aviation personnel are protected while maintaining the efficiency and effectiveness of air services.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern the safety of air navigation in Australia and include provisions that specifically address helicopter special operations. The instrument allows for passengers to be carried on the undercarriage of a helicopter during special operations, such as search and rescue, law enforcement, firefighting, or training for these operations, when landing is not possible or safe. This applies to operators specified in Schedule 2, with additional provisions for equipment and safety measures outlined in Schedule 3. Notably, this instrument allows for deviations from standard safety requirements, such as not wearing a seat belt or occupying a seat at heights below 1000 feet above the terrain when the helicopter is hovering for passenger boarding or disembarkation during these operations. This provision is intended to facilitate safer emergency operations or training for such operations when conducted by suitably trained and experienced personnel. The instrument also revokes and replaces a previous instrument, updating the list of approved operators to include an additional operator, Becker Helicopter Services Pty Ltd. It is subject to disallowance under the Legislative Instruments Act 2003, though consultation under this Act was not undertaken due to the nature of the amendment. The instrument will cease to have effect at the end of 31 July 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide specific provisions concerning helicopter special operations. Under Subregulation 250(2) of CAR 1988, it is stipulated that a person may be carried on, or in a part of, an aircraft that is not designed for the accommodation of the crew or passengers, provided that this is done with the permission of the Civil Aviation Safety Authority (CASA) for flights of a particular kind. This permission can include carrying individuals on the wings or undercarriage of the aircraft. Subregulation 250(3) further allows CASA to specify conditions under which such carriage is permissible. Additionally, Subregulation 251(1) of CAR 1988 mandates that seat belts must be worn by all crew members and passengers, particularly when the aircraft is flying at less than 1,000 feet above the terrain. However, Subregulation 251(9) provides that CASA can direct that a seat belt need not be worn under specific circumstances, such as during the hover for special operations. Operators and pilots governed by these regulations have specific obligations and requirements. Firstly, they must ensure that any carriage of persons on parts of the aircraft not designed for passenger accommodation is conducted with explicit permission from CASA and under any conditions specified by CASA. This includes adherence to safety standards and operational protocols tailored to the unique demands of special operations. Secondly, they must ensure that all crew members and passengers wear seat belts unless CASA has issued a direction otherwise. This is particularly important when operating at heights below 1,000 feet above the terrain, except when such operations are conducted under special circumstances approved by CASA. Operators must also ensure that their aircraft are equipped and used in accordance with CASA's approvals or directions, including carrying approved emergency equipment as specified under Subregulation 207(2) and (3) of CAR 1988. Breach of these regulations can lead to significant legal consequences. Under the Civil Aviation Act 1988, violations of the specified provisions can result in both civil and criminal penalties. For instance, operating an aircraft in a manner that contravenes the regulations, such as carrying passengers on non-designated parts of the aircraft without proper authorisation, can lead to fines and imprisonment. The exact penalties depend on the severity of the breach and can include substantial fines for corporations, as well as potential imprisonment for individuals responsible for the operation. Additionally, CASA retains the authority to take enforcement actions, including grounding aircraft, revoking operating licenses, and imposing further administrative penalties.