CASA 78/12 - Permission and direction - helicopter operations (Aeropower)

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

Legislation au F2012L00579 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Permission and direction — helicopter operations (Aeropower)

 

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 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of an aircraft in flight must not allow persons or objects to be picked up by the aircraft. Under subregulation 151 (3), CASA may give prior written authority for the pilot to do so, subject to conditions specified in the authority.

 

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.

 

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.

 

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.

 

The instrument allows Aeropower Pty Ltd (the operator) to carry out certain operations for which permissions and directions mentioned above are required. The operations are to disembark or embark passengers onto or from transmission line tower structures for maintenance purposes and to carry out training for such operations.

 

Under Schedule 2, the operations may only 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 an instrument that in any way affects the operation of the CAO, 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 is one of a number of instruments, prepared at the request of operators, to allow specialised helicopter operations to be carried out.

 

Compatibility with human rights and freedoms

This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Human rights implications

The instrument sets out technical requirements as described above. The instrument does not engage any of the applicable rights or freedoms.

 

Commencement and delegation

The instrument came into effect on the day after registration and stops having effect at the end of February 2015.

 

The instrument has been made by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.

 

[Instrument number CASA 78/12]

Overview

The Civil Aviation Regulations 1988, as amended by F2012L00579, were enacted to address the need for specific permissions and directions concerning helicopter operations, particularly those involving the unique activities of Aeropower Pty Ltd. This regulation was introduced by the Civil Aviation Safety Authority (CASA) under the authority of section 98 of the Civil Aviation Act 1988, with a primary focus on ensuring the safety of air navigation. The policy objective behind these regulations is to provide clear guidance and conditions for specialised helicopter operations, such as the embarkation and disembarkation of passengers from transmission line tower structures for maintenance purposes, while ensuring compliance with safety standards. The instrument, which came into effect on the day after its registration, sets out the technical requirements and conditions under which Aeropower can operate, ensuring that all activities are conducted safely and in accordance with CASA's approvals and directions.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) governs the safety and operation of aircraft in Australia, and under this framework, the instrument F2012L00579 provides specific permissions and directions for Aeropower Pty Ltd to conduct specialised helicopter operations. This includes the ability to embark or disembark passengers onto or from transmission line tower structures for maintenance and training purposes. The operations are strictly governed by instructions approved by the Civil Aviation Safety Authority (CASA) and detailed in Aeropower's operations manual. The regulations apply to Aeropower as the operator and its pilots in command, ensuring compliance with safety standards for air navigation. Geographically, the regulations apply nationally across Australia. The instrument is a legislative instrument under the Legislative Instruments Act 2003, affecting certain provisions of the Civil Aviation Orders and is thus subject to disallowance by Parliament. It is important to note that while the instrument sets technical requirements for these operations, it does not engage any human rights or freedoms as recognised by relevant international instruments.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this legislation include subregulation 151(1) and (3) concerning the prohibition on picking up persons or objects by an aircraft, and the conditions under which an exception can be made; subregulation 207(2) and (3) about the requirement for aircraft to be equipped with approved equipment and to comply with CASA’s directions; subregulation 250(1) to (3) dealing with the prohibition on carrying persons on aircraft wings or undercarriage, and the conditions under which exceptions can be granted; and subregulation 251(1) and (9) concerning the wearing of seat belts, including exceptions that can be made by CASA. The Civil Aviation Order (CAO) 20.16.3 also specifies requirements for seat occupancy and the use of seat belts under certain flight conditions. These provisions collectively ensure that helicopter operations are conducted safely, with specific attention to passenger safety and aircraft equipment. The obligations imposed by this legislation on Aeropower Pty Ltd and other entities governed by it are substantial. Aeropower must ensure that all helicopter operations are conducted in strict accordance with the instructions approved by the Civil Aviation Safety Authority (CASA), as detailed in their operations manual. This includes compliance with equipment requirements, seating arrangements, and the prohibition on carrying passengers on aircraft wings or undercarriage, unless specific permissions have been obtained. The operators must also ensure that all crew members and passengers wear seat belts, except where CASA has directed otherwise. Additionally, Aeropower must adhere to any specific conditions set by CASA when granting permissions or directions. Any breach of the provisions set out in the CAR 1988 and CAO 20.16.3 can result in serious consequences. Civil Aviation Safety Authority has the authority to enforce these regulations, and violations can lead to penalties. While the specific penalties are not detailed in the explanatory statement, breaches of civil aviation regulations can generally result in fines, enforcement actions, or other regulatory penalties. In severe cases, non-compliance could lead to the suspension or revocation of an operator’s licence, thereby impacting their ability to conduct any operations. It is essential for operators to comply with these regulations to avoid such adverse outcomes.

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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.