CASA EX03/06 - Exemption – training and checking organisation, flight check system

Overview

The Civil Aviation Regulations 1988 were amended in 2006 to introduce an exemption for certain firefighting aircraft, specifically the MIL-8 multi-engine helicopter, from certain regulatory requirements. This amendment was introduced to address the impracticality of adhering to strict regulatory requirements for these aircraft, given their unique operational context and the transient nature of their employment contracts. The Civil Aviation Safety Authority (CASA) has the authority to make such exemptions under Section 98 of the Civil Aviation Act 1988, with the primary objective of ensuring safety while accommodating the practicalities of firefighting operations. The exemption exempts operators of these large, multi-engine firefighting helicopters from having to establish a training and checking organisation and from the need to separately approve a flight check system. Instead, it imposes conditions that ensure the aircraft are operated by suitably qualified pilots and that appropriate records are maintained. This legislative instrument is subject to parliamentary scrutiny under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, particularly regulation 308, provide the Civil Aviation Safety Authority (CASA) with the authority to exempt certain aircraft and their associated personnel from specific regulatory requirements, provided such exemptions do not compromise safety. This regulation empowers CASA to tailor regulatory frameworks to unique operational contexts, ensuring flexibility while maintaining a robust safety standard. The exemption pertains to large, multi-engine firefighting helicopters with a maximum take-off weight exceeding 5,700 kg, which would typically be subject to the requirements of having a training and checking organisation and a flight check system as per CAR 217 and CAR 232, respectively. However, given the impracticality of endorsing CASA inspectors on the type and the specific operational nature of these aircraft, the exemption relieves operators from these requirements. The exemption is subject to stringent conditions, including the necessity for operators to hold a discrete Air Operator Certificate (AOC) for firefighting purposes only and for the operator’s Chief Pilot to verify crew qualifications and training documents. Additionally, the exemption mandates compliance with the Civil Aviation Administration of the Republic of Moldova's requirements for flight check systems, ensuring a consistent safety framework is upheld. The exemption, as a disallowable instrument under the Legislative Instruments Act 2003, must be tabled and can be disallowed by Parliament, though it is effective from the day after registration until 30 April 2006. This regulation applies nationally, covering any operator who requests the exemption and meets the specified safety conditions.

Key Provisions

The primary operative sections of this regulation are 308(1), 308(2), 308(3), and 217(1) of the Civil Aviation Regulations 1988 (CAR 1988). Section 308(1) allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or related parties from certain provisions of the CAR 1988. However, subregulation 308(2) requires CASA to consider safety-related factors before granting an exemption, and subregulation 308(3) allows CASA to impose conditions on such exemptions to ensure safety. Regulation 217(1) mandates that operators of aircraft weighing more than 5,700 kg must provide a training and checking organisation, though specific exemptions apply. This regulation exempts operators of certain large, multi-engine firefighting helicopters from the need to establish a training and checking organisation and from the requirement to have a flight check system separately approved by CASA. The obligations imposed by this regulation on the parties it governs include the necessity for operators of large multi-engine firefighting helicopters to hold a discrete Air Operator Certificate (AOC) for these aircraft, which can only be used for firefighting purposes. Pilots must comply with the Civil Aviation Administration of the Republic of Moldova’s regulations and the operator’s check and training proficiency requirements. The operator's Chief Pilot is responsible for verifying and maintaining records of the crew's licences and proficiency check documents. Additionally, the operator must ensure that their flight check system complies with the Civil Aviation Administration of the Republic of Moldova’s requirements. This system should detail the procedures for the pilot in command and other crew members before and during take-off, landing, and emergency situations. Any breach of this regulation may lead to civil or criminal consequences, although specific penalties are not outlined in the regulation itself. Given the regulatory context, potential penalties for non-compliance could include fines, suspension or revocation of the operator's AOC, and legal action under the Civil Aviation Act 1988. The exemptions and conditions are subject to disallowance under the Legislative Instruments Act 2003, meaning they can be reviewed and potentially disallowed by Parliament if found to be inconsistent with law or policy. The exemption ceases to have effect at the end of 30 April 2006, unless otherwise extended or renewed.