CASA EX23/05 - Exemption - from requirement to have training and checking organisation

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation, as empowered by Section 98 of the Civil Aviation Act 1988. The Parliament established these regulations to create a comprehensive framework governing civil aviation activities in Australia. One particular gap addressed by these regulations is the need for flexibility in compliance requirements to accommodate unique operational circumstances while maintaining stringent safety standards. The instrument CASA EX23/05, issued by the Civil Aviation Safety Authority (CASA) as a delegate under subregulation 7(1) of CAR 1988, provides an exemption from the requirement for a training and checking organisation for specific fire-fighting helicopters, such as the Erickson Air-Crane S-64, which have a maximum take-off weight exceeding 5,700 kg. This exemption, effective from 1 July 2005 until the end of June 2006, allows operators like Helicorp Pty Ltd to conduct essential fire-fighting operations without the necessity of establishing a CAR 1988 organisation, provided that FAA-licensed pilots meet the required competency standards and the aircraft are only used for firefighting purposes. This approach ensures an equivalent level of safety by leveraging existing international standards and training programmes.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 allows for exemptions from specific regulatory requirements to be granted by the Civil Aviation Safety Authority (CASA) in the interest of safety. This regulatory framework is designed to maintain a high level of safety in air navigation while providing necessary flexibility to accommodate certain operational realities. Regulation 308 of CAR 1988 provides the authority for CASA to exempt aircraft or persons associated with the operation of aircraft from specified provisions, subject to conditions deemed necessary for safety. This particular exemption pertains to the requirement for operators of aircraft with a maximum take-off weight exceeding 5,700 kg to have a training and checking organisation, as outlined in regulation 217. However, this regulation does not apply to virtually all single-engine aircraft engaged in aerial work operations, as covered by CASA instrument EX24/2002. The exemption applies specifically to the Erickson Air-Crane S-64 helicopter operated by Helicorp Pty Ltd for fire-fighting purposes in Australia. Given the helicopter's multi-engine configuration and substantial take-off weight, it falls under the regulatory requirement to have a training and checking organisation. Nevertheless, the exemption recognises the impracticality of endorsing CASA Flying Operations Inspectors on type for the short-term, contract-based nature of the fire-fighting operations. Instead, the exemption allows for an equivalent level of safety by requiring that FAA-licensed pilots meet the competency requirements stipulated by both the Federal Aviation Administration and Erickson's training and checking program. The exemption is subject to conditions, including the necessity for Helicorp Pty Ltd to hold a discrete Air Operator's Certificate for the aircraft, which can only be used for fire-fighting purposes, and the Chief Pilot must verify and retain copies of the crew’s licences and proficiency check documents. This exemption instrument, CASA EX23/2005, is a legislative instrument subject to the Legislative Instruments Act 2003, and it will be in effect from 1 July 2005 until the end of June 2006.

Key Provisions

Subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or persons associated with the operation of such aircraft from compliance with specified provisions of CAR 1988. This exemption is contingent upon CASA considering relevant safety considerations as per subregulation 308(2) and imposing conditions deemed necessary for safety under subregulation 308(3). Subregulation 217(1) requires that operators of aircraft with a maximum take-off weight exceeding 5,700 kg must provide a training and checking organisation, but certain exemptions apply, such as CASA instrument EX24/2002 for single-engine aircraft engaged in aerial work operations like firefighting. The obligations imposed by this legislation require the operator of the Erickson Air-Crane S-64 helicopter, which is a multi-engine aircraft with a maximum take-off weight over 5,700 kg, to hold a discrete Air Operator’s Certificate (AOC) for the aircraft. The aircraft can only be used for firefighting purposes, and only pilots who meet the Federal Aviation Administration (FAA) and Erickson’s training and checking proficiency requirements are allowed to fly the aircraft. The operator’s Chief Pilot must inspect and retain copies of the crew’s licences and proficiency check documents to ensure compliance with safety standards. Failure to comply with the conditions of the exemption could result in serious civil or criminal consequences. As the exemption is a disallowable instrument under the Legislative Instruments Act 2003 (LIA), it is subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the LIA was not undertaken in this instance, the exemption is still required to be tabled and can be disallowed by Parliament. The exemption comes into effect on 1 July 2005 and ceases to have effect at the end of June 2006. The Deputy Chief Executive and Chief Operating Officer of CASA, who is a delegate of CASA, made the exemption in accordance with subregulation 7(1) of CAR 1988.