Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — from life jacket standard (Jayrow Helicopters)
Purpose
The instrument of exemption allows Jayrow Helicopters Pty Ltd (the operator), pilots in command of the operator’s helicopters, and persons directly involved in shore to ship transfer operations conducted by the operator to use SOS-6167-8 personal flotation devices manufactured by Case Investments Pty Ltd, trading as SOS Marine (SOS-6167-8 PFDs), notwithstanding that these life jackets have not been approved for use by CASA. The SOS‑6167-8 PFDs are life jackets that otherwise meet CASA’s safety standards, but have some advanced features that require specialist user training.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation.
Regulation 252 of the Civil Aviation Regulations 1988 (CAR 1988) empowers CASA to give directions, in relation to emergency systems and equipment to be provided on aircraft, that CASA considers are necessary to safeguard the aircraft and persons on board. It is an offence for a person to contravene a direction. Under subregulation 5 (1) of CAR 1988, where CASA may issue directions under CAR 1988, it may do so in the form of a Civil Aviation Order (CAO).
CAO 20.11 is made under regulation 252 of CAR 1988 and deals with emergency and lifesaving equipment and passenger control in emergencies. Among other things, paragraph 5.1.1 of CAO 20.11 requires aircraft to be equipped with 1 life jacket for each occupant when the aircraft is operating over water at a specified distance from land. Paragraph 5.1.6 requires that life jackets must: (a) comply with a standard approved by CASA; (b) be of an inflatable type; and (c) except for an infant life jacket — have a whistle fitted.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of a CAO in relation to matters affecting the safe navigation and operation of aircraft.
Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Background
SOS-6167-8 PFDs are life jackets that have an auto-inflation feature and a load rated harness buckle system. The auto-inflation feature can be armed and disarmed by the life jacket user, and the harness buckle system is a complex system able to be operated by a trained user. The SOS-6167-8 PFDs, also referred to as SOS Marine PFD1 constant wear life jackets, are not approved for use by CASA (Airworthiness Bulletin 25-027 refers). The SOS-6167-8 PFDs are, however, devices that would otherwise be of a type and quality that meets CASA emergency equipment standards.
The operator conducts shore to ship transfer operations for marine pilots on behalf of the Port Hedland Marine Pilots Group. These transfer operations involve lowering the marine pilot (that is, a ship vessel captain) from a helicopter to the ship in order to allow the marine pilot to guide the ship to shore. Due to the nature of these transfer operations, the marine pilot and other flight crew directly involved in the operations are required to wear life jackets at all times.
The operator has proposed to use SOS-6167-8 PFDs which offer an equivalent or greater level of safety for the purposes of the transfer operations. Accordingly, the operator has requested that an exemption be issued from the requirement that life jackets installed on aircraft be of a standard approved by CASA (subparagraph 5.1.6 (a) of CAO 20.11).
Instrument
CASA EX30/16 applies to helicopters operated by the operator as well as flight crew, marine pilots and other persons (collectively defined as transfer personnel) involved in the transfer operations. The instrument exempts helicopters and transfer personnel from compliance with subparagraph 5.1.6 (a) of CAO 20.11, but only in relation to the requirement that the SOS‑6167-8 PFDs must comply with a CASA standard. The instrument also exempts the operator, and a pilot in command of the operator’s helicopters, from compliance with regulation 252 of CAR 1988 which, in effect, allows the operator and the pilot in command to use SOS-6167-8 PFDs in contravention of the direction in subparagraph 5.1.16 (a) of CAO 20.11.
A number of conditions are imposed on the operator and on pilots in command in the interests of aviation safety. The operator must ensure that transfer personnel are suitably trained, including in: deactivation of the auto-inflation feature of the life jackets; recognising the dangers of auto-inflation; and helicopter emergency escape procedures. This training must be conducted on a 12 month cycle. Before taking off in a helicopter carrying SOS-6167-8 PFDs, the pilot in command must ensure that the auto-inflation function of all the SOS-6167-8 PFDs are deactivated. The SOS-6167-8 PFDs must have specified features and must have passed annual servicing and testing. The operator must keep records of transfer personnel training and annual servicing and testing of the SOS-6167-8 PFDs in accordance with emergency and role equipment record keeping procedures set out in the operator’s operations manual. Finally, the operator must ensure that pilots in command and transfer personnel understand the instrument and its conditions.
Legislative Instruments Act 2003 (the LIA)
Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. Under subparagraph 6 (d) (i) of 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. CAR 1988 was in force before the commencement of the LIA.
This instrument affects the operation of subparagraph 5.1.6 (a) of CAO 20.11 and is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The operator has requested this instrument and has provided CASA with a satisfactory safety case. It is of beneficial effect to the operator’s marine transfer operations and CASA will consider issuing similar exemptions to other operators should there be a safety need. It is CASA’s view that no further consultation under section 17 of the LIA is necessary or appropriate.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day of registration and expires at the end of January 2019, as if it had been repealed by another instrument.
[Instrument number CASA EX30/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — from life jacket standard (Jayrow Helicopters)
This legislative 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.
Overview of the legislative instrument
The legislative instrument allows Jayrow Helicopters Pty Ltd (the operator), pilots in command of the operator’s helicopters, and persons directly involved in shore to ship transfer operations conducted by the operator to use SOS-6167-8 personal flotation devices manufactured by Case Investments Pty Ltd, trading as SOS Marine (SOS-6167-8 PFDs), notwithstanding that these life jackets have not been approved for use by CASA. The SOS‑6167-8 PFDs are life jackets that otherwise meet CASA’s safety standards, but have some advanced features that require specialist user training.
The instrument is subject to conditions imposed by CASA in the interests of aviation safety.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority