CASA EX30/16 - Exemption — from life jacket standard (Jayrow Helicopters)

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

Legislation au F2016L00275 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and safeguard the public in the event of an aircraft accident or incident. The regulations were introduced to address the need for stringent safety standards in the aviation industry, particularly regarding emergency equipment and procedures. The Civil Aviation Safety Regulations 1998 are a legislative instrument made under the authority of the Civil Aviation Act 1988, empowering the Civil Aviation Safety Authority (CASA) to regulate the safety of air navigation. The policy objective of these regulations is to enhance aviation safety by setting and enforcing stringent standards for aircraft, personnel, and equipment. In 2016, CASA issued an exemption to Jayrow Helicopters Pty Ltd, allowing the operator, pilots in command of their helicopters, and persons directly involved in shore-to-ship transfer operations to use SOS-6167-8 personal flotation devices, which, although not approved by CASA, meet the agency's safety standards with some advanced features requiring specialist user training. This exemption was granted to ensure the safety of personnel involved in the transfer operations, subject to specific conditions set by CASA. The exemption was made under the authority of the Civil Aviation Safety Regulations 1998 and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. CASA considers this exemption to be of beneficial effect to the operator's marine transfer operations and will consider issuing similar exemptions to other operators if there is a safety need. The instrument has been deemed compatible with human rights as it does not raise any human rights issues. The exemption instrument is set to expire at the end of January 2019, as if it had been repealed by another instrument.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation and the operation of aircraft in Australia. Specifically, the instrument CASA EX30/16 grants an exemption from certain life jacket standards to Jayrow Helicopters Pty Ltd, the pilots in command of its helicopters, and personnel involved in shore-to-ship transfer operations. This exemption allows the use of SOS-6167-8 personal flotation devices, which, while meeting CASA's safety standards, have advanced features requiring specialist user training. The exemption applies to the specific context of the operator's helicopter-based marine pilot transfer operations and is subject to stringent conditions to ensure aviation safety. These conditions include the requirement for transfer personnel to undergo annual training in the deactivation of the life jackets' auto-inflation feature, understanding the dangers of auto-inflation, and helicopter emergency escape procedures. Additionally, pilots in command must deactivate the auto-inflation function before takeoff, and the life jackets must pass annual servicing and testing. The exemption is in effect for the operator's helicopters and personnel involved in the specified operations and expires at the end of January 2019, subject to potential renewal based on safety needs and further consultation. The instrument is a legislative instrument, subject to tabling and disallowance in the Parliament, and is compatible with human rights, as it does not engage any applicable rights or freedoms.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998, as applied in CASA EX30/16, allow Jayrow Helicopters Pty Ltd, pilots in command of its helicopters, and personnel involved in shore-to-ship transfer operations to use SOS-6167-8 personal flotation devices (PFDs) despite these not being approved by the Civil Aviation Safety Authority (CASA) (section 11.160). The exemption is contingent on compliance with specific conditions designed to ensure safety, including mandatory training for personnel in deactivation of the auto-inflation feature of the PFDs, recognition of the dangers associated with auto-inflation, and emergency escape procedures (section 11.225). Additionally, pilots in command must deactivate the auto-inflation function of all SOS-6167-8 PFDs before taking off, and these PFDs must possess specified features and pass annual servicing and testing (section 11.230). The obligations imposed by the Act require Jayrow Helicopters to ensure that all transfer personnel undergo training every 12 months, which includes instruction on deactivating the auto-inflation feature of the life jackets, recognising the risks of auto-inflation, and understanding helicopter emergency escape procedures. The operator must also keep detailed records of this training and the annual servicing and testing of the SOS-6167-8 PFDs. Furthermore, pilots in command must ensure the auto-inflation function of the PFDs is deactivated before flight, and the PFDs must meet specified requirements and pass annual inspections. The operator is additionally required to ensure that all pilots in command and transfer personnel understand the conditions of the exemption and comply with them. The Act provides for several potential consequences for non-compliance with the exemption conditions. First, it is an offence under regulation 252 of the Civil Aviation Regulations 1988 to contravene a direction issued by CASA, with potential penalties including fines and imprisonment. Further, under subregulation 11.225 of the Civil Aviation Safety Regulations 1998, failure to comply with the conditions of the exemption may result in CASA taking enforcement action, which could include the revocation of the exemption. Additionally, the instrument is subject to disallowance under the Legislative Instruments Act 2003, meaning that if CASA issues an exemption affecting a Civil Aviation Order, Parliament has the authority to review and potentially disallow the exemption. Non-compliance with the conditions of the exemption may thus have significant legal repercussions, including potential fines, imprisonment, and the possibility of the exemption being revoked or disallowed.

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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.