CASA EX47/05 - Exemption – training and checking organisation, flight check system

Overview

The Civil Aviation Regulations 1988 (CAR 1988), enacted under the Civil Aviation Act 1988, were amended by the instrument F2005L02738 to address safety concerns related to the operation of the Sikorsky CH-54B Skycrane helicopter, a multi-engine aircraft used for firefighting in Australia. The primary issue was the impracticality of endorsing CASA Flying Operations Inspectors on type due to the short-term nature of firefighting contracts. To ensure safety without imposing excessive regulatory burdens, the instrument exempts operators of such aircraft from specific regulatory requirements. The instrument was enacted by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7(1) of CAR 1988. The exemption conditions ensure that operators maintain a flight check system compliant with FAA requirements and verify crew proficiency checks, thereby mitigating safety risks while accommodating operational realities.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the exemption instrument CASA EX47/05, provide for the exemption of operators of certain large multi-engine aircraft from specific regulatory requirements while ensuring an equivalent level of safety. This exemption applies to operators of large, multi-engine aircraft with a maximum take-off weight exceeding 5,700 kg, which are primarily used for aerial firefighting operations in Australia. While these aircraft fall under the purview of Civil Aviation Safety Authority (CASA) regulation 217, which mandates the establishment of a training and checking organisation, the exemption instrument CASA EX47/05 exempts these operators from this requirement. This exemption is granted on the condition that operators must hold a discrete Air Operator’s Certificate (AOC) for the aircraft, which may only be used for fire-fighting purposes. Additionally, the exemption requires operators to ensure that only pilots meeting the Federal Aviation Administration (FAA) and operator's training and proficiency requirements fly the aircraft. The operator's Chief Pilot must verify the crew's licences and proficiency check documents. Furthermore, while regulation 232 of the Civil Aviation Regulations 1988 requires the establishment of a flight check system, the exemption instrument CASA EX47/05 exempts these operators from this requirement, stipulating instead that the flight check system must comply with FAA requirements. This exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 and commences on 1 October 2005, ceasing to have effect on 30 April 2006.

Key Provisions

The main operative sections of this legislation are sections 308 and 217 of the Civil Aviation Regulations 1988 (CAR 1988), which pertain to exemptions from certain regulatory requirements and the need for a training and checking organisation, respectively. Section 308(1) allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with their operation from specific CAR 1988 provisions. Section 308(2) mandates that CASA consider safety-related factors before granting such exemptions, while section 308(3) enables CASA to impose conditions on exemptions deemed necessary for safety. Section 217(1) requires aircraft operators with a maximum take-off weight exceeding 5,700 kg to provide a training and checking organisation, although this requirement is partially exempted for specific aerial work operations. The obligations imposed on parties governed by this legislation include ensuring compliance with the exemption conditions. For operators of the Sikorsky CH-54B Skycrane helicopter, this means holding a discrete Air Operator’s Certificate (AOC) for fire-fighting purposes and ensuring that only qualified pilots fly the aircraft. The operator must verify crew members’ licences and proficiency check documents, and maintain a flight check system that meets Federal Aviation Administration (FAA) requirements. These measures ensure that the level of safety remains equivalent to what would be achieved under a CAR 217 organisation. The legislation outlines specific consequences for breaches of the conditions set forth in the exemption. While the Civil Aviation Regulations 1988 do not explicitly state penalties for non-compliance, violations of safety regulations generally carry severe consequences. Under the Civil Aviation Act 1988, breaches of safety regulations can lead to criminal charges, with potential penalties including substantial fines and imprisonment. Additionally, failure to comply with CASA’s conditions for the exemption could result in the revocation of the AOC, thereby prohibiting the operator from conducting fire-fighting operations with the aircraft. The Legislative Instruments Act 2003 further subjects the exemption to parliamentary scrutiny, which can lead to disallowance if deemed inappropriate.