Explanatory Statement
Civil Aviation Regulations 1988
Exemption — training and checking organisation, flight check system
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Legislation
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988.
Under subregulation 308 (2), before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Under subregulation 308 (3) of CAR 1988, CASA may make an exemption subject to conditions specified in the exemption as being necessary in the interests of safety.
Under subregulation 217 (1) of CAR 1988, the operator of an aircraft with a maximum take-off weight of more than 5 700 kg must provide a training and checking organisation (a TCO) to ensure that the crew maintain competency. Under subregulation 217 (2) of CAR 1988, the TCO must provide each crew member with 2 annual competency checks. Under subregulation 217 (3) of CAR 1988, the TCO, and its tests and checks, must be approved by CASA.
Under subregulation 232 (1) of CAR 1988, the operator of an aircraft must establish a flight check system (FCS) for each type of aircraft, setting out the procedures to be followed by the pilot in command and other crew members before and on take-off, on landing, and in emergency situations. Under subregulation 232 (2) of CAR 1988, a FCS is subject to prior approval of CASA and CASA may, at any time, require the system to be revised in a manner specified by CASA.
Under subregulation 232 (3) of CAR 1988, the pilot in command of the aircraft must ensure that the procedure checklists are located where they are immediately available to the flight crew. Under subregulation 232 (4) of CAR 1988, the pilot in command must ensure that the flight check system is carried out in detail.
Under subregulation 232 (5) of CAR 1988, the operator of an aircraft must not allow it to be flown if the flight check system has not been approved by CASA or, if CASA has required the system to be revised, has not been revised in a manner required.
Sikorsky CH-54B
Under a lease agreement with Helicopter Transport Services Inc. (HTS), Sydney Helicopters Pty Ltd (the operator) uses 2 multi-engine, Sikorsky CH-54B Skycrane helicopters in the aerial work category for firefighting purposes during the 2006-2007 firefighting season i.e. from 1 October 2006 until 30 April 2007.
Under instrument CASA EX44/05, CASA has exempted certain single engine aircraft from the requirement to have a TCO. However, this does not apply to multi-engine aircraft. Under instrument CASA EX38/2004, CASA has exempted certain multi-engine aircraft, not above 5 700 kg maximum take-off weight (MTOW), from the requirement to have an approved FCS. However, the MTOW of the Sikorsky CH-54B Skycrane (the aircraft) exceeds 5 700 kg.
Exemption
Both for itself and its pilots in command, the operator has requested exemption from the requirements to have a TCO and an approved FCS in respect of its operation of the aircraft.
CASA has no flying operations inspector (FOI) endorsed on the aircraft who could approve a TCO or the FCS, and in the time frame available it is not practical for CASA to train and endorse an FOI for this purpose.
However, for TCO requirements, an equivalent level of safety may be obtained by ensuring that the aircraft’s pilots, licensed by the US Federal Aviation Administration (the FAA), meet the competency requirements of the check and training organisation stipulated by the FAA and HTS.
For FCS requirements, an equivalent level of safety may be obtained by ensuring that the operator and the aircraft’s pilots comply with the FCS requirements of the FAA.
Conditions
A number of other safety conditions support these safeguards. The operator must hold a discrete air operator’s certificate for the aircraft and comply with any conditions mentioned in it. Further, the aircraft may only be operated for firefighting purposes and may only carry crew members.
The aircraft may be flown in Australia only by a pilot who meets FAA and HTS check and training proficiency requirements.
The operator’s chief pilot must sight, and verify the currency of, each operating crew member’s licence, aircraft endorsement, medical certificate and most recent proficiency check on the aircraft.
The aircraft must have a FCS that complies with FAA standards. The operator and the pilot in command must ensure that the normal and emergency checklists are immediately available to the crew in flight. The pilot in command must ensure that the flight check system is carried out in detail.
If the aircraft’s checklist information, procedures and instructions are contained in the aircraft’s flight manual, the flight manual may be taken to be the flight check system and it must be immediately available to the crew in flight.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is a temporary operational exemption required by the operator to facilitate firefighting operations. It would be issued to any operator who requested it and could meet the same safety conditions.
The instrument commences on 1 October 2006 after registration. It stops having effect at the end of 30 April 2007.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX48/06]