Explanatory Statement
Civil Aviation Regulations 1988
Exemption — helicopter winching operations
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988. Such an exemption is a legislative instrument for section 42 of the Legislative Instruments Act 2003 (the LIA).
Under subregulation 308 (3) of CAR 1988, the exemption may be issued subject to such conditions as CASA considers necessary in the interests of safety.
Under subregulation 151 (1) of CAR 1988, it is an offence for the pilot in command of an aircraft to allow persons or objects to be picked up by the aircraft. However, under subregulation 151 (3), it is a defence if CASA gives prior written authority and conditions mentioned in the authority are complied with.
Background
By means of Civil Aviation Order 29.11 (CAO 29.11) made under subregulation 151 (3), CASA allows helicopters to conduct winching operations, subject to various conditions.
Among the conditions in CAO 29.11 for helicopter winching operations, paragraph 5.1 requires an operating area of certain dimensions and characteristics. In addition, paragraph 7.1 requires that for all winching operations over offshore platforms or vessels (the site), an operator may only use a multi-engine helicopter capable of hovering out of ground effect (HOGE) with 1 engine inoperative (OEI) during the actual winching.
From time to time, helicopters malfunction or require maintenance while servicing sites with helidecks. Helicopter winching to land and take off maintenance personnel and spares is desirable in these cases. However, most helidecks would not comply with the dimensional requirements of paragraph 5.1 of CAO 29.11 if there is a disabled helicopter present. In addition, where a site is far offshore and distant from any refuelling possibility on a nearby site, the need to carry the weight of sufficient fuel to return to shore could eliminate any possibility of using HOGE capability with OEI during the actual winching operation. The operation would not, in that case, comply with paragraph 7.1 of CAO 29.11.
Bristow Helicopters Australia Pty Ltd (the operator) has sought a suitable exemption under subregulation 151 (3) of CAR 1988 that would enable its helicopter pilots to winch maintenance personnel and spares to and from sites using the heave-in line technique and without compliance with paragraphs 5.1, 7.1 and 7.2 of CAO 29.11. Paragraph 7.2, which sets out a method of calculating the effect of wind on HOGE capability, is also not considered applicable to these operations.
CASA previously gave a special authority and permission (CASA 04/09) for operations allowing winching to a site. That instrument expired at the end of January 2011. This exemption replaces CASA 04/09. As with CASA 04/09, the exemption is subject to a series of safety conditions. CAO 29.11, other than paragraphs 5.1, 7.1 and 7.2, must be complied with. The exemptions from height restrictions and seat belt requirements in CAO 29.11 would apply. Operations, which may only be carried out in daylight, must use the heave-in line technique. Each operation must be the subject of a safety assessment and written approval by the operator’s chief pilot. The owner or operator of the site must give written permission for the operation, and the operator and the pilot in command must comply with any conditions in the permission.
The helicopter must operate at the minimum weight and minimum fuel load necessary to complete the operation, return to shore, and to fly away from the site in the event of engine failure. The operation may only be conducted at the safest working area of the site that allows fly-away alternatives for the pilot in command. The maintenance personnel who may be winched to or from a site must have successfully completed training for such an operation. The operator must report to CASA a week after the completion of such an operation, providing details of the operation.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The exemption replaces a previous instrument issued for the same purpose.
A similar instrument would be given to any appropriate operator who could meet its safety conditions.
The exemption commences on the day after registration. It stops having effect at the end of 30 April 2013.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under section 73 of the Act.
[Instrument number CASA EX50/11]
Overview
The Civil Aviation Regulations 1988, as amended by F2011L00872, address the need for a regulatory framework governing helicopter winching operations in the aviation sector. This legislative instrument, introduced in 2011, is designed to enhance safety while allowing flexibility in certain scenarios where strict adherence to existing regulations might not be feasible due to operational constraints. The Act was enacted by the Parliament of Australia to ensure the safety and efficiency of civil aviation within the country. The primary policy objective behind this exemption is to balance the necessity for stringent safety regulations with the practical challenges faced by operators, particularly when dealing with emergency situations on offshore platforms or vessels.
This exemption, issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, aims to permit Bristow Helicopters Australia Pty Ltd to conduct winching operations for maintenance personnel and spares under specific conditions. The exemption allows deviations from certain operational requirements of Civil Aviation Order 29.11, such as the dimensional constraints of operating areas and the capability requirements for multi-engine helicopters, provided that strict safety conditions are adhered to. These conditions include the necessity for a safety assessment and written approval by the operator’s chief pilot, compliance with minimum weight and fuel load requirements, and adherence to operational constraints that ensure the safety of the flight crew and the personnel being winched. The exemption is effective until 30 April 2013, ensuring that it provides a temporary solution to the identified operational challenges while maintaining the overarching safety standards of civil aviation.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the exemption issued under the Civil Aviation Act 1988, provide for specific operations concerning helicopter winching to and from sites, particularly in situations involving disabled helicopters or those requiring maintenance. This exemption, which replaces a previous authority (CASA 04/09), applies to Bristow Helicopters Australia Pty Ltd and potentially any other operators who meet the prescribed safety conditions. The exemption allows helicopter pilots to winch maintenance personnel and spares to and from sites using the heave-in line technique, exempting them from certain conditions set out in Civil Aviation Order 29.11, specifically paragraphs 5.1, 7.1, and 7.2. However, compliance with other provisions of CAO 29.11, excluding the specified paragraphs, is mandatory. The exemption is subject to a series of safety conditions, including the use of the heave-in line technique, operations only in daylight, a safety assessment and written approval by the operator's chief pilot, written permission from the site owner or operator, and compliance with any conditions set by the permission. Furthermore, the helicopter must operate at minimum weight and fuel load necessary for safe operation, and the maintenance personnel must have completed relevant training. The exemption is in effect from the day after registration until the end of April 2013.
Key Provisions
The main sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this exemption pertain to the ability of the Civil Aviation Safety Authority (CASA) to exempt aircraft and associated persons from certain regulatory provisions, provided that it is in the interest of safety. Specifically, subsection 98(1) of the Civil Aviation Act 1988 (the Act) allows the Governor-General to make regulations for the Act, and subregulation 308(1) of CAR 1988 empowers CASA to exempt an aircraft or associated persons from specified provisions of CAR 1988. Furthermore, subregulation 308(3) of CAR 1988 permits CASA to impose conditions on such exemptions as deemed necessary for safety purposes.
This exemption requires Bristow Helicopters Australia Pty Ltd to adhere to several stringent obligations and conditions. First, the exemption allows the company to conduct winching operations without complying with certain paragraphs of Civil Aviation Order 29.11 (CAO 29.11), specifically paragraphs 5.1, 7.1, and 7.2. However, all other provisions of CAO 29.11 must still be observed. The exemption permits operations in daylight using the heave-in line technique, subject to safety assessments and written approval by the operator’s chief pilot. Additionally, the owner or operator of the site must provide written permission for the operation, and the operator and pilot in command must comply with any conditions stipulated in that permission. The helicopter must be operated at its minimum weight and fuel load necessary for the operation, and maintenance personnel involved must have completed relevant training.
Failure to comply with the conditions set forth in the exemption may result in serious legal consequences. Firstly, under subregulation 151(1) of CAR 1988, it is an offence for the pilot in command of an aircraft to allow persons or objects to be picked up by the aircraft. However, as per subregulation 151(3), this offence is negated if CASA provides prior written authority and the conditions of that authority are met. Any breach of the conditions specified in the exemption could result in civil or criminal penalties, as determined by CASA. The specific penalties are not detailed in the text but generally could include fines, suspension of operational licenses, or other regulatory sanctions as deemed appropriate by CASA.