Explanatory Statement
Civil Aviation Regulations 1988
Exemption — helicopter winching operations (Bristow Helicopters)
Legislation
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may by instrument grant an exemption under Division 11.F.1 from compliance with a provision in CASR 1998 or the Civil Aviation Regulations 1988 (CAR 1988). Under subregulation 11.205 (1), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. 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.
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 offshore landing 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. That instrument was renewed by CASA EX50/11. This exemption replaces CASA EX50/11. As with CASA EX50/11, 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.
Legislative Instruments Act
The exemption is a legislative instrument for section 5 of the Legislative Instruments Act 2003 (the LIA). It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument only applies to a single operator and general consultation was not necessary. The instrument renews a previous exemption issued to the operator (CASA EX50/11) which was stated to expire at the end of April 2013 and had itself renewed a previous instrument (CASA 04/09). The instruments have enabled the operator to carry out maintenance work on helicopters on helidecks and enable their speedy return to operations. Compliance with the detailed safety conditions in the exemption has ensured the safe conduct of those operations. The instrument is being renewed at the request of the operator’s chief pilot.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Commencement and making
The instrument commences on the day of registration and stops having effect at the end of April 2016 as if it had been repealed by another instrument.
The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX52/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — helicopter winching operations (Bristow 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 exemption allows a helicopter operator to winch maintenance personnel and spares to and from offshore landing sites to maintain and repair helicopters.
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