CASA EX52/13 - Exemption - helicopter winching operations (Bristow Helicopters)

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

Legislation au F2013L00716 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Regulations 1988, enacted in 1988, form the backbone of Australian civil aviation safety regulations. They were introduced to address the need for comprehensive and enforceable safety standards in the rapidly growing aviation sector. The Australian Parliament, through the Civil Aviation Act 1988, empowered the Civil Aviation Safety Authority (CASA) to create and enforce these regulations to ensure the safety of air navigation. One particular legislative instrument under this Act, F2013L00716, provides an exemption to Bristow Helicopters Australia Pty Ltd, enabling them to conduct specific helicopter winching operations under certain conditions, while still maintaining the overarching safety standards. The exemption, issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, aims to allow Bristow Helicopters to winch maintenance personnel and spares to and from offshore landing sites. This exemption, which replaces a previous one (CASA EX50/11) that expired at the end of April 2013, comes with a series of safety conditions that must be adhered to. The exemption allows for operations that do not comply with certain paragraphs of Civil Aviation Order 29.11, specifically 5.1, 7.1, and 7.2, while still ensuring that other safety measures are met. The primary policy objective is to facilitate the safe and efficient maintenance of helicopters on offshore platforms, ensuring the safety of personnel and aircraft.

Scope and Application

The Civil Aviation Regulations 1988, as amended by F2013L00716, specifically pertain to Bristow Helicopters Australia Pty Ltd, enabling the company to conduct certain helicopter winching operations that would otherwise not comply with existing regulations. This exemption applies to the geographic scope of Australia, under the regulatory authority of the Civil Aviation Safety Authority (CASA) within the Commonwealth jurisdiction. The exemption allows Bristow Helicopters to winch maintenance personnel and spares to and from offshore landing sites, while bypassing specific conditions set out in Civil Aviation Order 29.11, including those related to operational areas and helicopter capabilities during winching. The exemption is subject to a series of stringent safety conditions, including mandatory safety assessments, written approvals, and adherence to other regulations apart from the specified exempted paragraphs. This legislative instrument does not engage any human rights issues, as confirmed by the Statement of Compatibility with Human Rights. The exemption is effective from the date of registration until the end of April 2016, aligning with the regulatory framework established under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) under this exemption pertain to subsection 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act, and regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), which provides that CASA may grant exemptions from compliance with certain provisions of the CASR 1998 or CAR 1988. This exemption specifically targets subregulation 151(1) of CAR 1988, which prohibits the pilot in command of an aircraft from allowing persons or objects to be picked up by the aircraft, and subregulation 151(3), which provides a defence if CASA gives prior written authority and conditions are complied with. The exemption also references Civil Aviation Order 29.11 (CAO 29.11), which sets out conditions for helicopter winching operations. The obligations and requirements imposed by this Act on Bristow Helicopters Australia Pty Ltd and its pilots include compliance with the detailed safety conditions stipulated in the exemption. These conditions include, but are not limited to, the necessity for operations to be conducted during daylight hours using the heave-in line technique, the requirement for each operation to be subject to a safety assessment and written approval by the operator’s chief pilot, and the obligation to report to CASA within a week after the completion of such an operation, providing details of the operation. Additionally, the operator must ensure that the helicopter operates 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. Maintenance personnel who may be winched to or from a site must have successfully completed training for such an operation, and the owner or operator of the site must give written permission for the operation. There are potential civil and criminal consequences for non-compliance with the provisions of the Act. 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 without CASA's prior written authority and compliance with the conditions mentioned in the authority. However, under subregulation 151(3), this is a defence if CASA provides the required authority and the conditions are complied with. The exemption itself includes a series of safety conditions, failure to comply with which could result in revocation of the exemption and potentially further sanctions. The maximum penalties for such offences are not specified in the provided text but could typically include fines and/or imprisonment under the relevant aviation and safety legislation.

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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.