CASA EX55/06 - Exemption – training and checking organisation, flight check system

Overview

The CASA EX55/06 instrument, titled "Exemption – training and checking organisation, flight check system," was enacted under the Civil Aviation Regulations 1988. This legislative instrument, prepared by the Civil Aviation Safety Authority (CASA), provides specific exemptions to Helicorp Pty Ltd and the pilots in command of certain aircraft for a limited duration, namely from 1 November 2006 until the end of 31 May 2007. The primary objective of this exemption is to allow Helicorp Pty Ltd to operate its specified Sikorsky S64 aircraft for firefighting purposes while adhering to certain conditions that ensure the safety and compliance of these operations with aviation standards. The exemptions granted by this instrument aim to streamline regulatory requirements for the operator while maintaining the high safety standards expected in civil aviation operations.

Scope and Application

The CASA EX55/06 Exemption – training and checking organisation, flight check system applies to Helicorp Pty Ltd, Aviation Reference Number 435780, and the pilot in command of each aircraft listed in Schedule 1 of the legislative instrument. Specifically, the exemption pertains to the operation of certain Sikorsky S64 aircraft, with serial numbers and registration numbers detailed in Schedule 1. This exemption operates under the Civil Aviation Regulations 1988 (CAR 1988) and exempts the operator from compliance with regulations 217 and 232, and the pilot in command from compliance with regulation 232. The exemption is subject to specific conditions outlined in Schedule 2, which include requirements for the operator to hold a discrete air operator’s certificate, ensuring the aircraft is only used for firefighting purposes, and that the pilot meets certain proficiency requirements. Additionally, the operator's chief pilot must verify the currency of crew members’ licences, aircraft endorsements, medical certificates, and proficiency checks, keeping copies for three years. The exemption is also contingent on the aircraft having a flight check system compliant with FAA standards and ensuring the availability of normal and emergency checklists to the crew in flight. The exemption is temporary, effective from 1 November 2006 until 31 May 2007.

Key Provisions

The legislative instrument CASA EX55/06, which was made under the Civil Aviation Regulations 1988, provides specific exemptions for Helicorp Pty Ltd and its pilots in command regarding certain regulatory compliance requirements. The instrument commences on 1 November 2006 and ceases to have effect at the end of 31 May 2007. It applies to Helicorp Pty Ltd, Aviation Reference Number 435780, and the pilot in command of the aircraft listed in Schedule 1, which includes three Sikorsky S64 models. Under section 3 of the instrument, Helicorp is exempt from complying with regulations 217 and 232 of the Civil Aviation Regulations 1988, while the pilot in command is exempt from complying with regulation 232. The exemptions are conditional, as outlined in Schedule 2. The operator must hold a discrete air operator's certificate for the aircraft and comply with any conditions attached to it. The aircraft can only be operated for firefighting purposes and can carry crew members. Only pilots who meet the Federal Aviation Administration and Erickson Air Crane Incorporated check and training proficiency requirements can fly these aircraft in Australia. The operator’s chief pilot must verify the currency of each operating crew member's licence, aircraft endorsement, medical certificate, and most recent proficiency check on the aircraft, and keep copies for three years. The aircraft must also have a flight check system that complies with Federal Aviation Administration standards. Both the operator and the pilot in command must ensure that the normal and emergency checklists are readily 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 flight manual contains the checklist information, procedures, and instructions, it can be considered the flight check system and must be immediately available to the crew in flight. The instrument imposes several obligations on Helicorp and the pilot in command, including holding the appropriate air operator's certificate, verifying crew member credentials, and ensuring the availability and compliance of checklists and flight manuals. Failure to meet these obligations can result in serious consequences. While the instrument itself does not explicitly state the penalties for non-compliance, breaches of the Civil Aviation Regulations 1988 generally attract significant penalties under the Civil Aviation Act 1988. These can include fines of up to $1,650,000 for corporations and lesser amounts for individuals, depending on the severity of the breach. Additionally, civil or criminal proceedings could be initiated, potentially leading to imprisonment. The exact penalties would depend on the specific regulations breached and the circumstances of the breach.