CASA EX60/06 - Amendment of instrument CASA EX55/06

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

Legislation au F2006L03640 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Amendment of instrument CASA EX55/06

 

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) of CAR 1988, 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 S64

Under a lease agreement with Erickson Air Crane Incorporated (EAC), Helicorp Pty Ltd uses 3 multi-engine Sikorsky S64 Skycrane helicopters in the aerial work category for firefighting purposes during the 2006-2007 fire fighting season i.e. from 1 November 2006 until 31 May 2007.

Exemption

Both for itself and its pilots in command, the operator requested and obtained an exemption from the requirements to have a TCO and an approved FCS in respect of its operation of the aircraft (see instrument CASA EX55/06). However, one of the aircraft referred to in that instrument will not be operating under the exemption. This amendment replaces the reference to that aircraft with a reference to another aircraft that will require an exemption (the replacement aircraft).

In other respects, the exemption will be unaltered. For instance, the requirements specified in the conditions mentioned in instrument CASA EX55/06 will apply to the replacement aircraft. Particulars of the conditions are set out below.

Conditions

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 EAC 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 an 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 amends CASA EX55/06 by changing the serial and registration numbers of one of the aircraft in the instrument from 64-097 and N178AC to 64-064 and N217AC.

The amendment commences on 5 November 2006. It stops having effect at the end of 31 May 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 EX60/06]

Overview

The Civil Aviation Regulations 1988 Amendment Instrument 2006 (F2006L03640) amends the Civil Aviation Regulations 1988 to modify an exemption granted by the Civil Aviation Safety Authority (CASA) to Helicorp Pty Ltd, which operates Sikorsky S64 Skycrane helicopters for firefighting purposes. The exemption, initially granted under CASA EX55/06, allows the operator and its pilots in command to be exempt from specific regulatory requirements, including the need for a training and checking organisation and an approved flight check system, provided certain conditions are met. The amendment rectifies an error by replacing the reference to one of the exempted aircraft with another aircraft that will require the exemption, ensuring the exemption remains applicable to the intended operations and aircraft. This amendment reflects CASA’s role in balancing operational flexibility with maintaining high safety standards in aviation, particularly in critical areas such as firefighting operations. The instrument is subject to parliamentary disallowance under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 Amendment (CASA EX55/06) pertains to the operation of multi-engine Sikorsky S64 Skycrane helicopters used in firefighting, specifically those operated by Helicorp Pty Ltd under a lease agreement with Erickson Air Crane Incorporated. This amendment concerns an exemption granted by the Civil Aviation Safety Authority (CASA) for the aircraft and its pilots from certain regulatory requirements, including the need for a training and checking organisation (TCO) and an approved flight check system (FCS), under specific conditions aimed at ensuring safety. The amendment applies to the aircraft registered under the serial number 64-064 and registration number N217AC, which replaces the previously referenced aircraft (64-097, N178AC). The exemption applies within Australia, where the aircraft will be used exclusively for firefighting purposes by Helicorp and its pilots during the 2006-2007 fire season, from 1 November 2006 until 31 May 2007. The exemption is subject to conditions, including the requirement for the operator to hold a discrete air operator's certificate and for the pilot to meet certain FAA and Erickson Air Crane proficiency requirements. The exemption is also subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain provisions that allow the Civil Aviation Safety Authority (CASA) to exempt aircraft and persons associated with the operation of those aircraft from specific regulatory requirements, provided that the exemption is in the interests of safety. Under subregulation 308(1) of CAR 1988, CASA may issue exemptions from certain regulations. Subregulation 308(2) mandates that CASA must consider safety-related factors before granting an exemption. Subregulation 308(3) allows CASA to impose conditions on any exemption that it grants, if necessary for safety reasons. The operator of an aircraft with a maximum take-off weight of over 5,700 kg must ensure that a training and checking organisation (TCO), approved by CASA, provides annual competency checks for each crew member (subregulation 217(1) to (3) of CAR 1988). The operator must also establish a flight check system (FCS) that complies with CASA’s standards and ensures that the pilot in command follows detailed procedures before and during flights, including take-off, landing, and emergencies (subregulation 232(1) to (5) of CAR 1988). The Act imposes obligations on the parties it governs, including the requirement that operators of certain aircraft must comply with the provisions concerning TCOs and FCSs unless an exemption is granted by CASA. The exemption for the specified aircraft from the requirements of having an approved TCO and FCS is subject to specific conditions. These include the operator holding a discrete air operator’s certificate and complying with any conditions in it. The aircraft must be operated for firefighting purposes only, and flown by pilots meeting specific FAA and Erickson Air Crane Incorporated (EAC) check and training requirements. The operator’s chief pilot must verify each crew member’s licence, aircraft endorsement, medical certificate, and proficiency check. The aircraft must have an FCS compliant with FAA standards, with normal and emergency checklists immediately available to the crew in flight. Any breach of the requirements under the Civil Aviation Act 1988 and the associated regulations can lead to civil or criminal consequences. The severity of the penalties varies depending on the nature and extent of the breach. Civil penalties can include fines and other monetary penalties, while criminal penalties can include imprisonment. The specific penalties for breaches are outlined in the Civil Aviation Act 1988 and the associated regulations, but these are not explicitly stated in the provided text.

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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.