Explanatory Statement
Civil Aviation Regulations 1988
Exemption — Lloyd Helicopters Pty Ltd and S-92A endorsements
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that 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. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
Subregulation 5.25 (1) of CAR 1988 provides that CASA may issue an aircraft endorsement subject to any condition that it thinks necessary in the interests of the safety of air navigation. Under subregulation 5.25 (2), a condition may be set out in the Civil Aviation Orders. Under subregulation 5.25 (3), a person must not contravene a condition.
Paragraph 8.1 of Civil Aviation Order 40.3.0 (CAO 40.3.0) states that it is a condition of each type or class endorsement that the holder must not fly as pilot in command of a helicopter engaged in charter operations unless he or she has flown a helicopter of that type or class as pilot in command, or as pilot acting in command under supervision, for whichever period set out in Appendix VI is applicable.
Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), (the operator) intends to commence charter operations in Australia with a Sikorsky S-92A helicopter. The S-92A is a multi-engine, 2 pilot helicopter approved to fly under the Instrument Flight Rules (the I.F.R.). Under Appendix VI, the required period for multi‑piloted, multi‑engine helicopters flown under the I.F.R. is at least 15 hours.
The operator has identified that its proposed syllabus of training will produce pilots with less flying time than the required period of at least 15 hours. The syllabus will only result in 5 hours acting in command on the helicopter. The difficulty of acquiring the required experience is increased by its being a “first of type” in Australia. The operator has, therefore, requested this exemption from the effects of CAO 40.3.0. The exemption has been granted from compliance with subregulation 5.25 (3) in relation to paragraph 8.1 of CAO 40.3.0. The exemption is subject to conditions in the interests of safety being met.
Conditions
The exemption will only apply to a pilot who has helicopter flight experience that CASA has advised, in writing, is acceptable. The pilot must also have completed the syllabus of training described in the operator’s operations manual and approved by CASA in writing. The syllabus of training has been assessed by CASA and found to be suitable, including 40 hours in a level D S-92A simulator in the United States and an emergency procedures proficiency check conducted by a company training captain. It also includes 5 hours flight time as pilot in command, or acting in command under supervision, which must include a company line proficiency check as set out in the operations manual and a minimum of 10 on-shore and off-shore landings combined with the appropriate instrument approach procedures, including at least 3 off-shore landings.
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 is required by the operator to enable it to commence charter operations in Australia with a new helicopter. A similar instrument would be issued to any appropriate operator who requested it and could meet its safety conditions.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 31 October 2009.
The exemption has been made by the Deputy Chief Executive Officer, Operations, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX64/06]