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]
Overview
The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, establish the legal framework for ensuring the safety of air navigation across the nation. One such regulation, Subregulation 308, allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or personnel from specific regulatory requirements, provided it is in the interest of safety. This legislative instrument, F2006L03797, was introduced to address the specific need of Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), to operate its S-92A helicopter in charter services despite its pilots not meeting the regulatory minimum flight hour requirements due to the novelty of the helicopter type in Australia. The exemption aims to facilitate the operator's entry into the market while maintaining the highest safety standards, subject to stringent conditions set by CASA to ensure that the pilots possess adequate experience and training to operate the helicopter safely. This exemption is a legislative instrument subject to disallowance in Parliament, highlighting the importance of legislative oversight in aviation safety regulations.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) provide for exemptions from specified provisions of the regulations to ensure the safety of air navigation. Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia), has been granted an exemption from subregulation 5.25(3) in relation to paragraph 8.1 of Civil Aviation Order 40.3.0, which requires a certain number of hours of flight experience for pilots in command of helicopters engaged in charter operations. This exemption applies specifically to pilots operating the Sikorsky S-92A helicopter, allowing them to undertake charter operations with less flight experience than the standard requirement, provided they meet specific conditions deemed necessary by the Civil Aviation Safety Authority (CASA) for safety purposes. The exemption is subject to CASA’s conditions, including acceptable helicopter flight experience as advised by CASA, and completion of a tailored training syllabus that includes simulator training and proficiency checks. This exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, comes into effect on registration and expires at the end of 31 October 2009, allowing the operator to commence charter operations while ensuring compliance with safety standards.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) and the associated Civil Aviation Orders (CAO) lay down the rules and conditions under which aircraft and operations can take place in Australia. Specifically, under subregulation 308(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to exempt aircraft, or individuals involved in their operation, from certain provisions of the regulations, provided that safety considerations are adequately addressed. This authority is subject to the conditions specified in subregulation 308(3), which must be necessary for safety. Additionally, under subregulation 5.25(1), CASA can issue endorsements for aircraft, which can include conditions outlined in the Civil Aviation Orders (subregulation 5.25(2)), and any breach of these conditions is prohibited (subregulation 5.25(3)). One such condition, as stated in paragraph 8.1 of CAO 40.3.0, requires pilots to have a specified amount of flight time before they can operate as pilot in command of a helicopter in charter operations.
The legislation imposes several obligations on Lloyd Helicopters Pty Ltd, the operator in this case. Firstly, the operator must ensure that any pilot operating its Sikorsky S-92A helicopter in charter operations has helicopter flight experience deemed acceptable by CASA, in writing. This is specified as a condition of the exemption. Secondly, pilots must complete a training syllabus that has been approved by CASA, which includes a significant amount of simulator and flight time, as well as specific proficiency checks and landings. These conditions are intended to ensure that pilots meet the necessary safety standards despite not having the full required flight time. CASA has already assessed and approved the training syllabus as suitable for this purpose.
Failure to comply with the conditions set out in the exemption and the CAO can result in significant consequences. Under subregulation 308(4) of CAR 1988, the exemption is considered a disallowable instrument, and as such, it is subject to the provisions of the Legislative Instruments Act 2003 (LIA). This means that the exemption must be tabled and can be disallowed by Parliament under sections 38 and 42 of the LIA. Moreover, any violation of the conditions outlined in the CAO can lead to enforcement actions against the operator or the pilot, which could include fines or other penalties imposed by CASA. The specific penalties for such breaches are not detailed in the provided text, but they typically align with the severity of the safety risk posed by the non-compliance.