CASA EX94/09 - Exemption - bungy jumping

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations governing civil aviation safety in Australia, addressing the need for a coherent framework that ensures the safe operation of aircraft and related activities. The Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being the regulatory body responsible for administering these regulations. A specific exemption within CAR 1988 allows CASA to exempt aircraft or associated personnel from certain regulatory requirements under specific conditions that prioritise safety. This legislative framework ensures that aviation activities can be conducted with necessary flexibility while maintaining stringent safety standards. The exemption in question, issued to facilitate a helicopter bungy jumping exercise, exemplifies how CAR 1988 and the Civil Aviation Act 1988 accommodate unique aviation activities within a robust regulatory environment.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) outline various provisions to ensure the safety of air navigation and the operation of aircraft, one such regulation being that nothing should be dropped from an aircraft. However, under Section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to issue regulations, and subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with aircraft operations from specified provisions of CAR 1988, subject to conditions that ensure safety. This authority was exercised to facilitate a helicopter bungy jumping operation conducted by a specialist team at Martins Dam between 5 and 22 November 2009, involving a helicopter operated by Trecked Pty Ltd as part of a television show produced by ITV. The exemption under this instrument relieves the pilot in command from the requirement under regulation 150 of CAR 1988, allowing bungy jumpers to exit the helicopter cabin and perform jumps off the helicopter’s undercarriage, provided the operation adheres to the conditions outlined in Schedule 1 of the instrument. These conditions are designed to ensure the operation is conducted safely, with an experienced pilot in command and appropriate equipment. The exemption is subject to disallowance under the Legislative Instruments Act 2003, as it is considered a disallowable instrument. This specific exemption did not undergo consultation as it was deemed unnecessary due to its highly specific nature and the precedent of similar past exemptions.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 provide the framework for ensuring safety in air navigation. Specifically, Regulation 150 of CAR 1988 mandates that the pilot in command of an aircraft must not permit anything to be dropped from the aircraft. However, under subregulation 308(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to exempt certain aircraft or persons associated with the operation of an aircraft from specific provisions of CAR 1988. Such exemptions can be granted subject to conditions outlined in subregulation 308(3) that are deemed necessary for safety. In the case of the exemption instrument CASA EX94/09, the exemption allows a specialist team engaged in helicopter bungy jumping to conduct jumps from a helicopter operated by Trecked Pty Ltd at Martins Dam between 5 and 22 November 2009. This exemption permits the pilot in command of the helicopter to deviate from the general rule prohibiting the dropping of objects from the aircraft, thus allowing the bungy jumper to leave the cabin and perform the jump off the helicopter's undercarriage. This exemption is subject to the conditions specified in Schedule 1, which include requirements for the suitability of the helicopter, the experience of the pilot, and the manner in which the bungy jump is conducted, including the equipment used. Furthermore, the bungy jumper must be informed of the nature of the operation. The exemption is subject to the Legislative Instruments Act 2003 (LIA), which declares such exemptions to be disallowable instruments. As such, the exemption falls under the purview of the LIA, meaning it must be tabled and is subject to potential disallowance by Parliament under sections 38 and 42 of the LIA. However, given the highly specific nature and the precedent of similar instruments for such operations, consultation as per section 17 of the LIA was not undertaken in this instance. The exemption is effective from 5 November 2009 and ceases to have effect at the end of 22 November 2009. The exemption was made by a delegate of CASA under subregulation 7(1) of CAR 1988. Breaches of the conditions set out in the exemption could lead to civil or criminal consequences, although specific penalties are not detailed in the text. The overarching aim is to ensure that the exemption is used strictly within the parameters set by CASA to maintain safety standards in air navigation.