Federal Register of Legislation - Australian Government

Primary content

R26/2004 Orders/Civil Aviation as amended, taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 24 Dec 2014
Start Date 01 Sep 2014

Civil Aviation Amendment Order (No. R26) 2004

as amended

made under subregulation 207 (1) and regulation 303A of the Civil Aviation Regulations 1988.

This compilation was prepared on 22 December 2014 taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).

Prepared by the Legislative Drafting Section, Legal Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.

 

1          Name of Order

                 This Order is the Civil Aviation Amendment Order (No. R26) 2004.

2          Commencement

                 This Order commences on gazettal.

3          Replacement of section 29.6 of the Civil Aviation Orders

                 Section 29.6 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1   Substitution of section 29.6 of the Civil Aviation Orders

Section 29.6

Air service operations — helicopter external sling load operations

1          Application

                 This section applies to the conduct of operations by helicopters engaged in the pick up, carriage and release of objects suspended from external sling load attachments.

2          Approval of aircraft type

       2.1     Sling load operations shall only be carried out in a helicopter type for which a supplement to the aircraft flight manual, specifying the appropriate operating criteria, has been approved.

       2.2     Sling load operations shall be carried out in accordance with the limitations and procedures contained in the approved helicopter flight manual.

3          Pilot qualifications

                 A pilot must not conduct a sling load operation unless the pilot is authorised under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct the operation.

4          Carriage of persons

                 The pilot in command of a helicopter engaged in sling load operations shall not permit any person to be carried in the helicopter except:

(a)   a flight crew member; or

(b)   a flight crew member under training; or

(c)   a person who performs an essential function in connection with sling load operations.

5          Conduct of operations

       5.1     The pilot in command of a helicopter engaged in sling load operations shall be responsible for ensuring that:

(a)   all personnel involved in the operation are suitably briefed prior to commencement; and

(b)   adequate precautions are taken to ensure that safety of persons on the ground during sling load operations.

       5.2     The pilot in command of a helicopter engaged in sling load operations shall not fly over a city, town or populous area except where a specific route is available which will ensure that in the event of load jettisoning or a forced landing, hazard will not be caused to persons or property on the ground.

       5.3     Sling load operations at a specific location in a city, town or populous area may be conducted subject to the following conditions:

(a)   local civic authority and police approval shall be obtained by the operator; and

(b)   persons not directly involved in the sling load operations shall be kept clear of the site over which the helicopter is authorised to manoeuvre during the course of the operation; and

(c)   during sling load operations on to the roof of a building, floors shall be cleared of personnel down to a level where the local fire authorities can provide adequate rescue facilities. In all cases, the 4 floors immediately below the roof shall be vacated.

       5.4     The company operations manual shall include instructions to pilots and other company personnel involved in the conduct of sling load operations and shall cover, in detail, all normal and emergency procedures.

Notes to Civil Aviation Order 29.6

Note 1

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 29.6 amended as indicated in the Tables below.

Table of Orders

Year and
number

Date of notification
in Gazette/
registration on FRLI

Date of
commencement

Application, saving or
transitional provisions

CAO 2004 No. R26

8 December 2004

8 December 2004 (see s. 2)

 

CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)

FRLI 29 August 2014 (see F2015L01177)

1 September 2014 (see s. 2)

Sections 3 and 31 (see Table A)

 


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

s. 29.6

subs. 3

Appendix I

rs. CAO 2004 No. R26

am. CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)

rep. CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)

 

Table A          Application, saving or transitional provisions

 

Sections 3 and 31 of Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) read as follows:

 

3          Definitions

        (1)     In this instrument:

continued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

new authorisation has the meaning given by regulation 202.261 of CASR 1998.

        (2)     A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.

Note   Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.

31        Transitional — application of Civil Aviation Orders

                 The Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.