Federal Register of Legislation - Australian Government

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CASA EX75/21 Exemptions as made
This instrument allows the use of particular models of personal flotation devices, not approved by the Civil Aviation Safety Authority, during operations conducted by Heli-Aust Whitsundays Pty Limited, to transfer marine pilots between ships and land.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 09 Jul 2021
To be repealed 02 Dec 2021
Repealed by Self Repealing

Instrument number CASA EX75/21

I, WARREN CRAIG MARTIN, Executive Manager, Regulatory Oversight, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed C. Martin]

Craig Martin
Executive Manager, Regulatory Oversight

9 July 2021

CASA EX75/21 — Life Jacket Standard (Heli-Aust Whitsundays Marine Transfer Operations) Exemption 2021

1          Name

                 This instrument is CASA EX75/21 — Life Jacket Standard (Heli-Aust Whitsundays Marine Transfer Operations) Exemption 2021.

2          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the earlier of the following:

             (i)  immediately after the commencement of Schedule 1 of the Civil Aviation Legislation Amendment (Flight Operations—Consequential Amendments and Transitional Provisions) Regulations 2021;

            (ii)  the end of 31 May 2024.

3          Definitions

                 In this instrument:

exempted operator means Heli-Aust Whitsundays Pty Limited, ARN 556042.

exempted person means a person, including the exempted operator, who fits, carries, or uses an SOS PFD during a marine transfer operation.

marine transfer operation means a helicopter operation, conducted by the exempted operator, to transport a marine pilot wearing an SOS PFD on a ship‑to‑shore, shore-to-ship or ship-to-ship operation.

required maintenance means annual servicing and testing, performed in accordance with the manufacturer’s instructions and subsection 3 of Civil Aviation Order (CAO) 20.11.

SOS PFD means an SOS‑6167‑8 model or an SOS‑6167‑15 model personal flotation device manufactured by Case Investments Pty Ltd, ARN 1006566, registered under the business name of S O S Marine.

4          Exemptions

        (1)     In relation to an SOS PFD, the exempted operator is exempt from compliance with subregulation 207 (2) of CAR, to the extent that the subregulation requires that a person must not use an Australian aircraft in a class of operation if the aircraft is not fitted with, or carrying, equipment, including emergency equipment, that CASA has approved and directed.

        (2)     In relation to an SOS PFD, an exempted person is exempt from compliance with subregulation 207 (3) of CAR which requires that, where CASA approves or directs that an item of equipment be fitted or carried on an aircraft, a person must fit, carry or use the item of equipment on the aircraft only in accordance with the directions (if any) of CASA.

        (3)     An exempted person is exempt from compliance with subparagraph 5.1.6 (a) of CAO 20.11, to the extent that the subparagraph requires a life jacket worn by an individual during a marine transfer operation to comply with a standard approved by CASA.

        (4)     The exemptions in subsections (1) to (3) are subject to the conditions mentioned in sections 5 and 6.

5                                            Conditions — exempted operator and exempted persons

        (1)     The exempted operator must ensure that each SOS PFD used during a marine transfer operation has:

(a)   reflective markings; and

(b)   a whistle; and

(c)   a light; and

(d)   a manual inflation function; and

(e)   received the required maintenance, performed by one of the following:

             (i)  a maintenance organisation approved by CASA under regulation 30 of CAR that is authorised to service and test flotation equipment;

            (ii)  a Part 145 organisation that is authorised to service and test flotation equipment.

        (2)     The exempted operator must ensure that each individual who wears an SOS PFD during a marine transfer operation has, in the 6 months preceding the operation, demonstrated competence in matters associated with the use of each model of SOS PFD mentioned in this instrument, including:

(a)   deactivation of the auto-inflation feature in accordance with the manufacturer’s instructions; and

(b)   recognition of the dangers of auto-inflation if the user is trapped under water in a helicopter; and

(c)   operation of the harness buckle system for each model of SOS PFD mentioned in this instrument; and

(d)   helicopter emergency escape procedures.

        (3)     Before conducting a marine transfer operation, the exempted operator must ensure that:

(a)   each individual who wears an SOS PFD during the operation weighs 60 kg or more; and

(b)   the pilot in command of the operation and each individual who wears an SOS PFD during the operation have reviewed a copy of this instrument and are familiar with its conditions; and

(c)   the pilot in command of the operation has, in the previous 6 months, demonstrated competence to the exempted operator:

             (i)  to identify that the auto-inflation feature is disarmed; and

            (ii)  to disarm and rearm the auto-inflation feature.

        (4)     The exempted operator must keep the following records in accordance with the procedures mentioned in its operations manual for managing life-saving equipment and personnel training records:

(a)   records of the demonstration of the competencies mentioned in subsection (2) and paragraph (3) (c);

(b)   records of the performance of the required maintenance under paragraph (1) (e).

        (5)     A person must not wear an SOS PFD under this exemption, during a marine transfer operation, unless:

(a)   they have ensured that the SOS PFD meets the requirements of subsection (1); and

(b)   they meet the requirements of subsection (2) and paragraphs (3) (a) and (b); and

(c)   in the case of the pilot in command — they meet the requirements of paragraph (3) (c).

6                                            Condition — pilot in command

                 The pilot in command of a marine transfer operation must ensure, before each flight, that the auto-inflation function of all SOS PFDs on board the helicopter is deactivated in accordance with the manufacturer’s instructions.