Recommendation R20010195

Recommendation issued to: Civil Aviation Safety Authority

Recommendation details
Output No: R20010195
Date issued: 07 September 2001
Safety action status:
Background: Why this Recommendation was developed

Output text

The Australian Transport Safety Bureau recommends that the Civil Aviation Safety Authority consider proposing an increase in the operations' classification, and/or the minimum safety standards required, for organisations that transport their own employees and similar personnel (for example contractors, personnel from related organisations, or prisoners, but not fare-paying passengers) on a regular basis. This recommendation applies to all such operations, regardless of the take-off weight of the aircraft involved.

Initial response
Date issued: 04 February 2002
Response from: Civil Aviation Safety Authority
Action status: Monitor
Response text:

I refer to your letter of 12 September 2001 enclosing a copy of Air Safety Recommendation R20010195 which relates to classification of passenger carrying operations. Please accept my apologies for the delay in my reply.

As you are aware, CASA is presently reviewing the standards contained within the existing Civil Aviation Regulations (CARs) and Civil Aviation Orders (CAOs) with regard to the Classification of Aircraft Operations. The input and recommendations contained within Air Safety Recommendation R20010195 will be taken into consideration and addressed as part of this project.

The outcome of the review will determine which category employees (and similar personnel such as contractors) are placed and the standards that will apply to their transportation in aircraft. I trust that this review will satisfactorily address the issues raised in this Air Safety Recommendation.

ATSB response:

ATSB Note: The Bureau sent an e-mail to CASA on 13 November 2002. It stated, in part:

My understanding, based on our phone conversation today, is that CASA is acting on the recommendation and is in the consultation phase of this process. CASA has prepared a draft amendment to the Classification of Operations Policy that increases the requirements for operators who carry employees and similar types of passengers. The proposal is currently with the Standards Consultative Committee, and will be presented to the Aviation Safety Forum on 6 December 2002. It is anticipated that an NPRM to amend CAR 206 will then be issued for public comment in early 2003.

Can you please confirm whether this a correct understanding of the current situation?

Further correspondence
Date issued: 14 November 2002
Response from: Civil Aviation Safety Authority
Response text:

... the draft Classification of Operations policy document is with the Standards Consultative Committee for consultation and it is anticipated that it will go to the Aviation Safety Forum for consultation on the 6th of December 2002.

As a result of this consultation, CASA proposes releasing an NPRM early next year to consult with the aviation industry with a view to amend CAR 206 to give effect to changes which would see recommendation R20010195 being adopted.

Further correspondence
Date issued: 02 February 2009
Response from: Civil Aviation Safety Authority
Response status: Closed - Accepted
Response text:

A Notice of Proposed Rule Making (NPRM) proposing amendments to Civil Aviation Regulation (CAR) 206 issued in March 2003. Responses to this NPRM and the associated review of the Classification of Operations confirmed that the proposed amendment to CAR 206, which would accommodate this recommendation would be problematic. Consequently, CASA has decided proceed only with the other amendments to CAR 206. The associated NFRM is currently with the Department of Transport and Regional Services for clearance prior to Ministerial approval.

However, under the new Civil Aviation Safety Regulations, Corp-orate Operations will be classified as Aerial work and will be regulated under CASR Part 132. The carriage of patients and other personnel (other than air transport operations) will be regarded as Aerial Work under subpart pf Part 136 to be titled Emergency and Medical Services Operations. It is proposed that 'Emergency Services Flights' will cover aerial fire-fighting, law enforcement, and search and rescue operations., while 'Medical Services Flights' will cover air ambulance flights, health services flights, and emergency medical services flights. The development of these regulations is proceeding in consultation with industry.

ATSB Note:

Based on the above advice the Australian Transport Safety Bureau reclassifies the recommendation as Closed - Partially Accepted as at 2 February 2009.

Last update 01 April 2011