Proposed instrument (CASA EX105/23) — Part 105 (Parachute Operators and Pilots) Instrument 2023 (CD 2310OS)

The proposed instrument (CASA EX105/23) — Part 105 (Parachute Operators and Pilots) Instrument 2023 was open for public consultation from 30 October to 13 November 2023. The consultation sought feedback on the proposed instrument that aims to resolve unintended consequences of Part 105 of the Civil Aviation Safety Regulations 1998 (CASR).

The instrument is intended to provide for the safe conduct of operations while minimising, and in some cases removing, compliance costs for parachuting organisations and industry that result from the regulations.

About this consultation
The consultation sought comments regarding the following proposed exemptions:

• For a person that provides a business or service for a parachuting activity (other than an activity involving the operation of an aircraft for a descent by a trainee or tandem parachutist), an exemption from holding an authorisation from a Part 105 ASAO to provide that business or service.
• For a person that provides Part 61 flight training or other training to a person who subsequently operates an aircraft used for parachute descents by parachutists who are not trainee or tandem parachutists, an exemption from holding an authorisation from a Part 105 ASAO to provide the training.
• For the operator and pilot in command (PIC) of an aircraft used for parachute descents by parachutists who are not trainee or tandem parachutists, an exemption from holding an authorisation from a Part 105 ASAO.
• For the PIC of a multi-engine aeroplane or a single-engine turbine-powered aeroplane that is being operated to facilitate a parachute descent by a trainee or tandem parachutist, subject to conditions, exemptions from the 10-hour flight time on type as PIC requirement in circumstances where the PIC:
  • is operating an aeroplane of that type under the supervision of an authorised pilot for the purpose of accumulating the required flight time

or

• • has accumulated the flight time in an aeroplane of that type under such supervision.

In association with the proposed exemptions, the consultation sought comments regarding the following proposed direction that prescribe conditions for the purposes of the 10-hour flight time on type exemption:

• Prescribe the circumstances in which the exemption applies.
• Prescribe the aeronautical experience required of supervising pilots and the ASAO-authorisation of those pilots.
• Requirement for the inclusion of safe conduct procedures (in the ASAO’s exposition) for the operation of an aircraft operated to facilitate a parachute descent by a trainee or tandem parachutist that involves pilot supervision.

In addition, the consultation sought comments on a proposed direction that contains conditions that would apply to parachuting descents from a helicopter, including requiring the PIC of a helicopter operated to facilitate a parachute descent by a trainee or tandem parachutist to have a minimum flight time of 10 hours on type.

A total of 13 submissions were received in response to the consultation. Nine of the respondents identified as jump pilot authorisation holders, 8 as aircraft owner/operators, 7 as parachute operators and 4 as an ASAO or prospective ASAO.

Exemption 1
In relation to the consultation question regarding the proposed exemption from holding a Part 105 ASAO authorisation, for a person operating a business or undertaking, who provides services or equipment not directly linked to the conduct of a parachute descent, 11 responses were received that supported the proposed exemption. Two responses were either undecided or did not answer the question.

The purpose of the exemption is to exclude businesses or undertakings that provide equipment or services that are peripheral to the conduct of a parachute descent such as aircraft fuel suppliers.

CASA response
CASA has implemented the exemption as proposed.

Exemption 2
In relation to the proposed exemption from holding a Part 105 ASAO authorisation, for a person who provides training in the operation of an aircraft, which skills and privileges may be used to facilitate a parachute descent by a parachutist, 9 responses were received in support of the proposal, 2 responses opposed the proposal, and 2 responses were either undecided or did not answer the question.

One respondent who opposed expressed a view that some formal parachute operations training should be implemented for pilot instructors.

CASA response
Authorisation of a person under Part 105 that conducts training for pilots of parachuting aircraft that are not operating as part of parachuting training operation is not required under the legislation in force before 2 December 2023. The proposal as consulted serves to preserve that position with the end of the Part 105 transitional regulations on 1 December 2023 by means of an exemption from the unintended consequence of the application of regulation 105.065 of CASR to such persons. The exemption ensures Part 61/141/142 flight training is not captured within the scope of Part 105 jump pilot training.

CASA has implemented the exemption as proposed.

Exemption 3
In relation to the proposed exemption from holding a Part 105 ASAO authorisation for a pilot operating an aircraft to facilitate a parachute descent by a parachutist, excluding trainee or tandem parachutists, 11 responses were received in support of the proposal, one response supported the proposal with changes, and one was undecided. The purpose of the exemption is to exclude the person who received the Part 61/141/142 flight training in exemption 2 from being captured within the scope of Part 105 activities, as the activity is associated with exercising Part 61 privileges, rather than privileges associated with a Part 105 authorisation.

The response that supported with changes expressed a view that all pilots should receive training in the operation of an aircraft operated for a parachute descent from a person holding a Part 105 ASAO-issued authorisation (a JPA Examiner).

CASA response
An ASAO authorisation to operate an aircraft that is used for a parachute descent that is not operating as part of parachuting training operation is not required under the legislation in force prior to 2 December 2023. The proposal as consulted serves to preserve that position with the end of the Part 105 transitional regulations on 1 December 2023 by means of an exemption from the unintended consequence of the application of regulation 105.065 of CASR to such persons.

The exemption ensures that the Part 105 does not inadvertently introduce a requirement that has not been explicitly consulted with the parachuting sector. While CASA recognises that there may be safety benefits associated with pilots, who are conducting parachuting operations that are not parachuting training, receiving training in the operation of an aircraft operated for a parachute descent from a JPA examiner, such a change is outside the policy scope of the proposed exemption instrument.

CASA has implemented the exemption as proposed.

Exemption 4 and 5
In relation to the 2 proposed exemptions (subject to conditions) from certain provisions of regulation 105.080 of CASR relating to the required flight time on type for the operation, in a parachute training operation, of a single-engine turbine-powered aeroplane or a multi-engine aeroplane while under supervision, 9 responses were received in support of the proposals. Two respondents were undecided or did not answer and 2 opposed the proposed exemptions.

The proposal provided an exemption from the 10 hour flight time on type requirement for the PIC in the following circumstances:

1. 1. Before they have 10 hours on type - provided they are under supervision of an authorised pilot.
   2. Once they have 10 hours on type accumulated as PIC, PICUS or as pilot under ASAO supervision – from the 10 hour PIC flight time requirement.

Both respondents who opposed the exemptions did so on the basis of the conditions attached to the exemption.

For the proposed conditions attached to the exemptions, 5 responses supported the conditions, one supported the conditions with changes, 3 did not answer or were undecided and 4 were opposed. All the respondents who supported the proposal with changes or opposed the proposal did so on the basis of the limit of 14 persons on board (POB) condition for the flight. In further consultation with CASA, the Australian Parachute Federation stated that they preferred the exemptions not be made if the 14 POB condition was not removed.

CASA response
The purpose of the 14 POB limit is to minimise the consequence of the risk of an ASAO supervising pilot failing to identify or respond to a developing hazard such that they can assume control of the aircraft in sufficient time (for an aeroplane piloted by a pilot under supervision) to ensure the safety of the aircraft and the persons on board.

CASA does not agree with removing the limit because it considers that it introduces an unnecessary increased consequence, for which no further mitigation is available and assumes the supervising pilot will, in all adverse safety events, be able to recognise and respond quickly and appropriately. The risk of that consequence being realised will be less for operations at MTOW once a pilot is more familiar with the aircraft and supervision of a pilot at the limits of the operating envelope can be conducted with greater confidence. Such supervision can be conducted once the pilot has 10 hours flight time on type.

With the agreement of the Australian Parachute Federation, the exemptions have been omitted from the instrument as made. This means that the alleviation from regulation 105.080 of CASR provided by the 2 proposed exemptions is not available. Consequently, supervision of a pilot with less than 10 hours of flight time on type, either as PICUS (within the meaning of regulation 61.095 of CASR) or as a pilot under ASAO supervision, in a parachute training operation (a flight involving a parachute descent by a trainee or tandem parachutist), is not permitted.

Direction: flight time on type - helicopters
For the flight time direction for helicopter pilots, where the PIC of a helicopter operated to facilitate a parachute descent by a trainee or tandem parachutist must have to have a minimum flight time of 10 hours on type, 11 responses supported the proposal and 2 were either undecided or did not answer.

CASA response
CASA has implemented the direction as proposed.

Next steps
Instrument CASA EX 105/23 was registered on the Federal Register of Legislation on 1 December 2023 for concurrent commencement with the Part 105 Manual of Standards (MOS) on 2 December 2023, after the self-repeal of the Part 105 transitional arrangements on 1 December 2023.

Other than the personnel fatigue management rules (required under Subpart 105.G of CASR) that are still subject to development, commencement of these instruments completes the Part 105 of CASR project.