Proposed amendments to Part 138 MOS - Carriage of personnel involved in firefighting activities - (CD 2509OS)

Overview

We are seeking your feedback on proposed amendments to the Part 138 Manual of Standards (MOS). Implementing this policy change will allow aerial work certificate holders to use helicopters to transport ground personnel in certain situations, instead of using the air transport rules.

Helicopter operators who may be interested in conducting these operations are encouraged to participate in this consultation and provide feedback.

The proposed new rules

The principal changes in the proposed Part 138 MOS amendment instrument are:

• a ‘fireground personnel carriage operation’ being prescribed as a new kind of aerial work operation, in addition to the existing 3 kinds of aerial work operations (being external load operations, dispensing operations and task specialist operations)
• new definitions in the MOS that apply to a fireground personnel carriage operation
• requirements on operators in relation to training and checking systems, safety management systems and crew fatigue management for a fireground personnel carriage operation
• pre-flight aerial work passenger requirements, aircraft performance requirements over populous areas (which may include fire helibases) and operator record keeping. This includes verification by the operator of the information, acknowledgement and consent requirements for aerial work passengers to be carried on a fight that is part of a fireground personnel carriage operation.

Previous consultations

Direct consultation with aviation industry representative bodies, emergency service organisations involved in fire response and some air operators occurred in 2024 during CASA’s consideration of potential policy changes.

We previously consulted on this policy change during September and October 2024. Support was received from the majority of emergency service stakeholders and helicopter operators who submitted a response. This consultation is available through our Consultation hub: Proposed change to policy on carriage of personnel involved in firefighting activities - (PP 2406OS).

All feedback and comments received during this prior consultation were carefully considered, including the desirability for the rules to clearly specify the requirements for where an operation can be conducted under the aerial work rules instead of air transport.

The amendments to the Part 138 MOS have been drafted with this objective in mind, as well as ensuring that relevant emergency service authorities and operators have greater flexibility to efficiently and safety coordinate and conduct operations in and around firegrounds.

Why your views matter

Your feedback will help us make sure the proposed Part 138 MOS amendments achieve the policy objectives, are clear and will work as intended.

Please submit your comments using the survey link on this page.

If you are unable to provide feedback via the survey link, please email regulatoryconsultation@casa.gov.au for advice.

Documents for review

All documents related to this consultation are attached in the ‘Related’ section at the bottom of the overview page. They are:

• Summary of proposed change on CD 2509OS, which provides additional information explaining the reasoning behind each proposed amendment item
• Consultation draft - Part 138 Manual of Standards Amendment Instrument 2025 (No. 2)
• MS Word copy of online consultation for ease of distribution and feedback within your organisation.

What happens next

At the end of the response period, we will:

• review all comments received
• make responses publicly available on the consultation hub (unless you request your submission remain confidential)
• publish a Summary of Consultation which summarises the feedback received and outlines any intended changes and next steps.

All comments received on the proposed legislation will be considered. Relevant feedback that improves upon the proposed instrument will be incorporated into the final instrument.

Post-implementation review

CASA will monitor the new rules on an ongoing basis. We will also examine application of the policy to a broader range of emergency service responses, such as flood and storm relief.