Output Number
Approval Date
Published Date Time
Recommendation type
Mode
Date released

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.

Organisation Response
Date Received
Organisation
Civil Aviation Safety Authority
Response Status
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?

Date Received
Organisation
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.

Date Received
Organisation
Civil Aviation Safety Authority
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.