Aviation Briefs

Of particular concern to the many industry members attending was the impact of the Department’s (relatively new) AIP-AGA-7 which is already making its presence felt in the helicopter community and the views expressed by those members raise matters of concern.

On a first reading, the AIP appears innocuous enough and it does in fact . . represent a d. istinct improvement over its predecessor; a high proportion of helicopter operators acknowledge that the various stipulated types of landing areas, and indeed, the general scheme of regulations introduced was timely. The practical effect of the AIP, however, is seen by many to be overly restrictive in a number of areas, including commercial operations at night and winching.

The objections to AGA-7 being voiced by many operators arise largely out of the interpretation of what properly constitutes an acceptable forced landing area. The AIP describes such an area as one of sufficient size to permit an auto-rotative landing by a helicopter so that no injury to persons or damage to property on the ground will occur and so as to preclude risk of injury to the occupants of the helicopter. There is not, nor can there be any legitimate argument that the avoidance of injury to persons on the ground and to the occupants of a helicopter is a matter of the utmost priority. However, the stipulation that the forced landing area be such that damage to property on the ground will . not occur is too readily capable of working unnecessary (and perhaps unintended) hardship on operators when the only damage that might occur to property is damage to the operator’s own property on the ground.

That was precisely the argument advanced by one operator in pointing to the suitability of its own large carpark as a forced landing area; The argument did not prevail over the objection that it was possible, in the event of an auto-rotative landing at the site, that the operator’s helicopter could damage property on that site not belonging to the operator. As a consequence, the operator was effectively compelled to acquire a twin-engined helicopter in order to continue operations from its existing site.

AGA-7 has a similar effect on marine operations to offshore rigs and vessels and rescue operations due to the requirement for helicopters to be able to hover and fly away in the event of an engine failure. That requirement effectively means that operations of that nature are confined to aircraft in, for example, the Aerospatiale Super Puma class. Aircraft in that type class are designed, and very well suited, for long distance multi-passenger transport, but operators question the economic viability of deploying aircraft of that type in operations involving, for example, the transfer of marine pilots to and from ships offshore. Indeed, it appears that neither the major helicopter manufacturers nor the majority of foreign aviation regulators have sought to introduce laws with the same stringent requirements as those formulated in AGA-7 and it is seriously questioned whether there are any special circumstances existing in Australia that justify the imposition of those requirements here when foreign experience would seem to indicate that more moderate requirements are adequate.

AIP-AGA-7 represents one of the most far reaching helicopter regulations so far introduced in Australia and it is hoped that consultation between the Department and concerned sections of the helicopter industry will see the formulation of rules that rationally balance the requirement for a high level of safety with that of the general community’s growing demand for the expansion and diversification of the helicopter’s valued form of transport and community service.

(David Boughen’s paper is available on order from the ALAA Secretariat, 90 Pitt Street, Sydney, 2000/GPO Box 5186 Sydney 2001 (or DX 1285 Sydney). The ALM also publishes annually bound copies of principal papers presented by speakers at the various Branch Meetings, Specialist Forums and Conferences conducted throughout Australia by the Association. Those annual volumes are also available on order from the ALAA Secretariat and are distributed free to members each year. )

1988 International Air Safety Law Congress: Update

With just over a month remaining to the official opening of the ALAA’s Air Safety Law Congress in Sydney attendance registrations so far appear set to exceed projected levels.

The Congress was the subject of a comprehensive Brief in July AA p120 and since that Brief went to press arrangements for the attendance of additional eminent US aviation lawyers are being finalised.

With the debate hotting up over deregulation, the FAC and CAA (see for example Commercial Aviation Update, July AA p102) the Congress is planned to be the major aviation law forum so far convened to canvass those and related issues.

As one of two selected forerunners to the Congress, Mr Collin Freeland, Chief Executive Officer, Civil Aviation Authority, on September 7 addressed the NSW Branch ALAA in Sydney on the organisational structure and scope of powers of the Authority. Mr William Swingler, Chief Executive Officer, Federal Airports Corporation, also addressed the NSW Branch on June 7 at Bankstown Airport and their introductions to the respective Corporations have already set the stage for lively debate on their impact on the industry.

Registration forms and further information on the Congress can be obtained from Mr Roh Cook of Travelaw, 130 Phillip Street, Sydney, 2000 (Fax: (02) 231 2758).

Legal Eagles Set to Soar

When the flag falls at Narromine on Sep1ember 18 for the start of the GE sponsored around Australia Bicentennial Air Race there will be one crew that undertakes to treat other competitors with equity whilst strictly obeying the code of race rules but without giving any forensic advantages to their airborne opponents.

The Legal Eagles, flying a Beechcraft Bonanza aircraft are believed to be the first such team to compete in a major Australian air race and they are determined to do justice by their generous sponsors.

The crew consists of Sydney lawyers Russell Mcilwaine, Brian Kinsella and Greg Poole; all members of the New South Wales Branch ALAA with active interests in aerobatics and business and sport flying.

The two week race has already attracted a large number of entrants from Australia and overseas and includes some magnificent vintage aircraft types rarely seen in our skies. The unique event will finish at Canberra on October 1 and should prove to be a fitting prelude to both the ALM International Air Safety World Congress in Sydney commencing October 12 as well as the Bicentennial Richmond Air Show. Legibus Mundi Adstrictus Sed lnstar Avis Subvolo.