{"id":"F2005B00890","name":"Civil Aviation Amendment Order (No. R61) 2004 - Civil Aviation Order 95.7.2 - Exemption of helicopters engaged in rappelling sling load or winching operations from compliance with certain flight manual limitations (12/12/2004)","slug":"civil-aviation-amendment-order-no-r61-2004-civil-aviation-order-95-7-2-exemption-of-helicopters-enga","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32293,"registerId":"commonwealth-F2005B00890-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R61) 2004 - Civil Aviation Order 95.7.2 - Exemption of helicopters engaged in rappelling sling load or winching operations from compliance with certain flight manual limitations (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R61) 2004\n\nI, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 308 (1) of the Civil Aviation Regulations 1988.\n\n\\[Signed Bruce Byron\\]\n\nBruce Byron\n\nDirector of Aviation Safety and\n\nChief Executive Officer\n\n12 December 2004\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. R61) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.7.2 of the Civil Aviation Orders\n\nSection 95.7.2 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.7.2 of the Civil Aviation Orders\n\nSECTION 95.7.2\n\nEXEMPTION OF HELICOPTERS ENGAGED IN RAPPELLING, SLING LOAD OR WINCHING OPERATIONS FROM COMPLIANCE WITH CERTAIN FLIGHT MANUAL LIMITATIONS\n\n1 APPLICATION\n\n1.1 This section applies to a helicopter:\n\n(a) that has been issued with:\n\n(i) a type approval certificate under regulation 21.13A of the Civil Aviation Safety Regulations 1998; and\n\n(ii) a certificate of airworthiness under regulation 21.176 of the Civil Aviation Safety Regulations 1998;\n\nfor use as a transport category helicopter; and\n\n(b) while the helicopter is engaged in:\n\n(i) rappelling operations; or\n\n(ii) sling load operations; or\n\n(iii) winching operations.\n\n2 INTERPRETATION\n\n2.1 In this section:\n\ninside the avoid area means the area delineated on the height-velocity envelope chart in a helicopter’s flight manual which shows the parameters within which operations should be avoided.\n\nrappelling operations has the same meaning as in section 29.11.\n\nsling load operations means helicopter operations which:\n\n(a) require an external sling to be attached to the sling load attachment point or points of the helicopter; and\n\n(b) involves using the sling to pick up, carry and release objects.\n\nwinching operations has the same meaning as in section 29.11.\n\n3 EXEMPTION UNDER REGULATION 308 OF THE CIVIL AVIATION REGULATIONS 1988\n\n3.1 Subject to paragraph 3.2, a pilot in command operating a helicopter to which this section applies is exempt from compliance with the provisions of subregulation 138 (1) of the Civil Aviation Regulations 1988 to the extent that the limitations set out in the helicopter’s flight manual restrict the operation of the helicopter inside the avoid area delineated in the height-velocity envelope chart contained in the limitations section of the flight manual.\n\n3.2 The exemption does not affect the application of the limitations in relation to the assessment of the performance of the helicopter.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Order substitutes and clarifies the operative exemption but stays within the narrowly defined original purpose: to permit certificated transport‑category helicopters to carry out rappelling, sling‑load and winching operations that would otherwise be restricted by a flight manual’s H‑V “avoid area”. The text tightens applicability by specifying required certificates and retains the performance assessment requirement (section 3.2), so it refines and clarifies implementation rather than materially expanding scope beyond that original operational intent."},"complexity_factors":["Short instrument (single substituted section)","4 defined/defined‑by‑reference terms in section 2.1 (\"inside the avoid area\", \"rappelling operations\", \"sling load operations\", \"winching operations\")","Cross‑references to multiple external provisions (Civil Aviation Regulations subreg 138(1), subreg 308(1); Civil Aviation Safety Regulations regs 21.13A and 21.176; section 29.11 for definitions)","A single conditional exemption with one explicit limitation (paragraph 3.2)","Narrow scope of application (transport category helicopters only; only during three named operations)"],"plain_english_summary":"This Order creates a narrow exemption allowing certain transport‑category helicopters, when certificated and airworthy, to be flown inside the height‑velocity “avoid area” during rappelling, sling‑load or winching operations despite flight‑manual prohibitions. It doesn’t change performance‑assessment requirements. Pilots and operators gain operational flexibility but also assume additional risk‑management, training and procedural responsibilities, while CASA and insurers retain oversight."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This amendment replaces an existing section (95.7.2) with substantively the same purpose. The scope remains tightly focused on the specific exemption for three named helicopter operations. There is no evidence of scope creep; the legislation does exactly what its title suggests and no more."},"complexity_factors":["Very short document (approximately 500 words)","Only 3 defined terms in the interpretation section","Single conditional exemption with one straightforward exception (paragraph 3.2)","No cross-references to other legislation beyond naming related regulations (CAR 1988, CASR 1998) and Civil Aviation Order section 29.11","Clear structure: application → interpretation → exemption","No nested exceptions or complex logical operators"],"plain_english_summary":"**What this legislation does:**\n\nThis Order gives helicopter pilots a limited exemption from normal flight safety rules when they're doing three specific high-risk jobs: **rappelling** (where people slide down ropes from the helicopter), **sling load operations** (carrying heavy objects underneath on a cable), and **winching** (hoisting people or equipment up and down).\n\nNormally, helicopter flight manuals contain a \"height-velocity envelope\" — basically a chart showing dangerous combinations of low altitude and low speed where the pilot shouldn't fly because there's no safe way to land if the engine fails. This \"avoid area\" is a safety buffer.\n\nThis Order says: **for these three specific operations, pilots can ignore the \"avoid area\" restrictions** — but with one important catch. They still have to calculate whether the helicopter can actually perform the job safely (performance calculations). They just don't have to follow the flight manual's \"don't fly here\" zone.\n\n**Who it affects:**\n- **Pilots** doing rappelling, sling load, or winching work in transport category helicopters\n- **Helicopter operators** running these specialised services (often emergency services, firefighting, or construction)\n- **CASA** (the aviation safety regulator), which issued this exemption\n\n**Why it matters:**\nThese operations inherently require flying low and slow — exactly what the flight manual normally forbids. Without this exemption, these critical services (search and rescue, firefighting, heavy lifting) would technically be illegal. The Order acknowledges reality: sometimes you need to fly in the \"danger zone\" to get the job done, provided you still do the maths on whether the helicopter can handle it."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r61-2004-civil-aviation-order-95-7-2-exemption-of-helicopters-enga","history":"/api/acts/civil-aviation-amendment-order-no-r61-2004-civil-aviation-order-95-7-2-exemption-of-helicopters-enga/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r61-2004-civil-aviation-order-95-7-2-exemption-of-helicopters-enga/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r61-2004-civil-aviation-order-95-7-2-exemption-of-helicopters-enga/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r61-2004-civil-aviation-order-95-7-2-exemption-of-helicopters-enga/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r61-2004-civil-aviation-order-95-7-2-exemption-of-helicopters-enga/documents"}}