{"id":"F2005B00892","name":"Civil Aviation Amendment Order (No. R62) 2004 - Civil Aviation Order 95.7.3 - Exemption of certain helicopters engaged in transferring marine pilots from compliance with subregulation 174B(2) of the Civil Aviation Regulations (12/12/2004)","slug":"civil-aviation-amendment-order-no-r62-2004-civil-aviation-order-95-7-3-exemption-of-certain-helicopt","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32294,"registerId":"commonwealth-F2005B00892-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R62) 2004 - Civil Aviation Order 95.7.3 - Exemption of certain helicopters engaged in transferring marine pilots from compliance with subregulation 174B(2) of the Civil Aviation Regulations (12/12/2004)","content":"Civil Aviation Amendment Order\n\n(No. R62) 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. R62) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 95.7.3 of the Civil Aviation Orders\n\nSection 95.7.3 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 95.7.3 of the Civil Aviation Orders\n\nSECTION 95.7.3\n\nEXEMPTION OF CERTAIN HELICOPTERS ENGAGED IN TRANSFER-RING MARINE PILOTS FROM COMPLIANCE WITH SUBREGULATION 174B (2) OF THE CIVIL AVIATION REGULATIONS 1988\n\n1 APPLICATION\n\n1.1 This section applies to a helicopter that:\n\n(a) is engaged in charter operations at night for hire or reward for the purpose of transferring marine pilots from:\n\n(i) land to ship; or\n\n(ii) ship to land; or\n\n(iii) ship to ship; and\n\n(b) is equipped with flight instrumentation in accordance with subsection 2; and\n\n(c) is crewed by flight crew members who comply with subsection 3.\n\n2 SPECIAL EQUIPMENT REQUIREMENTS FOR A HELICOPTER ENGAGED IN MARINE PILOT TRANSFERS\n\n2.1 The flight instrumentation of a helicopter engaged in marine pilot transfers must:\n\n(a) meet the requirements specified in Appendix VIII of section 20.18; and\n\n(b) include a radio or radar altimeter; and\n\n(c) if the helicopter is required, under subparagraph 4.1 (c), to be crewed by 2 pilots — a second attitude indicator must be fitted instead of a turn indicator.\n\n3 TRAINING THAT MUST HAVE BEEN UNDERTAKEN BY HELICOPTER FLIGHT CREW\n\n3.1 The pilot of a helicopter engaged in marine pilot transfers must meet the requirements specified in the operator’s operations manual relating to:\n\n(a) additional night training, under the supervision of a pilot nominated by the operator, including the specified minimum number of:\n\n(i) night transfers; and\n\n(ii) shipboard landings and take-offs; and\n\n(b) recent aeronautical experience.\n\n3.2 All helicopter flight crew engaged in marine pilot transfers must have undertaken helicopter underwater escape training.\n\n4 OPERATIONAL REQUIREMENTS FOR HELICOPTERS ENGAGED IN MARINE PILOT TRANSFERS\n\n4.1 While a helicopter is engaged in a marine pilot transfer at night:\n\n(a) all flight crew must wear a serviceable life jacket fitted with:\n\n(i) an integral electric light; and\n\n(ii) a very high frequency emergency locator beacon; and\n\n(b) the V.M.C. conditions specified in the helicopter’s flight manual for flight at night must be followed; and\n\n(c) if a helicopter is engaged in a transfer to or from, or between ships, at a distance of more than 10 nautical miles from land — the helicopter must be:\n\n(i) crewed by 2 pilots; or\n\n(ii) crewed by 1 pilot and must be fitted with an auto pilot and a compass system that are serviceable and have been approved by CASA for use in operations of that kind.\n\n5 OPERATOR’S RESPONSIBILITIES\n\n5.1 The operator of a helicopter engaged in marine pilot transfers at night must ensure that the operator has access to an appropriate search and rescue vessel or helicopter at all times while the helicopter is transferring a marine pilot.\n\n5.2 A vessel is taken to be an appropriate search and rescue vessel if and only if:\n\n    (a) it can be underway on 30 minutes notice; and\n    (b) it is fitted with very high frequency homing equipment and radar.\n\n5.3 A helicopter is taken to be an appropriate search and rescue helicopter if and only if:\n\n(a) it can be under way on 30 minutes notice; and\n\n(b) it is located within its safe range of operation from the marine pilot transfer; and\n\n(c) in addition to having the equipment referred to in subparagraph 5.2 (b), it is equipped to carry out search and rescue operations at night in the prevailing meteorological conditions; and\n\n(d) it is crewed by persons trained to carry out those operations.\n\n6 EXEMPTION UNDER REGULATION 308 OF THE CIVIL AVIATION REGULATIONS 1988\n\n6.1 A helicopter to which this section applies is exempt from compliance with the provisions of subregulation 174B (2) of the Civil Aviation Regulations 1988 if the requirements of subsections 4 and 5 are met in relation to the helicopter.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Order substitutes a revised section 95.7.3 but retains a focused, narrow purpose: to permit night-time helicopter marine pilot transfers to operate without complying with subregulation 174B(2) only when tightly specified safeguards are met. It does not broaden the class of operations covered beyond marine pilot transfers nor convert the exemption into a general relaxation for other helicopter operations. The substitution clarifies and operationalises equipment, training and SAR conditions rather than materially expanding the scope of activities exempted."},"complexity_factors":["Single substituted section with multiple numbered subsections (1–6) and nested subparagraphs","Cross-reference to an external regulation (subregulation 174B(2) of the Civil Aviation Regulations 1988)","Cross-reference to technical standards in Appendix VIII of section 20.18","Conditional logic based on distance from land (10 nautical miles) affecting crew/equipment requirements (two-pilot vs single-pilot with approved autopilot/compass)","Requirement for CASA approval for certain equipment use (discretionary element)","Operator-level delegation via operations manual requirements (training minima and recent experience), increasing interpretive work for operators and auditors","Detailed, operationally specific SAR definitions (30-minute readiness, equipment and crew training) that impose logistical conditions","Mixed prescriptive and performance-based requirements (specific hardware plus broader SAR capability and crew training)","Multiple distinct compliance burdens (equipment, training, lifejackets/beacons, SAR arrangements) that interact operationally","Limited statutory definitions in the instrument itself (relies on other documents for technical detail), increasing cross-reference load"],"plain_english_summary":"This Order creates a narrow, conditional exemption allowing helicopters that perform night marine pilot transfers to avoid subregulation 174B(2) if they meet specified equipment, crew training, operational and search‑and‑rescue requirements and obtain CASA approvals. It affects helicopter operators, flight crew and pilot‑transfer customers (ports, shipowners), preserving night operations under strict safeguards while shifting equipment, training and SAR costs and compliance burdens onto operators and oversight responsibilities to CASA."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow scope. It is a specific exemption instrument targeting a particular operational niche (night-time marine pilot transfers by helicopter). The Order does not expand beyond its stated purpose of exempting compliant helicopters from subregulation 174B(2) while imposing alternative safety requirements. The conditions are tightly circumscribed to the specific risk profile of ship-to-ship/ship-to-land helicopter operations at night."},"complexity_factors":["Multiple nested conditions (e.g., subsection 4.1(c) triggers requirements that then reference subsection 2.1(c) for equipment specifications)","Cross-references to external documents: Appendix VIII of section 20.18 of the Civil Aviation Orders, and subregulation 174B(2) of the Civil Aviation Regulations 1988","Defined conditional terms: 'appropriate search and rescue vessel' and 'appropriate search and rescue helicopter' each have 2-4 specific criteria that must all be met","Dual pathways for compliance (e.g., 4.1(c) offers alternative compliance methods: 2 pilots OR 1 pilot with specific equipment)","Geographic trigger: the 10 nautical miles from land threshold creates a binary condition that changes crewing requirements","Integration with operator-specific documentation: references to 'operator's operations manual' for training standards"],"plain_english_summary":"This legislation creates a specific exemption for helicopters that transfer marine pilots between ships and land at night. Normally, aviation rules (specifically subregulation 174B(2)) restrict certain night operations, but this Order allows helicopters to conduct these transfers at night provided they meet strict safety conditions.\n\n**Who it affects:**\n- Helicopter operators and pilots who transfer marine pilots (the experts who guide large ships into ports)\n- Marine pilot transfer services operating at night\n- CASA (Civil Aviation Safety Authority) as the regulator\n\n**What it requires:**\nTo qualify for the exemption, helicopters must have:\n- **Special equipment**: Proper flight instruments including radio/radar altimeters, and dual attitude indicators when two pilots are required\n- **Trained crew**: Pilots must complete additional night training with supervised shipboard landings; all crew must complete underwater escape training\n- **Safety gear**: Flight crew must wear life jackets with lights and emergency beacons\n- **Weather compliance**: Must follow visual meteorological conditions (VMC — basically, clear enough weather to see where you're going) specified in the flight manual\n- **Two-pilot rule or autopilot**: For transfers more than 10 nautical miles from land, either two pilots must be on board, or one pilot with approved autopilot and compass systems\n- **Search and rescue backup**: Operators must have access to a rescue vessel or helicopter that can launch within 30 minutes and has proper equipment\n\n**Why it matters:**\nMarine pilot transfers are essential for port operations — large ships need pilots to navigate safely into harbour. Without this exemption, these transfers couldn't happen at night, which would severely disrupt shipping schedules. The Order balances operational necessity with safety by imposing strict conditions rather than banning the activity outright."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r62-2004-civil-aviation-order-95-7-3-exemption-of-certain-helicopt","history":"/api/acts/civil-aviation-amendment-order-no-r62-2004-civil-aviation-order-95-7-3-exemption-of-certain-helicopt/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r62-2004-civil-aviation-order-95-7-3-exemption-of-certain-helicopt/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r62-2004-civil-aviation-order-95-7-3-exemption-of-certain-helicopt/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r62-2004-civil-aviation-order-95-7-3-exemption-of-certain-helicopt/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r62-2004-civil-aviation-order-95-7-3-exemption-of-certain-helicopt/documents"}}