Document ID: chunk:federal_register_of_legislation:F2015C00074:body:0:p2
Version: federal_register_of_legislation:F2015C00074
Segment Type: other
Provision Reference: 
Character Range: 3484–6313

operations subject to the conditions specified in this section.
       3.2For the purposes of regulation 308 of the Civil Aviation Regulations 1988, CASA hereby exempts helicopters conducting winching and rappelling operations from compliance with the provisions of:
(a) paragraph 157 (1) (b); and
(b) paragraph 251 (1) (a); and
(c) paragraph 251 (1) (c);
       of those Regulations subject to the conditions specified in this section.
Note   Attention is directed to the fact that the exemptions granted by this section do not confer on an operator of a helicopter to which this section applies any rights as against the owner or occupier of any land on or over which the operations are conducted, or prejudice in any way the rights and remedies which a person may have at common law in respect of any injury to persons or damage to any property caused, directly or indirectly, by the helicopter.

4 Classification of operations
       Winching and rappelling shall be classified as private, aerial work or charter operations as appropriate except that the rappelling of persons is limited to private or aerial work. In the case of aerial work or charter, an entry shall be made in the air operator's certificate authorising winching and/or rappelling as specific operations.

5 Operating areas
       5.1Subject to paragraphs 5.2 to 5.8, winching or rappelling operations (including training operations in winching or rappelling) are to be conducted over an operating area that satisfies the following requirements:
(a) the area must have a diameter measuring at least 30 metres or twice the length of the helicopter used for the operations, whichever is longer;
(b) there must not be, within its limits, any obstruction higher than 3 metres;
(c) there must be, at its centre, a zone with a diameter of at least 5 metres that is clear of any obstruction or other hazard and is reserved for winching and/or rappelling only.
       5.2Paragraph 5.1 does not apply to winching or rappelling operations conducted in the course of a rescue or other emergency operation.
       5.3Paragraph 5.1 does not apply to advanced operational training operations in winching conducted for the purpose of a course of training leading to the issue of:
(a) a winch and rappelling operations endorsement; or
(b) a winch and rappelling operations training endorsement; or
(c) a certificate of competence described in Appendix III;
       if:
(d) the operations are conducted over an operating area that is clear of any obstruction that is likely to foul the winch cable; and
(e) only weights are winched during the training operations.
       5.4Paragraph 5.1 does not apply to advanced operational training operations in rappelling conducted for the purposes of a course of training leading to the issue of:
(a) a winch and rappelling operations