Diablo,
The sum total of Australian regulations in this respect.
4 CARRIAGE OF PERSONS
The pilot in command of a helicopter engaged in sling load operations shall
not permit any person to be carried in the helicopter except:
(a) a flight crew member; or
(b) a flight crew member under training; or
(c) a person who performs an essential function in connection with sling
load operations.
Total FAR regarding carriage. Paragraph 4?
Sec. 133.35 Carriage of persons.
(a) No certificate holder may allow a person to be carried during
rotorcraft external-load operations unless that person--
(1) Is a flight crewmember;
(2) Is a flight crewmember trainee;
(3) Performs an essential function in connection with the external-load
operation; or
(4) Is necessary to accomplish the work activity directly associated with
that operation.
(b) The pilot in command shall ensure that all persons are briefed before
takeoff on all pertinent procedures to be followed (including normal,
abnormal, and emergency procedures) and equipment to be used during the
external-load operation.
New Zealand regulations Part 133.
(b) A pilot-in-command shall not carry a person inside the helicopter on a
helicopter sling load operation, who is not performing a function essential to
the helicopter sling load operation, unless—
(1) the operation is not a human sling load operation; and
(2) the person is necessary to accomplish the on site work activity
directly associated with the sling load; and
(3) the safety of the operation is not compromised.
133.73 Supplementary crew member
(a) Each pilot-in-command of a helicopter performing a helicopter
external load operation shall ensure that a supplementary crew member—
(1) is carried when the pilot-in-command is unable to—
(i) operate the winch; or
(ii) observe the load; or
(iii) release the load; or
(iv) observe clearances; or
(v) emplane and deplane persons; and
(2) has been fully briefed on the operation, and specific tasks to be
carried out, prior to take-off; and
(3) is secured by a harness that can readily be released in the event
of an emergency but that cannot be inadvertently released; and
(4) is provided with a system that enables two way communication
with the pilot.
May have even be a requirement in the latter case.
Over to the Flying Lawyer.
Of note is the fact that it is the PIC or in the case of the USA the certificate holder who shall allow or not allow the carriage of persons who peform an essental function. In the case of NZ it may have been imperative.
Legal, illegal, common sense or folly?
Rappelling is conducted with obviously an additional crewmember and the rappel crew are passengers until they leave the aircraft, after all they are not flight crew.
The guy was trained and briefed accordingly, and performed a function necessary to complete the job. He occupied a passenger seat on the RH side of the aircraft, was restrained and in communication with the PIC.
Hmmm, untrained passenger in the command seat. So you could guarantee that in an emergency he wouldn't impede the full movement of the controls?
In this case PIC was possible from either seat. The LH seat having Full flight instruments, engine power instruments in the bubble door, idle release and manual hook release.
Even if someone was in the other control seat.
CAO 20.16.3
11 CARRIAGE OF PASSENGERS IN SEATS AT WHICH DUAL CONTROLS
ARE FITTED
11.1 Except as provided in paragraph 11.2, in all aircraft for which the Certificate of
Airworthiness specifies a minimum crew of one pilot, a person may occupy a
seat at which fully or partially functioning dual controls are fitted if the pilot
gives adequate instruction to that person to ensure that the controls are not
interfered with in flight and there is satisfactory communication available at all
times between the pilot and that person.
The antonym of essential is accidental, and he wasn't there by accident. The authorities obviously agreed with my interpretation and were fully aware he was there and of his function.
Think about anything long enough and you can rationalise any type of maneuver.
I guess you must be right.