Rescue helo operators fight NZ CAA
NZ Civil Aviation Act 1990
In the old days before dedicated HEMS most operations were conducted as follows and can still be done of course. If you are standing up and calling yourself a dedicated service and cannot comply with the rules, then obviously unless the following applies, you cannot conduct the operation.
With dedicated services now available, unless the operation is the last resort, you would have a difficult case.
There is the requirement that if you do take up this option you must clearly report the case. Your report will need to be watertight.
The head of the Rotary Unit is one of the few people I know to be charged under the Regulations and the Act, so he is well experienced in these matters!
With dedicated services now available, unless the operation is the last resort, you would have a difficult case.
NZ Civil Aviation Act 1990
13A Duties of pilot-in-command and operator during emergencies
(1) Subject to subsections (2) and (6) of this section, in an emergency that arises
in flight, the pilot-in-command may breach the provisions of this Act or of
regulations or rules made under this Act.
(2) For the purposes of subsection (1) of this section, a breach of any prescribed
requirement is permitted only if the pilot-in-command is satisfied that—
(a) The emergency involves a danger to life or property; and
(b) The extent of the breach of the prescribed requirement goes only as far
as is necessary to deal with the emergency; and
(c) There is no other reasonable means of alleviating, avoiding, or
assisting with the emergency; and
(d) The degree of danger involved in complying with the prescribed
requirement is clearly greater than the degree of danger involved in
deviating from it.
(3) Subject to subsections (4) to (6) of this section, where an emergency (not
being an emergency that arises in flight) necessitates the urgent transportation
of persons or medical or other supplies for the protection of life or property,
the pilot-in-command of the aircraft or the operator of the aircraft may breach
the provisions of this Act or of regulations or rules made under this Act.
(4) For the purposes of subsection (3) of this section, a breach of any prescribed
requirement is permitted only if—
(a) The emergency involves a danger to life or property; and
(b) The extent of the breach of the prescribed requirement goes only as far
as is necessary to deal with the emergency; and
(c) There is no other reasonable means of alleviating, avoiding, or
assisting with the emergency; and
(d) The degree of danger involved in deviating from the prescribed
requirement is clearly less than the degree of risk in failing to attend to
the emergency.
13A Duties of pilot-in-command and operator during emergencies
(1) Subject to subsections (2) and (6) of this section, in an emergency that arises
in flight, the pilot-in-command may breach the provisions of this Act or of
regulations or rules made under this Act.
(2) For the purposes of subsection (1) of this section, a breach of any prescribed
requirement is permitted only if the pilot-in-command is satisfied that—
(a) The emergency involves a danger to life or property; and
(b) The extent of the breach of the prescribed requirement goes only as far
as is necessary to deal with the emergency; and
(c) There is no other reasonable means of alleviating, avoiding, or
assisting with the emergency; and
(d) The degree of danger involved in complying with the prescribed
requirement is clearly greater than the degree of danger involved in
deviating from it.
(3) Subject to subsections (4) to (6) of this section, where an emergency (not
being an emergency that arises in flight) necessitates the urgent transportation
of persons or medical or other supplies for the protection of life or property,
the pilot-in-command of the aircraft or the operator of the aircraft may breach
the provisions of this Act or of regulations or rules made under this Act.
(4) For the purposes of subsection (3) of this section, a breach of any prescribed
requirement is permitted only if—
(a) The emergency involves a danger to life or property; and
(b) The extent of the breach of the prescribed requirement goes only as far
as is necessary to deal with the emergency; and
(c) There is no other reasonable means of alleviating, avoiding, or
assisting with the emergency; and
(d) The degree of danger involved in deviating from the prescribed
requirement is clearly less than the degree of risk in failing to attend to
the emergency.
The head of the Rotary Unit is one of the few people I know to be charged under the Regulations and the Act, so he is well experienced in these matters!
52A Failure to notify emergency breach of Act or regulations or
rules
Every pilot-in-command commits an offence and is liable to a fine not exceeding
$5,000 who, without reasonable excuse, fails to comply with section 13A(6) of this
Act (which relates to the notification of breaches of this Act or regulations or rules
made under this Act that are committed during an emergency).
rules
Every pilot-in-command commits an offence and is liable to a fine not exceeding
$5,000 who, without reasonable excuse, fails to comply with section 13A(6) of this
Act (which relates to the notification of breaches of this Act or regulations or rules
made under this Act that are committed during an emergency).
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Emergency helicopters warned on landing sites
By EMILY WATT - The Dominion Post | Thursday, 26 February 2009
The Civil Aviation Authority has told rescue helicopter pilots they risk breaking the law during some flights to Wellington Hospital and wants proof they are following the rules.
Pilots have called the rules "ridiculous" and expressed concerns about the impact on patients.
The Dominion Post last month reported that most rescue helicopters flying into Wellington are banned from landing in built-up areas unless it is a life or death emergency.
CAA wrote to operators this month saying it believed they were landing at Wellington Hospital too often. Director Steve Douglas said he doubted the flights were meeting civil aviation rules and asked operators to justify flights.
"I am concerned that these inconsistencies may have safety implications," he wrote.
Up to 80 helicopter flights land at Wellington Hospital each month. At least half are emergency flights but a large proportion of the rest are believed to be routine transfers.
Patients and operators from Palmerston North, Hastings, New Plymouth and Nelson, which all fly single-engine helicopters, are likely to be affected.
Palmerston North's Square Trust rescue helicopter has stopped flying all but emergencies into Wellington since the crackdown. Director John Funnell said this added another hour to travel time as patients had to land at the airport and be transferred by ambulance. The rules were unclear and it could be up to the courts to decide whether they could continue landing at the hospital, he said.
"One would hope that some common sense will prevail here and that they will look at the risk involved."
Mike Toogood, of the Hawke's Bay Rescue Helicopter, said most patient transfers from the region were by aircraft. Only time-critical emergencies, signed off by a doctor, flew into Wellington by helicopter.
Helilink chief pilot Alan Deal earlier said the crackdown would have a huge effect on the industry.
"We have to find places to land, like airfields for instance, and that will create a huge ambulance logistics problem."
Pilots have called the rules "ridiculous" and expressed concerns about the impact on patients.
The Dominion Post last month reported that most rescue helicopters flying into Wellington are banned from landing in built-up areas unless it is a life or death emergency.
CAA wrote to operators this month saying it believed they were landing at Wellington Hospital too often. Director Steve Douglas said he doubted the flights were meeting civil aviation rules and asked operators to justify flights.
"I am concerned that these inconsistencies may have safety implications," he wrote.
Up to 80 helicopter flights land at Wellington Hospital each month. At least half are emergency flights but a large proportion of the rest are believed to be routine transfers.
Patients and operators from Palmerston North, Hastings, New Plymouth and Nelson, which all fly single-engine helicopters, are likely to be affected.
Palmerston North's Square Trust rescue helicopter has stopped flying all but emergencies into Wellington since the crackdown. Director John Funnell said this added another hour to travel time as patients had to land at the airport and be transferred by ambulance. The rules were unclear and it could be up to the courts to decide whether they could continue landing at the hospital, he said.
"One would hope that some common sense will prevail here and that they will look at the risk involved."
Mike Toogood, of the Hawke's Bay Rescue Helicopter, said most patient transfers from the region were by aircraft. Only time-critical emergencies, signed off by a doctor, flew into Wellington by helicopter.
Helilink chief pilot Alan Deal earlier said the crackdown would have a huge effect on the industry.
"We have to find places to land, like airfields for instance, and that will create a huge ambulance logistics problem."
