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49 U.S.C. § 44730Helicopter air ambulance operations

submitted 14 years ago by Pub. L. 112-95 to r/title-49-TRANSPORTATION · 645 words · no verdicts yet

in plain englishAI-generated · not legal advice

Part 135 air-ambulance operators must generally follow weather and duty-time rules whenever medical crew are aboard, with a narrow instrument-flight exception. The FAA had to finalize, by June 1, 2012, a rule improving helicopter air-ambulance safety, covering dispatch procedures, pilot training, and safety equipment like terrain warning systems. The rule had to require a flight risk evaluation program and, for larger operators, an operational control center, with more pilot-training and safety-equipment standards to follow in a later rulemaking.

(a) Compliance Regulations. (1) Except as (2) allows, a part 135 certificate holder providing air ambulance services must comply, whenever medical personnel are on board, with part 135's weather-minimum and flight and duty time rules. (2) If that certificate holder is operating or training under instrument flight rules, the destination weather-reporting requirement doesn't apply if the FAA authorizes skipping it. (b) Final Rule. By June 1, 2012, the FAA had to issue a final rule — building on the notice of proposed rulemaking published October 12, 2010 (75 Fed. Reg. 62640) — to improve the safety of flight crewmembers, medical personnel, and passengers aboard helicopters providing part 135 air ambulance services. (c) Matters To Be Addressed. In that rulemaking, the FAA had to consider, or otherwise address, (1) flight request and dispatch procedures, including performance-based dispatch procedures; (2) pilot training standards, including training in preventing controlled flight into terrain and recovering from unintended flight into instrument weather conditions; (3) safety-enhancing technology and equipment, including helicopter terrain awareness and warning systems, radar altimeters, and, where feasible, devices that function as flight data recorders and cockpit voice recorders; and (4) any other matters the FAA considers appropriate. (d) Minimum Requirements. In issuing the (b) final rule, the FAA had to at least consider, or otherwise address, (1) requiring a part 135 helicopter air-ambulance operator to (A) establish a flight risk evaluation program, based on FAA Notice 8000.301 (issued August 1, 2005) and its updates, (B) develop, as part of that program, a checklist pilots use to decide whether to accept a flight request, and (C) require its pilots to use that checklist; and (2) requiring a part 135 helicopter air-ambulance operator using 10 or more helicopters to have an operational control center meeting FAA-prescribed requirements. (e) Subsequent Actions. (1) After finishing the (b) rulemaking, the FAA had to address, through a follow-on rulemaking or other appropriate means, (A) pilot training standards, including mandatory training requirements with a minimum completion time, training subject areas like communications procedures and technology use, and training standards for crew resource management, flight risk evaluation, pilot-in-command operational control, and use of flight simulation training devices and line-oriented flight training; and (B) safety equipment that flight crewmembers and medical personnel should wear or use, including possible shoulder harnesses, helmets, seatbelts, and fire-resistant clothing to improve crash survivability. (2) Nothing in this subsection requires the FAA to propose or finalize a rule that would weaken or replace the rule required under (b). (f) Definitions. (1) "Part 135" means 14 C.F.R. part 135. (2) "Part 135 certificate holder" means a person holding an operating certificate under part 119 that's authorized to conduct civil helicopter air ambulance operations under part 135.
the actual law source: uscode.house.gov ↗public domain
(a)Compliance Regulations.—
(1)In general.—

Except as provided in paragraph (2), a part 135 certificate holder providing air ambulance services shall comply, whenever medical personnel are onboard the aircraft, with regulations pertaining to weather minimums and flight and duty time under part 135.

(2)Exception.—

If a certificate holder described in paragraph (1) is operating, or carrying out training, under instrument flight rules, the weather reporting requirement at the destination shall not apply if authorized by the Administrator of the Federal Aviation Administration.

(b)Final Rule.—

Not later than June 1, 2012, the Administrator shall issue a final rule, with respect to the notice of proposed rulemaking published in the Federal Register on October 12, 2010 (75 Fed. Reg. 62640), to improve the safety of flight crewmembers, medical personnel, and passengers onboard helicopters providing air ambulance services under part 135.

(c)Matters To Be Addressed.—

In conducting the rulemaking proceeding under subsection (b), the Administrator shall consider, or address through other means, the following:

(1)

Flight request and dispatch procedures, including performance-based flight dispatch procedures.

(2)

Pilot training standards, including establishment of training standards in—

(A)

preventing controlled flight into terrain; and

(B)

recovery from inadvertent flight into instrument meteorological conditions.

(3)

Safety-enhancing technology and equipment, including—

(A)

helicopter terrain awareness and warning systems;

(B)

radar altimeters; and

(C)

devices that perform the function of flight data recorders and cockpit voice recorders, to the extent feasible.

(4)

Such other matters as the Administrator considers appropriate.

(d)Minimum Requirements.—

In issuing a final rule under subsection (b), the Administrator, at a minimum, shall consider, or address through other means, the following:

(1)Flight risk evaluation program.—

The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services—

(A)

establishes a flight risk evaluation program, based on FAA Notice 8000.301 issued by the Administration on August 1, 2005, including any updates thereto;

(B)

as part of the flight risk evaluation program, develops a checklist for use by pilots in determining whether a flight request should be accepted; and

(C)

requires the pilots of the certificate holder to use the checklist.

(2)Operational control center.—

The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services using 10 or more helicopters has an operational control center that meets such requirements as the Administrator may prescribe.

(e)Subsequent Actions.—
(1)In general.—

Upon completion of the rulemaking required under subsection (b), the Administrator shall address through a follow-on rulemaking, or through such other means that the Administrator considers appropriate, the following:

(A)

Pilot training standards, including—

(i)

mandatory training requirements, including a minimum time for completing the training requirements;

(ii)

training subject areas, such as communications procedures and appropriate technology use; and

(iii)

establishment of training standards in—

(I)

crew resource management;

(II)

flight risk evaluation;

(III)

operational control of the pilot in command; and

(IV)

use of flight simulation training devices and line-oriented flight training.

(B)

Use of safety equipment that should be worn or used by flight crewmembers and medical personnel on a flight, including the possible use of shoulder harnesses, helmets, seatbelts, and fire resistant clothing to enhance crash survivability.

(2)Limitation on construction.—

Nothing in this subsection shall be construed to require the Administrator to propose or finalize any rule that would derogate or supersede the rule required to be finalized under subsection (b).

(f)Definitions.—

In this section, the following definitions apply:

(1)Part 135.—

The term “part 135” means part 135 of title 14, Code of Federal Regulations.

(2)Part 135 certificate holder.—

The term “part 135 certificate holder” means a person holding an operating certificate issued under part 119 of title 14, Code of Federal Regulations, that is authorized to conduct civil helicopter air ambulance operations under part 135.

Source credit: (Added Pub. L. 112–95, title III, § 306(a), Feb. 14, 2012, 126 Stat. 58; amended Pub. L. 118–63, title III, § 301(a), May 16, 2024, 138 Stat. 1066.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-95 · 126 Stat. 58
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1066

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-95 on 2012-02-14.

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