49 U.S.C. § 44730 — Helicopter air ambulance operations
submitted 14 years ago by Pub. L. 112-95 to r/title-49-TRANSPORTATION · 645 words · no verdicts yet
Part 135 helicopter air-ambulance operators must follow specified safety rules and are subject to rulemaking requirements. The section lists minimum risk, training, equipment, and operational-control measures.
(a) (1) Except as paragraph (2) provides, a part 135 certificate holder providing air ambulance services must, whenever medical personnel are aboard, follow part 135 weather-minimum and flight-and-duty-time rules. (2) If operating or training under instrument flight rules, it need not meet destination weather-reporting requirements when the Administrator authorizes that exception.
(b) By June 1, 2012, the Administrator had to issue a final rule, responding to the October 12, 2010 proposed rule (75 Fed. Reg. 62640), to improve helicopter air-ambulance safety for flight crew, medical personnel, and passengers.
(c) The rulemaking had to consider or address flight-request and dispatch procedures; pilot training to prevent controlled flight into terrain and recover from inadvertent instrument conditions; terrain-warning systems, radar altimeters, and feasible flight-data/cockpit-voice-recording devices; and other appropriate matters.
(d) At minimum, the Administrator had to ensure that a qualifying holder establishes an FAA Notice 8000.301-based flight-risk program, including updates, creates a pilot checklist for accepting requests, and requires pilots to use it. A holder using 10 or more helicopters must have an operational-control center that meets requirements the Administrator may prescribe.
(e) After the required rulemaking, the Administrator must address through later rulemaking or other appropriate means: (1)(A) pilot training, including mandatory requirements and completion time, subjects such as communications and technology, and standards for crew-resource management, flight-risk evaluation, pilot-in-command operational control, simulation devices, and line-oriented flight training; and (B) safety equipment for crew and medical personnel, potentially including shoulder harnesses, helmets, seatbelts, and fire-resistant clothing. (2) This does not require a later rule that weakens or replaces the rule required under (b).
(f) “Part 135” means 14 C.F.R. part 135. “Part 135 certificate holder” means a person with a part 119 operating certificate authorizing civil helicopter air-ambulance operations under part 135.
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.
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.
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.
In conducting the rulemaking proceeding under subsection (b), the Administrator shall consider, or address through other means, the following:
Flight request and dispatch procedures, including performance-based flight dispatch procedures.
Pilot training standards, including establishment of training standards in—
preventing controlled flight into terrain; and
recovery from inadvertent flight into instrument meteorological conditions.
Safety-enhancing technology and equipment, including—
helicopter terrain awareness and warning systems;
radar altimeters; and
devices that perform the function of flight data recorders and cockpit voice recorders, to the extent feasible.
Such other matters as the Administrator considers appropriate.
In issuing a final rule under subsection (b), the Administrator, at a minimum, shall consider, or address through other means, the following:
The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services—
establishes a flight risk evaluation program, based on FAA Notice 8000.301 issued by the Administration on August 1, 2005, including any updates thereto;
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
requires the pilots of the certificate holder to use the checklist.
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.
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:
Pilot training standards, including—
mandatory training requirements, including a minimum time for completing the training requirements;
training subject areas, such as communications procedures and appropriate technology use; and
establishment of training standards in—
crew resource management;
flight risk evaluation;
operational control of the pilot in command; and
use of flight simulation training devices and line-oriented flight training.
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.
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).
In this section, the following definitions apply:
The term “part 135” means part 135 of title 14, Code of Federal Regulations.
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.)
- 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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