CASA EX126/21 — Carriage of Children with a Serious Medical Condition (Virgin Australia Airlines) Instrument 2021 (Cth)

Instrument number CASA EX126/21

I, WARREN CRAIG MARTIN, Executive Manager, Regulatory Oversight, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998, andparagraph 215 (3) (a) and regulation 235 of the Civil Aviation Regulations 1988.

[Signed C. Martin]

Craig Martin
Executive Manager, Regulatory Oversight

26 October 2021

CASA EX126/21 — Carriage of Children with a Serious Medical Condition (Virgin Australia Airlines) Instrument 2021

1          Name

                 This instrument is CASA EX126/21 — Carriage of Children with a Serious Medical Condition (Virgin Australia Airlines) Instrument 2021.

2          Duration

                 This instrument:

(a)   commences on 1 November 2021; and

(b)   is repealed immediately after the earlier of the following:

             (i)  the commencement of Schedule 1 to the Civil Aviation Legislation Amendment (Flight Operations—Consequential Amendments and Transitional Provisions) Regulations 2021;

            (ii)  the end of 31 October 2024.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: AOCand passenger.

                 In this instrument:

CAO 20.16.3 means Civil Aviation Order 20.16.3, as in force from time to time.

infant seat belt, for a relevant child,means a webbed supplemental loop belt that:

(a)   consists of 2 loops of webbing; and

(b)   is attached to the seat belt of the adult accompanying the relevant child by the passing of the adult seat belt through 1 of the loops.

Note   For further information regarding supplemental loop belts — see Civil Aviation Advisory Publication CAAP 235-2(2) Carriage and restraint of small children in aircraft, as it exists from time to time.

relevant childmeans a person who:

(a)   is at least 2 years old and not more than 12 years old; and

(b)   has a serious medical condition.

VAA means Virgin Australia Airlines Pty Ltd, ARN 567591.

4          Application

                 This instrument applies in relation to the carriage of a relevant child on a flight of an aircraft operated by VAA if:

(a)   VAA has sighted a medical certificate to the effect that the relevant child has a serious medical condition that prevents the relevant child from sitting upright unaided, and that the relevant child is fit to travel; and

(b)   VAA is satisfied, on reasonable grounds, that the relevant child weighs less than 16 kg.

5          Direction

        For subsection 235 (7) of CAR, paragraph 3.1 of CAO 20.16.3 does not apply to the relevant child, to the extent that the relevant child is required to occupy a seat on the aircraft during a flight.

6          Exemptions

                    (1)     VAA is exempt from compliance with subregulation 235 (7A) of CAR, to the extent that the relevant child is required to occupy a seat on the aircraft during a flight in accordance with paragraph 3.1 of CAO 20.16.3.

                    (2)     The pilot in command of the aircraft, during a flight, is exempt from compliance with subregulation 235 (8) of CAR, to the extent the relevant child is required to occupy a seat on the aircraft during a flight in accordance with paragraph 3.1 of CAO 20.16.3.

                    (3)     The exemption in subsection (1) is subject to the conditions mentioned in section 7.

7          Conditions

                 VAA must ensure that:

(a)   all crew members who may reasonably be expected to have any contact with the relevant child during the flight are informed about the child’s carriage under this instrument and the child’s medical condition; and

(b)   when seat belts are worn by passengers in the circumstances mentioned in subregulation 251 (1) of CAR, the relevant child:

             (i)  sits on an accompanying adult’s lap; and

            (ii)  wears an infant seat belt as a restraint.

Note 1   The accompanying adult must wear a seat belt in these circumstances — see subsection 251 (1) of CAR.

Note 2   For other requirements that apply to aircraft operators in relation to passengers who require assistance due to sickness, injury or disability — see subsection 14 of CAO 20.16.3.

8          Directions

        (1)     For paragraph 215 (3) (a) of CAR, VAA must ensure that its operations manual includes:

(a)   procedures for the carriage of a relevant child on its aircraft; and

(b)   a copy of this instrument.

        (2)     For regulation 11.245 of CASR, VAA may amend a part of its operations manual that relates to the carriage of a relevant child only if the amendment has been approved in writing by CASA.

Note   For regulation 11.250 of CASR, the direction in subsection 8 (2) ceases to be in force at the time this instrument is repealed in accordance with paragraph 2 (b).