CASA EX127/18 — Carriage of Children with a Serious Medical Condition (Virgin Australia Airlines) Instrument 2018 (Cth)

Instrument number CASA EX127/18

I, PETER MICHAEL WHITE, Executive Manager, Regulatory Services & Surveillance, a delegate of CASA, make this instrument under regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998 and paragraph 215 (3) (a) of the Civil Aviation Regulations 1988.

[Signed P. White]

Peter White
Executive Manager, Regulatory Services & Surveillance

25 October 2018

CASA EX127/18 — Carriage of Children with a Serious Medical Condition (Virgin Australia Airlines) Instrument 2018

1          Name

                 This instrument is CASA EX127/18 — Carriage of Children with a Serious Medical Condition (Virgin Australia Airlines) Instrument 2018.

2          Duration

                 This instrument:

(a)   commences on 1 November 2018; and

(b)   is repealed at the end of 31 October 2021.

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, including: passenger.

                 In this instrument:

CAO 20.16.3 means Civil Aviation Order 20.16.3, as in force 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 which prevents the child from sitting upright unaided; and

(c)   VAA is satisfied on reasonable grounds weighs less than 16 kilograms and is fit to travel.

VAA means Virgin Australia Airlines Pty Ltd, ARN 567591.

4          Exemptions

                    (1)     A relevant child carried on an aircraft operated by VAA is exempt from compliance with subregulation 251 (1) of CAR.

                    (2)     VAA is exempt from compliance with subregulation 251 (5) of CAR to the extent that it requires VAA to detail a member of the crew to ensure that:

(a)   a seat belt or safety harness is worn by a relevant child during the times specified in subregulation 251 (1); and

(b)   each seat belt or harness is adjusted to fit the relevant child without slack.

5          Directions

     (1)                 For regulation 11.245 of CASR, VAA must ensure that:

(a)   a medical practitioner has provided a statement in writing that mentions the relevant child’s medical condition, and that the child:

             (i)  is unable to sit upright unaided due to the medical condition; and

            (ii)  on the date of the certificate, weighed less than 16 kilograms; and

           (iii)  is fit to travel; and

(b)   all staff who may reasonably be expected to have any contact with the child during flight are informed about the carriage of the child under this exemption and the child’s medical condition; and

(c)   when seat belts are worn by other passengers in the circumstances mentioned in regulation 251 (1) of CAR, a relevant child:

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

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

Note 1   The accompanying adult must wear a seat belt in these circumstances — see subregulation 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.

        (2)     For regulation 11.245 of CASR, VAA may amend a part of its operations manual relating 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 directions in subsections 5 (1) and (2) cease to be in force on the day that this instrument is repealed.

        (3)     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.