CASA EX178/15 Exemption — carriage of child (Regional Express) (Cth)

Instrument number CASA EX178/15

I, GERARD John CAMPBELL, Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed G.J. Campbell]

Gerard J. Campbell
Executive Manager
Operations Division

7 October 2015

Exemption — carriage of child (Regional Express)

1          Duration

                 This instrument:

(a)   commences on the day after registration; and

(b)   expires at the end of September 2018, as if it had been repealed by another instrument.

2          Application

                 This instrument applies to the carriage of Ruby Pugsley (the child) in a SAAB 340 aeroplane (the aircraft) operated by Regional Express Pty Ltd, trading as Regional Express, Aviation Reference Number 752788 (the operator), while the child weighs less than 16 kilograms.

3          Exemptions

        (1)     The child is exempt from compliance with paragraph 3.1 of Civil Aviation Order 20.16.3 (CAO 20.16.3).

        (2)     The child, the child’s parents and the operator are exempt from compliance with subregulation 235 (7A) of the Civil Aviation Regulations 1988 (CAR 1988) to the extent mentioned in Schedule 1.

(3) The pilot in command of the aircraft is exempt from compliance with subregulation 235 (8) of CAR 1988 to the extent mentioned in Schedule 1.

4          Conditions

                 The exemptions are subject to the conditions mentioned in Schedule 2.

Schedule 1          Extent of exemptions

The exemptions in subsections 3 (2) and (3) extend only to the requirement that the child occupy a seat in accordance with paragraph 3.1 of CAO 20.16.3.

Schedule 2          Conditions

        1     The child must be carried in the arms or on the lap of an adult passenger:

(a)   during take-off and landing; and

(b)   during an instrument approach; and

(c)   when the aircraft is flying at a height less than 1 000 feet above the terrain; and

(d)   in turbulent conditions; and

(e)   at any other time directed by the operator.

        2     When the child is carried in the arms or on the lap of a passenger, the seat belt, when required to be worn, must be fastened around the passenger carrying or nursing the child, but not around the child.

        3     An approved infant seat belt must be used in the aircraft to restrain the child while being carried in the arms or on the lap of a passenger.

        4     When the child is carried in the arms or on the lap of a passenger, the name of the child must be bracketed on the passenger list with the name of the person carrying or nursing the child.

        5     The child must not be carried in the arms or on the lap of a passenger sitting in an exit seat during take-off or landing unless the pilot in command is satisfied that the child’s presence in the seat will not obstruct or hinder the escape of other persons from the aircraft.

        6     In clause 5, exit seat means a seat that is in a row of seats adjoining an exit.

        7     All staff, who may reasonably be expected to have any contact with the child during the carriage of the child, must be informed of the carriage of the child under this exemption.