Civil Aviation Safety Amendment (Part 90) Regulations 2017 (Cth)

Civil Aviation Safety Amendment (Part 90) Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 07 September 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Darren Chester

Minister for Infrastructure and Transport

Contents

1Name

This instrument is the Civil Aviation Safety Amendment (Part 90) Regulations 2017.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	12 September 2017

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Civil Aviation Act 1988.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Civil Aviation Safety Regulations 1998

1

After regulation 90.005

Insert:

90.007Application of Part

1. (1)

   If a provision of this Part imposes a more stringent requirement (however described) in relation to an aircraft than a comparable requirement under any other provision of these Regulations, the more stringent requirement prevails.

2. (2)

   Despite subregulation (1), this Part is not intended to limit any other provision of these Regulations that permits an aircraft to be operated with a defect or an inoperative instrument, indicator, item of equipment or system.

2

Subregulation 90.020(1)

Repeal the subregulation, substitute:

1. (1)

   For the purposes of subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:

   1. (a)

      required or permitted by these Regulations to be prescribed by the Part 90 Manual of Standards; or

   2. (b)

      necessary or convenient to be prescribed for carrying out or giving effect to this Part.

3

Subregulation 90.020(2)

After “set out”, insert “matters relating to the airworthiness of, or design standards for, aircraft, including”.

4

Subregulations 90.105(2) and (3)

Omit “equipped”, substitute “fitted”.

5

At the end of subregulation 90.105(4)

Add:

1. ; or (c)

   for an aircraft of a type prescribed by the Part 90 Manual of Standards—a single shoulder strap harness.

6

Subregulation 90.110(3)

After “A seat”, insert “(other than a side‑facing seat)”.

7

Paragraph 90.120(1)(b)

Omit “subregulation (2)”, substitute “this regulation”.

8

Subregulation 90.120(2)

Omit “A side‑facing seat in the aircraft must be equipped”, substitute “In the aircraft, a side‑facing seat that is to be used during take‑off or landing must be fitted”.

9

After subregulation 90.120(2)

Insert:

1. (2A)

   A side‑facing seat in the aircraft that is not fitted with an approved lap belt or an approved safety harness as mentioned in subregulation (2):

   1. (a)

      must not be used during take‑off or landing; and

   2. (b)

      must carry a placard to that effect.

10

Paragraph 90.125(1)(b)

Repeal the paragraph, substitute:

1. (b)

   while the aircraft is operating, a cabin crew seat or any related equipment does not meet the standard set out in the Part 90 Manual of Standards.

11

Before subregulation 90.130(1)

Insert:

1. (1A)

   This regulation does not apply in relation to an external door that is only used for cargo.

12

Subregulation 90.135(2)

Omit “unobstructed access to at least 1 emergency exit”, substitute “access to at least 1 emergency exit that meets the requirements prescribed by the Part 90 Manual of Standards”.

13

Paragraph 90.135(6)(a)

After “must be” insert “self‑illuminated or”.

14

Paragraph 90.135(6)(b)

Repeal the paragraph, substitute:

1. (b)

   subject to regulation 90.215, access to an emergency exit must not be blocked by a seat back, stretcher or other item of equipment fitted to the aircraft unless:

   1. (i)

      the seat back, stretcher or other item of equipment can easily be moved out of the way; and

   2. (ii)

      instructions for moving the seat back, stretcher or other item of equipment are clearly marked on or near the seat, stretcher or item of equipment.

15

Paragraph 90.140(2)(b)

Omit “insulated”, substitute “designed”.

16

At the end of Subpart 90.B

Add:

90.150Fire extinguishing agents

1. (1)

   The registered operator of an aircraft to which this Subpart applies commits an offence if:

   1. (a)

      the registered operator:

      1. (i)

         operates the aircraft; or

      2. (ii)

         permits a person to operate the aircraft; and

   2. (b)

      a fire extinguisher fitted to or carried on the aircraft contains a fire extinguishing agent of a kind prescribed by the Part 90 Manual of Standards.

   Penalty: 50 penalty units.

2. (2)

   An offence against subregulation (1) is an offence of strict liability.

17

Subregulation 90.205(2)

Omit “equipped”, substitute “fitted”.

18

Paragraph 90.255(2)(b)

Omit “flight crew member’s seat cushion”, substitute “flight crew seat cushion”.

19

After subregulation 90.270(2)

Insert:

1. (2A)

   Each waste receptacle in each toilet in an aeroplane must have installed, on or near the waste receptacle, a placard showing:

   1. (a)

      the words ‘NO CIGARETTE DISPOSAL’; or

   2. (b)

      a symbol with the same meaning.

20

Subregulation 90.270(3)

Omit “equipped”, substitute “fitted”.

21

Paragraph 90.270(3)(b)

Omit “built‑in”.

22

Subpart 202.EA (notes to heading)

Repeal the notes.

23

Subpart 202.EA

After the heading, insert:

202.400Transitional provision—Part 90 Manual of Standards

1. (1)

   This regulation applies to the Part 90 Manual of Standards that was in force under regulation 90.020 immediately before the day the Civil Aviation Safety Amendment (Part 90) Regulations 2017 commence.

2. (2)

   The Part 90 Manual of Standards has effect on and after that day as if it had been made under regulation 90.020 as amended by the Civil Aviation Safety Amendment (Part 90) Regulations 2017.