CASA 06/19 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2019

Overview

The CASA 06/19 – Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2019 was enacted to address safety concerns associated with the carriage of lithium ion batteries in mobility aids carried by passengers on Australian aircraft. This instrument was made by PETER MICHAEL WHITE, the Executive Manager of Regulatory Services & Surveillance at the Civil Aviation Safety Authority (CASA), under section 23 of the Civil Aviation Act 1988. The policy objective of this instrument is to balance the need for passengers with disabilities to travel safely with the inherent risks posed by lithium ion batteries. The instrument is in effect from 1 February 2019 until 31 December 2020. It allows passengers who rely on mobility aids to carry their lithium ion batteries on board Australian aircraft, provided certain conditions are met, including a risk assessment by the aircraft operator and compliance with the Technical Instructions regarding the carriage of dangerous goods.

Scope and Application

CASA 06/19 – Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2019 applies to relevant passengers who wish to carry a lithium-ion battery, with a watt-hour rating exceeding 300 watt-hours, on board a relevant Australian aircraft within Australian territory as part of their carry-on baggage. This instrument specifically pertains to situations where the battery is integral to a passenger's mobility aid and the aircraft operator has determined that the battery cannot be adequately protected from short circuits or damage if it remains fitted to the mobility aid during the flight. The instrument sets out the permissions for both the passenger and the aircraft operator to carry the battery under certain conditions, which are detailed in Schedule 1. This includes requirements for the operator to conduct a risk assessment and secure the battery during the flight. The instrument applies nationally and is subject to the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including compliance with the Technical Instructions.

Key Provisions

The CASA 06/19 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2019 (sections 1 to 5) provides specific guidelines for the carriage of lithium ion batteries used in mobility aids by passengers with disabilities on Australian aircraft. This instrument applies to relevant passengers who need to use their mobility aids on flights and to aircraft operators who determine that the battery terminals cannot be adequately protected from short circuits or damage during the flight. The instrument allows such passengers to carry the battery on board the aircraft as carry-on baggage and for the aircraft to carry the battery in the cabin, provided certain conditions are met. The obligations under this instrument primarily rest on the aircraft operator and the passenger. The operator must conduct a risk assessment related to the carriage of the battery and provide a copy of this assessment to CASA upon request (Schedule 1, condition 1). The operator must also give written approval for the battery to be carried on board (Schedule 1, condition 2). Additionally, the passenger must declare the battery to the check-in staff at the airport before the flight (Schedule 1, condition 3). Before boarding, the operator’s personnel must inspect the battery and confirm it is free from visible leaks or damage (Schedule 1, condition 4). During the flight, the battery must be secured in such a way that prevents any movement that could change its orientation or cause damage (Schedule 1, condition 5). Failure to comply with the conditions set out in this instrument can lead to serious consequences. While specific penalties are not detailed in the instrument, breaches of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, which govern the operation of aircraft and the carriage of dangerous goods, can result in significant penalties. These may include fines and, in more severe cases, imprisonment. For example, under section 227 of the Act, a person who engages in conduct that poses a serious risk to the safety of an aircraft can be subject to a penalty of up to 2,100 penalty units or imprisonment for up to five years, or both. Additionally, the operator may face enforcement actions from CASA, including the imposition of conditions on their operations or even the suspension or revocation of their licence.