CASA 66/22 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2022

Overview

The CASA 66/22 – Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2022 is a notifiable instrument made under the Civil Aviation Act 1988 by William Andrew Tootell, the National Manager Regulatory Services at the Civil Aviation Safety Authority (CASA). This instrument addresses the safety concerns surrounding the carriage of high-capacity lithium-ion batteries used in mobility aids on Australian aircraft. Specifically, it provides permissions and conditions for the transportation of these batteries on flights within Australian territory when they cannot be safely removed from the mobility aid. The instrument aims to balance the need for passengers with disabilities to maintain their independence with the imperative to mitigate risks associated with carrying large lithium-ion batteries on aircraft. The instrument will be in effect from 1 January 2023 until 31 December 2024, during which time CASA will monitor its application and effectiveness.

Scope and Application

The CASA 66/22 – Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2022 applies to specific scenarios involving passengers with disabilities or mobility issues who wish to bring a lithium-ion battery, typically used in mobility aids such as wheelchairs, on board an Australian aircraft as carry-on baggage. This applies to flights of relevant Australian aircraft within Australian territory, where 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 provides permissions for both the relevant passenger and the aircraft operator to carry the battery under certain conditions, including the requirement for a risk assessment, written approval from the operator, and compliance with the Technical Instructions outlined in the Civil Aviation Safety Regulations 1998. This instrument operates under the Civil Aviation Act 1988 and is in effect from 1 January 2023 until 31 December 2024. The application of this instrument is limited to the specified conditions and is subject to any further regulations or changes that may be introduced through subordinate instruments.

Key Provisions

The key operative sections of the CASA 66/22 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2022, under the Civil Aviation Act 1988, provide specific permissions and conditions for the carriage of lithium-ion batteries that power mobility aids on Australian aircraft. Section 4 details the application of the instrument, which applies to relevant passengers on flights within Australian territory who need to carry a lithium-ion battery with a watt-hour rating over 300. Section 5 grants permission for the battery to be carried on board as carry-on baggage and in the aircraft's cabin, contingent on certain conditions. The permissions are subject to the conditions outlined in Schedule 1. The obligations imposed on the parties governed by the Act include a requirement for the aircraft operator to conduct a risk assessment and provide a copy of the assessment to CASA upon request, as outlined in Schedule 1, condition 1. The operator must also provide written approval for the battery to be carried on board, and the relevant passenger must declare the battery to the operator's check-in staff before the flight, as per Schedule 1, conditions 2 and 3. Furthermore, the battery must be inspected by the operator's personnel and found to be free from visible leaks or damage immediately before being brought onto the aircraft, and it must be secured in a way that prevents movement during the flight, as per Schedule 1, conditions 4 and 5. Breaches of the conditions set out in this instrument may result in civil or criminal penalties, although the specific penalties are not detailed in the instrument itself. However, it is noted that the carriage of dangerous goods on an aircraft is subject to compliance with the requirements of the Technical Instructions, as stipulated under subregulations 92.025(2) and 92.030(2) of the Civil Aviation Safety Regulations 1998. Non-compliance with these regulations could potentially lead to civil or criminal consequences, although the exact penalties would be determined by the relevant aviation safety regulations and laws.