CASA 75/24 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2024

Overview

The CASA 75/24 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2024 was enacted to address the risks associated with carrying lithium ion batteries used in mobility aids on Australian aircraft. This instrument, made under section 23 of the Civil Aviation Act 1988, aims to ensure the safety of passengers with disabilities or temporary mobility issues who rely on these batteries to power their mobility aids. The instrument permits the carriage of specified lithium ion batteries in the cabin of Australian aircraft, subject to certain conditions designed to mitigate risks, such as requiring risk assessments by aircraft operators, written approvals, and inspections of the batteries for damage or leaks. This regulatory measure seeks to balance the needs of passengers with disabilities while maintaining the safety standards required by civil aviation law.

Scope and Application

The CASA 75/24 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2024 applies to relevant passengers on flights of relevant Australian aircraft within Australian territory who wish to carry a lithium-ion battery with a watt-hour rating of more than 300 watt-hours as carry-on baggage, provided the battery is usually fitted to and powers their mobility aid and the aircraft's operator determines that the battery terminals cannot be adequately protected from short circuits or damage if the battery remains fitted to the mobility aid during the flight. This instrument grants permission for the relevant passenger to carry the battery as carry-on baggage and for the aircraft and its operator to carry the battery in the aircraft's cabin, subject to conditions including a risk assessment by the operator, written approval from the operator, declaration of the battery to check-in staff, inspection of the battery for visible leaks or damage, and securing the battery in a manner that prevents movement during the flight. The instrument is subject to the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it is repealed at the end of 31 December 2026.

Key Provisions

The CASA 75/24 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2024 provides specific permissions and conditions under which passengers with mobility impairments can carry lithium-ion batteries on board relevant Australian aircraft. These permissions are detailed in sections 5(1) to 5(3) of the instrument, which permit the carriage of specified batteries by relevant passengers and their operators under certain conditions. The conditions outlined in Schedule 1 include a requirement for the aircraft operator to conduct a risk assessment and provide documentation to CASA upon request, obtain written approval for the battery to be carried, and ensure the battery is inspected for damage before being brought onto the aircraft. The relevant passenger must also declare the battery to the operator's check-in staff before the flight. Additionally, the battery must be secured in a manner that prevents movement or damage during the flight. The obligations imposed on the parties governed by this instrument are stringent and multifaceted. The aircraft operator, as outlined in Schedule 1, must conduct a risk assessment and provide it to CASA, obtain written approval for the battery's carriage, and ensure that the battery is inspected and secure during the flight. The relevant passenger must declare the battery to the check-in staff, ensuring transparency and compliance with the conditions set forth. These obligations are designed to mitigate the risks associated with carrying high-capacity lithium-ion batteries, which are inherently dangerous if not properly managed. Failure to comply with the conditions set forth in this instrument may result in civil or criminal consequences. While the specific penalties are not detailed in the provided text, breaches of aviation safety regulations under the Civil Aviation Act 1988 can lead to significant fines and other penalties. For instance, under the Civil Aviation Act 1988, unauthorised actions regarding dangerous goods can result in substantial financial penalties, and repeated or severe violations may lead to more severe sanctions, including potential imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions.