CASA 78/20 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2020

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, provides a regulatory framework for the safe operation of civil aviation within Australia. This Act was introduced to address the need for comprehensive aviation safety regulations and to establish a unified legal framework governing civil aviation activities in Australia. CASA 78/20 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2020, made by Warren Craig Martin, Executive Manager, Regulatory Oversight, a delegate of CASA, under section 23 of the Civil Aviation Act 1988, aims to manage the risks associated with the carriage of lithium-ion batteries in mobility aids on Australian aircraft. This instrument allows passengers who rely on mobility aids to carry their batteries on board aircraft under specific conditions, ensuring both passenger safety and compliance with aviation safety regulations. The instrument is in effect from 1 January 2021 until 31 December 2022, requiring operators to conduct risk assessments and passengers to declare their batteries at check-in, among other conditions.

Scope and Application

The CASA 78/20 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2020 applies to specific circumstances concerning the carriage of mobility aid lithium-ion batteries on board relevant Australian aircraft within Australian territory. Specifically, the instrument permits relevant passengers who rely on mobility aids and have batteries with a watt-hour rating of more than 300 watt-hours to carry such batteries as carry-on baggage, provided the aircraft operator determines that the battery terminals cannot be adequately protected from short circuits or damage during the flight. The instrument also allows the aircraft and its operator to carry these batteries in the cabin, subject to certain conditions outlined in Schedule 1. These conditions include conducting a risk assessment, obtaining the operator’s written approval, the passenger declaring the battery to check-in staff, inspecting the battery for visible leaks or damage before boarding, and securing the battery in a way that prevents movement that could change its orientation or cause damage during the flight. The instrument, which commenced on 1 January 2021 and will be repealed at the end of 31 December 2022, extends the application of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 through subordinate legislation.

Key Provisions

The CASA 78/20 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2020, effective from 1 January 2021 until 31 December 2022, provides specific permissions and conditions for carrying certain lithium-ion batteries on Australian aircraft as carry-on baggage for passengers who rely on mobility aids due to disabilities, health conditions, or age-related issues. This instrument applies to passengers with such needs who are flying on Australian aircraft within Australian territory, provided the aircraft operator has assessed that the battery terminals cannot be adequately protected from short circuits or damage when the battery is attached to the mobility aid (section 4). Under this instrument, the relevant passenger and the aircraft operator are permitted to carry the battery in the aircraft's cabin during the flight, subject to certain conditions outlined in Schedule 1 (section 5(1)-(3)). The obligations under this instrument are primarily placed on the aircraft operator, who must conduct a risk assessment for the proposed carriage of the battery and provide a copy of the risk assessment to CASA upon request (Schedule 1(1)). The operator must also give written approval for the battery to be carried on board and ensure that the passenger declares the battery to the check-in staff before the flight (Schedule 1(2)-(3)). Additionally, 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. During the flight, the battery must be secured in a manner that prevents any movement that could change its orientation or cause damage (Schedule 1(4)-(5)). Failure to comply with the provisions of this instrument may lead to serious consequences. The operator and passengers must adhere to the conditions outlined in the instrument to avoid potential safety risks. While specific penalties are not mentioned in the instrument, non-compliance could potentially result in regulatory action by CASA, which may include fines or other enforcement measures under the Civil Aviation Act 1988. Additionally, failure to properly secure or inspect the battery could lead to in-flight incidents that endanger passengers and crew, resulting in further civil or criminal liabilities.