Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — carriage of portable electronic devices during flight
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under subregulation 235 (7) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions with respect to the method of loading of persons and goods (including fuel) on aircraft.
Paragraph 9.3 of Civil Aviation Order (CAO) 20.16.3 is made under subregulation 235 (7) and states that solid articles must be placed in approved stowage at all times when seat belts are required to be worn in the cabin in accordance with paragraph 4.1 of CAO 20.16.3. Paragraph 9.4 sets out details of what constitutes approved stowage of solid articles.
Exemption
The exemption excludes from paragraph 9.3 the stowage of small portable electronic devices (PEDs) carried on an Australian registered aircraft.
CASA is satisfied that strict compliance with paragraph 9.3 is not necessary in the case of small PEDs which are defined as PEDs with a mass of less than 1 kg.
The exemption is subject to a number of conditions in order to avoid the risk of injury or damage. A small PED may be carried by a passenger when seat belts are required to be worn. It must be secured by the passenger, by being held, or secured in the pocket of a garment worn by the passenger or the magazine pocket on the back of a seat. It must not be left unattended or impede emergency egress.
Large PEDs or PEDs that could impede emergency egress must be placed in an approved stowage for solid articles in accordance with paragraph 9.4 of CAO 20.16.3.
Operators who engage in charter or regular public transport operations must have documented processes and procedures in place that cover the requirements associated with the stowing and securing of PEDs.
In addition, the pilot in command retains the right to issue directions under regulation 309A of CAR 1988 for the stowage of small PEDs in approved stowage, when he or she considers it necessary for the safety of air navigation.
Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption was issued under that paragraph and applies to a class of aircraft and so is a legislative instrument.
Consultation
CASA has consulted with a number of regular public transport operators in relation to the issue of the exemption. The terms of the exemption have been agreed to without any objections. CASA has also published guidance for industry on the use of PEDs to align the Australian legislative and policy requirements as far as practicable with those of other major aviation agencies, including the Federal Aviation Administration (FAA) and the European Aviation Safety Agency (EASA). The terms of the exemption provide relief against the existing Australian legislative requirements to facilitate the implementation of an internationally harmonised standard for the use of PEDs.
Legislative Instruments Act
Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption was issued under that paragraph and applies to a class of aircraft and so is a legislative instrument.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
The instrument commences on the day of registration. It expires at the end of July 2017, as if it had been repealed by another instrument.
[Instrument number CASA EX102/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — carriage of portable electronic devices during flight
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The instrument enables passengers on Australian registered aircraft to carry small portable electronic devices without complying with paragraph 9.3 of Civil Aviation Order 20.16.3.
The primary purpose of the legislative instrument is to relax restrictions on the carriage of the portable electronic devices where they weigh less than 1 kg.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority