CASA EX102/14 - Exemption — carriage of portable electronic devices during flight

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01111 Not in force Legislative Instrument

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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

Overview

The Civil Aviation Safety Regulations 1998, amended by the exemption for the carriage of portable electronic devices during flight, aim to address the need for streamlined regulations regarding the carriage of such devices on aircraft. Enacted under the authority of the Civil Aviation Act 1988, the exemption was introduced to facilitate the implementation of an internationally harmonised standard for the use of portable electronic devices (PEDs). The exemption, issued by the Civil Aviation Safety Authority (CASA), applies to Australian registered aircraft and exempts small PEDs (weighing less than 1 kg) from the requirement to be placed in approved stowage when seat belts are required to be worn. Instead, these devices may be held or secured in a garment pocket or magazine pocket on the back of a seat, provided they do not impede emergency egress or are left unattended. Larger or potentially obstructive PEDs must still be stowed in approved stowage. This legislative instrument was made under the authority of the Civil Aviation Act 1988 and is compatible with human rights, as it does not raise any human rights issues.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the exemption for the carriage of portable electronic devices during flight, apply to all Australian registered aircraft and their operators, particularly those involved in charter or regular public transport operations. This exemption, issued under subsection 98(5AA) of the Civil Aviation Act 1988, allows for the carriage of small portable electronic devices weighing less than 1 kg on aircraft by passengers, provided they are securely held or stored in pockets or magazine pockets while seat belts are required to be worn. It is designed to align with internationally recognised standards and does not impede emergency egress. Large or potentially obstructive portable electronic devices must still be stowed in approved stowage as per existing regulations. The exemption is subject to conditions and can be overridden by the pilot in command for safety reasons. Operators must implement documented procedures for handling portable electronic devices. This legislative instrument does not conflict with any human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998, in relation to the carriage of portable electronic devices (PEDs) during flight, include Subsection 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act, particularly for the safety of air navigation. Under Subregulation 235(7) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) is empowered to give directions regarding the loading of persons and goods, including fuel, on aircraft. Paragraph 9.3 of Civil Aviation Order (CAO) 20.16.3, made under subregulation 235(7), specifies that solid articles must be placed in approved stowage when seat belts are required to be worn in the cabin. This regulation aims to ensure that passengers can safely carry small portable electronic devices, defined as those with a mass of less than 1 kg, during flights. The exemption from paragraph 9.3 allows these small PEDs to be carried by passengers when seat belts are required to be worn, provided they are secured by the passenger, either by being held, secured in the pocket of a garment, or placed in the magazine pocket on the back of a seat. The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties involved include ensuring that small PEDs are not left unattended and do not impede emergency egress. Operators engaged 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. Additionally, the pilot in command retains the authority to issue directions under regulation 309A of CAR 1988 for the stowage of small PEDs in approved stowage when deemed necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches related to the carriage of small PEDs. However, the overarching safety regulations imply that any breach of the safety requirements could potentially result in penalties under the Civil Aviation Act 1988 or other relevant aviation safety regulations. CASA, as the regulatory body, retains the right to take enforcement actions against non-compliance, which could include fines, operational restrictions, or other regulatory measures to ensure compliance with safety standards.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.