CASA EX126/11 - Exemption - requirement to wear seat belt and safety harness

Overview

The Civil Aviation Safety Regulations 1998, as amended by F2011L02577, introduce an exemption to the requirement to wear seat belts and safety harnesses, which was enacted to address the specific operational needs of Hinchinbrook Helicopters Pty Ltd in their aerial photographic operations. This exemption was introduced to provide flexibility to crew members who need to manoeuvre themselves in ways that seat belts do not allow, without compromising safety. The exemption was enacted by the Australian Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988. The policy objective of this exemption is to allow for operational flexibility in certain circumstances while maintaining the overarching safety standards required in air navigation. The exemption is applicable to a class of persons and a class of aircraft, and it is subject to the tabling and disallowance provisions of the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 provide a framework for ensuring safety in the operation of aircraft within Australia. These regulations apply to all aircraft, operators, and persons involved in civil aviation activities, encompassing a broad range of industries and conduct related to the safe navigation and operation of aircraft. Under the authority of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the power to issue exemptions from certain regulations to facilitate specific operational requirements while maintaining safety standards. The exemption in question applies to Hinchinbrook Helicopters Pty Ltd, allowing their crew members to switch between seat belts and safety harnesses during aerial photographic operations, provided they adhere to the conditions set forth by CASA. This exemption is geographically limited to Australian airspace and is subject to the Civil Aviation Safety Regulations 1998, which are applicable nationwide. The exemption is a legislative instrument under the Legislative Instruments Act 2003, which means it is subject to the parliamentary processes of tabling and disallowance. However, in this instance, consultation under the Legislative Instruments Act was not undertaken as the exemption closely mirrors a previous exemption issued to another operator. The exemption is in effect from the day after registration until 31 August 2014, after which it will cease to have effect unless extended.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions allowing for exemptions to certain regulations, including the requirement to wear a seat belt or safety harness. Under section 11.160(1) of CASR 1998, the Civil Aviation Safety Authority (CASA) may grant exemptions from specific regulations if it is deemed necessary in the interests of the safety of air navigation. The exemption must be made in accordance with the Civil Aviation Act 1988 (the Act), specifically under subsection 98(5A). Exemptions can be granted to individuals or classes of persons, as outlined in section 11.160(2) of CASR 1998, and these exemptions can be subject to conditions as necessary for safety, as per section 11.205(1) of CASR 1998. Once granted, the exemption must be published on the internet under regulation 11.225 of CASR 1998 and will typically cease no later than three years after its commencement unless a specific end date is provided, as per section 11.230(1) of CASR 1998. Under this particular exemption, Hinchinbrook Helicopters Pty Ltd can operate with flexibility regarding the use of seat belts and safety harnesses, which is particularly useful for aerial photographic operations where crew members need to manoeuvre freely. This exemption was issued considering the operational requirements of the company, allowing crew members to wear seat belts during take-off and climb phases and then switch to safety harnesses once a safe height is reached. This flexibility is crucial for the smooth execution of their operations. The exemption aligns with the general requirement under paragraph 4.2 of Civil Aviation Order 20.16.3 (CAO 20.16.3) that mandates the wearing of either a safety harness or a seat belt at all times during flight. The obligations imposed by this exemption require Hinchinbrook Helicopters Pty Ltd to adhere strictly to the conditions set forth by CASA. This includes ensuring that all crew members and passengers follow the prescribed procedures for wearing and switching between seat belts and safety harnesses. Additionally, the company must comply with the regulatory requirement to publish the exemption on the internet, making it accessible to all relevant stakeholders. CASA retains the right to impose further conditions or revoke the exemption if it deems that the safety of air navigation is compromised. Failure to comply with the conditions of the exemption could result in serious legal and operational repercussions. Although specific penalties for breaching the exemption conditions are not detailed in the provided text, general regulatory breaches under CASR 1998 and CAR 1988 can lead to significant penalties. For instance, breaches of aviation safety regulations can result in substantial fines and potential criminal charges, depending on the severity and impact of the breach. The maximum penalties for breaches of these regulations can vary, but they often include fines up to several thousand dollars and, in severe cases, imprisonment. Additionally, CASA has the authority to suspend or revoke air operator certificates, which could effectively shut down the operations of Hinchinbrook Helicopters Pty Ltd.