CASA EX168/14 - Exemption from paragraph 5.1 of Civil Aviation Order 20.16.3 for Airbus 330 aircraft operated by Qantas Airways Limited

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia, in accordance with the Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 provide that the Civil Aviation Safety Authority (CASA) may make directions regarding the method of loading of persons and goods on aircraft, including the upright position of seats during take-off and landing, as per the Civil Aviation Order 20.16.3. However, the Civil Aviation Safety Regulations 1998 also provide that CASA may grant an exemption from a provision of the regulations or the Civil Aviation Orders if necessary in the interests of the safety of air navigation. In this case, CASA granted an exemption to Qantas Airways Limited for Airbus 330 aircraft fitted with Thompson Aero Seating PN.VT10-00 series seats, allowing them to be used in a reclining position during take-off, taxiing or landing, subject to certain conditions. The exemption was granted on the basis that the seats were suitable for use in a reclining position when the aircraft was taking off or landing, and that the requirements of the European Aviation Safety Authority (EASA) for their safe installation and use were satisfied. The policy objective of the exemption was to ensure the safety of air navigation while allowing Qantas Airways Limited to reconfigure its aircraft with new reclining seats. CASA is satisfied that the exemption does not raise any human rights issues and is compatible with human rights as it does not engage any of the applicable rights or freedoms. The exemption was issued by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998 and will expire at the end of November 2017, as if it had been repealed by another instrument.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, provide the regulatory framework for aviation safety in Australia. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the power to issue regulations and orders to ensure the safety of air navigation. Specifically, paragraph 5.1 of Civil Aviation Order 20.16.3 mandates that all seats on an aircraft must be adjusted to their upright position for take-off and landing, with exceptions for injured or incapacitated passengers. However, an exemption under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 allows certain seats on Airbus 330 aircraft operated by Qantas Airways Limited to remain in a reclining position during take-off, taxiing, and landing, provided they meet specific conditions. These conditions include installation in accordance with aircraft certification standards, approval by the certifying authority for use in a reclining position during critical phases of flight, and adherence to operator and manufacturer instructions to ensure passenger safety and unimpeded emergency egress. This exemption, which applies to a class of aircraft and their pilots, is subject to the Legislative Instruments Act 2003, requiring tabling and disallowance in Parliament. The exemption, which was requested by Qantas and approved by CASA, is based on compliance with European Aviation Safety Agency standards and does not necessitate further consultation. It is compatible with human rights, as it does not engage any applicable rights or freedoms.

Key Provisions

The primary operative sections of this legislation are subsection 98(1) of the Civil Aviation Act 1988, subregulation 207(3) of the Civil Aviation Regulations 1988, regulation 235 of the Civil Aviation Regulations 1988, and paragraph 5.1 of Civil Aviation Order 20.16.3. These sections collectively establish the framework for ensuring the safety of air navigation and the use of aircraft equipment, while also providing a mechanism for exemptions to certain provisions through subregulation 11.160 of the Civil Aviation Safety Regulations 1998. The exemption in question, concerning the Airbus 330 aircraft operated by Qantas Airways Limited, is designed to allow certain seats to remain in a reclining position during take-off and landing under specific conditions. The Act imposes several obligations on the parties involved. The operator, Qantas Airways Limited, must ensure that the Thompson Aero Seating PN.VT10-00 series seats are installed in accordance with the standards and limitations for the certification of the aircraft or for its modification. Additionally, these seats must have been approved by the certifying authority as suitable for use in a reclining position during take-off, taxiing, or landing. Furthermore, the seats must be used in compliance with the instructions provided by both the operator and the manufacturer, particularly ensuring that they do not impede ingress or egress by people behind the seat in case of an emergency. CASA, as the regulatory body, is responsible for granting the exemption and imposing conditions to ensure the safety of air navigation. In terms of consequences for non-compliance, the Act does not explicitly state penalties for breaching the conditions of this exemption. However, failure to adhere to the safety regulations and conditions set by CASA could potentially result in enforcement actions, including fines, suspension or revocation of operating permits, or other regulatory sanctions. CASA is authorised to take such actions to ensure that the safety standards are maintained and that any breaches are addressed promptly. This ensures that the integrity of the aviation safety system is upheld and that all parties remain accountable for their compliance with the regulatory requirements. Overall, this legislation provides a structured approach to managing the safety of aircraft operations by setting clear requirements and conditions for the use of specific seating configurations during critical phases of flight. It ensures that any exemptions granted are subject to rigorous safety standards and oversight by CASA, thereby protecting the public and maintaining the high safety standards of the aviation industry.