CASA EX21/05 - Exemption - Seat belts

Overview

The Civil Aviation Regulations 1988, amended by the legislative instrument F2005L01953, address a specific concern regarding the mandatory use of seat belts during emergency medical services in aircraft. Enacted by the Civil Aviation Safety Authority (CASA), this legislation seeks to resolve the potential conflict between the requirement to wear seat belts and the necessity to provide optimal medical care in emergency situations. The policy objective is to allow for the exemption of seat belt requirements for patients under the care of medical or nursing authorities, provided that such exemption does not compromise the safety of the flight. This legislative instrument, declared under the Legislative Instruments Act 2003, is subject to parliamentary disallowance and has been issued by a delegate of CASA, effective from the day of its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide for various regulations concerning aviation safety, including the requirement for seat belts to be worn by all crew members and passengers during certain phases of flight as per subregulation 251(1). This requirement is aimed at ensuring the safety of individuals onboard aircraft. However, the Civil Aviation Regulations 1988 also allow the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of the aircraft from compliance with specified provisions, including the seat belt requirement, under subregulation 308(1). This exemption is particularly pertinent to emergency medical services where CASA recognises that the use of seat belts may be detrimental to the health of the patient and could exacerbate their condition. Consequently, an exemption has been issued to permit the carriage of patients unrestrained by a seat belt when deemed necessary by the medical or nursing authority responsible for the emergency service. However, the pilot in command retains the right to require all passengers to be restrained when necessary in the interest of safety. This exemption applies to activities within the jurisdiction of the Commonwealth of Australia and is subject to the legislative instruments process under the Legislative Instruments Act 2003, including the possibility of disallowance by Parliament.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have been amended through legislative instrument F2005L01953 to provide an exemption from the requirement to wear seat belts during certain phases of flight for emergency medical services. This amendment is made under the authority of section 98 of the Civil Aviation Act 1988 (the Act), which allows the Governor-General to make regulations (section 98). Specifically, subregulation 308(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of the aircraft from compliance with specified provisions of the CAR 1988. Subregulation 251(1) typically mandates that seat belts be worn by all crew members and passengers during certain phases of flight. However, the exemption allows for unrestrained patients during emergency medical services when deemed necessary by the medical or nursing authority responsible for the service (subregulation 308(1)). This exemption imposes several obligations and requirements on the parties involved. Firstly, it is conditional on the carriage of unrestrained patients being limited to emergency medical services (subregulation 308(1)). The medical or nursing authority responsible for the emergency service must determine that restraint by a seat belt is detrimental to the patient's health and may exacerbate their condition. Additionally, the pilot in command retains the right to require all passengers to be restrained if deemed necessary for safety reasons (subregulation 308(1)). This ensures that while the exemption exists for emergency medical services, the safety of all passengers remains a priority. Failure to comply with the conditions of this exemption could lead to various consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, it is clear that non-compliance with the conditions could result in regulatory action by CASA. The instrument is a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA), which means it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. The exemption has been issued by the Deputy Chief Executive and Chief Operating Officer of CASA, who is a delegate of CASA, and it commences on the day after it is registered on the Federal Register of Legislative Instruments. This registration and commencement process is crucial to ensuring the exemption is legally enforceable and recognised within the aviation regulatory framework.