CASA EX40/07 - Exemption - carriage of children suffering from a serious medical condition

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of civil aviation in Australia. In response to specific safety concerns and operational requirements, the Civil Aviation Safety Regulations 1998 were amended to include a provision that allows certain exemptions for the carriage of children suffering from serious medical conditions. Enacted under the authority of the Civil Aviation Act 1988, the regulation was introduced to address the problem of accommodating children who are medically unable to sit upright and meet specific weight limitations, thus unable to comply with standard seating and restraint requirements. The objective of this exemption is to ensure safety while accommodating the needs of these medically compromised children. The exemption, issued to Virgin Blue Airlines, is contingent upon the child being over 2 years old, weighing less than 16 kilograms, and being unable to sit upright unaided. It mandates that an approved infant seat belt be used to restrain the child while on an accompanying adult's lap. This regulatory amendment was enacted by the Civil Aviation Safety Authority (CASA), reflecting the authority delegated under the Civil Aviation Regulations 1988, and is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998, specifically addressing the carriage of children suffering from a serious medical condition, applies to Virgin Blue Airlines Pty Limited, as designated by its Aviation Reference Number 567591, allowing for a general exemption from certain safety regulations. This exemption permits children over the age of two years, who are unable to sit upright unaided due to a serious medical condition and weigh less than 16 kilograms, to be carried on an accompanying adult's lap, provided they are restrained using an approved infant seat belt. The exemption is limited to the operator's Boeing 737-700/800 and Embraer 170/190 aircraft, and it is subject to conditions ensuring that relevant staff are informed of the child's medical condition and the exemption. This exemption is a legislative instrument subject to tabling and disallowance under the Legislative Instruments Act 2003, though consultation under the Act was not undertaken in this instance. The exemption commences on the day after registration and ceases to have effect at the end of 30 September 2009.

Key Provisions

The Civil Aviation Safety Regulations 1998, under subsection 98(1) of the Civil Aviation Act 1988, provide the framework for the issuance of exemptions for specific aircraft or types of aircraft from certain regulatory provisions. Subregulation 308(1) allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft or persons associated with its operation from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988), provided safety conditions are met. Subregulation 308(3) further mandates that such exemptions must comply with any safety-related conditions set by CASA. Additionally, subregulation 251(1) mandates that all passengers and crew must wear seat belts during specified flight phases, with exceptions for infants as outlined in Civil Aviation Order 20.16.3 (CAO 20.16.3). This particular exemption allows Virgin Blue Airlines Pty Limited to carry children suffering from serious medical conditions who are over 2 years old, unable to sit upright unaided, and weigh less than 16 kilograms. These children must be restrained with an approved infant seat belt while sitting on an accompanying adult’s lap. Under this exemption, Virgin Blue Airlines Pty Limited is required to ensure that staff who may come into contact with the child are informed of the exemption and the child’s medical condition. The exemption applies specifically to flights on the operator’s Boeing 737-700/800 or Embraer 170/190 aircraft. This regulatory flexibility is intended to accommodate the unique needs of children with serious medical conditions while maintaining the highest safety standards. Other operators can also apply for similar exemptions if they meet the safety criteria and requirements set forth by CASA. The exemption is governed under the Legislative Instruments Act 2003, specifically under subparagraph 6(d)(i), which declares such exemptions to be disallowable instruments. Subregulation 308(4) of CAR 1988 reinforces this by declaring the exemption to be subject to disallowance in Parliament. This ensures that the exemption is subject to parliamentary oversight, maintaining accountability and ensuring that safety standards are not compromised. Despite not undergoing formal consultation as per section 17 of the LIA, the exemption was granted based on a thorough safety case submitted by the operator, which included a comprehensive evaluation and analysis of the risks involved, all of which were deemed acceptable. Failure to comply with the conditions of this exemption could result in significant legal and operational consequences. While the specific penalties are not detailed in the provided text, breaches of safety regulations under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 can lead to substantial fines, revocation of operating licenses, and other penalties as determined by CASA. These measures are in place to ensure that all safety protocols are rigorously followed, protecting both passengers and crew. The exemption is effective from the day after its registration and remains in effect until 30 September 2009, providing a temporary solution to address the specific needs of children with serious medical conditions.