EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
EXEMPTION FROM SUBREGULATION 251 (1)
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 308 (3) of CAR 1988 provides that CASA is authorised to give an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
Subregulation 251 (1) of CAR 1988 states that seat belts shall be worn by all crew members and passengers during certain phases of flight.
CASA considers that during the conduct of emergency medical services operations, the requirement for seat belts may be an impediment to the safety of either infants or young children being transported. Accordingly, this exemption permits the carriage of an infant unrestrained inside an incubator, humidicrib, or other neonatal transport unit or the unrestrained carriage of an infant or young child in the arms of a restrained adult, when the medical or nursing authority responsible for conducting the transport considers that restraint would be detrimental to the child’s medical condition or the general situation inside the aircraft.
As a condition on the exemption, carriage of unrestrained infants or young children in the arms of a restrained adult is only permitted when the medical or nursing authority responsible for conducting the transport deems that restraint would be detrimental to the child’s medical condition or general situation. The pilot in command retains the right to require all passengers to be restrained when necessary in the interest of safety.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[EXEMPTION NUMBER: CASA EX40/2002]