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]
Overview
The Civil Aviation Regulations 1988, specifically under regulation 308, enable the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of the regulations, provided such exemptions do not compromise safety. Enacted by the Parliament of Australia, the Civil Aviation Act 1988 empowers the Governor-General to make regulations to ensure the safe and orderly development of civil aviation in Australia. This particular exemption, issued under subregulation 308(3) of the CAR 1988, addresses the problem of potentially compromising the safety of infants or young children during emergency medical services operations by allowing them to be unrestrained inside incubators or carried unrestrained by a restrained adult when deemed necessary by the responsible medical or nursing authority. The policy objective is to ensure that any exemption does not undermine the overarching safety requirements of civil aviation while accommodating exceptional circumstances that may arise in medical emergencies.
Scope and Application
The Civil Aviation Regulations 1988, specifically under Subregulation 308(3), empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements, including Subregulation 251(1), which mandates the wearing of seat belts by all crew members and passengers during specific phases of flight. This exemption applies to aircraft, or persons involved in the operation of the aircraft, and is granted to accommodate unique circumstances where the strict adherence to certain regulations could potentially compromise safety, particularly in medical emergencies. The exemption allows for the unrestrained carriage of infants or young children when medical or nursing authorities determine that restraint would be detrimental to the child’s medical condition or the overall situation inside the aircraft. This includes scenarios where an infant is transported unrestrained inside an incubator or a similar neonatal transport unit, or when an infant or young child is held unrestrained in the arms of a restrained adult. The exemption is issued under the authority granted by the Civil Aviation Act 1988 and is subject to conditions that prioritise safety, including the pilot in command's right to require restraint if deemed necessary. The exemption is a disallowable instrument under the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from specific regulatory requirements (sections 308 and 251). In particular, Exemption CASA EX40/2002 allows for the exemption of infants and young children from the requirement to wear seat belts during certain phases of flight when transporting them via emergency medical services. This exemption is issued to ensure that the safety and medical needs of these children are prioritised, even if it means they are not physically restrained. It is valid only if the medical or nursing authority overseeing the transport determines that restraint would be harmful to the child’s condition or overall situation within the aircraft. However, the pilot in command retains the authority to mandate that all passengers, including infants and young children, be restrained if deemed necessary for safety reasons (subregulation 308(3)).
The exemption places certain obligations on the parties involved, particularly the medical or nursing authorities responsible for the transport of the child. These authorities must assess the medical condition and overall situation of the child to determine whether restraint is detrimental. They must also ensure that any decision to transport an unrestrained child is made in the best interest of the child’s health and safety. Additionally, the pilot in command must be prepared to enforce the requirement for restraint if it is deemed necessary for safety. This dual responsibility ensures that the exemption is used judiciously and in the interest of safety.
Failure to comply with the conditions of this exemption or the determinations made by the pilot in command could lead to regulatory and legal consequences. Although the specific penalties are not detailed in the exemption, breaches of aviation regulations generally can result in enforcement actions, fines, or other penalties as prescribed under the Civil Aviation Act 1988. Such penalties may vary depending on the severity of the breach and could include substantial financial penalties or other sanctions deemed appropriate by CASA. The overarching objective is to maintain the highest safety standards while accommodating specific medical needs in exceptional circumstances.