CASA EX46/15 - Exemption — requirement to wear seat belt and safety harness

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L00422 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — requirement to wear seat belt and safety harness

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

 

Under subregulation 251 (1) of the Civil Aviation Regulations 1988 (CAR 1988), seat belts must be worn by all crew members and passengers in various circumstances, including when the aircraft is flying at less than 1 000 feet above the terrain. Under subregulation 251 (3), CASA may direct that a type of safety harness specified in the direction must be worn in place of a seat belt.

 

Paragraph 4.1 of Civil Aviation Order 20.16.3 (CAO 20.16.3) provides for circumstances when a seat belt or a safety harness must be worn. There is no provision for a person to alternate between using a safety harness and a seat belt on the same operation. Paragraph 4.2 of CAO 20.16.3 states that a safety harness or a seat belt must be worn by at least 1 pilot crew member at all times during flight.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of these Regulations (including CAR 1988) or a provision of the Civil Aviation Orders (the CAOs) in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.

 

Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet.

 

Under subregulation 11.230 (1) of CASR 1998, an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instrument

Hinchinbrook Helicopters Pty Ltd (the operator) is authorised to conduct charter, and aerial work, operations using Robinson R22, R44 and R66 and Bell 47 helicopters. An aspect of its business is to undertake aerial work or perform tasks with a camera operator that requires greater freedom of movement afforded by a harness compared to a conventional seat belt.

 

The instrument exempts the pilot in command and crew members of an aircraft operated by the operator from having to comply with seat belt requirements under subregulation 251 (1) of CAR 1988 when undertaking specific aerial work or performing tasks where the assistance of the operating crew or camera operator is required.

 

Schedule 1 of the instrument limits the exemption only to the direction under subregulation 251 (3) of CAR 1988 that is contained in paragraphs 4.1 and 4.2 of CAO 20.16.3.

 

Schedule 2 imposes conditions on the exemption, including that, among other things, the operator must only conduct operations in visual meteorological conditions, that the operator’s operations manual sets out circumstances and procedures for when a safety harness and seat belt may be used, and that the safety harness must enable a crew member to move about without adversely affecting the pilot in command’s control or the helicopter’s centre of gravity.

 

Legislative Instruments Act 2003 (the LIA)

Under subsection 5 (1) of the LIA, subject to sections 6, 7 and 9, a legislative instrument is an instrument in writing that is of a legislative character and that is or was made in the exercise of a power delegated by the Parliament. Under subparagraph 6 (d) (i) of the LIA, and subject to sections 7 and 9, an instrument is a legislative instrument for subsection 5 (1) of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of paragraphs 4.1 and 4.2 of CAO 20.16.3 and is, therefore, a legislative instrument.

 

As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The instrument has been made at the request of the operator. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA. 

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration and expires at the end of February 2018, as if it had been repealed by another instrument.

 

[Instrument number CASA EX46/15]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — requirement to wear seat belt and safety harness

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument exempts the pilot in command and crew of aircraft operated by Hinchinbrook Helicopters Pty Ltd (the operator) from having to comply with seat belt requirements under subregulation 251 (1) of the Civil Aviation Regulations 1988.

 

The primary purpose of the legislative instrument is to allow the operator to undertake aerial work or perform tasks with a camera operator that requires greater freedom of movement afforded by a harness compared to a conventional seat belt.

 

The exemption is subject to conditions imposed by CASA in the interests of the safety of air navigation.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to enhance safety in the aviation industry, and this instrument is an exemption made under the authority of the Civil Aviation Act 1988, empowering the Governor-General to make regulations. This specific exemption, CASR 1998 Instrument 46/15, was introduced to address the operational needs of Hinchinbrook Helicopters Pty Ltd, allowing their crew members to use a safety harness instead of a conventional seat belt during specific aerial work tasks. The exemption was made by a delegate of the Civil Aviation Safety Authority (CASA) under the power delegated by the Parliament and aligns with the policy objective of ensuring the safety of air navigation while accommodating practical operational requirements. The exemption is subject to certain conditions, including the restriction to visual meteorological conditions and the requirement for a detailed operations manual outlining the use of safety harnesses and seat belts. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA EX46/15, pertain to the exemption from seat belt requirements for the pilot in command and crew members of aircraft operated by Hinchinbrook Helicopters Pty Ltd when conducting specific aerial work or tasks that require greater freedom of movement, such as tasks involving a camera operator. This exemption applies only to the aircraft operated by Hinchinbrook Helicopters Pty Ltd and is limited to the conditions specified in Schedule 2 of the instrument. The exemption is applicable within the regulatory framework of Australia, governed by the Civil Aviation Act 1988, and it is intended to facilitate operations that necessitate the use of safety harnesses instead of seat belts for certain operational tasks. Conditions such as operating only in visual meteorological conditions, detailed procedures for the use of safety harnesses and seat belts in the operator’s operations manual, and ensuring the safety harness allows crew movement without compromising pilot control or the helicopter’s centre of gravity, have been imposed by CASA to mitigate any safety risks. This exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act 2003. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms and was made without further consultation under section 17 of the Legislative Instruments Act 2003, given it was requested by the operator. The instrument will remain in effect until the end of February 2018, unless otherwise repealed or amended.

Key Provisions

The Civil Aviation Safety Regulations 1998, under section 11.160, provide that the Civil Aviation Safety Authority (CASA) may grant an exemption from certain provisions of the Civil Aviation Regulations 1998 (CAR 1998) and the Civil Aviation Orders (CAOs) if it is necessary in the interests of the safety of air navigation. Specifically, subregulation 11.160(1) allows CASA to grant exemptions in relation to matters mentioned in subsection 98(5A) of the Civil Aviation Act 1988. The exemption can be granted to a specific person or a class of persons, as outlined in subregulation 11.160(2). In this case, the exemption applies to Hinchinbrook Helicopters Pty Ltd and its pilot in command and crew members. Under subregulation 11.205(1) of CASR 1998, CASA may impose conditions on the exemption if necessary for the safety of air navigation. These conditions, detailed in Schedule 2 of the instrument, include restrictions on the operations to visual meteorological conditions, requirements for the operations manual to outline procedures for using safety harnesses and seat belts, and specifications that the safety harness must enable crew members to move without adversely affecting the pilot's control or the helicopter's centre of gravity. Failure to comply with the conditions of the exemption, or any other provision of the CASR 1998, may result in enforcement actions by CASA. The consequences can include fines, prosecution, or other regulatory actions deemed necessary to enforce compliance with aviation safety standards. Additionally, the exemption itself is subject to disallowance by the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, as it is considered a disallowable instrument. This legislative instrument, which affects the operation of CAO 20.16.3, was made by a delegate of CASA and commenced on the date of registration, expiring at the end of February 2018. The instrument has been declared compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms and therefore does not raise any human rights issues. This compatibility is confirmed in the Statement of Compatibility with Human Rights attached to the instrument.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.