Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — passenger carrying small portable electronic device during flight
Purpose
The purpose of the exemption is to allow passengers to carry small portable electronic devices on charter and regular public transport operations even when the passenger is required to wear their seatbelt. The instrument would “renew” CASA EX102/14 with some changes for style and clarity but no substantive changes.
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under subregulation 235 (7) of the Civil Aviation Regulations 1988 (CAR), CASA may give directions with respect to the method of loading of persons and goods (including fuel) on aircraft.
Regulation 5 of CAR provides that CASA may issue a direction made under the CAR in Civil Aviation Orders. Civil Aviation Order 20.16.3 (as amended) (CAO 20.16.3) is made under subregulation 235 (7) of CAR.
Paragraph 11.160 (1) (b) of CASR allows CASA to issue an exemption from a requirement of a Civil Aviation Order. Regulation 11.205 allows CASA to impose a condition on an exemption. Under regulation 11.205, a person commits an offence of strict liability if a condition of an exemption imposes an obligation on the person, and the person does not comply with the obligation.
Exemption
Paragraph 9.3 of CAO 20.16.3 provides that all solid articles shall be placed in approved stowage at all times when seat belts are required to be worn in the cabin in accordance with paragraph 4.1 of CAO 20.16.3. Paragraph 9.4 provides that approved stowage of solid articles means stowing the article under a passenger seat, in an overhead locker or in any other locker or rack designed for stowage of solid state articles in flight.
The instrument will exempt the operator and pilot in command of Australian registered aircraft engaged in charter or regular public transport operations from complying with the requirements in paragraph 9.3 of CAO 20.16.3 in relation to the stowage of portable electronic devices.
The exemption will only apply in relation to small portable electronic devices as defined in the exemption. All other portable electronic devices will have to be stowed in accordance with the requirements mentioned in paragraph 9.3 of CAO 20.16.3.
CASA is satisfied that strict compliance with paragraph 9.3 is not necessary in the case of small portable electronic devices which are defined as portable electronic devices with a mass of less than 1 kg.
The exemption is subject to a number of conditions in order to minimise the risk of injury or damage. A small portable electronic device may be carried by a passenger when seat belts are required to be worn. It must be secured by the passenger, by being held, or secured in the pocket of a garment worn by the passenger or the magazine pocket on the back of a seat. It must not be left unattended or impede emergency egress.
Other portable electronic devices such as large portable electronic devices or portable electronic devices that impede emergency egress will not be exempt from paragraph 9.4 of CAO 20.16.3 and must be placed in an approved stowage for solid articles in accordance with the requirements mentioned in that paragraph.
Operators who engage in charter or regular public transport operations must have documented processes and procedures in place that cover the requirements associated with the stowing and securing of portable electronic devices (PEDs).
In addition, the pilot in command retains the right to issue directions under regulation 309A of CAR for the stowage of small PEDs in approved stowage, when he or she considers it necessary for the safety of air navigation.
Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption was issued under that paragraph and applies to a class of aircraft and so is a legislative instrument.
Consultation
This instrument would “renew” CASA EX102/14 with no substantive changes. CASA has previously consulted with a number of regular public transport operators in relation to the issue of CASA EX102/14. In that consultation, the terms of the exemption were agreed to without any objections. CASA has also published guidance for industry on the use of PEDs to align the Australian legislative and policy requirements as far as practicable with those of other major aviation agencies, including the Federal Aviation Administration (FAA) and the European Aviation Safety Agency (EASA). The terms of the exemption provide relief against the existing Australian legislative requirements to facilitate the implementation of an internationally harmonised standard for the use of PEDs. Given these circumstances, CASA has not undertaken further specific consultation in relation to this instrument.
Legislative Instruments Act
Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption was issued under that paragraph and applies to a class of aircraft and so is a legislative instrument.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and duration
The exemption has been made by the Aviation Group Manager, relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on 1 August 2017. It will “replace” CASA EX102/14. The exemption will be repealed at the end of 31 July 2020.
[Instrument number CASA EX47/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — passenger carrying small portable electronic device during flight
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.
Purpose of legislative instrument
The purpose of the exemption is to allow passengers to carry small portable electronic devices on charter and regular public transport operations even when the passenger is required to wear their seatbelt. The instrument would “renew” CASA EX102/14 with some changes for style and clarity but no substantive changes.
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