CASA EX47/17 - Exemption — passenger carrying small portable electronic device during flight

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

Legislation au F2017L00476 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to address the growing need to accommodate the use of small portable electronic devices (PEDs) by passengers on aircraft while ensuring safety during flights. This legislative instrument, introduced by the Civil Aviation Safety Authority (CASA), renews the previous exemption (CASA EX102/14) with modifications for clarity and style but no substantive changes. The primary objective of this exemption is to allow passengers to carry small PEDs, defined as devices weighing less than 1 kg, during charter and regular public transport operations even when seat belts are required to be worn. This exemption is subject to specific conditions to mitigate the risk of injury or damage, including that the devices must be secured by the passenger and not left unattended or impede emergency egress. The pilot in command retains the authority to issue additional directions for the stowage of small PEDs if deemed necessary for the safety of air navigation. This instrument, applicable to a class of aircraft, is considered a legislative instrument under subsection 98(5AA) of the Civil Aviation Act 1988 and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption, published as F2017L00476, pertains to the carriage of small portable electronic devices (PEDs) on Australian registered aircraft during charter or regular public transport operations. This instrument applies to aircraft operators and pilots in command involved in these operations, allowing them to exempt small PEDs from the usual stowage requirements in certain circumstances. Specifically, the exemption applies to devices with a mass of less than 1 kg and allows them to be carried by passengers when seat belts are required to be worn, provided the devices are either held by the passenger or secured in a garment pocket or magazine pocket on the back of a seat, and not left unattended or impeding emergency egress. Larger PEDs or those that impede emergency egress are not covered by this exemption and must still be stowed in approved stowage. The exemption is a legislative instrument under the Civil Aviation Act 1988, applicable to a class of aircraft, and is subject to conditions to minimise risks. The instrument commenced on 1 August 2017 and will be repealed by 31 July 2020. This exemption aims to facilitate the implementation of an internationally harmonised standard for the use of PEDs, aligning Australian policy with those of other major aviation agencies.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) that pertain to the exemption of small portable electronic devices during flight are found in regulation 11.205 and subregulation 235(7) of the Civil Aviation Regulations 1988 (CAR). Section 11.205 allows the Civil Aviation Safety Authority (CASA) to impose conditions on an exemption from a requirement of a Civil Aviation Order, while subregulation 235(7) provides CASA with the authority to issue directions with respect to the method of loading of persons and goods on aircraft. The exemption in question, detailed in Civil Aviation Order 20.16.3, specifically allows for the stowage of small portable electronic devices by passengers during flights when seat belts are required to be worn, provided the devices meet the specified criteria and conditions. Operators and pilots engaged in charter or regular public transport operations are required to ensure that small portable electronic devices are securely held or stowed by the passenger, without impeding emergency egress. They must also maintain documented processes and procedures that address the requirements for the stowage and securing of these devices. Additionally, the pilot in command retains the discretion to require the stowage of small portable electronic devices in approved stowage if deemed necessary for the safety of air navigation. Failure to comply with the conditions imposed by the exemption may result in an offence under section 11.205 of the CASR, which is an offence of strict liability. In such cases, the operator or pilot in command could face civil or criminal consequences. The maximum penalties for contravening these regulations are not explicitly stated in the document, but generally, penalties for aviation safety breaches can include substantial fines and potential disqualification from operating aircraft.

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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.