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 all persons 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 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.
Background
Koolardie Aviation Pty Ltd, trading as Townsville Helicopters and Townsville Helicopters Flying School, is involved in aerial photographic operations that require a person to have the ability to manoeuvre him or herself in a way that a seat belt does not allow. The procedure is for take-off and climb above 1 000 feet AGL to be carried out with all persons restrained normally by seat belts. Then, at a safe height, the crew member would release the seat belt and put on the safety harness. The crew member would then carry out the work, and when finished, the aircraft will be climbed to a safe height and the crew member will reverse the procedure for landing. The exemption is necessary to allow crew members and passengers flexibility in the operation.
Legislative Instruments Act
Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act which states that the Regulations may empower CASA to issue an instrument relating to the safe navigation and operation, or the maintenance, of aircraft. Subsection (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 aircraft. This exemption applies to a class of persons and so is a legislative instrument. The instrument is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Direct consultation has been undertaken with operators who have expertise relevant to the use of a harness to determine the consequences for aviation safety that CASA should take into account for the issue of this exemption. The instrument has been drafted based on feedback received during this consultation.
As a result, it is considered that the exemption makes satisfactory provision for the safety of the flight crew who operate under it. Any operator who could satisfy the conditions of the exemption would be considered for the issue of a similar instrument.
Human Rights Compatibility Statement
A Statement of Compatibility with Human Rights is at Attachment 1.
Commencement and making
The exemption commences on the day of registration and stops having effect at the end of 30 April 2016 as if it had been repealed by another instrument.
The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX54/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Exemption under regulation 11.160 — 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
Koolardie Aviation Pty Ltd, trading as Townsville Helicopters and Townsville Helicopters Flying School, is involved in aerial photographic operations that require a person to have the ability to manoeuvre him or herself in a way that a seat belt does not allow. The exemption is necessary to allow crew members and passengers flexibility in the operation.
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