CASA EX54/13 - Exemption - requirement to wear seat belt and safety harness

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide for the safety of air navigation and operation, and the maintenance of aircraft in Australia. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulatory requirements where necessary for the safety of flight crew. The Exemption under regulation 11.160 – requirement to wear seat belt and safety harness aims to address a specific operational need for aerial photographic operations conducted by Koolardie Aviation Pty Ltd, trading as Townsville Helicopters and Townsville Helicopters Flying School. This exemption allows crew members to alternate between using a safety harness and a seat belt during specific phases of flight, providing the necessary flexibility for the operation while ensuring aviation safety is maintained. The exemption was issued by CASA in consultation with relevant operators and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It is also compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The exemption was made possible by the authority granted to CASA under the Civil Aviation Act 1988, specifically section 98, which empowers the Governor-General to make regulations. The instrument was drafted in consultation with relevant operators and has been deemed satisfactory for ensuring the safety of flight crew. The exemption is applicable to a class of persons and therefore qualifies as a legislative instrument, subject to the scrutiny of the Parliament. The exemption is set to cease on 30 April 2016, unless otherwise repealed.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, outline the requirements for the use of seat belts and safety harnesses for crew members and passengers during flight operations. These regulations apply broadly to all aircraft operations within Australia, ensuring safety standards are uniformly enforced across the industry. Subregulation 251(1) of the Civil Aviation Regulations 1988 mandates that seat belts be worn by all crew members and passengers in specific circumstances, such as when the aircraft is flying below 1,000 feet above the terrain. Additionally, subregulation 251(3) allows the Civil Aviation Safety Authority (CASA) to specify types of safety harnesses that can replace seat belts. However, there is no provision allowing a person to alternate between a safety harness and a seat belt during the same operation, as outlined in paragraph 4.1 of Civil Aviation Order 20.16.3. The exemption process under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 enables CASA to grant exemptions from these provisions if necessary for the safety of air navigation, subject to conditions under subregulation 11.205(1). This exemption applies to a specific class of persons, namely Koolardie Aviation Pty Ltd, trading as Townsville Helicopters and Townsville Helicopters Flying School, which conducts aerial photographic operations requiring flexibility beyond what seat belts permit. The exemption is subject to publication and a maximum duration of three years, ceasing on the specified date or three years after commencement if no date is specified, as per regulation 11.225 and subregulation 11.230(1) of CASR 1998.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) provide for the requirement to wear seat belts and safety harnesses in certain circumstances, as outlined in the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Order 20.16.3 (CAO 20.16.3). Specifically, subregulation 251(1) of the CAR 1998 mandates that all crew members and passengers must wear seat belts in various situations, including when the aircraft is flying at less than 1000 feet above the terrain. Subregulation 251(3) allows the Civil Aviation Safety Authority (CASA) to direct the use of a specified type of safety harness in place of a seat belt. Paragraph 4.1 of CAO 20.16.3 further delineates circumstances where a seat belt or safety harness must be worn, while paragraph 4.2 mandates that a safety harness or seat belt must be worn at all times during flight. The obligations imposed by the Act include the requirement for CASA to ensure that all persons involved in aerial operations adhere to safety regulations concerning seat belts and safety harnesses. Subregulation 11.160(1) of the CASR 1998 allows CASA to grant exemptions from these provisions if necessary for safety reasons. An exemption can be granted to a specific person or a class of persons, as outlined in subregulation 11.160(2) of the CASR 1998. Additionally, CASA may impose conditions on any granted exemption if it is deemed necessary for the safety of air navigation, as per subregulation 11.205(1) of the CASR 1998. Exemptions must be published on the Internet under regulation 11.225 of the CASR 1998 and will cease to have effect no later than three years from their commencement unless otherwise specified, as per subregulation 11.230(1) of the CASR 1998. Any breach of the regulations concerning the use of seat belts and safety harnesses may lead to civil or criminal consequences. While the specific penalties are not detailed in the provided text, it is implied that non-compliance with safety regulations could result in enforcement actions by CASA. These actions could include fines, suspension of operating certificates, or other regulatory measures. The legislative instrument is also subject to parliamentary scrutiny and must be compatible with human rights, as outlined in the Legislative Instruments Act 2003 (LIA) and the Human Rights (Parliamentary Scrutiny) Act 2011. This ensures that any exemptions granted are balanced with the need to maintain high safety standards in aviation operations.