CASA EX61/09 – Exemption – carriage of children suffering from a serious medical condition

Overview

The Civil Aviation Regulations 1988, as amended by instrument F2009L02983, address the need to provide exemptions for airlines to carry children suffering from serious medical conditions who cannot sit upright unaided. Enacted by the Australian Government and administered by the Civil Aviation Safety Authority (CASA), the policy objective of this regulation is to ensure safety while accommodating the needs of these children. Specifically, this exemption allows Virgin Blue Airlines Pty Limited to carry such children on an accompanying adult's lap, provided they are over 2 years old, weigh less than 16 kilograms, and are restrained using an approved infant seat belt. The exemption is conditional on the airline staff being informed of the child's condition and the exemption terms. This instrument renews the previous exemption CASA EX40/07 and applies only to certain aircraft types operated by the airline, specifically Boeing 737-700/800 and Embraer 170/190. This regulation underscores CASA's commitment to balancing safety with the practical needs of passengers with special requirements.

Scope and Application

The Civil Aviation Regulations 1988 provide a framework for ensuring the safety of air travel in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue exemptions under specific conditions. Subregulation 308(1) of these regulations allows CASA to exempt particular aircraft or classes of aircraft, or persons associated with their operation, from certain regulatory requirements, provided that safety conditions are met. This legislative mechanism is particularly relevant for Virgin Blue Airlines Pty Limited, which has been granted a specific exemption to carry children suffering from serious medical conditions under certain circumstances. The exemption, which applies to the airline's Boeing 737-700/800 and Embraer 170/190 aircraft, allows children over the age of 2 who are unable to sit upright unaided and weigh less than 16 kilograms to be carried on an accompanying adult's lap, provided they are restrained with an approved infant seat belt. The exemption is subject to CASA-imposed conditions, including the requirement for relevant airline staff to be informed of the child's medical condition. This exemption is a disallowable instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. While consultation under the Legislative Instruments Act was not undertaken in this instance, the exemption was granted based on a safety case submitted by the airline that met acceptable risk levels.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain provisions that allow the Civil Aviation Safety Authority (CASA) to grant exemptions from specific regulatory requirements in certain circumstances, provided that safety is not compromised. Under subregulation 308(1) of CAR 1988, CASA can exempt particular aircraft or categories of aircraft from complying with certain regulations, subject to conditions that ensure safety (subregulation 308(3)). This framework enables flexibility in addressing unique operational needs while maintaining a high standard of safety. The key provision of this specific exemption is outlined in subregulation 251(1) of CAR 1988, which mandates that all crew members and passengers wear seat belts during certain phases of flight. Typically, infants under three years of age may be carried on an adult's lap, provided they are restrained by an approved infant seat belt (CAO 20.16.3). Previously, exemptions have been granted for children over three years old who cannot sit upright unaided and meet certain weight limits, allowing them to be carried on an adult's lap while using an approved infant seat belt. This new exemption extends these allowances to children over two years old who suffer from a serious medical condition that prevents them from sitting upright unaided and who weigh less than 16 kilograms. Operators granted this exemption must ensure that relevant staff are informed about the child’s condition and the exemption under which they are being carried. The exemption applies specifically to Virgin Blue Airlines Pty Limited, allowing them to carry affected children on their Boeing 737-700/800 or Embraer 170/190 aircraft. This exemption renews CASA EX40/07 and will be in effect from 1 October 2009 until 30 September 2011. There are specific consequences for non-compliance with the conditions of this exemption. According to the Legislative Instruments Act 2003, such exemptions are considered legislative instruments and are subject to disallowance by Parliament (subsection 6(d)(i)). This means that while the exemption is in effect, it can be reviewed and potentially disallowed by Parliament if it is found not to meet safety standards. Failure to adhere to the conditions set by CASA could result in the exemption being revoked, and the operator could face enforcement actions for non-compliance. While the exact penalties are not specified in the document, they could include fines or other civil or criminal penalties under the Civil Aviation Act 1988.