CASA EX64/16 - Exemption — requirement to wear seat belt and safety harness

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

Legislation au F2016L00586 Not in force Legislative Instrument

Legislation content

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 at least 1 pilot crew member 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 (the CAOs) 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.

 

Instrument

Nautilus Aviation Heli Pty Ltd, Aviation Reference Number 559795 (the operator), operates a helicopter tourism business in North Queensland using several different types of helicopter. An aspect of its business is to undertake aerial work or perform tasks with a camera operator that requires greater freedom of movement afforded by a harness compared to a conventional seat belt.

 

The instrument exempts the pilot in command and crew members of an aircraft operated by the operator from having to comply with seat belt requirements under subregulation 251 (1) of CAR 1988 when undertaking specific aerial work or performing tasks where the assistance of the operating crew or camera operator is required.

 

Schedule 1 of the instrument limits the exemption only to the direction under subregulation 251 (3) of CAR 1988 that is contained in paragraphs 4.1 and 4.2 of CAO 20.16.3.

 

Schedule 2 imposes conditions on the exemption, including that, among other things, the operator must only conduct operations in visual meteorological conditions, that the operator’s operations manual sets out circumstances and procedures for when a safety harness and seat belt may be used, and that the safety harness must enable a crew member to move about without adversely affecting the pilot in command’s control or the helicopter’s centre of gravity.

 

Legislation Act 2003 (the LA)

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the CAOs. Under section 57A of the LA, an instrument is a legislative instrument for section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005.

 

Under regulation 5A of CAR 1988 (which was in force before 1 January 2005), if CASA has issued a CAO that is not an airworthiness directive, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument.

 

CASA EX64/16 affects the operation of paragraphs 4.1 and 4.2 of CAO 20.16.3 and, therefore, is declared to be a disallowable instrument. Accordingly, this instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

The instrument has been made at the request of the operator to replace CASA EX106/13 which expires at the end of 30 April 2016. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on 1 May 2016 and expires at the end of April 2019, as if it had been repealed by another instrument.

 

[Instrument number CASA EX64/16]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — 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

The legislative instrument exempts the pilot in command and crew of Nautilus Aviation Heli Pty Ltd (the operator) from having to comply with seat belt requirements under subregulation 251 (1) of the Civil Aviation Regulations 1988.

 

The primary purpose of the legislative instrument is to allow the operator to undertake aerial work or perform tasks with a camera operator that requires greater freedom of movement afforded by a harness compared to a conventional seat belt.

 

The exemption is subject to conditions imposed by CASA in the interests of the safety of air navigation.

 

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, enacted under the Civil Aviation Act 1988, address safety requirements in the aviation industry, including the mandatory use of seat belts and safety harnesses during flight. The Civil Aviation Safety Authority (CASA) has the authority to grant exemptions from these requirements under section 98 of the Act, subject to certain conditions for the safety of air navigation. Specifically, the Civil Aviation Safety Regulations 1998 allow CASA to provide exemptions from certain provisions, including those pertaining to seat belts and safety harnesses, in particular circumstances. The primary policy objective of these regulations is to ensure the safety of air navigation while allowing for necessary flexibility in operations where specific conditions necessitate it, such as when conducting aerial work requiring greater freedom of movement. The instrument in question was created to meet the needs of Nautilus Aviation Heli Pty Ltd, which operates a helicopter tourism business requiring its crew to alternate between using a harness and a seat belt during certain tasks.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA EX64/16, provide specific exemptions from the requirement to wear seat belts or safety harnesses for the pilot in command and crew members of Nautilus Aviation Heli Pty Ltd when they are undertaking aerial work or tasks that require the use of a camera operator. This exemption applies to the operator's helicopter tourism business in North Queensland, specifically to the operational conditions outlined in paragraphs 4.1 and 4.2 of Civil Aviation Order 20.16.3. The exemption is conditional, with CASA imposing certain safety-related conditions, such as limiting operations to visual meteorological conditions and ensuring that the operator's operations manual details the circumstances and procedures for using a safety harness and seat belt. The exemption is effective from 1 May 2016 until the end of April 2019 and is subject to disallowance under the Legislation Act 2003. The instrument was made in response to the operator's request to replace CASA EX106/13, which expired at the end of April 2016, and a Regulation Impact Statement was not required due to a standing agreement between CASA and the Office of Best Practice Regulation.

Key Provisions

The main operative sections of the instrument are subregulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998 (CASR 1998), which empower the Civil Aviation Safety Authority (CASA) to grant an exemption from compliance with a provision of the regulations or the Civil Aviation Orders (CAOs) (11.160(1)) and to impose conditions on an exemption if necessary in the interests of the safety of air navigation (11.205(1)). The instrument also specifies that the exemption is subject to publication on the Internet (11.225) and that it ceases on the day specified within it, or three years after commencement if no day is specified (11.230(1)). The instrument exempts the pilot in command and crew members of Nautilus Aviation Heli Pty Ltd from having to comply with seat belt requirements under subregulation 251(1) of the Civil Aviation Regulations 1988 when undertaking specific aerial work or performing tasks where the assistance of the operating crew or camera operator is required (Schedule 1). The exemption is subject to conditions imposed by CASA in the interests of the safety of air navigation, including that the operator must only conduct operations in visual meteorological conditions, that the operator’s operations manual sets out circumstances and procedures for when a safety harness and seat belt may be used, and that the safety harness must enable a crew member to move about without adversely affecting the pilot in command’s control or the helicopter’s centre of gravity (Schedule 2). The obligations and requirements imposed by the Act on the parties or entities it governs include compliance with seat belt requirements under subregulation 251(1) of the Civil Aviation Regulations 1988, unless an exemption is granted under subregulation 11.160 of CASR 1998. The operator must also comply with any conditions imposed by CASA on the exemption in the interests of the safety of air navigation, including those set out in Schedule 2 of the instrument. The operator must also ensure that its operations manual sets out circumstances and procedures for when a safety harness and seat belt may be used, and that the safety harness enables a crew member to move about without adversely affecting the pilot in command’s control or the helicopter’s centre of gravity. The instrument does not create any offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the conditions of the exemption or with any other applicable aviation safety regulations or orders may result in enforcement action by CASA, including the imposition of fines or other penalties. The maximum penalties for contravention of aviation safety regulations or orders vary depending on the nature and severity of the contravention, and may include fines of up to $165,200 for individuals and $826,000 for bodies corporate, as well as imprisonment for up to two years for serious or repeated contraventions. CASA may also take other enforcement action, such as suspending or cancelling an operator’s licence or certification, or imposing restrictions on an operator’s operations.

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Aviation Law
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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.