Explanatory Statement
Civil Aviation Regulations 1988
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 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988. Under subregulation 308 (2), before CASA decides to give an exemption, CASA must take into account all relevant considerations relating to the interest of safety. Subregulation 308 (3) provides that such an exemption may be made subject to any conditions specified by CASA as being necessary in the interests of safety.
Under subregulation 251 (1) of 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 may 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 safety harness must be worn. There is no provision for a person utilising a rescue harness to be double attached, i.e. attached via harness and wearing a seat belt at the same time. Paragraph 4.2 of CAO 20.16.3 states that a safety harness or seat belt must be worn by all persons at all times during flight.
Background
Australian Helicopters Pty Ltd (Australian Helicopters) provide training to Australian Army loadmasters and attempt to mirror this training with military requirements. Australian Army loadmasters utilise double attachment procedures for normal operations. For example, when a loadmaster is seated he or she will be attached to the aircraft via a rescue strop and have a seat belt fitted. For cabin movement operations, the loadmaster will remove the seat belt and remain connected via the rescue strop.
In addition to Australian Army requirements, Australian Helicopters have found applicability of this procedure for normal search and rescue operations (over land only). For example, during search operations a crew member may be in, and out of, his or her every 5-10 minutes. The repetitive nature of attaching a rescue strop prior to undoing a seat belt and visa versa when returning to his or her seat, can lead to an error and ultimately being unrestrained.
Australian Helicopters have applied to conduct operations whilst double attached to the aircraft. They have trialled a procedure for conducting this type of operation and have submitted a draft operations manual supplement. The instrument exempts the pilot in command of the aircraft and crew members from the provisions of paragraphs 4.1 and 4.2 of CAO 20.16.3. The exemption is subject to conditions.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The instrument is therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken with Australian Helicopters. Any operator who meets all the requirements will be considered for the issue of a similar instrument.
The instrument commences on the day after it is registered and stops having effect at the end 31 October 2012.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX97/10]