CASA EX97/10 – Exemption – requirement to wear seat belt and safety harness

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a regulatory framework governing civil aviation in Australia. One particular aspect of the regulations is the requirement for crew members and passengers to wear seat belts and safety harnesses under specific conditions. However, a gap in the existing regulations was identified concerning the use of rescue harnesses in conjunction with seat belts during certain operations, particularly by Australian Helicopters Pty Ltd, which trains Australian Army loadmasters. These loadmasters utilise a double attachment method, which includes both a rescue strop and a seat belt, to mirror military requirements and ensure safety during search and rescue operations. This practice, however, was not explicitly covered by the existing regulations, leading to potential safety risks due to the repetitive nature of attaching and detaching equipment. To address this gap, an exemption was introduced by the Civil Aviation Safety Authority (CASA), allowing the pilot in command and crew members to be double attached under certain conditions, subject to specific safety requirements. This exemption, made under the authority granted by section 98 of the Civil Aviation Act 1988, aims to enhance safety while accommodating the unique operational needs of Australian Helicopters.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) set forth various safety requirements for aircraft operations, including the necessity for crew members and passengers to wear seat belts or safety harnesses under certain conditions. Specifically, subregulation 251(1) of CAR 1988 mandates that seat belts must be worn by all crew members and passengers when the aircraft is flying below 1,000 feet above the terrain. This regulation aims to ensure the safety of individuals on board by requiring them to be securely fastened. However, the regulations also allow for exemptions under certain circumstances, as provided in subregulation 308 of CAR 1988, which empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons from specific provisions of the regulations, subject to conditions deemed necessary for safety. Australian Helicopters Pty Ltd has applied for and received an exemption for its pilot in command and crew members from the requirements of wearing seat belts or safety harnesses continuously, as stipulated in paragraphs 4.1 and 4.2 of Civil Aviation Order 20.16.3 (CAO 20.16.3). This exemption is conditional and applies specifically to the operational context of Australian Helicopters, which conducts training for Australian Army loadmasters and search and rescue operations over land. The exemption is intended to accommodate the unique operational needs of these activities, where the repetitive nature of attaching and detaching harnesses can lead to safety errors. The exemption, made by the Director of Aviation Safety on behalf of CASA, is subject to parliamentary disallowance and will cease to have effect by the end of 31 October 2012.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) establish that the Civil Aviation Safety Authority (CASA) can exempt aircraft or persons associated with the operation of an aircraft from certain regulatory requirements, under subregulation 308(1). This exemption process mandates that CASA considers all relevant safety-related factors before granting an exemption, as stated in subregulation 308(2), and may impose conditions on the exemption to ensure safety, as outlined in subregulation 308(3). Under subregulation 251(1) of CAR 1988, it is mandatory for all crew members and passengers to wear seat belts in various circumstances, including when the aircraft is below 1,000 feet above the terrain. Subregulation 251(3) allows CASA to direct the use of a specified type of safety harness in place of a seat belt. Additionally, paragraph 4.1 of Civil Aviation Order 20.16.3 (CAO 20.16.3) specifies the circumstances when seat belts or safety harnesses must be worn, while paragraph 4.2 of CAO 20.16.3 mandates that all persons must wear a safety harness or seat belt at all times during flight. The obligations imposed by the regulations on Australian Helicopters, the pilot in command, and crew members include adhering to the specific conditions set forth in the exemption. These conditions ensure that the operations are conducted in a manner that does not compromise safety. For instance, while the exemption allows crew members to be double attached using a rescue strop and a seat belt, it is crucial that this attachment method does not interfere with the proper functioning of the safety equipment and that it does not lead to any safety risks. The operations manual supplement submitted by Australian Helicopters must detail the procedures and protocols for safely conducting operations while being double attached. Failure to comply with the conditions of the exemption or the operational procedures detailed in the supplement could result in civil or criminal consequences. While the specific penalties are not detailed in the provided text, breaches of civil aviation regulations can generally lead to fines, suspension or revocation of operating certificates, and other administrative actions. In severe cases, criminal charges may be pursued, potentially leading to imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or regulatory guidance. The legislative framework underpinning this exemption is robust, ensuring that any instrument declaring an exemption is subject to parliamentary oversight. Subregulation 308(4) of CAR 1988 classifies the exemption as a disallowable instrument, making it subject to the provisions of the Legislative Instruments Act 2003 (LIA). Under the LIA, such instruments must be tabled and are subject to disallowance by Parliament, as per sections 38 and 42 of the LIA. This oversight mechanism ensures that the exemption aligns with legislative intent and safety standards.