EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
EXEMPTION UNDER REGULATION 308
Regulation 308 of the Civil Aviation Regulations provides that the Civil Aviation Authority may exempt persons from compliance with specified provisions of the Regulation while they are in an aircraft. Such an exemption may be subject to safety conditions and is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 251(1) provides that all passengers must wear seat belts in an aircraft:
(a) during take-off and landing;
(b) during an instrument approach;
(c) when the aircraft is flying at a height less than 1,000 feet above the terrain; and
(d) at all times in turbulent conditions.
The purpose of this exemption is to exempt children under 3 years of age, or who weigh less than 15 kilograms, from having to wear seat belts in accordance with subregulation 251(1). The exemption is subject to the requirement that the children must be carried in the arms, or on the lap, of an adult person on the aircraft. The exemption will regularise the current practice on aircraft flying in Australia. The Authority does not consider that the current practice has any adverse affect on the safety of air navigation.
The attached instrument grants the necessary exemption.