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.
Overview
The Civil Aviation Regulations, enacted under the authority of the Civil Aviation Act 1988, address various aspects of air navigation safety, including passenger safety protocols. Specifically, Regulation 308 allows for exemptions from certain compliance requirements while in an aircraft, subject to safety conditions and parliamentary disallowance. One such exemption pertains to the requirement for passengers to wear seat belts, detailed in subregulation 251(1), which mandates seat belt use during take-off and landing, instrument approaches, flights below 1,000 feet, and in turbulent conditions. The objective of the exemption is to provide relief for children under three years of age or weighing less than 15 kilograms, allowing them to be carried in an adult's arms or on their lap without needing to wear a seat belt, thereby aligning with the current operational practices in Australia without compromising safety. The Civil Aviation Authority asserts that this exemption does not adversely affect air navigation safety.
Scope and Application
The Civil Aviation Regulations 1988 under Regulation 308 allow for exemptions from specific provisions to ensure safety and operational efficiency during flights. In particular, this regulation empowers the Civil Aviation Authority to exempt children under the age of 3 years or those weighing less than 15 kilograms from the requirement to wear seat belts as stipulated in subregulation 251(1). This exemption is granted on the condition that the child is held in the arms or on the lap of an adult person throughout the flight. This regulatory provision aims to formalise and acknowledge the existing practice of carrying young children without seat belts, which the Authority has assessed as not compromising air navigation safety. The exemption is subject to specific safety conditions and can be disallowed under section 46A of the Acts Interpretation Act 1901. The exemption applies nationally within Australia, impacting all aircraft operators and passengers within the jurisdiction.
Key Provisions
The Civil Aviation Regulations, under Regulation 308, provide the Civil Aviation Authority (CAA) with the authority to exempt individuals from certain regulatory provisions while they are aboard an aircraft. This exemption can be conditional upon specific safety measures and is classified as a disallowable instrument according to section 46A of the Acts Interpretation Act 1901. Subregulation 251(1) of the Regulations mandates that all passengers must wear seat belts during particular phases of flight, including take-off and landing, instrument approaches, flights below 1,000 feet above terrain, and at all times when the aircraft is in turbulent conditions. The specific exemption under consideration pertains to children under 3 years of age, or those weighing less than 15 kilograms, who are otherwise required to wear seat belts under subregulation 251(1). This exemption allows such children to be carried in the arms or on the lap of an adult passenger, provided that this does not compromise air navigation safety.
The obligations imposed by this exemption require that any exempted children must be physically attended to by an adult throughout the flight. This means that the adult must be capable of maintaining control of the child in a manner that does not distract from the safety and operation of the aircraft. The CAA has determined that the practice of carrying young children in this manner does not adversely affect the safety of air travel, thereby justifying the exemption. This regulatory adjustment formalises the existing practices seen on Australian aircraft, ensuring that these practices are explicitly recognised and permitted by the governing body.
Breaching the conditions of this exemption could lead to various consequences. While the Civil Aviation Regulations themselves do not explicitly detail penalties for non-compliance with this specific exemption, the general framework of the Civil Aviation Act 1988 and associated regulations could apply. Offences related to non-compliance with aviation regulations can result in both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could involve imprisonment, reflecting the serious nature of aviation safety. The exact penalties would depend on the specific breach and its impact on aviation safety. The CAA retains the right to disallow the exemption if it is found to compromise safety, underscoring the importance of adhering to the conditions stipulated in the exemption.