Federal Register of Legislation - Australian Government

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This instrument permits passengers, aircraft and aircraft operators to carry a battery, used to power the passenger's mobility aid, on board an aircraft as carry-on baggage, subject to certain conditions.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 31 Jan 2019
To be repealed 31 Dec 2020
Repealed by Self Repealing

Instrument number CASA 06/19

I, PETER MICHAEL WHITE, Executive Manager, Regulatory Services & Surveillance, a delegate of CASA, make this instrument under section 23 of the Civil Aviation Act 1988.

[Signed P. White]

Executive Manager, Regulatory Services & Surveillance

30 January 2019

CASA 06/19 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2019

1          Name

            This instrument is CASA 06/19 — Dangerous Goods (Mobility Aid Lithium Ion Battery) Instrument 2019.

2          Duration

                 This instrument:

(a)   commences on 1 February 2019; and

(b)   is repealed at the end of 31 December 2020.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988. These include: AOC and Australian territory.

                 In this instrument:

                 Act means the Civil Aviation Act 1988.

                 battery means a lithium ion battery with a watt-hour rating of more than 300 watt-hours.

Note   The type of battery mentioned in this definition is specified in the Dangerous Goods List contained in the Technical Instructions.

                 carry-on baggage has the same meaning as in Part 1 of the CASR Dictionary.

                 CASR means the Civil Aviation Safety Regulations 1998.

                 relevant Australian aircraft means an Australian aircraft registered under the Act, which is operated by the holder of an AOC.

            relevant passenger, for a flight of a relevant Australian aircraft within Australian territory, means a passenger for the flight who, because of a disability, the passenger’s health or age, or a temporary mobility problem, relies on a mobility aid for mobility.

Example   A wheelchair is a type of mobility aid.

                 Technical Instructions has the same meaning as in subregulation 92.010 (1) of CASR.

4          Application

                 This instrument applies if:

(a)   a relevant passenger, for a flight of a relevant Australian aircraft within Australian territory, wishes to carry a battery on board the aircraft as carry‑on baggage for the flight; and

(b)   the battery is usually fitted to, and powers, the passenger’s mobility aid carried on the flight; and

(c)   the aircraft’s operator has determined the battery terminals cannot be adequately protected from short circuits, or the battery cannot be adequately protected from damage, if the battery remains fitted to the mobility aid during the flight.

5          Permissions

        (1)     For paragraphs 23 (2) (b) and (2A) (b) of the Act, the relevant passenger is permitted to carry the battery on board the aircraft as carry-on baggage for the flight.

        (2)     For paragraphs 23 (1) (b), (2) (b) and (2A) (b) of the Act, the aircraft and aircraft’s operator are permitted to carry the battery in the aircraft’s cabin during the flight.

        (3)     The permissions are subject to the conditions stated in Schedule 1.

Note   Under subregulation 92.025 (2) of CASR, it is a condition of the carriage of dangerous goods on an aircraft that the operator of the aircraft complies with the requirements of the Technical Instructions stated in that subregulation.

Also, under subregulation 92.030 (2) of CASR, subject to subregulation 92.030 (3) of CASR, it is a condition of the carriage of dangerous goods on an aircraft by a passenger that the passenger complies with the requirements of the Technical Instructions stated in subregulation (2).

Schedule 1          Conditions

          1     The operator must conduct a risk assessment in relation to the proposed carriage of the battery in the aircraft’s cabin during the flight, and provide a copy of the risk assessment document to CASA on request.

          2     The operator must have given its written approval for the battery to be carried on board the aircraft as carry-on baggage for the flight.

          3     The relevant passenger must declare the battery to the operator’s check-in staff at the airport before the flight.

          4     The battery must, immediately before being brought onto the aircraft, be inspected by the operator’s personnel, and found to be free from visible leaks or damage.

          5     The battery must be secured in the aircraft’s cabin, during the flight, in a way that prevents any movement in-flight that would change the battery’s orientation or cause damage to the battery.