Federal Register of Legislation - Australian Government

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CASA EX109/20 Exemptions as made
This instrument allows passengers to carry small portable electronic devices (PEDs) on charter and regular public transport operations even when the passenger is required to wear their seatbelt.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Jul 2020
To be repealed 25 Mar 2021
Repealed by Self Repealing

Instrument number CASA EX109/20

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

29 July 2020

CASA EX109/20 — Passenger Carrying Small Portable Electronic Device during Flight Exemption 2020

1          Name

            This instrument is CASA EX109/20 — Passenger Carrying Small Portable Electronic Device during Flight Exemption 2020.

2          Duration

             This instrument:

(a)   commences on 1 August 2020; and

(b)   is repealed at the earlier of:

             (i)  the end of 31 July 2023; or

            (ii)  the commencement of the Civil Aviation Safety Amendment (Part 91) Regulations 2018.

3          Definitions

            In this instrument:

CAO 20.16.3 means Civil Aviation Order 20.16.3 (as amended), as in force from time to time.

carrying a small portable electronic device, by a passenger, includes the passenger:

(a)   holding the device; or

(b)   placing the device in the pocket of a garment worn by the passenger; or

(c)   placing the device in the magazine pocket of the passenger seat in front of the passenger.

charter operation has the same meaning as in CAO 20.16.3.

portable electronic device includes a mobile phone, music player, e-reader, tablet computer, laptop computer, portable video game console, or camera.

regular public transport operation has the same meaning as in CAO 20.16.3.

small portable electronic device means a portable electronic device with a mass of less than 1 kg.

4          Application

                 This instrument applies in relation to a passenger carrying a small portable electronic device during flight on an Australian registered aircraft engaged in a charter or regular public transport operation.

5          Exemption

            During the operation, the operator and pilot in command of the aircraft are exempt from complying with paragraph 9.3 of CAO 20.16.3 if the passenger carries the small portable electronic device during the times seatbelts are required to be worn by the passenger under paragraph 4.1 of CAO 20.16.3.

6          Conditions

            The exemption in section 5 is subject to the following conditions:

(a)   the operator or pilot in command of the aircraft must ensure that the carriage of the small electronic device by the passenger does not impede emergency egress from the aircraft during the operation;

(b)   the operator or pilot in command of the aircraft must ensure that the passenger does not leave the small electronic device unattended during the operation;

(c)   the operator of the aircraft must have documented processes and procedures covering the requirements for passengers carrying small portable electronic devices during the operation.