Federal Register of Legislation - Australian Government

Primary content

Orders/Civil Aviation as made
This instrument amends the Civil Aviation Order 20.16.3 (the CAO) by relieving operators and pilots in command of rotorcraft and smaller aeroplanes of the obligation under paragraph 14.2 of the CAO not to seat a person who requires assistance due to sickness, injury or disability where they could obstruct or hinder access to an emergency exit.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 26 Jul 2021
Tabling HistoryDate
Tabled HR03-Aug-2021
Tabled Senate03-Aug-2021
Date of repeal 19 Oct 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 5 and 235 of the Civil Aviation Regulations 1988 and subsection 33 (3) of the Acts Interpretation Act 1901.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

23 July 2021

Civil Aviation Order 20.16.3 Amendment Instrument 2021 (No. 1)

1          Name of instrument

                 This instrument is the Civil Aviation Order 20.16.3 Amendment Instrument 2021 (No. 1).

2          Commencement

                 This instrument commences on the day after it is registered.

3          Amendment of Civil Aviation Order 20.16.3

                 Schedule 1 amends Civil Aviation Order 20.16.3 (as amended).

Schedule 1          Amendments

[1]        Paragraph 3.3

omit

persons who are

insert

persons who are, subject to subsection 14,

[2]        Paragraph 14.2

omit

The

insert

Subject to paragraph 14.5, the

[3]        Subsection 14, after paragraph 14.4

insert

     14.5     Paragraph 14.2 does not apply in relation to a rotorcraft or a smaller aeroplane if:

(a)   the person who requires assistance is accompanied, or assisted, for the flight by a suitable person who is seated adjacent to the emergency exit; and

(b)   the suitable person is accompanying or assisting only that person for the flight; and

(c)   the suitable person has agreed to assist the crew with the evacuation of the aircraft in an emergency.

     14.6     For the purposes of paragraph 14.5:

rotorcraft means:

(a)   a helicopter; or

(b)   a gyroplane; or

(c)   a powered-lift aircraft.

smaller aeroplane means an aeroplane that has:

(a)   a maximum passenger seating capacity of not more than 9; and

(b)   a maximum take-off weight of not more than 8 618 kg.

suitable person: a person is a suitable person if the person:

(a)   is reasonably fit, strong, and able to assist with the rapid evacuation of the aircraft in an emergency; and

(b)   would not, because of a condition or disability, including an inability to understand oral instructions, hinder:

             (i)  other passengers during an evacuation of the aircraft in an emergency; or

            (ii)  the aircraft’s crew in carrying out their duties in an emergency.