Commonwealth legislation

CASA EX61/09 – Exemption – carriage of children suffering from a serious medical condition

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This instrument temporarily lets Virgin Blue Airlines carry children over 2 years old on a caregiver’s lap—despite the usual Civil Aviation Regulations requirement for a separate seat—when the child weighs under 16 kg and cannot sit upright unaided due to a serious medical condition. It applies only to specified Boeing 737 and Embraer 170/190 aircraft and requires a doctor’s written fitness-to-fly statement, staff notification, and use of an approved infant lap belt (1 Oct 2009–30 Sep 2011).

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Current sections

Direct links to the current provisions in CASA EX61/09 – Exemption – carriage of children suffering from a serious medical condition.

CASA EX61/09 – Exemption – carriage of children suffering from a serious medical condition

Instrument number CASA EX61/09

I, michael david quinn, Deputy Director of Aviation Safety, a delegate of CASA, make this instrument under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed M.D. Quinn]

Mick Quinn
Deputy Director of Aviation Safety

3 September 2009

Exemption — carriage of children suffering from a serious medical condition

1 Duration

This instrument:

(a) commences on 1 October 2009; and

(b) stops having effect at the end of 30 September 2011.

2 Application

This instrument applies to the carriage of a child over 2 years old who:

(a) suffers from a serious medical condition which makes it impossible for him or her to sit upright unaided; and

(b) weighs less than 16 kilograms.

3 Exemption

This instrument exempts Virgin Blue Airlines Pty Limited, Aviation Reference Number 567591 (the operator), and a child to whom this instrument applies, from compliance with subregulation 251 (1) of CAR 1988.

4 Conditions

(1)The child must be carried in a Boeing 737-700/800, or an Embraer 170/190, aircraft.

(2)The exemption is subject to the conditions of carriage mentioned in Schedule 1.

Schedule 1 Conditions of carriage

1 All staff, who may reasonably be expected to have any contact with the child during the carriage of the child, must be informed of the carriage of the child under this exemption and of the medical condition of the child.

2 A qualified medical practitioner must provide a statement in writing that mentions the child’s medical condition, and that he or she:

(a) is unable to sit upright unaided; and

(b) weighs under 16 kilograms; and

3 An approved infant seat belt must be used in the aircraft to restrain the child while sitting on an accompanying adult’s lap.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 CASA EX61/09 – Exemption – carriage of children suffering from a serious medical condition