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

 14.5Paragraph 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.