CASA EX06/13 - Exemption - for cabin crew member to use passenger seat

Link to law: https://www.comlaw.gov.au/Details/F2013L00103

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Instrument number CASA EX06/13
I, GERARD JOHN CAMPBELL, Acting Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed G.J. Campbell]
Gerard Campbell
Acting Executive Manager
Operations Division
17 January 2013
Exemption — for cabin crew member to use passenger seat
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
(b)   stops having effect at the end of 31 January 2015.
2          Definitions
                 In this instrument:
aircraft means an aircraft to which Subpart 90.B of CASR 1998 applies.
Note   Subpart 90.B of CASR 1998 applies to aircraft other than balloons, airships, sailplanes, powered sailplanes and aircraft with certain special certificates of airworthiness, experimental certificates, special flight permits and provisional certificates of airworthiness.
non-compliant cabin crew seat or related equipment means a cabin crew seat or related equipment that:
(a)   is provided for a cabin crew member in an aircraft; and
(b)   does not comply with the Standards.
Note   Related equipment includes, for example, a restraint system.
Standards means the standards for seats and related equipment provided for a cabin crew member as set out in the Part 90 Manual of Standards made under regulation 90.125 of CASR 1998.
3          Application
                 This instrument applies to the registered operator of an aircraft in which there is:
(a)   a non-compliant cabin crew seat or related equipment; and
(b)   no alternative seat or related equipment provided for the cabin crew member that complies with the Standards.
4          Exemption
                 The registered operator of an aircraft is exempt from regulation 90.125 of CASR 1998.
5          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     The non-compliant cabin crew seat or related equipment must be the subject of a CASA approval of a permissible unserviceability (PUS) under regulation 37 of the Civil Aviation Regulations 1988 (CAR 1988).
        2     The terms, including any time limits, of the approval mentioned in clause 1, and any directions and conditions issued under subregulation 37 (2) of CAR 1988, must be complied with.
        3     While the aircraft is operating, the relevant cabin crew member must be provided with a forward or aft-facing passenger seat suitable for use during take‑off and landing.
        4     The passenger seat mentioned in clause 3 must:
(a)   meet the applicable standards for a passenger seat and related equipment for the aircraft type; and
(b)   not have any defect and not be the subject of a PUS under CAR 1988; and
(c)   as far as practicable, be located in the passenger cabin near prescribed floor level emergency exits; and
(d)   as far as practicable, provide a direct view of the cabin area for which the cabin crew member is individually responsible.