Recommendation Date
Recipient Name
CAA
Text
Explore the practicability of requiring harnesses with an upper restrain facility to be available for each passenger in aeroplanes with an authorised maximum all up weight of less than 2250 kg.
Reply Text
This suggestion has been under continuous and exhaustive investigation by the FAA since 1973, taking into account a large number of factors including the economic impact of any proposed rules, practical aspects such as structural provisions in existing aircraft, usage of aircraft, usage of harnesses when provided, analysis of previous accidents, etc. (See the introduction to amendment 23032 of the Federal Aviation Regulations for a good summary of the history of the subject).
As a result of that research, and the ensuing NPRMs (which have included proposed rules very similar to the TAIC suggestion, but which have not been adopted) and associated comments from industry, the FAA regulatory situation in 1993 relating to FAR 23 size aircraft is as follows:
FAR 23.3(a) requires all normal utility and acrobatic aircraft, (i.e. aircraft with a passenger seating configuration, excluding pilots, of nine or less), manufactured after 12 December 1986 for entry into the United States to provide a safety belt and should harness for each forward or aft-facing seat.
FAR 23.785(g) requires all aircraft (type certificated since July 18 1978) to provide a safety belt and shoulder harness for each front seat (and to meet certain other related safety considerations).
FAR 91.205(b) (13) requires all small civil aeroplanes manufactured after July 18 1978 to provide an approved shoulder harness for each front seat.
The first two rules also apply in New Zealand as FAR 23 is the basic airworthiness standard in New Zealand for light aircraft. However, neither of these rules have had much effect in practice, as few if any aircraft have been certificated since 1978, nor have many aircraft been manufactured since 1986 by the moribund US general aviation industry.
The third rule would have the greatest practical effect but is an operating rule applicable in the US only and for which at present there is no equivalent in New Zealand. However, as most light aircraft have been built either in the US or destined for the US market, it is not likely aircraft destined for New Zealand would be built to a different standard and any light aircraft in New Zealand manufactured after 18 July 1978 should have shoulder harnesses fitted to the front seats.
As the retrospective fitting of shoulder harnesses to all seats of all existing light aircraft has not yet been made a rule in the US or elsewhere, the Authority does not believe there is sufficient justification to consider making such a rule in New Zealand, which apart from imposing a considerable financial and technical burden on the industry would place it out of step with other airworthiness authorities when the world-wide trend is towards harmonisation of such airworthiness regulations.
It is believed the FAA is continuing studies in the area, and in particular looking at extending the existing FAR 91 requirements to include all seats. If such a rule was adopted by the FAA the Authority would then look seriously at including such a requirement in New Zealand, possibly in the new CAR Part 91 still to be developed.
As a result of that research, and the ensuing NPRMs (which have included proposed rules very similar to the TAIC suggestion, but which have not been adopted) and associated comments from industry, the FAA regulatory situation in 1993 relating to FAR 23 size aircraft is as follows:
FAR 23.3(a) requires all normal utility and acrobatic aircraft, (i.e. aircraft with a passenger seating configuration, excluding pilots, of nine or less), manufactured after 12 December 1986 for entry into the United States to provide a safety belt and should harness for each forward or aft-facing seat.
FAR 23.785(g) requires all aircraft (type certificated since July 18 1978) to provide a safety belt and shoulder harness for each front seat (and to meet certain other related safety considerations).
FAR 91.205(b) (13) requires all small civil aeroplanes manufactured after July 18 1978 to provide an approved shoulder harness for each front seat.
The first two rules also apply in New Zealand as FAR 23 is the basic airworthiness standard in New Zealand for light aircraft. However, neither of these rules have had much effect in practice, as few if any aircraft have been certificated since 1978, nor have many aircraft been manufactured since 1986 by the moribund US general aviation industry.
The third rule would have the greatest practical effect but is an operating rule applicable in the US only and for which at present there is no equivalent in New Zealand. However, as most light aircraft have been built either in the US or destined for the US market, it is not likely aircraft destined for New Zealand would be built to a different standard and any light aircraft in New Zealand manufactured after 18 July 1978 should have shoulder harnesses fitted to the front seats.
As the retrospective fitting of shoulder harnesses to all seats of all existing light aircraft has not yet been made a rule in the US or elsewhere, the Authority does not believe there is sufficient justification to consider making such a rule in New Zealand, which apart from imposing a considerable financial and technical burden on the industry would place it out of step with other airworthiness authorities when the world-wide trend is towards harmonisation of such airworthiness regulations.
It is believed the FAA is continuing studies in the area, and in particular looking at extending the existing FAR 91 requirements to include all seats. If such a rule was adopted by the FAA the Authority would then look seriously at including such a requirement in New Zealand, possibly in the new CAR Part 91 still to be developed.
Related Investigation(s)