Upper torso restraints (UTRs) were not required for all passenger seats for small aeroplanes manufactured before December 1986 and helicopters manufactured before September 1992, including for passenger transport operations. Although options for retrofitting UTRs are available for many models of small aircraft, many of these aircraft manufactured before the applicable dates that are being used for passenger transport have not yet been retrofitted.
No changes in mandatory requirements for upper torso restraints have occurred, even for air transport operations involving small aircraft for which mandatory service bulletins exist.
The Australian Transport Safety Bureau recommends that the Civil Aviation Safety Authority consider mandating the fitment of upper torso restraints (UTRs) for all seats in small aeroplanes and helicopters, particularly for those aircraft (a) being used for air transport operations and/or (b) for those aircraft where the aircraft manufacturer has issued a mandatory service bulletin to fit UTRs for all seats (or such restraints are readily available and relatively easy to install).
CASA acknowledges fitting upper torso restraints (UTR) has merit and encourages operators to do so. CASA intends to address this recommendation by issuing an Airworthiness Bulletin for the relevant aircraft that will outline the safety benefits of fitting these types of UTR. It will be the responsibility of owners and operators to decide the merits of fitment.
CASA does not support mandating the fitment of UTR for small aircraft based on the currently available safety evidence and given the associated costs this involves.
An airworthiness directive issued by the state of design is the only way of effectively mandating the fitment of UTRs. For aircraft certified in the United States (such as the accident aircraft) the Federal Aviation Administration (FAA) is the relevant authority and has not issued such an airworthiness directive. The FAA in responding to a similar recommendation made by the NTSB stated;
“Mandating the retrofit of aircraft manufactured before December 12, 1986, with a two-point inflatable restraint or a shoulder harness would require the determination that an unsafe condition exists and issuance of an airworthiness directive. The cost of retrofitting the fleet would be substantial. The economic burden levied on the GA fleet with such a mandate would outweigh any potential benefit. Therefore, the FAA does not intend to mandate the installation of a two-point inflatable restraint system or a shoulder harness on the existing fleet.”
CASA’s approach in considering additional safety improvements for small aircraft is to consider a wide range of feasible options for safety improvement and to actively pursue those options that provide the greatest safety benefit for the investment made by owners/operators.
While older aircraft are not unsafe, there are potentially many features of modern aircraft that provide a superior level of safety given the changes in design standards and technology over time.
Any upgrade to the safety standard of older aircraft should therefore focus on the best safety outcome per resource input.
To inform our approach in improving safety particularly in small air transport operations, CASA recently undertook a sector risk profile for the small aeroplane air transport sector. The sector risk profile considered a wide range of information, including the accident and incident data for these types of aircraft, to develop the most critical ‘risks’ or safety issues for this sector. The types of restraints used for rear seat passengers was not identified as a ‘risk’ or safety issue.
As a result of the sector risk profile, and other considerations, CASA is proposing to adopt the following safety enhancements to Part 135 operations (small air transport): new
Furthermore, in addressing an outstanding ATSB safety recommendation, AO-2011-115-SR-050, CASA is removing the option of a generic maintenance schedule (CAR ‘Schedule 5’) for aircraft in air transport operations. This is currently the subject of a policy making proposal.
CASA is of the view some of these safety enhancements are a more appropriate focus of mandatory action.
CASA acknowledges fitting upper torso restraints (UTR) has merit and encourages operators to do so. CASA intends to address this recommendation by issuing an Airworthiness Bulletin for the relevant aircraft that will outline the safety benefits of fitting these types of UTR. It will be the responsibility of owners and operators to decide the merits of fitment.
CASA is of the view it is better to take a systems approach to making safety enhancements when issuing mandatory action, unless clear safety deficiencies exist. CASA is not convinced that these aircraft are unsafe without UTR restraints. CASA intends to mandate a number of other safety enhancements to small air transport operations.
The ATSB welcomes CASA’s safety enhancements in areas such as training and checking, safety management systems and considerations of human factors. The ATSB also welcomes CASA’s proposed action to encourage aircraft owners and operators to install upper-torso restraints (UTRs) for rear seats, which will complement ATSB’s safety advisory notice on the same topic.
Nevertheless, the ATSB still believes there is an unnecessary risk to passenger safety that, particularly for air transport operations in many small aircraft, would be relatively easy to address.
The ATSB recognises that a recent recommendation by the US National Transportation Safety Board (NTSB) for retrofitting UTRs on all general aviation aircraft (A-11-4) resulted in no change in mandatory requirements by the Federal Aviation Administration (FAA), and in December 2016 the NTSB closed the recommendation and classified the FAA response as ‘unacceptable action.
The ATSB also recognises that a recent recommendation by the Canadian Transportation Safety Board (TSB) to require all small seaplanes in commercial service to be fitted with UTRs for all passenger seats (A13-03) has, to date, resulted in no change in regulatory requirements, and the TSB have classified the response to date by Transport Canada as unsatisfactory.
ATSB safety advisory notice to all operators of small aeroplanes and helicopters
Action number: AO-2017-005-SAN-028
The Australian Transport Safety Bureau strongly encourages operators and owners of small aeroplanes manufactured before December 1986 and helicopters manufactured before September 1992 to fit upper torso restraints to all seats in their aircraft (if they are not already fitted).
