Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (National Jet Systems)
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the
Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions as to the operating crew required to be carried on an aircraft having regard to the safety of air navigation. Subparagraph 6.1 (b) of Civil Aviation Order (CAO) 20.16.3 was made under regulation 208 of CAR 1988 and provides that aircraft carrying more than 36 and not more than 216 passengers must carry a cabin attendant for each unit of 36 passengers or part of that number.
The requirements in subparagraph 6.1 (b) of CAO 20.16.3 have remained in the same form since 1960 and as such represent a 55 year gap since a reassessment of cabin attendant numbers against a criterion of allowable seating rather than passenger numbers. CASA in a report published in 1990, Review of policies and practices for first-of-type certification of imported aircraft, recommended the recognition of the Federal Aviation Administration of the United States of America and the European Aviation Safety Agency certification standards. The recommendation was adopted.
Instrument
CASA 103/15 will allow National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services (the operator), to operate Boeing 717 type aircraft (B717), configured for a maximum passenger seating of 125 passengers, with 3 cabin attendants in regular public transport operations and in charter operations. CASA has assessed the operator’s safety risk management plan which satisfactorily addressed concerns regarding the increase in passenger numbers per cabin crew member. The operator has provided effective demonstration of emergency evacuation procedures with a 1:50 cabin attendant to passenger seats ratio. CASA has also conducted surveillance of the operator’s cabin crew operations, training procedures and management systems and is satisfied that operations can be conducted safely with the reduced number of cabin attendants.
The instrument is subject to conditions in the interest of aviation safety. Among other things, the operator must ensure that only physically competent (able-bodied) persons may occupy seats in seat rows designated as emergency exit rows in order to assist, where required, effective evacuation of the aircraft. The operator must also ensure all passengers seated in the emergency exit rows receive and respond to briefing on the operation of emergency exits and the actions required in the event of an emergency. The operator must ensure that the aircraft can be evacuated in 90 seconds and must not conduct operations that require the carriage of life rafts.
CASA 103/15 continues, in effect, a previous direction issued to the operator allowing the application of a 1:50 cabin attendant to passenger seating ratio (CASA 170/14 refers). CASA 170/14 expires at the end of July 2015.
Legislative Instruments Act 2003 (the LIA)
Under subparagraph 6 (d) (i) of the LIA, an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues a direction that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of subparagraph 6.1 (b) of CAO 20.16.3. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument has been issued at the request of the operator. CASA consulted internally and with the operator before issuing this instrument. Consultations included review of adequate safety risk management plans and systems in support of the operator’s application for the instrument. The instrument is similar to instruments issued to other operators that have been the subject of consultation within CASA and with other bodies.
Initial consultation under section 17 of the LIA was undertaken following the issue of the CASA report that recommended the recognition of the FAA certification standards in relation to setting the ratio of cabin attendants to passenger seats.
Senate Committee concerns
This direction provides for the operator to meet a new standard for cabin crew numbers. The new standard differs from that currently promulgated in CAO 20.16.3 but it is considered to be a standard consistent with international safety standards and practice.
The development and preparation of suitable standards with appropriate conditions is also continuing in conjunction with the preparation of new regulations applicable to all air transport operators.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The direction has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on 1 August 2015 and expires at the end of July 2016, as if it had been repealed by another instrument.
[Instrument number CASA 103/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Direction — number of cabin attendants (National Jet Systems)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The instrument allows National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services, to operate Australian registered B717 aircraft if they carry 1 cabin attendant for every 50 passenger seats or part of that number, for a maximum seating capacity of 125 passengers.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority