Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (Capiteq Limited)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and 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 20.16.3 (CAO 20.16.3) was made under regulation 208 and provides, among other things, 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 54 year gap since a reassessment of cabin attendant numbers against a criterion of allowable seating rather than passenger numbers.
The certification of the Embraer 170-100 is based on the design of the floor plan and the seating configuration of the aircraft in relation to the location of exits. CASA does not call for a re‑evaluation of the aircraft design; instead, CASA accepts the design criterion which specifies a requirement for 2 cabin crew. CASA does require operators to demonstrate the safety procedures that are specific to the operator, which are evaluated, thus there is a distinction between the certification criterion and an operator-imposed safety procedure which may or may not enhance the evacuation of the aircraft in an emergency evacuation.
CASA is satisfied that the evacuation of a full complement of passengers for the Embraer 170-100 aircraft is able to be achieved in a time of 90 seconds with only 2 cabin crew on board. CASA is satisfied that the evacuation procedures adopted by Capiteq Limited, trading as Airnorth (the operator), to support their application to operate with the certification criterion of 2 cabin attendants to a maximum of 78 seats fitted to the aircraft have been demonstrated successfully. The maximum permitted evacuation time of 90 seconds is set out as a condition in Schedule 1 of the instrument.
The other conditions include a requirement that the briefing of passengers in self-help exit rows must be as approved by CASA and in the manner set out in the operator’s operations manual.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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
This instrument replaces instrument CASA 93/13, which is repealed by this instrument and would otherwise have expired at the end of May 2014.
CASA consulted with the operator before issuing CASA 196/12 which preceded CASA 93/13. The operator has requested the issue of this instrument to allow it to continue to operate Embraer 170-100 series aircraft with 1 cabin attendant for every 50 passenger seats or part of that number. The policy behind CASA 93/13 has not changed since it was made and the operation of that instrument has been satisfactory. Previous agreements and undertakings entered into between CASA and the operator continue to apply. Consequently, CASA considers that no further consultation is appropriate or necessary.
Senate Committee concerns
This direction provides for the operator to meet a standard for cabin crew numbers that differs from that currently promulgated in CAO 20.16.3, but is considered to be a standard consistent with international safety standards and practice.
The development and preparation of suitable legislative amendments to avoid the need for individual directions and set a suitable standard for cabin crew numbers is also continuing.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made 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 the day of registration. It expires at the end of May 2015, as if it had been repealed by another instrument.
[Instrument number CASA 104/14]
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 (Capiteq Limited)
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 legislative instrument allows Capiteq Limited, trading as Airnorth (the operator), to operate an Australian registered Embraer 170-100 series aircraft with a maximum seating capacity of 78 passengers if there is 1 cabin attendant for every 50 passenger seats or part of that number. In the absence of this instrument, 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 primary purpose of the legislative instrument is to allow the operator to operate those aircraft with 2 cabin attendants. The direction is subject to conditions, imposed in the interests of aviation safety, about positioning of cabin attendants, seating and briefing of passengers, and the ability to quickly evacuate the aircraft.
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