CASA 129/16 - Direction — number of cabin attendants (Tiger Airways)

Overview

The Civil Aviation Regulations 1988 Direction — number of cabin attendants (Tiger Airways) was enacted in 2016 to address the unique Australian requirement for cabin crew ratios, which was more stringent than international standards. This legislation was introduced in response to a recommendation from a Civil Aviation Safety Authority (CASA) report, which suggested aligning Australia's cabin crew standards with those of safety regulators in the USA and Europe. The instrument allows Tiger Airways Australia Pty Limited to operate Airbus A320-200 and Boeing B737-800 series aircraft with a 1:50 cabin attendant to passenger ratio, consistent with international safety standards. This change was permitted under section 98 of the Civil Aviation Act 1988, enabling CASA to issue directions regarding the operating crew on aircraft for the safety of air navigation. The policy objective of this instrument is to ensure that Australia's aviation safety standards remain in line with global practices while allowing specific operators to maintain operational flexibility. The instrument is subject to tabling and disallowance in the Parliament, as stipulated by the Legislation Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the Direction—number of cabin attendants (Tiger Airways) instrument, pertain specifically to Tiger Airways Australia Pty Limited, allowing the airline to operate Airbus A320-200 series aircraft and Boeing B737-800 series aircraft with a cabin attendant ratio of 1:50, aligning with international safety standards. This legislative instrument is a departure from the existing Australian requirement under subparagraph 6.1(b) of Civil Aviation Order 20.16.3, which mandates a 1:36 ratio for aircraft carrying between 36 and 216 passengers. The instrument is applicable within the jurisdiction of Australia and is subject to the legislative processes outlined in the Legislation Act 2003, including tabling and disallowance in the Parliament. This specific regulation does not extend to other airlines unless similarly permitted, and it does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument is set to commence on the day after registration and will be repealed at the end of 30 November 2018.

Key Provisions

The primary sections of the Civil Aviation Regulations 1988 (CAR 1988) involved in this legislation concern the number of cabin attendants required on aircraft under section 98 of the Civil Aviation Act 1988 (the Act) (subsection 98(1)). This section empowers the Governor-General to make regulations for the safety of air navigation, which includes determining the necessary operating crew on an aircraft. Specifically, regulation 208 of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the required operating crew based on safety considerations. The instrument in question amends subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3, which generally requires one cabin attendant for every 36 passengers or part of that number on aircraft carrying more than 36 but not more than 216 passengers. The new direction allows Tiger Airways Australia Pty Limited to operate with a 1:50 cabin attendant to passenger ratio on Airbus A320-200 and Boeing B737-800 series aircraft. The obligations imposed by this Act on Tiger Airways Australia Pty Limited include adhering to the specified cabin attendant ratios for the specified aircraft types. This means that for Airbus A320-200 and Boeing B737-800 series aircraft, Tiger Airways must ensure there is one cabin attendant for every 50 passengers or part of that number. This is a significant departure from the previous requirement of one cabin attendant for every 36 passengers or part of that number, aligning the airline's operations more closely with international safety standards. Additionally, the airline must ensure compliance with the legislative instrument by maintaining the required cabin crew ratios at all times during the operation of the specified aircraft. This includes regular audits and checks by CASA to ensure ongoing compliance. In terms of penalties and consequences for non-compliance, CASA can take several actions if Tiger Airways fails to adhere to the stipulated cabin attendant ratios. Under the Civil Aviation Act 1988, CASA can issue a direction to the airline to rectify the non-compliance, which may include grounding the aircraft in question until the issue is resolved. Furthermore, repeated or severe non-compliance can lead to CASA taking enforcement actions against Tiger Airways, which might include fines, suspension of operating permits, or even the revocation of the airline's operating license. The maximum penalties for such offences can vary, but they are generally substantial, reflecting the critical nature of ensuring safety in air navigation.