CASA 132/13 - Direction — number of cabin attendants for Airbus A320 and Fokker F100 aircraft (Virgin Australia Regional Airlines)

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, provides the framework for ensuring the safety and efficiency of civil aviation operations within the country. The regulations were designed to address the safety of air navigation and to provide a comprehensive set of rules governing all aspects of civil aviation, including the certification of aircraft and the qualifications and duties of crew members. The instrument F2013L01278, issued by the Civil Aviation Safety Authority (CASA), amends the existing regulations to allow Virgin Australia Regional Airlines Pty Ltd to operate Airbus A320 and Fokker F100 aircraft with a different ratio of cabin attendants to passenger seats, aligning with international safety standards and practices. This change was introduced to ensure that the evacuation procedures for these aircraft meet the necessary safety requirements. The instrument was issued under the authority of the Civil Aviation Act 1988 and is subject to parliamentary scrutiny and disallowance. The policy objective of this instrument is to ensure the safety of air navigation by updating the cabin attendant requirements for specific aircraft types, taking into account modern evacuation procedures and the specific design features of the aircraft. CASA has determined that the new cabin attendant ratios, based on passenger seats rather than passenger numbers, are consistent with international safety standards and provide an adequate level of safety for passengers. This change represents an update to the 1960 criteria, addressing a 53-year gap in reassessment. The instrument aims to provide a more accurate and effective safety measure by considering the specific layout and design of the aircraft, ensuring that the evacuation procedures are efficient and effective in the event of an emergency.

Scope and Application

The Direction issued under the Civil Aviation Regulations 1988 by the Civil Aviation Safety Authority (CASA) applies specifically to Virgin Australia Regional Airlines Pty Ltd and pertains to the number of cabin attendants required on Airbus A320 and Fokker F100 aircraft. This regulation is designed to ensure the safety of air navigation by setting a new standard for cabin crew numbers based on the aircraft's seating configuration rather than passenger numbers. The instrument applies to the operation of these specific aircraft types registered in Australia and engaged in regular public transport or charter services. The regulation stipulates that for Airbus A320 aircraft, there must be 4 cabin attendants for up to 168 passenger seats, and for Fokker F100 aircraft, there must be 2 cabin attendants for up to 100 passenger seats, with the condition that full evacuation of the aircraft must be achievable within 90 seconds. This Direction is subject to disallowance in the Parliament under the Legislative Instruments Act 2003 and was developed following consultation with the operator. The instrument is effective from 1 July 2013 until the end of June 2014 and replaces CASA 205/12.

Key Provisions

The main operative sections of this legislation pertain to the Civil Aviation Regulations 1988, particularly focusing on the number of cabin attendants required for Airbus A320 and Fokker F100 aircraft operated by Virgin Australia Regional Airlines (section 98(1)). The Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning air navigation safety, and under regulation 208, the Civil Aviation Safety Authority (CASA) can issue directions regarding the operating crew needed for aircraft safety (section 208). Civil Aviation Order 20.16.3 specifies that for aircraft carrying between 37 and 216 passengers, one cabin attendant must be present for each unit of 36 passengers or part thereof (subparagraph 6.1(b)). The current instrument modifies these requirements, allowing for one cabin attendant for every 50 passenger seats, or part of that number, for Airbus A320 and Fokker F100 aircraft operated by Virgin Australia Regional Airlines, as long as the evacuation time does not exceed 90 seconds. The obligations imposed by this legislation on the parties it governs are primarily concerned with ensuring the safety of air navigation. CASA requires that Virgin Australia Regional Airlines demonstrate that their evacuation procedures are safe and effective, and that passengers seated in self-help exit rows are adequately briefed and aware of their responsibilities in an emergency. The operator must also ensure that the evacuation of a full complement of passengers can be achieved within the stipulated 90-second timeframe. Additionally, the operator must comply with CASA’s requirements for passenger briefing in self-help exit rows, which must be as approved by CASA and in accordance with the operator's operations manual. The legislation includes specific consequences for non-compliance with the outlined requirements. While the exact penalties are not detailed in the explanatory statement, CASA, as the regulatory authority, has the power to enforce compliance through various means. Breaches of safety regulations could potentially lead to fines, operational restrictions, or even the grounding of the aircraft involved. The instrument is subject to disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, which means that Parliament has the opportunity to review and potentially reject the instrument. Failure to comply with CASA’s directives could result in the operator being non-compliant with regulatory standards, which could further lead to legal action or penalties as prescribed by the Civil Aviation Act 1988. This instrument also addresses human rights considerations, stating that it is compatible with human rights as it does not raise any issues under the applicable rights or freedoms as recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement of Compatibility with Human Rights confirms that this legislative instrument does not engage any of the applicable rights or freedoms, thus it does not pose any human rights concerns. The legislation is designed to ensure safety without infringing on the rights of passengers or crew, thereby maintaining a balance between safety regulations and human rights.