Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants
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. Subsection 7 and subparagraph 6.1 (a) of Civil Aviation Order 20.16.3 (CAO 20.16.3) were made under regulation 208 of CAR 1988 and provide, 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.
CAO 20.16.3 has remained in the same form since 1960 and as such represents a 49 year gap since a reassessment of cabin attendant numbers against a criterion of allowable seating rather than passenger numbers. CASA in a report 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.
The direction will allow Sunstate Airlines (Qld) Pty Limited (the operator) to operate the DHC 8-400 type aircraft with 2 cabin attendants. The operator has addressed the risks associated with the proposed change to procedures. The operator has also increased passenger awareness and capability for passengers seated at self-help exit rows in a manner equivalent or better than that achieved when the DHC 8-400 type satisfied the requirements of Transport Canada. CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds, within the Transport Canada guidelines for certification demonstrations.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instrument 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 (a) 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
For section 17 of the LIA, CASA has consulted both within CASA and with the operator on the proposal. The consultation process was brought to a conclusion with CASA and the operator exchanging documents outlining agreements and undertakings.
The instrument commences on 1 April 2009 and stops having effect at the end of 11 March 2011.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 145/09]
Overview
The Civil Aviation Regulations 1988, amended by the Direction issued in 2009, aim to address the long-standing issue of cabin attendant requirements on aircraft, particularly in light of modern safety standards and international practices. Enacted by the Australian Government through the Civil Aviation Act 1988, the Civil Aviation Regulations were designed to ensure the safety of air navigation, and the 2009 Direction was introduced to update the criteria for cabin attendant numbers on aircraft with seating capacities between 36 and 216 passengers. The policy objective of the Direction is to allow for the recognition of international standards and practices, specifically those of the Federal Aviation Administration of the United States of America and the European Aviation Safety Agency, while ensuring that safety and evacuation standards are maintained. The Direction was issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Regulations 1988 and is subject to disallowance by the Parliament, reflecting the importance of parliamentary oversight in aviation safety regulation.
Scope and Application
The Civil Aviation Regulations 1988, as amended, apply to the safety requirements of air navigation in Australia, and are enforced by the Civil Aviation Safety Authority (CASA). The regulations, particularly those under the Civil Aviation Act 1988, govern the mandatory crew requirements for aircraft to ensure passenger safety, including the number of cabin attendants necessary based on passenger capacity. The specific regulation in question, subsection 98(1) of the Act, empowers the Governor-General to make regulations concerning the safety of air navigation, and regulation 208 of the Civil Aviation Regulations 1988 further allows CASA to issue directions on operating crew requirements. The Civil Aviation Order 20.16.3, which has remained unchanged for nearly 50 years, previously mandated a cabin attendant for each unit of 36 passengers. However, a new direction allows Sunstate Airlines (Qld) Pty Limited to operate the DHC 8-400 type aircraft with only 2 cabin attendants, a decision based on a thorough risk assessment and recognition of international certification standards. This direction affects the operation of subparagraph 6.1(a) of CAO 20.16.3 and is considered a disallowable instrument under the Legislative Instruments Act 2003, subject to disallowance in Parliament. The consultation process included both internal CASA discussions and agreements with the operator before the instrument was issued on 1 April 2009 and ceased to have effect on 11 March 2011.
Key Provisions
The Civil Aviation Regulations 1988, under regulation 208, allow the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on aircraft for the safety of air navigation. In particular, subsection 98(1) of the Civil Aviation Act 1988 empowers the Governor-General to make such regulations, and Civil Aviation Order 20.16.3 (CAO 20.16.3) specifies that aircraft carrying between 37 and 216 passengers must have a cabin attendant for each group of 36 passengers or part thereof. This regulation has not been updated since 1960, and CASA's recent recommendation to adopt the Federal Aviation Administration of the United States and the European Aviation Safety Agency certification standards has led to this new direction.
The direction issued under this regulation allows Sunstate Airlines (Qld) Pty Limited to operate DHC 8-400 type aircraft with only 2 cabin attendants. This decision was made after careful consideration of the risks associated with the change and an assessment of the operator’s risk management procedures. CASA has concluded that Sunstate Airlines has effectively addressed these risks and that passengers seated in self-help exit rows are sufficiently aware and capable, ensuring a full evacuation within 90 seconds, which aligns with Transport Canada’s guidelines.
Under the Legislative Instruments Act 2003 (LIA), the direction issued by CASA is considered a disallowable instrument, as it affects the operation of subparagraph 6.1(a) of CAO 20.16.3. Consequently, it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. The consultation process, as required by section 17 of the LIA, was completed with internal consultations within CASA and discussions with the operator, culminating in an exchange of documents outlining agreements and undertakings.
The direction comes into effect on 1 April 2009 and ceases to have effect at the end of 11 March 2011. CASA issued the direction under subregulation 7(1) of the Civil Aviation Regulations 1988. This legislative instrument, numbered CASA 145/09, reflects CASA’s commitment to ensuring air safety while accommodating changes in operational practices.