Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (Eastern Australia Airlines)
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 shall 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, 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 (the FAA) and the European Aviation Safety Agency certification standards. The recommendation was adopted.
The direction will allow Eastern Australia Airlines Pty Limited (the operator) to operate Australian registered Dash 8-300 aircraft if there is 1 cabin attendant for every 50 passenger seats or part of that number. The safety case submitted by the operator to CASA identifies the importance of able-bodied persons (ABPs) as a resource in the event of an inflight emergency. The operator has demonstrated experience in appropriate enablement of ABPs since the Dash 8-200 36 seat aircraft operates with 1 cabin attendant and utilises ABPs to assist in emergency situations. The instrument is similar to an instrument issued to another operator permitting it to operate Australian registered Dash 8-400 aircraft if there is 1 cabin attendant for every 50 passenger seats or part of that number.
The operator has provided CASA with a letter from the Dash 8-300 type aircraft manufacturer, Bombardier, which refers to the demonstration of an emergency evacuation test of 50 passengers with 1 cabin attendant. This was completed in 78 seconds and was witnessed by representatives of Transport Canada and the FAA. Accordingly, 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. A partial evacuation test was conducted in the presence of CASA on 3 October 2015 to provide evidence of the suitability of the briefing given to the ABPs and the subsequent operation of the underwing emergency exits by the ABPs in accordance with the briefings. This was completed successfully and within the prescribed time.
The question of cabin attendant ratios under CAO 20.16.3 is subject to ongoing discussion and the current instrument will only be in force up to the end of November 2016. Instruments of this type are being issued for limited periods only. It is hoped that there will be a resolution of the issues involved, making the issue of individual directions to operators unnecessary.
Legislative Instruments Act 2003 (the LIA)
Under section 5 of the LIA, subject to sections 6, 7 and 9 of the LIA, a legislative instrument is an instrument in writing that is of a legislative character, and that is or was made in the exercise of a power delegated by the Parliament.
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
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.
The operator has requested this instrument. CASA consulted with the operator before issuing the instrument and CASA is satisfied that the operator has addressed the risks associated with the proposed change to procedures. The instrument is similar to instruments issued to other operators that have been the subject of consultation with other bodies. Consequently, CASA considers that no further consultation is necessary or appropriate.
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 the day of registration and expires at the end of November 2016, as if it had been repealed by another instrument.
[Instrument number CASA 169/15]
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 (Eastern Australia Airlines)
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 Eastern Australia Airlines Pty Limited (the operator) to operate Australian registered Dash 8-300 aircraft 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, in relevant circumstances, to operate those aircraft with fewer cabin attendants than would otherwise be required by Civil Aviation Order 20.16.3. The direction is subject to conditions, imposed in the interests of aviation safety, about 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