Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (National Jet Systems)
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. Paragraph 6.1 of Civil Aviation Order (CAO) 20.16.3 was made under regulation 208 of CAR 1988 and provides, in subparagraph (b), 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 direction will allow National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services (the operator), to operate Boeing 717 type aircraft with not less than 3 cabin attendants in both regular public transport, and charter, operations. This contrasts with the 4 cabin attendants it would have to provide under subparagraph 6.1 (b) of CAO 20.16.3 if the aeroplane carried more than 108 passengers up to its maximum seating capacity of 125. The direction is based on the Federal Aviation Administration of the United States of America (FAA) approved manufacturer’s evacuation certification for the Boeing 717 aircraft which allows operations with 3 cabin attendants.
CASA considers that the operator has addressed the risks associated with the proposed change and in particular has:
- provided an adequate safety risk management plan
- planned satisfactory processes and procedures in support of the use of 3 cabin attendants
- provided an effective demonstration of emergency evacuation procedures in support of the safety risk management plan
- demonstrated a process for continuing cabin crew proficiency and supporting passenger capability in operating emergency exits in evacuation conditions.
CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds. This is an FAA and European Aviation Safety Agency safety standard.
When the operator considers that there are less than 8 able-bodied passengers on board, which may occur when the aircraft is carrying less than its full complement of passengers, they must occupy the emergency exit rows in the sequence set out in the conditions. This ensures that they are occupied in accordance with the aircraft’s weight and balance loading requirements.
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.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
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 amendments of the Regulations to avoid the need for individual directions and set a suitable standard for cabin crew numbers is continuing.
Consultation
Consultation has taken place on the increase in the number of passengers to cabin attendants in relation to many instruments applying the same ratio. CASA is satisfied that it can safely continue to issue directions under regulation 208 on the basis of the criteria previously mentioned in the statement.
This instrument itself renews instrument CASA 364/12. The operator applied for the renewal of this instrument.
Making and commencement
The exemption 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 stops having effect at the end of 31 July 2014, as if it had been repealed by another instrument.
[Instrument number CASA 170/13]
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 (National Jet Systems)
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 directs National Jet Systems Pty Ltd to operate an Australian registered Boeing 717 series aircraft with not less than 3 cabin attendants.
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