CASA 170/14 - Direction — number of cabin attendants (National Jet Systems)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01044 Not in force Legislative Instrument

Legislation content

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 renews instrument CASA 170/13. The operator applied for the renewal.

 

Making and commencement

The direction 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 1 August 2014. It expires at the end of July 2015, as if it had been repealed by another instrument.

 

[Instrument number CASA 170/14]

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. It deals with an operational matter and does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Regulations 1988, amended by F2014L01044, address the issue of cabin crew requirements for specific aircraft operations, particularly focusing on Boeing 717 aircraft operated by National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services. Enacted by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, this regulation allows the operator to employ fewer cabin attendants than the standard set forth in the Civil Aviation Order (CAO) 20.16.3, aligning with the Federal Aviation Administration's (FAA) approved manufacturer’s evacuation certification for the Boeing 717 aircraft. The policy objective is to ensure safety while considering international standards and practices, as demonstrated by CASA's satisfaction with the operator’s safety risk management plan, emergency evacuation procedures, and cabin crew proficiency. This legislative instrument aims to maintain high safety standards while providing flexibility in cabin crew requirements based on specific aircraft and operational contexts.

Scope and Application

This legislative instrument, CASA Direction number of cabin attendants (National Jet Systems), applies specifically to National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services, and their operations of Boeing 717 aircraft under the Civil Aviation Act 1988. The direction allows the operator to employ not less than three cabin attendants for both regular public transport and charter operations, which differs from the standard set out in subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3. This change is based on the Federal Aviation Administration of the United States of America approved manufacturer’s evacuation certification for the Boeing 717 aircraft. The Civil Aviation Safety Authority (CASA) has assessed that the operator has adequately managed the associated safety risks through a comprehensive safety risk management plan, satisfactory processes, effective emergency evacuation demonstrations, and ongoing cabin crew proficiency and passenger capability assessments. The direction is declared a disallowable instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The instrument commenced on 1 August 2014 and expires at the end of July 2015.

Key Provisions

The Civil Aviation Regulations 1988, as amended, include specific provisions regarding the number of cabin attendants required on aircraft. Section 98(1) of the Civil Aviation Act 1988 grants the Governor-General the power to create regulations for the Act, primarily to ensure the safety of air navigation. Regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988) further empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew on aircraft, taking into account safety considerations. Specifically, subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3, made under regulation 208, stipulates that aircraft carrying more than 36 but not more than 216 passengers must have a cabin attendant for each unit of 36 passengers or part of that number. This direction, however, allows National Jet Systems Pty Ltd to operate Boeing 717 aircraft with not less than 3 cabin attendants for both regular public transport and charter operations, differing from the 4 attendants required by subparagraph 6.1(b) of CAO 20.16.3 for aircraft carrying more than 108 passengers. The obligations imposed by this direction on National Jet Systems Pty Ltd include developing an adequate safety risk management plan, planning satisfactory processes and procedures to support the use of 3 cabin attendants, demonstrating effective emergency evacuation procedures, and maintaining a process for ensuring cabin crew proficiency and passenger capability in operating emergency exits. CASA requires the operator to ensure that a full evacuation can be achieved within 90 seconds, adhering to FAA and European Aviation Safety Agency standards. Additionally, when there are fewer than 8 able-bodied passengers on board, they must occupy specific emergency exit rows in a sequence that aligns with the aircraft's weight and balance requirements. Failure to comply with the provisions of this direction could result in various civil and criminal consequences. Under the Legislative Instruments Act 2003, this direction is considered a disallowable instrument and is thus subject to tabling and disallowance in Parliament. Any breach of the operational standards set forth could lead to CASA taking enforcement actions, including fines or other penalties as stipulated in relevant aviation safety regulations. The maximum penalties for non-compliance would depend on the specific breach and the severity of the violation, as outlined in the Civil Aviation Act 1988 and associated regulations. Furthermore, any failure to adhere to the safety standards could potentially result in legal action, affecting the operator’s license to operate. Overall, the direction mandates that National Jet Systems Pty Ltd operates Boeing 717 aircraft with a reduced number of cabin attendants, provided certain safety conditions are met. The operator must ensure compliance with the stipulated safety measures to avoid potential penalties and maintain air transport safety.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.