Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants for Airbus A320 and Fokker F100 aircraft
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 20.16.3 (CAO 20.16.3) was made under regulation 208 and provides, 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 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 52 year gap since a reassessment of cabin attendant numbers against a criterion of allowable seating rather than passenger numbers.
Certification of the aircraft relates to the design of the floor plan and the seating configuration in relation to the location of exits. CASA does not call for a re‑evaluation of the aircraft design; instead, CASA accepts the design criterion. CASA does require operators to demonstrate the safety procedures that are specific to the operator, which are evaluated, thus there is a distinction between the certification criterion and an operator‑imposed safety procedure which may, or may not, enhance the evacuation of the aircraft in an emergency evacuation. CASA has increased passenger awareness and capability for passengers seated at self-help exit rows in a manner equivalent to, or better than, that achieved when the Airbus A320 and the Fokker F100 satisfied the Joint Aviation Authorities (Europe), now European Aviation Safety Agency, standards.
CASA is satisfied that the evacuation of a full complement of passengers for the aircraft is able to be achieved in a time of 90 seconds. CASA is satisfied that the evacuation procedures adopted by Skywest Airlines (Australia) Pty Ltd (the operator) to support its application to operate with the certification criterion for the number of cabin attendants have been demonstrated successfully. For Airbus A320 aircraft, the certification criterion is 4 cabin attendants to a maximum of 162 passenger seats fitted to the aircraft. For Fokker F100 aircraft, the certification criterion is 2 cabin attendants to a maximum of 100 passenger seats fitted to the aircraft. The maximum permitted time of 90 seconds is set out as a condition in Schedule 1 of the instrument.
The other conditions include a requirement that the briefing of passengers in self-help exit rows must be as approved by CASA and in the manner set out in the operator’s operations manual.
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 Civil Aviation Order (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.
Compatibility with human rights and freedoms
This 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 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.
Consultation
The operator has applied for this instrument. This instrument replaces instrument CASA 512/11, which stops having effect at the end of June 2012. CASA consulted both internally and with the operator before issuing earlier instruments that had the same effect. The instrument is similar to instruments issued to other operators that have been the subject of consultation within CASA and with other bodies.
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 CAO amendments to avoid the need for individual directions and set a suitable standard for cabin crew numbers is also continuing.
Commencement and making
The instrument commences on 1 July 2012 and stops having effect at the end of June 2013.
The direction has been issued by a delegate of CASA under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 205/12]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, address gaps in the regulation of cabin crew requirements for specific aircraft types to ensure air navigation safety. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew necessary on aircraft, as stipulated in Subsection 98(1) of the Civil Aviation Act 1988. This particular regulation responds to the longstanding issue of outdated cabin crew requirements for Airbus A320 and Fokker F100 aircraft, which have remained unchanged since 1960. CASA has determined that updated evacuation procedures and passenger awareness measures now support a reduced number of cabin attendants while maintaining safety standards. The new direction mandates a specific number of cabin attendants based on the aircraft's seating configuration, ensuring an evacuation time of 90 seconds. This legislative instrument, declared under the Legislative Instruments Act 2003, is subject to disallowance by Parliament and is compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011. CASA consulted with the operator and other relevant bodies before issuing this direction, which commenced on 1 July 2012 and will cease at the end of June 2013.
Scope and Application
The Civil Aviation Regulations 1988, as amended, include provisions that govern the number of cabin attendants required for specific aircraft types, such as the Airbus A320 and Fokker F100. This regulation applies to the operators of these aircraft, ensuring that the safety of air navigation is upheld by setting specific crew requirements. The geographic scope of this regulation is national, affecting all operators within Australia. The Act extends its application through subordinate instruments, including the Civil Aviation Order 20.16.3, which provides further detail on the operational crew requirements. The regulation is subject to disallowance under the Legislative Instruments Act 2003 and has been determined to be compatible with human rights and freedoms. Consultations with relevant parties have been conducted to ensure the practicality and safety of the regulations. This direction, which came into effect on 1 July 2012, is set to expire at the end of June 2013, allowing for a temporary adjustment to cabin crew numbers while ongoing efforts are made to amend the Civil Aviation Orders to establish a consistent standard.
Key Provisions
The main operative sections of this piece of legislation are subsection 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act in the interests of air navigation safety, and regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), which allows the Civil Aviation Safety Authority (CASA) to provide directions on the operating crew required on an aircraft. Specifically, this legislation targets the number of cabin attendants required for Airbus A320 and Fokker F100 aircraft, which under subparagraph 6.1(b) of Civil Aviation Order 20.16.3 (CAO 20.16.3) must carry a cabin attendant for each unit of 36 passengers or part of that number for aircraft carrying more than 36 and not more than 216 passengers. However, under this legislation, for Airbus A320 aircraft, the certification criterion is four cabin attendants for a maximum of 162 passenger seats, and for Fokker F100 aircraft, it is two cabin attendants for a maximum of 100 passenger seats.
The obligations and requirements imposed by this Act include the certification of aircraft design and the seating configuration in relation to the location of exits. CASA does not call for a re-evaluation of the aircraft design but accepts the design criterion. However, operators must demonstrate the safety procedures specific to their operations, which are evaluated by CASA. Additionally, operators must ensure that the briefing of passengers in self-help exit rows is as approved by CASA and in the manner set out in the operator’s operations manual. This ensures that passengers seated at self-help exit rows have an equivalent, or better, awareness and capability for evacuation in an emergency, compared to when the Airbus A320 and the Fokker F100 satisfied the Joint Aviation Authorities (Europe), now European Aviation Safety Agency, standards.
The legislation also outlines the consequences for breach, although specific penalties are not mentioned in the text. Given that this is a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Additionally, this 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, as it does not raise any human rights issues and does not engage any of the applicable rights or freedoms. This direction provides for the operator to meet a new standard for cabin crew numbers, which is considered to be a standard consistent with international safety standards and practice.