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 115. 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 a maximum 1:38 ratio for cabin crew to passengers (3 cabin attendants is also the minimum number to be carried)
- 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.
Consultation
The operator has applied for this instrument. This instrument replaces instrument CASA 271/10 which had an expiry date of 31 July 2012. 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.
Human rights implications
The instrument sets out a direction that serves as an alternative to compliance with the requirements of CAO 20.16.3 as described above. The instrument does not engage any of the applicable rights or freedoms.
Commencement and making
The instrument has been issued for a limited period. It commences on 1 August 2012 and stops having effect at the end of July 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 219/12]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, were amended through F2012L01591 to address the specific needs of National Jet Systems, trading as Cobham Aviation Services Australia – Airline Services, concerning the number of cabin attendants required for their Boeing 717 aircraft. This legislation was enacted by the Civil Aviation Safety Authority (CASA) and seeks to align with international safety standards, particularly those set by the Federal Aviation Administration of the United States of America (FAA). CASA's decision to allow the operation with fewer cabin attendants was based on the manufacturer’s evacuation certification and a demonstrated safety risk management plan, ensuring that passenger evacuation could be achieved within the internationally recognised 90-second standard. This direction, which is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, will remain in effect until the end of July 2013, after which further amendments may be considered to avoid the need for individual directions.
Scope and Application
The Civil Aviation Regulations 1988 Direction, issued under subsection 98(1) of the Civil Aviation Act 1988, pertains to the regulation of cabin attendants for National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services. This direction applies specifically to the operation of Boeing 717 aircraft in both regular public transport and charter services, permitting the carriage of a minimum of three cabin attendants under certain conditions. This differs from the usual requirement of four attendants for aircraft carrying more than 108 passengers, as outlined in subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3. The directive is grounded in the Federal Aviation Administration (FAA) approved manufacturer’s evacuation certification for the Boeing 717, which permits operations with three cabin attendants, provided certain safety conditions are met. The Civil Aviation Safety Authority (CASA) has deemed that the operator has adequately addressed the safety risks associated with this change through a comprehensive safety risk management plan, satisfactory processes and procedures, and demonstrated proficiency in emergency evacuation procedures. Additionally, the direction includes provisions for the operator to ensure that when fewer than eight able-bodied passengers are on board, they occupy the emergency exit rows in a specified sequence, aligning with the aircraft’s weight and balance requirements. This direction, subject to the Legislative Instruments Act 2003, is a disallowable instrument and must be tabled and may be disallowed in Parliament. It replaces CASA 271/10 and is effective from 1 August 2012 until the end of July 2013.
Key Provisions
The main operative sections of this legislation are subsection 98(1) of the Civil Aviation Act 1988 (the Act), regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), and subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3. Subsection 98(1) of the Act allows the Governor-General to make regulations for the Act, focusing on the safety of air navigation. Regulation 208 of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on an aircraft, taking into account the safety of air navigation. Subparagraph 6.1(b) of CAO 20.16.3 specifies the number of cabin attendants required for aircraft carrying between 36 and 216 passengers. The direction issued under these provisions allows National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services, to operate Boeing 717 aircraft with not less than 3 cabin attendants, instead of the 4 required by subparagraph 6.1(b) of CAO 20.16.3 for aircraft carrying more than 108 passengers up to its maximum seating capacity of 115.
The Act imposes several obligations and requirements on the parties it governs. National Jet Systems Pty Ltd must provide an adequate safety risk management plan, outline satisfactory processes and procedures to support a maximum 1:38 ratio for cabin crew to passengers, demonstrate effective emergency evacuation procedures, and ensure continuing cabin crew proficiency. When the operator considers there are fewer than 8 able-bodied passengers on board, they must ensure these passengers occupy the emergency exit rows in a sequence that complies with the aircraft's weight and balance loading requirements. CASA, on the other hand, must ensure that the operator's proposed changes address the associated risks and that the evacuation of a full complement of passengers can be achieved within 90 seconds, in line with international safety standards.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breaching this direction. However, the legislation is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). If CASA issues a direction that affects the operation of a CAO, the later document is declared to be a disallowable instrument. The instrument is also subject to disallowance if it contravenes any legislation in force before the commencement of the LIA. The human rights implications of this direction are not significant, as it does not engage any of the applicable rights or freedoms.
The instrument has been issued for a limited period, commencing on 1 August 2012 and stopping having effect at the end of July 2013. The direction has been issued by a delegate of CASA under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998. The instrument replaces instrument CASA 271/10, which had an expiry date of 31 July 2012. This direction is similar to instruments issued to other operators that have been the subject of consultation within CASA and with other bodies.