Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants
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. Subsection 7 and subparagraph 6.1 (a) of Civil Aviation Order 20.16.3 (CAO 20.16.3) were made under regulation 208 of CAR 1988 and provide, 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.
CAO 20.16.3 has remained in the same form since 1960 and as such represents a 47 year gap since a reassessment of cabin attendant numbers against a criterion of allowable seating rather than passenger numbers.
CASA recognises the French Republic as a country whose regulations are recognised for aircraft type acceptance. The Airbus 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 procedures that are specific to the operator, which are evaluated, thus there is a subtle 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.
The direction will allow Jetstar Airways Pty Limited (Jetstar) to operate the A320 aircraft with 4 cabin attendants. Jetstar has addressed the risks associated with the proposed change to procedures. Jetstar has also 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 A320 satisfied the requirements of the Joint Aviation Authorities (Europe). CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds, following the DGAC guidelines for certification demonstrations.
To ensure the safety of air navigation, the exemption is subject to conditions. For example, only physically competent (able-bodied) persons may occupy seats in the overwing emergency exit rows. During the aircraft take-off, landing operation and in prepared emergencies, each overwing exit row must be occupied by a minimum of 2 physically competent (able-bodied) persons. All passengers seated in the overwing emergency exit rows must receive and respond to a briefing on the opening of overwing emergency exits and subsequent actions required in the event of an emergency.
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 (a) 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 has not been undertaken in this case because the instrument is similar to a previous instruments issued to another operator.
The direction has been issued by a delegate of CASA. It commences on the day after it is registered and stops having effect at the end of 30 September 2009.
[Instrument number CASA 222/07]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation, as provided by Subsection 98(1) of the Civil Aviation Act 1988. These regulations allow the Governor-General to make rules for the Act, and under regulation 208 of CAR 1988, the Civil Aviation Safety Authority (CASA) is authorised to issue directions regarding the operating crew required on an aircraft, taking into account safety concerns. An existing regulation, CAO 20.16.3, has been in place since 1960, stipulating that aircraft carrying between 37 and 216 passengers must have a cabin attendant for each unit of 36 passengers or part thereof. CASA has recognised the need to reassess this regulation, addressing a 47-year gap in evaluating cabin attendant numbers based on allowable seating rather than passenger numbers. This direction, issued under the authority granted by the Civil Aviation Act 1988, aims to align cabin attendant requirements with modern safety standards while allowing Jetstar Airways to operate their A320 aircraft with four cabin attendants, provided specific safety conditions are met.
Scope and Application
The Civil Aviation Regulations 1988, through Direction number of cabin attendants, apply to Jetstar Airways Pty Limited, specifically for the operation of A320 aircraft, focusing on the safety of air navigation as outlined in the Civil Aviation Act 1988. The regulation mandates that aircraft carrying more than 36 but not more than 216 passengers must carry a cabin attendant for each unit of 36 passengers or part of that, as stipulated in Civil Aviation Order 20.16.3. This directive allows Jetstar to operate its A320 aircraft with four cabin attendants instead of the usual five, provided that specific conditions are met to ensure safety, such as seating only physically competent persons in emergency exit rows and ensuring these passengers receive appropriate briefings. The exemption is confined to Jetstar and the A320 aircraft and is subject to disallowance under the Legislative Instruments Act 2003, requiring tabling and disallowance in Parliament if necessary. The direction came into effect on the day after its registration and ceased on 30 September 2009.
Key Provisions
The primary operative sections of this legislation, specifically the Civil Aviation Regulations 1988, detail the requirements for cabin attendants on aircraft (Subsection 98(1) of the Civil Aviation Act 1988, Regulation 208 of the Civil Aviation Regulations 1988, and CAO 20.16.3), and allow the Civil Aviation Safety Authority (CASA) to give directions regarding the operating crew needed for the safety of air navigation. CAO 20.16.3, which has remained unchanged since 1960, 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 thereof (Subparagraph 6.1(a) of CAO 20.16.3). The new direction, however, allows Jetstar Airways Pty Limited to operate the A320 aircraft with four cabin attendants, provided certain conditions are met.
These conditions include the requirement that only physically competent (able-bodied) persons occupy seats in the overwing emergency exit rows. During critical phases of flight and in emergencies, each overwing exit row must be occupied by at least two physically competent individuals. All passengers seated in these rows must receive and respond to a briefing on the opening of overwing emergency exits and subsequent actions in an emergency. Additionally, Jetstar must ensure procedures are in place to address the risks associated with the change and that passengers seated in self-help exit rows are sufficiently aware and capable of assisting in an evacuation, as per DGAC guidelines.
Under the Legislative Instruments Act 2003, the new direction is a legislative instrument because it affects the operation of a Civil Aviation Order (CAO 20.16.3). As such, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA (Subparagraph 6(d)(i) of the LIA and Regulation 5A of the CAR 1988). The instrument is also subject to disallowance if the Parliament so decides.
In terms of obligations and requirements, Jetstar must adhere to the conditions set forth by CASA. These conditions include ensuring that physically competent individuals occupy the emergency exit rows during critical flight phases and emergencies, and that all such passengers receive and respond to emergency exit briefings. Jetstar must also demonstrate that the aircraft can be evacuated within 90 seconds, as per DGAC guidelines. Failure to comply with these conditions could result in serious safety implications.
There are no specific offences, penalties, or consequences stated for breaching these conditions within the text. However, non-compliance with Civil Aviation Regulations and Orders, which are fundamental to ensuring the safety of air navigation, could lead to enforcement actions by CASA. These actions may include fines, suspension or revocation of operational licenses, or other regulatory sanctions. The severity of these penalties would depend on the nature and extent of the breach, as well as the associated risks to safety.