CASA 250/09 - Amendment of instrument CASA 206/09

Overview

The Civil Aviation Regulations 1988, amended by the CASA 206/09 instrument, was enacted to address the need for updated cabin attendant requirements on aircraft carrying between 36 and 216 passengers, a gap that had not been reassessed for nearly 50 years. This amendment responds to CASA's recognition of the Federal Aviation Administration of the United States of America and the European Aviation Safety Agency (EASA) certification standards, aligning Australian standards with international practices. The instrument was issued by CASA under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, and it operates to allow Jetstar Airways Pty Limited to operate Airbus A321-231 series aircraft with a reduced number of cabin attendants, while ensuring that safety standards are maintained. The policy objective is to modernise the cabin crew requirements in line with current safety practices and international benchmarks, ensuring passenger safety and efficient evacuation procedures. The instrument is subject to disallowance under the Legislative Instruments Act 2003 but does not require parliamentary consultation due to its minor nature, correcting a previous typographical error.

Scope and Application

The Civil Aviation Regulations 1988 Amendment of Instrument CASA 206/09 applies to Jetstar Airways Pty Limited in relation to the operation of Airbus A321-231 series aircraft. The amendment concerns the number of cabin attendants required on board for the safety of air navigation, specifically allowing Jetstar Airways to operate these aircraft with not less than 5 cabin attendants. This regulation aligns with international standards adopted from the Federal Aviation Administration of the United States of America and the European Aviation Safety Agency (EASA). The amendment also rectifies a typographical error from a previous instrument, ensuring that references to the aircraft are accurate. Geographically, this regulation applies within the jurisdiction of the Commonwealth of Australia, overseen by the Civil Aviation Safety Authority (CASA), and it amends the existing Civil Aviation Order 20.16.3. The instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, but no formal consultation was required due to the minor and technical nature of the amendment. The amendment is effective from the day of registration and will cease to have effect by 31 May 2011.

Key Provisions

The Civil Aviation Regulations 1988 Amendment of Instrument CASA 206/09 modifies existing regulations concerning the number of cabin attendants required on certain aircraft. Under section 208 of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) has the power to direct the number of operating crew members required on an aircraft for safety reasons. The amendment specifically addresses the cabin attendant requirements for Airbus A321-231 series aircraft operated by Jetstar Airways Pty Limited, allowing for a minimum of five cabin attendants regardless of the number of passengers carried, which differs from the previous requirement that cabin attendants be assigned based on seating capacity (subsection 7 and subparagraph 6.1(a) of Civil Aviation Order 20.16.3, CAO 20.16.3). This change is significant as it represents a shift from a 49-year-old criterion based on allowable seating rather than passenger numbers. The amendment imposes specific obligations on Jetstar Airways Pty Limited concerning the training and awareness of passengers seated in emergency exit rows. CASA has determined that the airline has adequately addressed the risks associated with this change and has ensured that passengers in these seats are as aware and capable of assisting in an emergency as they would be under the European Aviation Safety Agency (EASA) certification standards. Furthermore, CASA is satisfied that the full evacuation of passengers from the aircraft can be achieved within the 90-second guideline established by EASA, thereby maintaining the high safety standards expected in air travel. Failure to comply with the provisions of the Civil Aviation Regulations 1988 and the Civil Aviation Orders can result in both civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance can lead to significant fines and potential imprisonment. The exact penalties depend on the severity of the breach, with maximum penalties outlined in relevant sections of the Act. Additionally, CASA has the authority to impose administrative penalties, including fines, for breaches of the regulations. The severity of these penalties underscores the importance of adhering to the safety requirements established by CASA. This instrument, being a legislative instrument, is subject to certain parliamentary procedures under the Legislative Instruments Act 2003 (LIA). Specifically, it is a disallowable instrument as defined under subparagraph 6(d)(i) of the LIA and is subject to tabling and potential disallowance by Parliament under sections 38 and 42 of the LIA. The amendment is also effective from the date of registration and will cease to have effect by the end of 31 May 2011. The instrument has been issued by a delegate of CASA, as permitted under subregulation 7(1) of CAR 1988, ensuring that the changes are implemented in accordance with the legislative framework governing civil aviation in Australia.