Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants
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. Subsection 7 and subparagraph 6.1 (b) of Civil Aviation Order 20.16.3 (CAO 20.16.3) were made under regulation 208 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 49 year gap since a reassessment of cabin attendant numbers against a criterion of allowable seating rather than passenger numbers. CASA in a report Review of policies and practices for first-of-type certification of imported aircraft recommended the recognition of the Federal Aviation Administration of the United States of America (the FAA) certification standards. The recommendation was adopted.
The Boeing 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.
Safety improvements in redesign of the “Self-Help” Type III overwing exits by the aircraft manufacturer, Boeing, and safety recommendations from Cranfield University on briefing passengers seated in overwing exit row seating are cause to reassess the emergency evacuation procedures in conjunction with the aircraft certification requirements of the FAA. This seating is referred to as self-help exit rows. Virgin Blue Airlines Pty Limited (the operator) has incorporated procedures for the briefing of passengers seated at self-help exit rows as part of the pre-departure passenger safety briefing, taking into account the conclusions of the Cranfield University research. The operator has incorporated prewarned emergency briefings for passengers seated in Type I and III exit rows based on the verbal briefing criteria specified in the Cranfield University research. The revised briefings are acceptable to CASA and are seen as a safety enhancement.
CASA is satisfied the evacuation of a full complement of passengers for the Boeing 737-800 is able to be achieved in a time of 90 seconds. CASA is satisfied that the evacuation procedures adopted by the operator to support their application to operate with the certification criterion of 4 cabin attendants have been demonstrated successfully. The maximum permitted time of 90 seconds is set out as a condition in Schedule 1 of the instrument. CASA does not consider that safety would be compromised if a Boeing 737-800 carried cabin attendants during operations with a complement of 1 cabin attendant to each 50 seats, or part of that number, fitted to the aircraft.
The instrument also contains revised conditions which 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, as well as the requirement that the evacuation must be completed in not more than 90 seconds.
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 had been undertaken in the issue of previous instruments with other operators. The operator was also consulted. The consultation process with the operator was brought to a conclusion with CASA and the operator signing a document outlining agreements and undertakings. The proposed change was also referred to the Office of Transport Security which expressed no concerns. This instrument renews instrument CASA 321/06 which ceases to have effect at the end of June 2009.
The instrument commences on 1 July 2009 and stops having effect at the end of June 2011.
The direction has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 251/09]
Overview
The Civil Aviation Regulations 1988 were enacted to establish comprehensive regulations for civil aviation in Australia, ensuring safety and compliance with international standards. The 2009 amendment, F2009L02275, addressed a longstanding issue concerning the number of cabin attendants required on aircraft carrying more than 36 but not more than 216 passengers. The amendment aimed to modernise the criteria for cabin attendant numbers, reflecting advancements in aircraft design and safety procedures. This change was enacted by the Australian Government through the Civil Aviation Safety Authority (CASA) and is intended to align Australian standards with international best practices, particularly those of the Federal Aviation Administration (FAA). The policy objective was to enhance passenger safety by ensuring adequate cabin crew during evacuations, taking into account new safety research and aircraft design improvements.
Scope and Application
The Civil Aviation Regulations 1988 Direction concerning the number of cabin attendants applies to aircraft operators, specifically those operating Boeing 737-800 aircraft in Australia. This regulation was created to ensure the safety of air navigation in accordance with the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act, and specifically under regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988). This direction modifies the existing requirements under Civil Aviation Order 20.16.3 (CAO 20.16.3) by allowing for one cabin attendant per 50 passenger seats, or part of that number, on Boeing 737-800 aircraft, which represents a change from the previous requirement of one cabin attendant for each unit of 36 passengers. The changes are in response to safety improvements in aircraft design and recommendations from Cranfield University, and have been accepted by the Civil Aviation Safety Authority (CASA) as a safety enhancement. This direction applies nationally and is subject to disallowance under the Legislative Instruments Act 2003. The instrument is effective from 1 July 2009 until the end of June 2011 and has been issued by a delegate of CASA under subregulation 7(1) of CAR 1988.
Key Provisions
The key operative sections of this legislation are subsection 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act to ensure the safety of air navigation, and regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), which empowers the Civil Aviation Safety Authority (CASA) to give directions regarding the operating crew required on aircraft. Specifically, subparagraph 6.1(b) of Civil Aviation Order 20.16.3 (CAO 20.16.3) stipulates 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. This regulation has been updated to reflect modern safety standards and the recognition of Federal Aviation Administration (FAA) certification standards.
The Act imposes several obligations and requirements on the parties it governs. Operators of Boeing 737-800 aircraft must ensure that they have the appropriate number of cabin attendants based on the seating configuration of the aircraft. This means that for each unit of 50 seats, or part of that number, the aircraft must carry one cabin attendant. Additionally, operators must follow the safety procedures specific to their operations, which must be evaluated and approved by CASA. These procedures include the briefing of passengers seated in self-help exit rows, as recommended by Cranfield University. Such briefings must be incorporated into the pre-departure safety briefing and be in accordance with CASA's approved methods and the operator’s operations manual.
Failure to comply with the requirements set out in this legislation may result in various civil or criminal consequences. While specific penalties are not detailed in the explanatory statement, non-compliance with CASA's regulations and directions can typically lead to enforcement actions, including fines, operational restrictions, or even the suspension of the operator's licence. The maximum penalties for aviation-related offences can vary significantly depending on the nature and severity of the breach, but they can include substantial fines and imprisonment. CASA is empowered to take appropriate action to ensure compliance with safety standards and to protect the public from unsafe aviation practices.
CASA has determined that the safety of passengers can be adequately maintained even with a reduced number of cabin attendants, provided that specific safety procedures are followed. The authority is satisfied that the evacuation of a full complement of passengers from a Boeing 737-800 can be achieved within 90 seconds, even with a cabin attendant to every 50 seats. This decision is based on a comprehensive review of safety procedures and the successful demonstration by the operator. The legislative instrument, which includes these conditions, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The instrument, CASA 251/09, was issued in consultation with relevant parties, including the operator and the Office of Transport Security, and it renews a previous instrument, CASA 321/06, which expires at the end of June 2009. This new instrument will be in effect from 1 July 2009 until the end of June 2011.