CASA 254/13 - Direction — number of cabin attendants (Sunstate Airlines)

Overview

The Civil Aviation Regulations 1988 were enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. A notable gap in this regulatory framework was the outdated requirement for cabin attendant ratios, which had not been reassessed since 1960. This outdated standard did not align with modern international safety practices, prompting the Civil Aviation Safety Authority (CASA) to recommend aligning with the certification standards of the Federal Aviation Administration of the United States of America and the European Aviation Safety Agency. In response to these recommendations, CASA issued a direction under the Civil Aviation Act 1988, allowing Sunstate Airlines (Qld) Pty Limited to operate Dash 8-400 aircraft with a cabin attendant for every 50 passenger seats, a change that CASA deemed safe and in line with international standards. The direction was subject to parliamentary scrutiny and was found to be compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011. This legislative instrument, CASA 254/13, was issued to address the specific operational needs of Sunstate Airlines while maintaining high safety standards and is set to expire at the end of May 2014, pending further regulatory updates.

Scope and Application

This legislative instrument, issued by the Civil Aviation Safety Authority (CASA), allows Sunstate Airlines (Qld) Pty Limited to operate Dash 8-400 aircraft with a cabin attendant for every 50 passenger seats or part of that number, provided there are at least 73 passengers on board. This direction is made under the Civil Aviation Act 1988 and Civil Aviation Regulations 1988, specifically addressing the number of cabin attendants required for safety of air navigation. The instrument applies to Sunstate Airlines and is intended to align with international safety standards and practices, particularly those of the Federal Aviation Administration of the United States of America and the European Aviation Safety Agency. The instrument replaces an earlier direction CASA 133/13 and is in effect until 31 May 2014, subject to parliamentary disallowance under the Legislative Instruments Act 2003. The instrument does not apply if there are less than 73 passengers on board, in which case the requirements of subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3 apply. CASA has assessed that the proposed change in cabin attendant numbers poses no safety risk, and the evacuation of a full complement of passengers can be achieved within 90 seconds, meeting Transport Canada guidelines. This legislative instrument has been subject to consultation and is compatible with human rights as it does not engage any of the applicable rights or freedoms, as stated in the attached Statement of Compatibility with Human Rights. The instrument aims to provide a temporary solution while ongoing discussions and preparations for new regulations applicable to all air transport operators are conducted.

Key Provisions

The Civil Aviation Regulations 1988 provide the framework for air navigation safety in Australia, including provisions for the number of cabin attendants required on aircraft. Subsection 98(1) of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, and regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988) permits the Civil Aviation Safety Authority (CASA) to issue directions regarding operating crew requirements based on safety considerations. Subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3, which was established under regulation 208 of CAR 1988, mandates 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 of that number. This requirement has remained unchanged since 1960. The legislative instrument in question imposes specific obligations on Sunstate Airlines (Qld) Pty Limited, allowing them to operate Dash 8-400 type aircraft with 2 cabin attendants, provided there are at least 73 passengers on board. This directive follows CASA's recommendation to adopt Federal Aviation Administration (FAA) and European Aviation Safety Agency (EASA) certification standards, as outlined in the Review of policies and practices for first-of-type certification of imported aircraft report. Sunstate Airlines must ensure that the risks associated with the change are addressed and that passenger awareness and capability for those seated in self-help exit rows are maintained at levels equivalent to or better than those achieved under Transport Canada's guidelines. CASA must be satisfied that a full complement of passengers can be evacuated within 90 seconds, in line with Transport Canada's certification standards. There are potential consequences for non-compliance with this legislative instrument. The instrument is considered a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA) and is subject to tabling and disallowance in the Parliament, as per sections 38 and 42 of the LIA. Additionally, any breach of the operational standards set forth in this direction could result in regulatory action by CASA, potentially including fines or other enforcement measures. The maximum penalties for such breaches are not explicitly stated in the document but would be determined according to the relevant sections of the Civil Aviation Act 1988 and associated regulations. Consultation with the operator and internal CASA stakeholders has been undertaken, as required by section 17 of the LIA. The current instrument replaces CASA 133/13, which expires at the end of June 2014. This direction is intended to be temporary, with ongoing discussions aimed at resolving the issues regarding cabin attendant ratios and potentially rendering individual directions to operators unnecessary. The document is compatible with human rights, as detailed in the Statement of Compatibility with Human Rights, which confirms that the instrument does not engage any applicable rights or freedoms.