Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants for Fokker F70 and Fokker F100 aircraft (Alliance Airlines)
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 Australian aircraft having regard to the safety of air navigation. In the absence of such a direction, the operator must ensure that the minimum operating crew of the aircraft is not less than that specified in the certificate of airworthiness of, or the flight manual for, the aircraft.
Subparagraph 6.1 (b) of Civil Aviation Order (CAO) 20.16.3 was made under regulation 208 of CAR 1988 and provides 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.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Instrument
The requirements in subparagraph 6.1 (b) of CAO 20.16.3 have remained in the same form since 1960 and as such represent a 54 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 and the European Aviation Safety Agency (EASA) certification standards. The recommendation was adopted.
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. CASA has 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 Fokker F28 MK 0100 and Fokker F28 MK 0070 satisfied the Joint Aviation Authorities (Europe), now EASA, standards.
CASA is satisfied that the evacuation of a full complement of passengers for the aircraft is able to be achieved in a time of 90 seconds. CASA is also satisfied that the evacuation procedures adopted by Alliance Airlines Pty Limited (the operator) to support its application to operate with the certification criterion for the number of cabin attendants have been demonstrated successfully. For Fokker F28 MK 0100 aircraft, the certification criterion is 2 cabin attendants to a maximum of 100 passenger seats fitted to the aircraft. For Fokker F28 MK 0070 aircraft, the certification criterion is 2 cabin attendants to a maximum of 85 passenger seats fitted to the aircraft. The maximum permitted time of 90 seconds is set out as a condition in Schedule 1 of the instrument.
The other conditions 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.
The instrument repeals and replaces an earlier direction (CASA 184/14). At the request of the operator, a minor amendment has been made to increase the maximum seating capacity of Fokker F28 MK 0070 aircraft from 75 to 80 passengers, to accommodate the operator’s operational 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
Consultation under section 17 of the LIA was undertaken following the issue of the CASA report that recommended the recognition of the EASA certification standards in relation to setting the ratio of cabin attendants to passenger seats.
This instrument repeals instrument CASA 184/14 and reissues the direction with substantially similar content, with a minor amendment that increases the maximum seating capacity of the operator’s Fokker F28 MK 0070 aircraft from 75 to 80 passengers. CASA has conducted a risk assessment and considers that no further consultation is appropriate or necessary under section 17 of the LIA as the instrument applies only to aircraft operated by the operator.
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 standards with appropriate conditions is also continuing in conjunction with the preparation of new regulations applicable to all air transport operators.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The direction has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on the day of registration. It expires at the end of October 2015, as if it had been repealed by another instrument.
[Instrument number CASA 264/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Direction — number of cabin attendants for Fokker F70 and Fokker F100 aircraft (Alliance Airlines)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument directs that Alliance Airlines Pty Limited (the operator) may operate Australian registered Fokker F28 MK 0100 and Fokker F28 MK 0070 aircraft if they carry 1 cabin attendant for every 50 passenger seats or part of that number.
The legislative instrument repeals and replaces an earlier direction (CASA 184/13) to, in effect, extend the period of the direction until the end of October 2015 and increases the maximum seating capacity of the Fokker F28 MK 0070 aircraft from 75 to 80 passengers.
The primary purpose of the legislative instrument is to allow the aircraft to be operated by the operator without the number of cabin attendants specified in Civil Aviation Order 20.16.3. Use of the lower number of cabin attendants is subject to compliance with the stated conditions imposed in the interests of the safety of air navigation.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority