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. Paragraph 6.1 of Civil Aviation Order 20.16.3 (CAO 20.16.3) was made under regulation 208 of CAR 1988 and provides, in subparagraph (b), 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 thereof.
The direction will allow National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services (the operator), to operate Boeing 717 type aircraft with not less than 3 cabin attendants in both regular public transport, and charter, operations. This contrasts with the 4 cabin attendants it would have to provide under subparagraph 6.1 (b) of CAO 20.16.3 if the aeroplane carried more than 108 passengers up to its maximum seating capacity of 115. The direction is based on the Federal Aviation Administration of the United States of America (FAA) approved manufacturer’s evacuation certification for the Boeing 717 aircraft, which allows operations with 3 cabin attendants.
CASA considers that the operator has addressed the risks associated with the proposed change and in particular has:
- provided an adequate safety risk management plan
- planned satisfactory processes and procedures in support of a maximum 1:38 ratio for cabin crew to passengers (3 cabin attendants is also the minimum number to be carried)
- provided an effective demonstration of emergency evacuation procedures in support of the safety risk management plan
- demonstrated a process for continuing cabin crew proficiency and supporting passenger capability in operating emergency exits in evacuation conditions.
CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds. This is an FAA and European Aviation Safety Agency safety standard.
When the operator considers that there are less than 8 able-bodied passengers on board, which may occur when the aircraft is carrying less than its full complement of passengers, they must occupy the emergency exit rows in the sequence set out in the conditions. This ensures that they are occupied in accordance with the aircraft’s weight and balance loading requirements.
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 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
For section 17 of the LIA, CASA has consulted with the operator. The operator has satisfactorily demonstrated that the use of 3 cabin attendants meets internationally accepted safety standards. CASA has previously issued several directions for the purpose of increasing the ratio of passengers to cabin attendants. These instruments have been the subject of comment by the Senate Standing Committee for Regulations and Ordinances. As agreed with the Committee, CASA is to amend CAO 20.16.3, bringing its provisions into line with international practice by allowing CASA to approve cabin crew ratios greater than 1:36, subject to an airline operator presenting a safety case satisfactory to CASA. A draft Order prepared for that purpose is currently out for consultation.
The instrument commences on the day after it is registered and stops having effect at the end of 31 July 2012.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 271/10]
Overview
The Civil Aviation Regulations 1988, as amended, provide a framework for the regulation of civil aviation in Australia, including the safety standards for operating crews on aircraft. This legislation was enacted to ensure the safety of air navigation by setting out specific requirements for crew numbers on commercial aircraft. The Civil Aviation Act 1988 authorises the Governor-General to make regulations for the Act, and the Civil Aviation Regulations 1988 were made under this authority. The policy objective is to maintain high safety standards in the aviation industry, ensuring that all operations meet rigorous safety requirements. In this context, the Civil Aviation (Operating Crew) Direction 2010, issued under the authority of the Civil Aviation Regulations 1988, allows National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia, to operate Boeing 717 aircraft with a reduced number of cabin attendants, provided that specific safety conditions are met. This direction was made in recognition of the Federal Aviation Administration’s approved evacuation certification for the Boeing 717, which allows for operations with fewer cabin attendants while still meeting international safety standards.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the direction issued under subsection 98(1) of the Civil Aviation Act 1988, pertain specifically to the number of cabin attendants required on aircraft operated by National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services. This legislation applies to the operations of Boeing 717 type aircraft in both regular public transport and charter services, with the primary aim of ensuring the safety of air navigation. The direction allows the operator to employ not less than three cabin attendants, which is a deviation from the standard requirement under subparagraph 6.1(b) of Civil Aviation Order 20.16.3, where a higher number of cabin attendants is mandated for aircraft carrying more than 108 passengers. This change is underpinned by the Federal Aviation Administration's approved manufacturer's evacuation certification for the Boeing 717 aircraft. The legislation also includes specific provisions for when fewer than eight able-bodied passengers are on board, ensuring that emergency exit rows are occupied according to the aircraft’s weight and balance loading requirements. The direction is subject to disallowance under the Legislative Instruments Act 2003 and has been issued following consultation with the operator, who demonstrated compliance with internationally accepted safety standards.
Key Provisions
The main operative sections of this legislation pertain to the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Order 20.16.3 (CAO 20.16.3). Subsection 98(1) of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, including safety of air navigation. Regulation 208 of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding operating crew requirements for aircraft safety. Specifically, subparagraph 6.1(b) of CAO 20.16.3, created under regulation 208 of CAR 1988, mandates 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 thereof. The new direction, however, permits National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services, to operate Boeing 717 aircraft with a minimum of 3 cabin attendants for both regular public transport and charter operations, as long as the aircraft is not fully occupied.
The obligations imposed by this legislation on the parties involved are stringent and safety-focused. The operator must ensure that they have an adequate safety risk management plan in place, with planned processes and procedures supporting the maximum 1:38 ratio of cabin crew to passengers. They must also demonstrate effective emergency evacuation procedures and ensure that cabin crew proficiency and passenger capability in operating emergency exits are maintained. Furthermore, when fewer than 8 able-bodied passengers are on board, they must ensure these passengers occupy specific emergency exit rows to comply with the aircraft’s weight and balance requirements.
Failure to comply with these provisions can lead to serious consequences. Under the Legislative Instruments Act 2003 (LIA), the instrument is a disallowable instrument, subject to tabling and disallowance in the Parliament. Additionally, breaches of the safety regulations could result in CASA taking enforcement action, potentially leading to penalties or other civil or criminal consequences. The maximum penalties for such breaches are not explicitly stated in the provided text, but they could include fines, suspension or revocation of operating permits, or other regulatory sanctions as deemed necessary by CASA.
In summary, this legislation provides a specific direction for Cobham Aviation Services Australia to operate with fewer cabin attendants than previously required, subject to strict safety conditions. The operator must adhere to rigorous safety protocols and demonstrate that the reduced number of cabin attendants will not compromise passenger safety. Non-compliance with these requirements could result in significant regulatory action, including disallowance of the instrument or penalties under the Civil Aviation Act 1988 and related regulations.