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 (a) of Civil Aviation Order 20.16.3 (CAO 20.16.3) were made under regulation 208 of CAR 1988 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 number.
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 and the European Aviation Safety Agency certification standards. The recommendation was adopted.
The direction is a renewal of a former direction CASA 90/11 which expires at the end of 31 September 2011. The direction will allow Sunstate Airlines (Qld) Pty Limited (the operator) to operate the DHC 8-400 type aircraft with 2 cabin attendants. The operator has addressed the risks associated with the proposed change to procedures. The operator has also increased passenger awareness and capability for passengers seated at self-help exit rows in a manner equivalent or better than that achieved when the DHC 8-400 type satisfied the requirements of Transport Canada. CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds, within the Transport Canada guidelines for certification demonstrations.
The question of cabin attendant ratios under CAO 20.16.3 is subject to ongoing discussion and the current instrument will only be in force up to the end of 31 September 2011. Instruments of this type are being issued for limited periods only. It is hoped that there will be a resolution of the issues involved, making the issue of individual directions to operators unnecessary.
The direction has been altered to refer to charter operations as well as to regular public transport operations. It also contains a new condition requiring a copy of this direction to be included in the operator’s operations manual.
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 both within CASA and with the operator on the proposal. The consultation process was brought to a conclusion with CASA and the operator exchanging documents outlining agreements and undertakings.
The instrument commences on 1 July 2011 and stops having effect at the end of 30 September 2011.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 297/11]
Overview
The Civil Aviation Regulations 1988, as amended, provide the framework for ensuring the safety and efficiency of air navigation in Australia. One such amendment, F2011L01345, was introduced to address the outdated cabin attendant requirements for certain aircraft. Enacted under the authority of the Civil Aviation Act 1988, this legislation was brought forth by the Civil Aviation Safety Authority (CASA) to update and rectify a 49-year-old gap in the regulation of cabin crew numbers. The policy objective behind this direction is to align Australian standards more closely with international benchmarks, specifically those of the Federal Aviation Administration of the United States and the European Aviation Safety Agency, while ensuring the safety and efficiency of aircraft operations. This measure specifically targets the operation of the DHC 8-400 type aircraft by Sunstate Airlines (Qld) Pty Limited, allowing for the carriage of two cabin attendants instead of the previously required number based on passenger seating. The direction also extends to charter operations and mandates the inclusion of this directive in the operator’s operations manual, reflecting CASA's commitment to safety and ongoing dialogue regarding cabin attendant ratios.
Scope and Application
The Civil Aviation Regulations 1988, as amended, establish the framework for ensuring the safety and efficiency of civil aviation in Australia. Regulation 208, in particular, empowers the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew required on aircraft, directly addressing the safety of air navigation. Under this regulation, Civil Aviation Order 20.16.3 was enacted, specifying that aircraft carrying more than 36 but not more than 216 passengers must maintain a cabin attendant for each unit of 36 passengers or part of that number. This directive applies to all operators of commercial passenger aircraft within Australia, encompassing both scheduled and charter services, ensuring that safety standards are uniformly adhered to across the industry. While the current regulation has remained unchanged since 1960, CASA has recently recommended adopting international certification standards from the Federal Aviation Administration and the European Aviation Safety Agency, leading to temporary directions that may vary from the standard requirements, such as the one allowing Sunstate Airlines to operate with fewer cabin attendants under specific conditions. These directions, while in effect, are subject to ongoing review and are intended to be temporary until a permanent resolution is reached.
Key Provisions
The main operative sections of this piece of legislation pertain to the Civil Aviation Regulations 1988 and Civil Aviation Order 20.16.3, which were amended to allow Sunstate Airlines (Qld) Pty Limited to operate DHC 8-400 type aircraft with only two cabin attendants, instead of the usual ratio of one attendant per 36 passengers or part of that number (subsection 98(1) of the Civil Aviation Act 1988; CAO 20.16.3, subparagraph 6.1(a)). This change was based on CASA's assessment that the operator has addressed the risks associated with the proposed change to procedures, and that the evacuation of a full complement of passengers could be achieved within 90 seconds, within the Transport Canada guidelines for certification demonstrations. The direction also extends to charter operations and requires a copy of the direction to be included in the operator's operations manual.
This Act imposes several obligations on Sunstate Airlines (Qld) Pty Limited, the primary entity governed by this legislation. Firstly, the airline must ensure that its DHC 8-400 type aircraft are operated in accordance with the specific cabin attendant ratios outlined in the direction. This means that, despite the reduced number of cabin attendants, the airline must maintain the safety standards set forth by CASA and ensure that the evacuation of passengers can still be completed within the stipulated time frame. Additionally, Sunstate Airlines (Qld) Pty Limited is required to include a copy of the direction in its operations manual, ensuring that all relevant personnel are aware of and adhere to the updated procedures.
Should Sunstate Airlines (Qld) Pty Limited fail to comply with the provisions of this Act, it may be subject to various penalties and consequences. Firstly, the airline could face civil or criminal liability for non-compliance, which may include fines or imprisonment depending on the severity of the breach. Furthermore, the direction is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. If the Parliament chooses to disallow the direction, it would cease to have effect and the airline would be required to revert to the standard cabin attendant ratios outlined in CAO 20.16.3. Additionally, the airline may face reputational damage and loss of consumer confidence if it is found to be operating in breach of the legislation, which could have long-term financial consequences.