Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants
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.
CAO 20.16.3 has remained in the same form since 1960 and as such represents a 47 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 (the FAA) certification standards. The recommendation was adopted by CASA. The ATR 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 procedures that are specific to the operator, which are evaluated, thus there is a subtle 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 have been made in regard to the mandatory seating and briefing of passengers seated at the “Self-Help” exits by CASA, in accordance with safety recommendations from Cranfield University.
CASA does not consider that safety would be compromised if an ATR 42-500 aircraft carried 1 cabin attendant to 50 seats fitted to the aircraft. To ensure the safety of air navigation, the exemption is subject to conditions. For example, only physically competent (able-bodied) persons may occupy seats in the emergency exit rows. During the aircraft take-off or landing operation and in prepared emergencies, each exit row must be occupied by a minimum of 2 physically competent (able-bodied) persons. All passengers seated in the emergency exit rows must receive, and respond to, a briefing on the opening of emergency exits and subsequent actions required in the event of an emergency.
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 (the 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 of the LIA has not been undertaken in this case because the instrument is similar to a previous instrument issued to another operator.
The direction has been issued by a delegate of CASA. It commences on 11 September 2007 and stops having effect at the end of 30 September 2008.
[Instrument number CASA 344/07]
Overview
The Civil Aviation Regulations 1988, enacted to govern air navigation safety, address the need for updated cabin crew requirements for aircraft with specific passenger capacities. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, with CASA issuing directions under regulation 208 to ensure safety. The longstanding regulation, CAO 20.16.3, established that aircraft with more than 36 and up to 216 passengers must carry a cabin attendant for each unit of 36 passengers or part of that. However, CASA's adoption of the FAA certification standards and recognition of ATR aircraft design led to a reassessment of cabin attendant numbers, proposing that an ATR 42-500 aircraft could safely carry one cabin attendant for every 50 seats. This exemption, contingent on conditions including physically competent persons occupying emergency exit rows and receiving safety briefings, was declared a disallowable instrument under the Legislative Instruments Act 2003 and subject to parliamentary disallowance. This direction, issued by a CASA delegate, commenced on 11 September 2007 and expired on 30 September 2008.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the Direction concerning the number of cabin attendants, applies to aircraft operators who fly ATR 42-500 aircraft in Australia. This regulation was issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation and reflects CASA's acceptance of the Federal Aviation Administration's certification standards for ATR 42-500 aircraft, which relates to the design of the floor plan and seating configuration in relation to the location of exits. CASA requires operators to demonstrate specific safety procedures evaluated by CASA, distinct from the aircraft design criteria, to ensure safety during emergency evacuations. CASA has determined that maintaining a ratio of one cabin attendant to every 50 seats on the ATR 42-500 aircraft does not compromise safety, subject to certain conditions. These include ensuring only physically competent persons occupy seats in the emergency exit rows, maintaining a minimum of two physically competent persons in each exit row during take-off, landing, or in case of emergencies, and providing passengers with briefings on emergency exits and subsequent actions. This direction is subject to disallowance under the Legislative Instruments Act 2003 and operates from 11 September 2007 to 30 September 2008.
Key Provisions
The Civil Aviation Regulations 1988, as amended by CASA through a direction under the Civil Aviation Act 1988, include specific provisions about the number of cabin attendants required on aircraft carrying between 37 and 216 passengers (section 98(1)). Under the amended regulation 208 of the Civil Aviation Regulations 1988, CASA now allows aircraft with a seating capacity between 37 and 216 passengers to carry one cabin attendant for every 50 seats, provided certain conditions are met to ensure the safety of air navigation. This is a change from the previous requirement of one cabin attendant for every 36 passengers or part of that number (CAO 20.16.3). The new direction also includes conditions for the seating of physically competent individuals in emergency exit rows and the briefing of such passengers on emergency procedures.
The obligations imposed by this direction on aircraft operators include ensuring that cabin attendants are present in the ratio of one per 50 seats, adhering to the seating requirements for physically competent individuals in emergency exit rows, and providing the necessary briefings to passengers seated in those rows. Operators must also ensure that during take-off, landing, and in prepared emergencies, a minimum of two physically competent individuals occupy each exit row. Furthermore, all cabin crew must be trained and capable of handling emergency situations, and operators need to maintain records demonstrating compliance with these safety requirements.
Failure to comply with the conditions outlined in this direction can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance can be considered an offence, leading to civil penalties. The maximum penalty for a serious breach can be substantial, reflecting the high priority placed on maintaining safety in air navigation. In addition, CASA has the authority to take enforcement actions, which may include fines or other sanctions against the operators who fail to meet the stipulated safety requirements. Criminal liability may also arise if the breach leads to a safety incident or if the operator knowingly or negligently disregards the mandatory safety provisions.