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.
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.
The Embraer certification of the aircraft relates to the design of the floor plan, 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.
CASA does not consider that safety would be compromised if an Embraer 170/100 aircraft carried 2 cabin attendants to a maximum of 78 seats fitted to the aircraft. To ensure the safety of air navigation, the exemption is subject to the condition that during the aircraft take-off, landing operation and in prepared emergencies, a cabin attendant must be positioned in the crew seat adjacent the forward and aft entrance doors which serve as emergency exits.
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 instruments issued to another operator.
The instrument commences on the day after it is registered, and stops having effect at the end of 30 September 2009.
The direction has been issued by a delegate of CASA.
[Instrument number CASA 364/07]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate civil aviation safety in Australia, with the overarching aim of ensuring the safety of air navigation. A gap in the current regulations regarding the number of cabin attendants required on aircraft was identified, particularly concerning the outdated criteria based on passenger numbers rather than allowable seating. To address this, CASA issued a direction under the authority provided by the Civil Aviation Act 1988, specifically under regulation 208 of the Civil Aviation Regulations 1988. The policy objective of this direction is to maintain safety standards while adapting to modern seating configurations, such as those found in Embraer 170/100 aircraft, by requiring two cabin attendants for a maximum of 78 seats and ensuring their strategic positioning during critical phases of flight. This legislative instrument is subject to disallowance under the Legislative Instruments Act 2003, and it will cease to have effect by the end of 30 September 2009.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the Direction under section 98(1) of the Civil Aviation Act 1988, applies to aircraft operators in Australia who must adhere to the safety requirements for cabin crew. Specifically, this Act concerns aircraft with a seating capacity of more than 36 but not exceeding 216 passengers, stipulating that a cabin attendant must be present for each unit of 36 passengers or part of that. The regulation extends to the Embraer 170/100 aircraft model, which can carry a maximum of 78 seats with only two cabin attendants, provided that one attendant is positioned adjacent to the forward and aft entrance doors during take-off, landing, and in prepared emergencies. This regulation ensures that safety is maintained despite the reduced number of cabin attendants, as long as the specified conditions are met. The legislative instrument is subject to the provisions of the Legislative Instruments Act 2003, which mandates its tabling and disallowance in Parliament, and it remains in effect until the end of 30 September 2009.
Key Provisions
The key provision of this legislation (F2007L03843) is found in the Civil Aviation Regulations 1988 (CAR 1988), specifically regulation 208, which empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on an aircraft. This is done to ensure the safety of air navigation. The relevant provision in the Civil Aviation Order (CAO) 20.16.3, specifically subparagraph 6.1(a), 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 a part thereof. This regulation has been in effect since 1960 without significant changes, which led to the current reassessment of cabin attendant numbers based on allowable seating rather than passenger numbers.
Under this regulation, CASA has issued a direction (CASA 364/07) allowing Embraer 170/100 aircraft to carry two cabin attendants for a maximum of 78 seats. This direction is subject to the condition that during take-off, landing, and in prepared emergencies, a cabin attendant must be positioned in the crew seat adjacent to the forward and aft entrance doors, which serve as emergency exits. This ensures that safety is not compromised, and evacuation procedures are maintained.
The legislation imposes several obligations on the parties governed by it. Firstly, aircraft operators must ensure compliance with the number of cabin attendants required by CAO 20.16.3, unless a CASA direction exempts them from this requirement. Secondly, operators must demonstrate and adhere to specific safety procedures tailored to their operations, which CASA evaluates to ensure they do not compromise safety. Thirdly, operators must ensure that during critical phases of flight and emergencies, cabin attendants are properly positioned as per the CASA direction.
Failure to comply with the provisions of this legislation may result in civil or criminal consequences. Under the Legislative Instruments Act 2003, the instrument is subject to tabling and disallowance in the Parliament. The instrument is also a disallowable instrument under the Civil Aviation Act 1988, which means that if CASA issues a direction affecting the operation of a Civil Aviation Order, it must be declared and can be disallowed by Parliament. Non-compliance could lead to penalties as stipulated under the Civil Aviation Act, although specific maximum penalties are not detailed in the provided text.