Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (National Jet Systems)
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 (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 of that number.
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 125. 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 the use of 3 cabin attendants
- 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 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
The operator has applied for this instrument. This instrument replaces instrument CASA 219/12. The instrument takes account of the increase in passenger carrying capacity from a maximum of 115 to a maximum of 125. The operator’s safety risk management plan has been reassessed and found to be adequate.
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 CAO amendments to avoid the need for individual directions and set a suitable standard for cabin crew numbers is also continuing.
Human rights implications
The instrument sets out a direction that serves as an alternative to compliance with the requirements of CAO 20.16.3 as described above. The instrument does not engage any of the applicable rights or freedoms. It contains directions on the number of cabin crew required for certain aircraft consequent on an approved increase in the passenger carrying capacity of that aircraft.
Commencement and making
The instrument has been issued for a limited period. It commences on the day after registration and stops having effect at the end of 31 July 2013.
The direction has been issued by a delegate of CASA under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 364/12]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate various aspects of civil aviation within Australia, primarily for the purposes of ensuring the safety of air navigation. This legislation is a part of a broader framework that allows the Civil Aviation Safety Authority (CASA) to make regulations and issue directions to manage aviation safety risks. A specific direction under this Act, issued in 2012, addresses the number of cabin attendants required for Boeing 717 aircraft operated by National Jet Systems. This direction was introduced to allow the operator to comply with the Federal Aviation Administration's approved manufacturer’s evacuation certification, permitting operations with three cabin attendants instead of four, in line with international safety standards. The decision to issue this direction was based on CASA's assessment that the operator had adequately managed the associated safety risks through a comprehensive safety risk management plan and satisfactory processes and procedures, ensuring that the evacuation of all passengers could be achieved within the required 90 seconds.
Scope and Application
The Civil Aviation Regulations 1988 Direction—number of cabin attendants (National Jet Systems) applies specifically to National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services, and concerns the operational requirements for cabin attendants on Boeing 717 aircraft used in regular public transport and charter operations. The regulation permits the operator to deploy a reduced number of cabin attendants—not less than three—for aircraft carrying between 36 and 125 passengers, a deviation from the usual requirement of one cabin attendant for each unit of 36 passengers or part thereof. This direction is grounded in the Federal Aviation Administration's approved manufacturer's evacuation certification for the Boeing 717 aircraft, which validates the safety of operating with three cabin attendants. The regulation is designed to align with international safety standards, ensuring that the evacuation of passengers can be achieved within 90 seconds. The direction also includes conditions to manage the seating of able-bodied passengers in emergency exit rows when fewer than eight such passengers are on board, ensuring compliance with the aircraft’s weight and balance requirements. This regulation is subject to disallowance under the Legislative Instruments Act 2003 and is in effect until 31 July 2013.
Key Provisions
The main operative sections of this legislation, particularly section 98(1) of the Civil Aviation Act 1988, empower the Governor-General to make regulations for the Act, with a focus on ensuring the safety of air navigation. Under regulation 208 of the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue directions regarding the operating crew required on an aircraft, taking into account safety considerations. Specifically, this direction pertains to the number of cabin attendants that must be carried on Boeing 717 aircraft operated by National Jet Systems Pty Ltd. The direction stipulates that such aircraft must have at least three cabin attendants for both regular public transport and charter operations, regardless of the number of passengers on board. This contrasts with the requirement of four cabin attendants for aircraft carrying more than 108 passengers as outlined in subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3.
The Act imposes several obligations and requirements on the operator. Firstly, National Jet Systems must provide an adequate safety risk management plan that addresses the risks associated with operating the Boeing 717 with fewer cabin attendants. This plan must be supported by satisfactory processes and procedures. Secondly, the operator must demonstrate the effectiveness of emergency evacuation procedures, ensuring that a full complement of passengers can be evacuated within 90 seconds, which is in line with international safety standards. Thirdly, the operator must ensure that when there are fewer than eight able-bodied passengers on board, they occupy specific emergency exit rows to comply with the aircraft's weight and balance loading requirements.
Breaching the provisions of this direction can lead to several consequences. Although the legislation does not explicitly state the penalties for non-compliance, CASA, as the enforcing authority, can take action against the operator for failing to adhere to the mandated cabin crew numbers. Such action could include fines, suspension of operations, or other regulatory measures to ensure compliance with safety standards. The maximum penalties for non-compliance are not specified in the legislation but would be determined under the relevant aviation safety regulations and could potentially include substantial financial penalties and operational restrictions. The legislative instrument is also subject to tabling and disallowance in Parliament, which adds an additional layer of oversight and accountability.