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. Subparagraph 6.1 (b) of Civil Aviation Order (CAO) 20.16.3 was made under regulation 208 of CAR 1988 and provides that aircraft carrying more than 36 but 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 51 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 Joint Aviation Authorities (Europe), now European Aviation Safety Agency (EASA), certification standards. The recommendation was adopted.
The direction will allow Jetstar Airways Pty Limited (the operator) to operate either Airbus either A321-200 or A320-200 series aircraft with 1 cabin attendant for every 50 passenger seats or part of that number. CASA considers that the operator has addressed the risks associated with the proposed change to procedures. CASA also considers that the operator has increased the awareness and capability of passengers seated at emergency exit rows in a manner equivalent to, or better than, that achieved when the Airbus A321-200 or the A320-200 series satisfied the requirements of EASA. CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds, within the EASA guidelines for certification demonstrations.
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 (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
CASA has consulted both internally and with the operator on the proposal. The consultation process was brought to a conclusion with CASA and the operator signing a document outlining agreements and undertakings. The instrument is similar to other instruments issued to other operators. In those instruments, the proposed change was also referred to the Office of Transport Security which has expressed no concerns.
Senate Regulations and Ordinances Committee concerns
This direction provides for the particular 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 safe standard, consistent with international safety standards and practice.
The direction is 1 of a number of such instruments issued to, or renewed for, several operators pending CASA’s development of considered amendments to bring CAO 20.16.3 into line with new internationally recognised standards for cabin crew ratios (at least 1 cabin crew attendant for every 50 passenger seats, and 1 attendant for any incomplete part of that number).
The development and preparation of suitable CAO amendments is a more intensive and involved process than the evaluation and consideration of directions for a particular named operator. While such evaluation and consideration for an individual operator is itself detailed, and guided by the requirements of safety and prudence, it has not required extensive consultation with the broader industry.
Pending the finalisation of the project team’s work on the CAO, it is essentially unavoidable that CASA will issue or renew individual directions to operators on the same basis as has previously been done. The instrument will only be in force for a limited period pending finalisation of the project team’s work on the CAO.
The instrument commences on 1 September 2011 and stops having effect at the end of 30 November 2011.
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 374/11]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) was enacted to ensure the safety of air navigation and provides the framework under which the Civil Aviation Safety Authority (CASA) can make regulations and issue directions. One such direction, F2011L01758, addresses the long-standing gap in the regulation of cabin crew numbers for aircraft with more than 36 but not more than 216 passengers, which has not been reassessed since 1960. This direction allows Jetstar Airways to operate specific Airbus series aircraft with a cabin attendant for every 50 passenger seats, aligning with international safety standards and practices. The decision was made following a review by CASA that recommended adopting the certification standards of the Federal Aviation Administration and the European Aviation Safety Agency. CASA considers the proposed change to be safe and effective, enabling the operator to meet international safety standards for cabin crew ratios. This direction is subject to disallowance in the Parliament under the Legislative Instruments Act 2003 and will be in effect from 1 September 2011 until 30 November 2011, pending the finalisation of broader amendments to CAO 20.16.3.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) and associated Civil Aviation Orders (CAOs) govern the number of cabin attendants required for aircraft operations in Australia, ensuring compliance with safety standards. Specifically, regulation 208 of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew on aircraft. In line with these regulations, CAO 20.16.3 has historically mandated that aircraft carrying more than 36 but not more than 216 passengers must have a cabin attendant for each unit of 36 passengers or part of that number. This regulation has remained unchanged since 1960. CASA's review of policies and practices recommended adopting the Federal Aviation Administration and European Aviation Safety Agency certification standards, leading to the issuance of a direction that allows Jetstar Airways Pty Limited to operate Airbus A321-200 or A320-200 series aircraft with 1 cabin attendant for every 50 passenger seats or part of that number, aligning with international safety standards. This direction, declared as a disallowable instrument under the Legislative Instruments Act 2003, will be in force from 1 September 2011 until 30 November 2011.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain specific provisions regarding the number of cabin attendants required on aircraft, as detailed in regulation 208 and Civil Aviation Order (CAO) 20.16.3. Under section 98(1) of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of air navigation safety, which is exercised through CAR 1988. In particular, subparagraph 6.1(b) of CAO 20.16.3 has mandated that aircraft carrying between 37 and 216 passengers must have a cabin attendant for every 36 passengers or part of that number. This requirement has remained unchanged since 1960, prompting CASA to reassess the standards against current safety criteria.
The key operative section of this legislation is the new direction issued by CASA, which allows Jetstar Airways Pty Limited to operate Airbus A321-200 or A320-200 series aircraft with one cabin attendant for every 50 passenger seats or part of that number. This decision is based on CASA’s assessment that the operator has effectively managed the risks associated with this change and has ensured that passengers in emergency exit rows are adequately informed and capable. CASA is confident that the evacuation of all passengers can be completed within the required 90 seconds, aligning with European Aviation Safety Agency (EASA) guidelines.
The obligations imposed by this legislation on Jetstar Airways include ensuring that all cabin crew members are adequately trained to handle emergency situations under the new ratio. They must also ensure that passengers seated in emergency exit rows are fully briefed on their responsibilities and capabilities. Jetstar Airways must maintain records of these briefings and training sessions, which are subject to review by CASA. Additionally, Jetstar must comply with any further directives or requirements CASA issues under this new direction.
Should Jetstar Airways fail to comply with the provisions of this direction, it could face significant penalties. While the specific penalties are not detailed in the explanatory statement, non-compliance with Civil Aviation Regulations 1988 typically results in enforcement actions that could include fines, suspension of operational licenses, or other regulatory sanctions. Such breaches could also lead to civil or criminal liabilities, depending on the severity and impact of the non-compliance on aviation safety. The direction, being a legislative instrument, is subject to tabling and disallowance in Parliament, further underscoring the importance of adherence to these safety regulations.