Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
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 and provides 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 requirements of subparagraph 6.1 (b) of CAO 20.16.3 have 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 certification standards. The recommendation was adopted.
Embraer 170‑100 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 safety procedures that are specific to the operator, which are evaluated, thus there is a 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 is satisfied that the evacuation of a full complement of passengers for the Embrarer 170‑100 aircraft is able to be achieved in a time of 90 seconds. CASA is satisfied that the evacuation procedures adopted by Capiteq Limited, trading as Airnorth, to support their application to operate with the certification criterion of 2 cabin attendants to a maximum of 78 seats fitted to the aircraft have been demonstrated successfully. The maximum permitted time of 90 seconds is set out as a condition in Schedule 1 of the instrument.
The other conditions include a requirement that the briefing of passengers in self-help exit rows must be as approved by CASA and in the manner set out in the operator’s operations manual. The conditions state that the number of able-bodied persons available to occupy seats in the self-help exit rows must be determined only after the weight and balance requirements applicable to the loading of the aircraft have been complied with.
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
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 proposed change was also referred to the Office of Transport Security which has expressed no concerns. The instrument is similar to other instruments issued to other operators.
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 the latest 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.
CASA has established a joint CASA/industry Cabin Crew Ratio Project Team (CCRPT) with a view to extensive industry consultation on proposals to amend CAO 20.16.3 in relation to cabin crew ratios.
Work and discussions are underway with a view to the production of a draft Civil Aviation Advisory Publication (CAAP), CAO drafting instructions and public Notice of Proposed Rule Making (NPRM). Proposed application of the 1:50 international standard for charter and regular public transport operations generally gives rise to the need to consider various safety-related matters and this is currently underway through the CCRPT.
When finalised and registered, the CAO amendments would contain new standards and relevant conditions. These would remove the current need to issue, if appropriate, directions requested by individual operators for their particular operations.
However, pending the finalisation of the CCRPT’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 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 376/11]