CASA 389/08 - Direction - number of cabin attendants in certain aircraft carrying 50 or fewer passengers

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2008L02712 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Direction — number of cabin attendants in certain aircraft carrying 50 or fewer passengers

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 (b) of Civil Aviation Order 20.16.3 (CAO 20.16.3) were made under regulation 208 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 of the United States of America (the FAA) certification standards. The recommendation was adopted.

The Boeing 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.

Safety improvements in redesign of the “Self-Help” Type III overwing exits by the aircraft manufacturer, Boeing, and safety recommendations from Cranfield University on briefing passengers seated in overwing exit row seating, are cause to reassess the emergency evacuation procedures in conjunction with the aircraft certification requirements of the FAA. This seating is referred to as self-help exit rows.

Qantas Airways Limited (the operator) has incorporated procedures for the briefing of passengers seated at self-help exit rows as part of the predeparture passenger safety briefing, taking into account the conclusions of the Cranfield University research. The operator has incorporated prewarned emergency briefings for passengers seated in Type I and III exit rows based on the verbal briefing criteria specified in the Cranfield University research. The revised briefings are acceptable to CASA and are seen as a safety enhancement.

CASA is satisfied the evacuation of a full complement of passengers for the Boeing 737-800 is able to be achieved in a time of 90 seconds. CASA is satisfied that the evacuation procedures adopted by the operator to support their application to operate with the certification criterion of 4 cabin attendants have been demonstrated successfully. The maximum permitted time of 90 seconds is set out as a condition in Schedule 1 of the instrument.

 

CASA does not consider that safety would be compromised if a Boeing 737-800 carried cabin attendants during operations with a complement of 1 cabin attendant to 50 seats, or part of that number, fitted to the aircraft.

This instrument is one of 2 that come into effect on 1 August 2008 to replace instrument CASA 445/07 which expires at the end of July 2008. It applies only to aircraft that are carrying 50 or less passengers. It contains different requirements relating to the seating of persons in self-help exit rows, taking account of the reduced passenger numbers. It must be noted that the number of cabin attendants on the aircraft will remain at 4. It also contains revised conditions which 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, as well as the requirement that the evacuation must be completed in not more than 90 seconds.

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.

Preflight safety briefings must refer only to those overwing exit rows in which an able‑bodied passenger or passengers is or are seated.

 

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 (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 commences on 1 August 2008 and stops having effect at the end of 31 July 2009.

The direction has been issued by a delegate of CASA, under subregulation 7 (1) of CAR 1988.

 

[Instrument number CASA 389/08]

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation. The Civil Aviation Regulations Direction—number of cabin attendants in certain aircraft carrying 50 or fewer passengers, issued in 2008, was introduced to address the gap in the regulation of cabin attendant numbers for aircraft carrying fewer than 50 passengers, a gap that had persisted since the 1960s. This legislative instrument was issued by the Civil Aviation Safety Authority (CASA) under the authority granted by Subsection 98(1) of the Civil Aviation Act 1988. The policy objective of the direction was to enhance the safety of air navigation by ensuring appropriate cabin crew numbers and procedures for aircraft with reduced passenger loads, in light of new safety standards and recommendations from international bodies such as the Federal Aviation Administration (FAA) and Cranfield University. The direction mandates that specific safety briefings be conducted for passengers seated in self-help exit rows and sets a maximum evacuation time of 90 seconds for aircraft carrying 50 or fewer passengers.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the instrument CASA 389/08, apply specifically to aircraft carrying 50 or fewer passengers, establishing distinct requirements for such operations within Australia's aviation sector. The regulation is designed to ensure safety during emergency evacuations, particularly in relation to the number of cabin attendants and the briefing of passengers seated in self-help exit rows. This legislation is intended to align with the safety standards set by the Federal Aviation Administration of the United States of America, taking into account the safety improvements and recommendations from Cranfield University. The operator, in this case Qantas Airways Limited, has implemented safety procedures that have been evaluated and accepted by the Civil Aviation Safety Authority (CASA), ensuring that the evacuation of passengers can be completed within 90 seconds. The regulation mandates that the number of cabin attendants on the aircraft remains at four, while also stipulating that preflight safety briefings must only refer to those overwing exit rows where able-bodied passengers are seated, ensuring compliance with weight and balance requirements. This legislation is subject to disallowance under the Legislative Instruments Act 2003 and is effective from 1 August 2008 until 31 July 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under Section 98(1) of the Civil Aviation Act 1988, and as amended by CASA through regulation 208, mandate that CASA can issue directions concerning the operating crew required on aircraft to ensure the safety of air navigation. Specifically, under the new instrument CASA 389/08, a Boeing 737-800 aircraft carrying 50 or fewer passengers can operate with a single cabin attendant for every 50 seats or part of that number. This direction replaces CASA 445/07, which expired at the end of July 2008. It is important to note that the total number of cabin attendants remains at four, irrespective of the passenger load. Additionally, the instrument stipulates that the pre-flight safety briefing must be tailored to the specific seating arrangement, particularly focusing on passengers seated in self-help exit rows, and must be conducted in accordance with the operator's operations manual as approved by CASA. Furthermore, the evacuation of all passengers must be completed within 90 seconds. The obligations imposed on the parties governed by this Act, primarily Qantas Airways Limited as the operator, include ensuring that the number of able-bodied persons occupying seats in self-help exit rows is determined after meeting the aircraft's weight and balance requirements. The operator must also ensure that the pre-flight safety briefings are provided only for those overwing exit rows where an able-bodied passenger is seated. The briefings must align with the approved CASA criteria and be incorporated into the operator's operations manual. Additionally, the operator is required to demonstrate that the evacuation can be completed within the stipulated 90 seconds. Failure to meet these obligations could result in non-compliance with CASA regulations and potentially compromise the safety of the flight operations. Violations of the conditions set forth in the instrument, such as failing to conduct the required safety briefings or not completing the evacuation within 90 seconds, could result in various civil or criminal consequences. While specific penalties are not detailed in the explanatory statement, non-compliance with Civil Aviation Regulations can generally lead to fines, suspension of operational licenses, or other enforcement actions by CASA. The severity of the penalties would depend on the nature and extent of the breach, but they are intended to ensure that safety standards are upheld and that the operations of the aircraft are conducted in a manner that prioritises the safety of passengers and crew.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.