Explanatory Statement
Civil Aviation Regulations 1988
Amendment of instrument CASA 321/06
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Under regulation 208 of the Civil Aviation Regulations 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 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 46 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 (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 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.
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.
Virgin Blue Airlines has incorporated procedures for the briefing of passengers seated at self-help exit rows as part of the pre-departure passenger safety briefing, taking into account the conclusions of the Cranfield University research.
Virgin Blue Airlines has incorporated pre-warned emergency briefings, for passengers seated in Type I and III exit rows based on the verbal briefing criteria specified in the Cranfield University research.
Virgin Blue Airlines have incorporated passenger briefing procedures for a pre-warned emergency where there is time to prepare for an emergency evacuation.
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 demonstration of the evacuation procedures, adopted by Virgin Blue Airlines, to support their application to operate with the certification criterion of four cabin attendants, has been demonstrated successfully.
CASA does not consider that safety would be compromised if a Boeing 737-800 carried cabin attendants during operations with passenger seating complement of 1 cabin attendant to 50 seats fitted to the aircraft or part of that.
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
Consultation under section 17 of the LIA has not been undertaken in this case because the instrument amends CASA 321/06 to correct typographical errors.
The Amendment has been issued by a delegate of CASA. It commences on 13 October 2006 and stops having effect at the end of 30 June 2009.
[Instrument number CASA 393/06]
Overview
The Civil Aviation Regulations 1988 were amended in 2006 to update the requirements for cabin crew on aircraft, specifically addressing the number of cabin attendants necessary for different passenger configurations. This amendment, CASA 321/06, was enacted to fill a regulatory gap that had existed for over four decades, as the original regulation had not been updated since 1960. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and this amendment reflects CASA's policy objective of ensuring that cabin crew requirements are commensurate with safety needs, while also recognising modern aircraft design and emergency evacuation procedures. The policy objective is to maintain safety standards while adapting to technological advancements and new research findings, such as those from Cranfield University, which influence cabin crew briefing and emergency procedures.
Scope and Application
The Civil Aviation Regulations 1988 Amendment (CASA 321/06) applies to aircraft operators, specifically those who operate Boeing 737-800 aircraft in Australia. The amendment concerns the number of cabin attendants required to be carried on such aircraft based on the seating configuration and the safety of air navigation. This amendment is intended to reflect updated safety standards and the recognition of Federal Aviation Administration certification standards. The amendment applies across Australia and is subject to the broader provisions of the Civil Aviation Act 1988, which governs civil aviation safety and operations nationally. The amendment corrects typographical errors in the existing Civil Aviation Order 20.16.3, which specifies the number of cabin attendants required based on passenger seating. It is a legislative instrument under the Legislative Instruments Act 2003 and thus subject to the disallowance provisions in the Parliament. The amendment does not require consultation under the Legislative Instruments Act as it pertains only to typographical corrections. It is in effect from 13 October 2006 until 30 June 2009.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 Amendment (CASA 321/06) are concerned with updating the requirements for cabin crew on aircraft carrying more than 36 but not more than 216 passengers. Section 208 of the Civil Aviation Regulations 1988 allows CASA to issue directions about operating crew, with the objective of ensuring the safety of air navigation. Sub-section 7 and subparagraph 6.1(a) of Civil Aviation Order 20.16.3 (CAO 20.16.3) were made under this regulation, stating that such aircraft must carry a cabin attendant for each unit of 36 passengers or part of that. CASA has recommended and accepted the Federal Aviation Administration (FAA) certification standards, which have led to the reassessment of cabin attendant numbers against allowable seating rather than passenger numbers.
The obligations imposed by the Civil Aviation Regulations 1988 Amendment (CASA 321/06) on the parties and entities it governs are primarily concerned with ensuring the safety of air navigation through the appropriate allocation of cabin crew. Operators of aircraft carrying more than 36 but not more than 216 passengers must now adhere to the new cabin attendant requirements, which take into account the safety of air navigation and the design of the aircraft. The amendment also requires operators to demonstrate specific safety procedures, which are evaluated by CASA to ensure compliance with safety standards.
Any breach of the Civil Aviation Regulations 1988 Amendment (CASA 321/06) may lead to civil or criminal consequences, depending on the severity of the breach. CASA has the authority to take enforcement action against operators who fail to comply with the new cabin attendant requirements or do not adequately demonstrate their safety procedures. The maximum penalties for breaches of civil aviation regulations are outlined in the Civil Aviation Act 1988 and may include fines and imprisonment. The Legislative Instruments Act 2003 (LIA) also applies to this amendment, as it is a disallowable instrument that must be tabled and may be disallowed in the Parliament under sections 38 and 42 of the LIA.
The amendment to the Civil Aviation Regulations 1988 (CASA 321/06) has been made under regulation 5A of CAR 1988 and is a disallowable instrument, as declared under subparagraph 6(d)(i) of the LIA. The amendment was issued by a delegate of CASA and commenced on 13 October 2006, ceasing to have effect at the end of 30 June 2009. Consultation under section 17 of the LIA was not undertaken in this case, as the amendment was made to correct typographical errors in the original regulation. This amendment represents an important step in ensuring the safety of air navigation and the appropriate allocation of cabin crew on aircraft carrying more than 36 but not more than 216 passengers.