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. 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 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 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.
Qantas Airways Limited (the operator) 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. The operator 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. 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 the operator to support their application to operate with the certification criterion of 4 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 a complement of 1 cabin attendant to 50 seats, or part of that number, fitted to the aircraft.
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
Consultation has not been carried out in accordance with section 17 of the LIA. The direction is in terms identical to one previously issued to another operator in respect of the same type of aircraft. The operator requested this direction and has had to meet the same standard as that applied to the previous operator. Any other operator requesting a direction in the same terms would have to meet the same or an equivalent standard.
The instrument commences on the day after it is registered and stops having effect at the end of 31 July 2008.
The direction has been issued by a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 445/07]
Overview
The Civil Aviation Regulations 1988 were enacted to establish the legal framework governing the safety and operation of civil aviation within Australia. The 1988 Act empowers the Governor-General to make regulations for the Act, particularly focusing on the safety of air navigation. This framework allows the Civil Aviation Safety Authority (CASA) to provide directions concerning the operating crew required to be carried on an aircraft. Over the years, CASA has implemented various regulations, including the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Order 20.16.3 (CAO 20.16.3), which dictate crew requirements based on passenger numbers. However, these regulations have remained unchanged since 1960, resulting in a significant gap in the reassessment of cabin attendant numbers against seating configurations rather than passenger numbers. The policy objective behind the recent amendments is to address safety concerns and enhance emergency evacuation procedures in line with modern safety standards and recommendations from authoritative bodies such as the Federal Aviation Administration (FAA) and Cranfield University.
Scope and Application
The Civil Aviation Regulations 1988, as amended, govern the safety standards for aircraft operations in Australia, with a particular focus on the crew requirements to ensure safe air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue directions regarding the number of cabin attendants necessary on aircraft based on passenger capacity. Specifically, the regulation mandates that aircraft carrying between 37 and 216 passengers must have a cabin attendant for every 36 passengers or part of that number, as stipulated in Civil Aviation Order 20.16.3. This requirement applies to all aircraft operators within Australia, ensuring consistent safety standards across the industry. Notably, CASA has the discretion to adjust these requirements based on specific aircraft designs and operational procedures, as demonstrated in its direction concerning the Boeing 737-800 operated by Qantas Airways Limited, which now permits one cabin attendant for every 50 seats, reflecting advancements in safety procedures and aircraft design. This legislative framework extends its application nationally, with CASA's directions serving to refine and update operational safety standards in response to new safety data and technological advancements.
Key Provisions
The key provisions of the legislation revolve around the regulation of cabin attendants on aircraft, particularly focusing on the number required for safety during air navigation. Under section 98(1) of the Civil Aviation Act 1988, the Governor-General has the power to make regulations necessary for the safety of air navigation. This authority is exercised through regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), which empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew necessary on an aircraft. Subsection 7 and subparagraph 6.1(a) of Civil Aviation Order 20.16.3 (CAO 20.16.3) specify that aircraft carrying more than 36 and not more than 216 passengers must have a cabin attendant for each unit of 36 passengers or part of that unit. This longstanding requirement, in place since 1960, has recently been reassessed in light of new safety standards and design criteria.
Entities governed by these regulations, such as Qantas Airways Limited, are required to adhere to the cabin attendant provisions outlined in CAO 20.16.3. Operators must ensure that their aircraft meet the safety standards set forth by CASA, which includes demonstrating specific procedures tailored to their operations. For instance, Qantas has implemented pre-departure safety briefings for passengers seated in overwing exit rows, aligning with research from Cranfield University. CASA has accepted these procedures as a safety enhancement, provided they are consistent with the certification criteria established by the Federal Aviation Administration (FAA) and the aircraft manufacturer, Boeing.
Failure to comply with the cabin attendant requirements and safety procedures could result in civil or criminal consequences. Under the Legislative Instruments Act 2003 (LIA), any instrument affecting the operation of a Civil Aviation Order is subject to tabling and disallowance in Parliament. This means that any directive issued by CASA that alters existing regulations must be presented to Parliament, where it can be reviewed and potentially disallowed. Non-compliance with CASA's directives or failure to meet the safety standards set by these regulations could lead to penalties, although specific maximum penalties are not detailed in the explanatory statement. The importance of these regulations lies in their role in ensuring the safety of passengers and crew during air travel.