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 of CAR 1988 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 50 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 Airbus 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, Airbus, 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.
Tiger Airways Australia Pty 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 Airbus A320 series aircraft 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. 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 an Airbus A320 series aircraft carried cabin attendants during operations with a complement of 1 cabin attendant to each 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
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 replaces instrument CASA 627/08 which ceases to have effect at the end of 30 November 2010. During the preparation of the original instrument, the proposed change was referred to the Office of Transport Security which expressed no concerns.
The instrument commences on 1 December 2010 and stops having effect at the end of 31 July 2011.
The direction has been issued by a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 451/10]
Overview
The Civil Aviation (Safety Requirements) Instrument 2010 was enacted to address the gap in the regulation of cabin attendants on Airbus A320 series aircraft, particularly in relation to the number of cabin attendants required based on the seating configuration rather than the total passenger count. This legislation was introduced to align with the Federal Aviation Administration of the United States of America (FAA) certification standards, as recommended by CASA in its report on first-of-type certification of imported aircraft. The Civil Aviation Regulations 1988, under which this direction was issued, empowers the Civil Aviation Safety Authority (CASA) to provide directions concerning the operating crew required on an aircraft, considering the safety of air navigation. The policy objective is to ensure that the safety of air navigation is not compromised while allowing for more flexible cabin attendant numbers that are better aligned with modern aircraft designs and safety procedures. The instrument, which is a legislative instrument subject to tabling and disallowance in the Parliament, was developed following consultations between CASA and the affected operator, Tiger Airways Australia Pty Limited, and it replaces an earlier instrument, CASA 627/08, effective from 1 December 2010 to 31 July 2011.
Scope and Application
The Civil Aviation Regulations 1988, as amended by Direction number CASA 451/10, applies to all operators of Airbus A320 series aircraft within Australia and its territories, imposing specific requirements for the number of cabin attendants required to be carried on aircraft based on passenger seating configuration. This regulation pertains to the safety of air navigation and is enacted under the authority granted to CASA by the Civil Aviation Act 1988. The amendment to subparagraph 6.1(a) of CAO 20.16.3 allows for the carriage of one cabin attendant for every 50 seats, or part of that number, in Airbus A320 series aircraft, differing from the previous requirement of one attendant for each unit of 36 passengers. This change is made in recognition of the Federal Aviation Administration's certification standards and safety improvements made by the aircraft manufacturer, Airbus, and recommendations from Cranfield University concerning passenger briefing in overwing exit rows. The new regulation is subject to disallowance under the Legislative Instruments Act 2003 and follows consultations between CASA and the affected operator, Tiger Airways Australia Pty Limited. The instrument takes effect from 1 December 2010 and will cease to have effect by the end of 31 July 2011.
Key Provisions
The primary operative sections of this legislation, particularly the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Order 20.16.3 (CAO 20.16.3), establish the requirements for the number of cabin attendants on an aircraft. Specifically, subsection 98(1) of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for safety in air navigation, with regulation 208 allowing CASA to issue directions on operating crew requirements. The CAO 20.16.3, made under this authority, stipulates that aircraft with more than 36 but not more than 216 passengers must have one cabin attendant for every 36 passengers or part of that number. This criterion has remained unchanged since 1960.
These sections impose clear obligations on aircraft operators to ensure the safety of passengers by adhering to the cabin attendant requirements as stipulated. Operators must demonstrate that they have adequate procedures in place, specifically tailored to their aircraft's design and configuration, which align with CASA's safety standards. This includes briefing passengers seated in overwing exit rows, as recommended by Cranfield University, and ensuring that these procedures are part of the pre-departure safety briefing. Operators are required to show that their evacuation procedures can achieve a full passenger evacuation within 90 seconds, which CASA has determined is a safe and feasible time frame.
In terms of enforcement, the legislation does not explicitly list offences or penalties for non-compliance with these cabin attendant requirements. However, the consequences of failing to adhere to CASA's safety directives can be severe, including potential revocation of operational permits or other regulatory sanctions. CASA has the authority to review and assess the safety measures adopted by operators, and any failure to meet the required safety standards could result in significant penalties under other sections of the Civil Aviation Act 1988 or related regulations.
The Legislative Instruments Act 2003 (LIA) further contextualises the regulatory framework, establishing that any instrument affecting the operation of a CAO, such as this direction, is subject to tabling and disallowance in Parliament. This legislative oversight ensures that any changes to safety regulations are properly scrutinised and approved. CASA's consultation process with both internal stakeholders and the operator, Tiger Airways Australia Pty Limited, underscores the importance of collaboration in maintaining safety standards. The instrument in question, CASA 451/10, replaces an earlier instrument, CASA 627/08, and is effective from 1 December 2010 to 31 July 2011.