Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants – Jetstar Airways
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. Subparagraphs 6.1 (b) and (c) of Civil Aviation Order (CAO) 20.16.3 were made under regulation 208 of CAR 1988. Subparagraph 6.1 (b) provides that aircraft carrying more than 36 but not more than 216 passengers must carry a cabin attendant for each unit of 36 passengers or part of that number. Subparagraph 6.1 (c) provides that aircraft carrying more than 216 passengers shall carry the number of cabin attendants as prescribed by CASA, in the case of any cabin with 1 aisle.
CAO 20.16.3 has 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 and the Joint Aviation Authorities (Europe), now European Aviation Safety Agency (EASA), certification standards. The recommendation was adopted.
The direction will allow Jetstar Airways Pty Limited (the operator) to operate either Airbus A321-200 or A320-200 series aircraft with 1 cabin attendant for every 50 passenger seats or part of that number. CASA considers that the operator has addressed the risks associated with the proposed change to procedures. CASA also considers that the operator has increased the awareness and capability of passengers seated at emergency exit rows in a manner equivalent to, or better than, that achieved when the Airbus A321-200 or the A320-200 series satisfied the requirements of EASA. CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds, within the EASA guidelines for certification demonstrations.
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 (b) 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 is similar to other instruments issued to other operators. In those instruments, the proposed change was also referred to the Office of Transport Security which has expressed no concerns.
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 1 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.
Pending the finalisation of the project team’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 will only be in force for a limited period pending finalisation of the project team’s work on the CAO.
The instrument commences on 1 December 2011 and stops having effect at the end of May 2012.
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 475/11]
Overview
The Civil Aviation Regulations 1988 were amended through the issuance of a legislative instrument to address the outdated cabin attendant requirements for certain aircraft operated by Jetstar Airways. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, and the Civil Aviation Regulations 1988 provide the Civil Aviation Safety Authority (CASA) the authority to issue directions regarding operating crew requirements to ensure the safety of air navigation. This particular legislative instrument was issued to allow Jetstar Airways to operate Airbus A321-200 or A320-200 series aircraft with one cabin attendant for every 50 passenger seats or part of that number, a change from the previous requirement of one attendant for every 36 passengers. This decision was made in recognition of updated international safety standards and was adopted following CASA's review of policies and practices for first-of-type certification of imported aircraft. The policy objective is to ensure the safety of air navigation while accommodating new international standards.
Scope and Application
The Civil Aviation Regulations 1988, specifically under the authority granted by the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew required to be carried on an aircraft, focusing on the safety of air navigation. The Civil Aviation Regulations 1988 (CAR 1988) empower CASA to issue such directions, as outlined in regulation 208, and these are further detailed in Civil Aviation Order (CAO) 20.16.3. The current direction applies to Jetstar Airways Pty Limited, enabling the operator to adjust the number of cabin attendants on Airbus A321-200 and A320-200 series aircraft. This decision is based on CASA's assessment that the proposed change meets safety standards, allowing one cabin attendant for every 50 passenger seats or part of that number, a shift from the existing requirement of one attendant for each unit of 36 passengers. This direction is considered a temporary measure until the CAO is updated to reflect international safety standards for cabin crew ratios.
The direction, issued under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998, applies solely to Jetstar Airways and its specified aircraft models, with the aim of aligning cabin crew numbers with international safety standards while ensuring passenger safety. The legislative framework allows CASA to issue such directions as interim measures, subject to parliamentary scrutiny under the Legislative Instruments Act 2003. This direction is effective from 1 December 2011 and will cease to have effect by the end of May 2012, pending the finalisation of broader regulatory updates by CASA. The consultation process involved both internal CASA reviews and discussions with the operator, ensuring the direction's alignment with safety and operational requirements.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988, as directed by the Civil Aviation Safety Authority (CASA), pertain to the number of cabin attendants required on certain aircraft operated by Jetstar Airways. Specifically, subsection 98(1) of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, including those related to the safety of air navigation. Under regulation 208 of the Civil Aviation Regulations 1988, CASA can issue directions regarding the operating crew required to be carried on an aircraft. This authority is exercised through Civil Aviation Order (CAO) 20.16.3, which, in turn, mandates that aircraft carrying more than 36 but not more than 216 passengers must carry a cabin attendant for each unit of 36 passengers or part of that number. For aircraft carrying more than 216 passengers, CASA prescribes the number of cabin attendants needed. The recent direction modifies these requirements for Jetstar Airways, allowing them to operate Airbus A321-200 or A320-200 series aircraft with one cabin attendant for every 50 passenger seats or part of that number, aligning with international safety standards.
The obligations imposed on Jetstar Airways by this direction are substantial, requiring them to ensure that their aircraft comply with the specified cabin attendant ratios. CASA has evaluated Jetstar's procedures and found them to address the risks associated with the proposed change adequately. Additionally, the airline must ensure that passengers seated in emergency exit rows are aware of their responsibilities, ensuring that the evacuation time remains within the 90-second benchmark set by the European Aviation Safety Agency (EASA). This entails a rigorous process of staff training and passenger education, aimed at maintaining the high safety standards that CASA mandates.
In terms of consequences for non-compliance, the direction is subject to the Legislative Instruments Act 2003. If CASA issues a direction that affects the operation of a Civil Aviation Order, that direction is considered a disallowable instrument. This means that it can be tabled and potentially disallowed by the Parliament under sections 38 and 42 of the Legislative Instruments Act. Such disallowance would render the direction ineffective, though this is considered unlikely given CASA's thorough evaluation and Jetstar's compliance measures. Failure to adhere to the stipulated cabin attendant ratios could result in severe penalties, potentially including fines or suspension of the operator's license, given the paramount importance of safety in air navigation.