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. Subparagraph 6.1 (b) of Civil Aviation Order 20.16.3 (CAO 20.16.3) was made under regulation 208 and provides, 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 number.
The requirements in subparagraph 6.1 b) of CAO 20.16.3 have remained in the same form since 1960 and as such represent a 51 year gap since a reassessment of cabin attendant numbers against a criterion of allowable seating rather than passenger numbers.
Embraer 170-100 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.
CASA is satisfied that the evacuation of a full complement of passengers for the Embrarer 170-100 aircraft is able to be achieved in a time of 90 seconds. CASA is satisfied that the evacuation procedures adopted by Capiteq Limited, trading as Airnorth (the operator), to support their application to operate with the certification criterion of 2 cabin attendants to a maximum of 78 seats fitted to the aircraft have been demonstrated successfully. The maximum permitted time of 90 seconds is set out as a condition in Schedule 1 of the instrument.
The other conditions 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. 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.
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 (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
This instrument replaces instrument CASA 376/11 which stopped having effect at the end of November 2011. CASA had consulted both internally and with the operator prior to issuing that instrument. The instrument is also similar to instruments issued to other operators that have been the subject of consultation within CASA and with other bodies.
Senate Committee concerns
This direction provides for the 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 standard consistent with international safety standards and practice.
The development and preparation of suitable CAO amendments to avoid the need for individual directions and set a suitable standard for cabin crew numbers is also continuing.
The instrument has been issued for a limited period. It commences on 1 December 2011 and stops having effect at the end of 31 May 2012.
The direction has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA 489/11]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation within Australia. The Civil Aviation Act 1988 grants the Governor-General the authority to make regulations in the interests of this safety, including the requirement for operating crew on aircraft. A gap in the regulation concerning the number of cabin attendants for aircraft carrying between 36 and 216 passengers, which had not been reassessed since 1960, was identified. The Civil Aviation (Air Operator Certificate—Operating Crew) Direction 2011 (F2011L02513) was introduced to address this gap, providing specific conditions for Capiteq Limited, trading as Airnorth, to operate with a reduced number of cabin attendants on Embraer 170-100 aircraft, while ensuring safety compliance. This direction was issued by the Civil Aviation Safety Authority (CASA) and is subject to disallowance in the Parliament under the Legislative Instruments Act 2003. The direction was developed following consultation with CASA and the operator and was issued for a limited period to allow for the preparation of suitable amendments to the Civil Aviation Orders.
Scope and Application
The Civil Aviation Regulations 1988, as amended through the instrument CASA 489/11, apply to all aircraft operations within Australian jurisdiction that fall under the Civil Aviation Act 1988. Specifically, this legislation pertains to the number of cabin attendants required on aircraft carrying between 37 and 216 passengers, where the requirement is that one cabin attendant is needed for each unit of 36 passengers or part of that number. This applies to both domestic and international flights operating within Australia. The regulation directly affects airlines and aircraft operators, ensuring they adhere to safety standards concerning crew numbers based on passenger capacity. While the overarching Civil Aviation Regulations are national in scope, this particular direction applies only to the operations of Capiteq Limited, trading as Airnorth, for the Embraer 170-100 aircraft under specific conditions until 31 May 2012. Exemptions or alternative standards for other operators or aircraft types are not provided under this direction, which remains distinct from broader Civil Aviation Orders unless amended through further legislative instruments.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (the Act) have been updated to include specific requirements regarding the number of cabin attendants on aircraft. Under the Act, the Governor-General has the authority to make regulations for the Act, particularly for the safety of air navigation (section 98(1)). Regulation 208 of the CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew required on aircraft. This includes stipulating that aircraft carrying between 37 and 216 passengers must carry a cabin attendant for each group of 36 passengers or part thereof (subparagraph 6.1(b) of Civil Aviation Order 20.16.3, CAO 20.16.3). This requirement has not changed since 1960, representing a 51-year gap since the last reassessment of cabin attendant numbers.
Operators and airlines must comply with these provisions by ensuring that they have the appropriate number of cabin attendants on board, based on the number of passengers. This obligation extends to demonstrating specific safety procedures pertinent to the operator's operations, which are evaluated by CASA to ensure they meet safety standards. For instance, Capiteq Limited, trading as Airnorth, has been required to demonstrate that their evacuation procedures can achieve a full passenger evacuation within the maximum permitted time of 90 seconds. Moreover, operators must ensure that passengers in self-help exit rows are properly briefed as per CASA-approved methods detailed in the operator's operations manual, and that the number of able-bodied persons in these rows is determined after satisfying weight and balance requirements.
Failure to comply with these regulations can result in significant legal consequences. Under the Legislative Instruments Act 2003 (LIA), the instrument that declares the new cabin attendant requirements is a disallowable instrument. This means it is subject to tabling and potential disallowance in Parliament (section 6(d)(i) of the LIA). Non-compliance with the direction could potentially lead to enforcement actions by CASA, including fines and other penalties as stipulated by the Civil Aviation Act 1988. The maximum penalties for breaches of these regulations can include substantial financial penalties and other enforcement measures that are designed to ensure adherence to safety standards.