CASA 50/16 - Direction — number of cabin attendants (Capiteq Pty Limited)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00852 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Direction — number of cabin attendants (Capiteq Pty Limited)

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and 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 over 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 published in 1990, 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 (FAA) and the European Aviation Safety Agency (EASA) certification standards. The recommendation was adopted.

 

Background

The certification of the Embraer 170-100 is based on the design of the floor plan and the seating configuration of the aircraft in relation to the location of exits. CASA does not call for a reevaluation of the aircraft design; instead, CASA accepts the design criterion which specifies a requirement for 2 cabin crew. CASA, however, requires operators to demonstrate the safety procedures that are specific to the operator, therefore, creating 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 Embraer 170-100 aircraft is able to be achieved in a time of 90 seconds with only 2 cabin crew on board. CASA is satisfied that the evacuation procedure adopted by Capiteq Pty Limited, trading as Airnorth (the operator), using 2 cabin attendants to a maximum of 78 seats fitted to the aircraft can be demonstrated successfully.

 

Instrument

The direction will allow the operator to continue to operate Embraer 170-100 aircraft with 2 cabin attendants. The instrument replaces an existing direction which expires at the end of 31 May 2016 (CASA 68/15 refers).

 

The maximum permitted evacuation 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 given to 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 question of cabin attendant ratios under CAO 20.16.3 is subject to ongoing review and the current instrument will only be in force up to the end of May 2017. Instruments of this type are being issued for limited periods only. It is hoped that there will be a resolution of the issues involved, making the issue of individual directions to operators unnecessary.

 

Legislation Act 2003 (the LA)

Under section 57A of the LA, an instrument is a legislative instrument for section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005. Under regulation 5A of CAR 1988 (which was in force before 1 January 2005), 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 LA.

 

Consultation

Initial consultation under section 17 of the LA was undertaken following the issue of the CASA report that recommended the recognition of the FAA and EASA certification standards in relation to setting the ratio of cabin attendants to passenger seats.

 

This instrument has been issued at the request of the operator to continue an existing direction allowing a ratio of 1 cabin attendant to 50 passenger seats. CASA consulted with the operator before issuing previous instruments on this subject that applied to the operator. The policy behind the previous instrument has not changed since the previous instrument was made. The operation of the previous instrument has been satisfactory. The instrument is similar to instruments issued to other operators and is accepted by industry.

 

Therefore, CASA is satisfied that, for section 17 of the LA, no further consultation is appropriate or reasonably practicable for this instrument.

 

Senate Committee concerns

This direction provides for the operator to meet a standard for cabin crew numbers that differs from that currently promulgated in CAO 20.16.3, but is considered to be a standard consistent with international safety standards and practice.

 

The development and preparation of suitable standards with appropriate conditions is continuing in conjunction with the preparation of new regulations applicable to all air transport operators.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.

 

The instrument commences on 1 June 2016 and is repealed at the end of 31 May 2017.

 

[Instrument number CASA 50/16]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Direction — number of cabin attendants (Capiteq Pty Limited)

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument allows Capiteq Pty Limited, trading as Airnorth (the operator), to operate an Australian registered Embraer 170-100 series aircraft with a maximum seating capacity of 78 passengers if there is 1 cabin attendant for every 50 passenger seats or part of that number. In the absence of this instrument, 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 primary purpose of the legislative instrument is to allow the operator to operate those aircraft with 2 cabin attendants. The direction is subject to conditions, imposed in the interests of aviation safety, about positioning of cabin attendants, seating and briefing of passengers, and the ability to quickly evacuate the aircraft.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and the regulation of civil aviation in Australia. This legislation was developed to address a gap in cabin attendant requirements that had remained unchanged since 1960, which had not been reassessed against allowable seating rather than passenger numbers. The Civil Aviation (Safety) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required to be carried on aircraft for safety reasons. The authority to create this specific direction stems from Section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act and the safety of air navigation. The policy objective behind this direction is to maintain a standard for cabin crew numbers that aligns with international safety standards and practices, while also addressing the specific needs and safety procedures of individual operators. This legislative instrument was made in response to a request from Capiteq Pty Limited, trading as Airnorth, to continue operating their Embraer 170-100 aircraft with a cabin attendant ratio of 1 to 50 passenger seats.

Scope and Application

The Civil Aviation Regulations 1988 Direction regarding the number of cabin attendants for Capiteq Pty Limited applies specifically to the operation of Embraer 170-100 series aircraft registered in Australia with a maximum seating capacity of 78 passengers. This direction allows Capiteq Pty Limited, trading as Airnorth, to operate these aircraft with two cabin attendants, a standard that differs from the general requirement under the Civil Aviation Regulations of having a cabin attendant for every 36 passengers or part of that number. The direction is intended to align with international safety standards and practices while ensuring the safety of air navigation, as empowered under Section 98 of the Civil Aviation Act 1988. The direction is subject to conditions that include specific requirements for the positioning of cabin attendants, seating and briefing of passengers, and the ability to evacuate the aircraft within a maximum permitted time of 90 seconds. This legislative instrument, which is subject to disallowance in the Parliament under the Legislation Act 2003, commences on 1 June 2016 and will be repealed at the end of 31 May 2017, reflecting CASA's ongoing efforts to develop suitable standards and prepare new regulations applicable to all air transport operators.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) are instrumental in governing the safety requirements for aircraft operations in Australia. Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General has the authority to establish regulations concerning the safety of air navigation. Regulation 208 of the CAR 1988 further empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew necessary for ensuring safe air navigation. Subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3, derived from regulation 208, stipulates that aircraft carrying between 37 and 216 passengers must have one cabin attendant for every 36 passengers or part thereof. This requirement has remained unchanged since 1960, prompting CASA to reassess cabin attendant ratios based on allowable seating rather than passenger numbers. The obligations imposed by the Act and the regulations are primarily focused on ensuring that aircraft operations meet safety standards. Specifically, operators must comply with CASA's directions regarding the number of cabin attendants required, ensuring that passenger evacuation can be executed within a stipulated timeframe. CASA's assessment and approval of the operator's safety procedures are crucial, particularly in demonstrating that evacuation can be achieved safely and efficiently with the specified number of cabin crew. Capiteq Pty Limited, trading as Airnorth, must adhere to these safety procedures, which are approved by CASA and detailed in the operator’s operations manual. Failure to comply with CASA's directions and conditions can lead to significant consequences. While the Explanatory Statement does not explicitly detail penalties, the Act and regulations generally provide for enforcement actions that could include fines, suspension of operating permits, or other regulatory sanctions. The legislative instrument itself is subject to tabling and disallowance in the Parliament under the Legislation Act 2003, which underscores the formal oversight of such safety measures. This ensures that any deviation from established safety protocols could result in legal ramifications for non-compliant operators. The instrument issued under the CAR 1988 allows Capiteq Pty Limited to operate Embraer 170-100 aircraft with a specific cabin attendant ratio of 1 attendant for every 50 passenger seats, up until the end of May 2017. This direction is conditional upon the operator demonstrating adherence to CASA-approved safety procedures and the successful execution of passenger evacuation within the 90-second timeframe. The compatibility of this instrument with human rights is affirmed, as it does not infringe upon any rights or freedoms as outlined in relevant international instruments.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.