Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (Sunstate Airlines)
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 (CAO) 20.16.3 was made under regulation 208 of CAR 1988 and provides 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. 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 European Aviation Safety Agency certification standards. The recommendation was adopted.
The direction is a renewal of a former direction, CASA 409/11, which expires at the end of December 2011. The direction will allow Sunstate Airlines (Qld) Pty Limited (the operator) to operate the Dash 8-400 type aircraft with 2 cabin attendants. The operator has addressed the risks associated with the proposed change to procedures. The operator has also increased passenger awareness and capability for passengers seated at self-help exit rows in a manner equivalent to, or better than, that achieved when the Dash 8-400 type satisfied the requirements of Transport Canada. CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds, within the Transport Canada guidelines for certification demonstrations.
The question of cabin attendant ratios under CAO 20.16.3 is subject to ongoing discussion and the current instrument will only be in force up to the end of 30 June 2012. 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.
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
This instrument is to replaces instrument CASA 409/11 which stops having effect at the end of December 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 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.
The instrument is issued for a period of 6 months only, pending resolution of the wider issues involved.
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 commencing on 1 January 2012 and ending at the end of June 2012.
The instrument has been issued by a delegate of CASA under regulation 11.260 of CASR 1998.
[Instrument number CASA 506/11]
Overview
The Civil Aviation Regulations 1988, enacted in 1988, provide the legislative framework for the regulation of civil aviation safety in Australia. This legislation aims to ensure the safety of air navigation and includes provisions for the Governor-General to make regulations for this purpose. One significant aspect of these regulations is the requirement for airlines to carry a certain number of cabin attendants based on passenger numbers, as stipulated in regulation 208 of the Civil Aviation Regulations 1988 and further detailed in subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3. This requirement has remained unchanged since 1960. The Civil Aviation Safety Authority (CASA) has identified a need to update these cabin attendant ratios to align with contemporary international safety standards and practices. Consequently, CASA issued a direction to allow Sunstate Airlines to operate Dash 8-400 aircraft with two cabin attendants instead of adhering to the older standard. This direction is a temporary measure pending the development of broader amendments to CAO 20.16.3, which will aim to harmonise cabin attendant ratios with internationally recognised safety standards.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) provide a comprehensive framework for regulating civil aviation in Australia. The Act applies to all aircraft and aviation-related activities within Australian territory, including both domestic and international flights. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue directions to ensure the safety of air navigation. Specifically, regulation 208 of CAR 1988 allows CASA to mandate the operating crew required on an aircraft based on safety considerations. This authority is exercised under Civil Aviation Order (CAO) 20.16.3, which stipulates that aircraft carrying more than 36 but not more than 216 passengers must have a cabin attendant for each unit of 36 passengers or part of that number. The current direction, CASA 506/11, is a renewal of CASA 409/11 and permits Sunstate Airlines to operate Dash 8-400 type aircraft with only 2 cabin attendants, provided the operator can ensure a full passenger evacuation within 90 seconds, meeting international safety standards. This direction is subject to ongoing review and will only be in effect until 30 June 2012, pending broader amendments to CAO 20.16.3 to align with internationally recognised cabin crew ratios.
Key Provisions
The main operative sections of this legislation include section 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act in the interests of the safety of air navigation. The specific regulation in focus is regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), which empowers the Civil Aviation Safety Authority (CASA) to give directions regarding the operating crew required on an aircraft, taking into account the safety of air navigation. Subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3, made under regulation 208 of CAR 1988, mandates 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 number. This direction specifically addresses Sunstate Airlines (Qld) Pty Limited, permitting the operation of Dash 8-400 type aircraft with two cabin attendants.
The obligations and requirements imposed by this Act on the parties involved, particularly Sunstate Airlines, include ensuring that the operator addresses the risks associated with the proposed change to procedures. This involves increasing passenger awareness and capability for those seated at self-help exit rows, ensuring these measures are equivalent to or better than those achieved under Transport Canada guidelines. Furthermore, CASA must be satisfied that the evacuation of a full complement of passengers could be achieved within 90 seconds, as per the Transport Canada certification demonstrations. Additionally, this direction is subject to ongoing discussion and is in force only until the end of June 2012, with an expectation that broader issues will be resolved through the development of suitable CAO amendments.
In terms of offences, penalties, or civil and criminal consequences for breaches, the legislation does not specify particular penalties but indicates that the instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This suggests that any failure to comply with the direction could potentially be subject to parliamentary scrutiny and disallowance. However, the specific penalties for non-compliance are not detailed in the provided text, and any enforcement would depend on the broader regulatory framework governing aviation safety in Australia.
The issuance of this direction is also guided by the recommendation in CASA's report, Review of policies and practices for first-of-type certification of imported aircraft, which advocates for the recognition of Federal Aviation Administration of the United States of America and the European Aviation Safety Agency certification standards. This recommendation was adopted and is reflected in the current direction, aiming to align with international safety standards and practices. The process of issuing such directions is detailed and involves consultation, both internally within CASA and with the specific operator, as well as with other bodies, although extensive industry-wide consultation is not a requirement for individual operator directions.