Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants in ATR 42-500 aircraft
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 49 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 and the European Aviation Safety Agency (EASA) certification standards. This has affected the assessment of the aircraft in the context of emergency evacuation procedures. The certification of the aircraft requires consideration of the design of the floor plan and the seating configuration, as well as the location of exits, in determining whether an aircraft can be evacuated safely. 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 then 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.
The directions require the operator to ensure that the aircraft can be evacuated in less than 90 seconds. In the case of the ATR 42 aircraft, an emergency evacuation test carried out on the aircraft has shown that the aircraft can be evacuated in less than 90 seconds with only 1 flight attendant, 46 passengers and 2 flight crew. The test is referred to in detail in the type certificate data sheet for the ATR 42 issued by EASA.
Further conditions have been included in Schedule 2 to the instrument to ensure that safe evacuation can take place within the stated time. Emergency exit rows have to be occupied by at least 2 able-bodied persons who have to receive a briefing approved by CASA on the opening of emergency exits and subsequent actions in the event of an emergency.
CASA also requires arrangements for the seating and briefing of passengers to be in accordance with the procedures set out in the operator’s operations manual and acceptable to CASA. They must also be in accordance with the arrangements under which the emergency evacuation test referred to was carried out.
CASA does not consider that safety would be compromised if an ATR 42-500 aircraft carried 1 cabin attendant with a maximum of 46 passengers and 2 flight crew.
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 (the 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 within CASA and with Macair Airlines Pty Ltd on the proposal. The consultation process was brought to a conclusion with CASA and Macair Airlines Pty Ltd signing a document outlining agreements and undertakings. This instrument contains more detailed requirements to ensure the safety of persons on the aircraft.
The direction has been issued by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988. It commences on the day after registration and stops having effect at the end of 31 January 2011.
[Instrument number CASA 51/09]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety and efficiency of civil aviation in Australia. The 1988 Act was introduced to provide a comprehensive framework for the regulation of civil aviation, addressing the need for standardised safety and operational standards across the industry. The enacting body was the Australian Parliament, with the policy objective being to enhance the safety of air navigation and ensure the highest standards in civil aviation practices. In line with these objectives, the explanatory statement details a specific regulation concerning the number of cabin attendants required on ATR 42-500 aircraft, reflecting a shift in safety assessments from passenger numbers to allowable seating and emergency evacuation procedures. This update aims to align with international standards and ensure that Australian regulations continue to meet the evolving needs of the aviation industry.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) govern the safety of air navigation in Australia, and under subsection 98(1) of the Civil Aviation Act 1988 (the Act), the Governor-General is empowered to make regulations for this purpose. Specifically, regulation 208 of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to provide directions concerning the operating crew required on an aircraft to ensure the safety of air navigation. This legislative framework underpins the Civil Aviation Order 20.16.3 (CAO 20.16.3), which was made under regulation 208 and stipulates 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. The current directions apply specifically to ATR 42-500 aircraft, which have been assessed to safely evacuate with only 1 flight attendant when carrying up to 46 passengers and 2 flight crew, provided certain conditions are met, including emergency exit briefings and the seating arrangement. The authority to issue these directions is rooted in the Civil Aviation Act 1988, and the legislative instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. This legislative measure was developed in consultation with CASA and Macair Airlines Pty Ltd and came into effect on the day after registration, expiring on 31 January 2011.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Order 20.16.3 (CAO 20.16.3) provide for the number of cabin attendants required on an ATR 42-500 aircraft, based on the passenger capacity. According to section 98(1) of the Civil Aviation Act 1988, the Governor-General may make regulations for the Act in the interests of safety. Regulation 208 of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on an aircraft, taking into account the safety of air navigation. Subsection 7 and subparagraph 6.1(a) of CAO 20.16.3, made under regulation 208, require 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. This regulation has remained unchanged since 1960, leading to a reassessment of cabin attendant numbers based on allowable seating rather than passenger numbers.
The obligations imposed by the Act on the parties and entities it governs include ensuring that the aircraft can be evacuated in less than 90 seconds, as required by the directions issued by CASA. Operators of ATR 42-500 aircraft must ensure that emergency exit rows are occupied by at least two able-bodied persons who receive a CASA-approved briefing on emergency procedures. Additionally, operators must follow the procedures outlined in their operations manual, which must be acceptable to CASA and consistent with the arrangements under which the emergency evacuation test was carried out. CASA does not require a re-evaluation of the aircraft design but does require operators to demonstrate their specific safety procedures.
The consequences for non-compliance with the Act are detailed in the Explanatory Statement. While specific offences and penalties are not mentioned in the text, CASA's authority to issue directions under regulation 208 of the CAR 1988 suggests that failure to comply with these directions could result in civil or criminal penalties. The instrument is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, which further underscores the importance of adhering to the specified requirements. CASA has consulted with relevant parties, including Macair Airlines Pty Ltd, to ensure that the directions are detailed and safe, highlighting the regulatory body's commitment to maintaining high safety standards in air navigation.