Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants for Airbus A320 and Fokker F100 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. 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.
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 has 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 Airbus A320 and the Fokker F100 satisfied the Joint Aviation Authorities (Europe), now European Aviation Safety Agency, standards.
CASA is satisfied that the evacuation of a full complement of passengers for the aircraft is able to be achieved in a time of 90 seconds. CASA is satisfied that the evacuation procedures adopted by Skywest Airlines (Australia) Pty Ltd (the operator) to support its application to operate with the certification criterion for the number of cabin attendants have been demonstrated successfully. For Airbus A320 aircraft, the certification criterion is 4 cabin attendants to a maximum of 162 passenger seats fitted to the aircraft. For Fokker F100 aircraft, the certification criterion is 2 cabin attendants to a maximum of 100 passenger seats fitted to the aircraft. 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.
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
The operator has applied for this instrument. This instrument replaces instrument CASA 415/11, which stops having effect at the end of 31 December 2011. CASA consulted both internally and with the operator before issuing earlier instruments that had the same effect. The instrument is 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 commences on 1 January 2012 and stops having effect at the end of June 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 512/11]
Overview
The Civil Aviation Regulations 1988 were amended by the instrument F2011L02786 to address the outdated cabin attendant requirements for Airbus A320 and Fokker F100 aircraft, which had not been reviewed since 1960. This legislative instrument was introduced by the Civil Aviation Safety Authority (CASA) under the authority granted by subsection 98(1) of the Civil Aviation Act 1988, aiming to ensure the safety of air navigation. CASA determined that the existing cabin attendant requirements, as outlined in subparagraph 6.1(b) of Civil Aviation Order 20.16.3, were no longer aligned with modern safety standards and the actual design of the aircraft. CASA found that the operator could demonstrate a safe evacuation time of 90 seconds, which aligns with international safety standards, despite the lower number of cabin attendants than previously required. The instrument, declared as a disallowable instrument under the Legislative Instruments Act 2003, was subject to parliamentary disallowance but came into effect on 1 January 2012 and ceased on 30 June 2012.
Scope and Application
The Civil Aviation Regulations 1988, as amended, apply to all entities involved in the operation of civil aircraft within Australia, including airlines and aircraft operators. This specific direction, numbered CASA 512/11, targets Airbus A320 and Fokker F100 aircraft operated by Skywest Airlines (Australia) Pty Ltd, mandating the number of cabin attendants required based on the aircraft's seating capacity. This direction, made under the authority granted by the Civil Aviation Act 1988, aims to ensure the safety of air navigation by setting safety standards that are consistent with international norms. It stipulates that Airbus A320 aircraft must carry a minimum of 4 cabin attendants for up to 162 passenger seats, and Fokker F100 aircraft must carry a minimum of 2 cabin attendants for up to 100 passenger seats. This direction also mandates that passenger briefing in self-help exit rows must align with CASA-approved procedures as outlined in the operator's operations manual. The direction is subject to disallowance in the Parliament under the Legislative Instruments Act 2003 and is effective from 1 January 2012 to the end of June 2012.
Key Provisions
The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, specifically section 98(1), enable the Governor-General to issue regulations that ensure the safety of air navigation. Regulation 208 of these Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on aircraft, taking into account the safety of air navigation. This is elaborated in subparagraph 6.1(b) of Civil Aviation Order 20.16.3 (CAO 20.16.3), which, among other things, mandates 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. This requirement has remained unchanged since 1960.
Under the new direction, for Airbus A320 aircraft, the certification criterion stipulates a minimum of 4 cabin attendants for a maximum of 162 passenger seats. Similarly, for Fokker F100 aircraft, the certification criterion is 2 cabin attendants for a maximum of 100 passenger seats. This direction also mandates that the evacuation of a full complement of passengers must be achievable within 90 seconds, as specified in Schedule 1 of the instrument. Additionally, the briefing of passengers in self-help exit rows must be in accordance with CASA's approval and as detailed in the operator's operations manual.
The obligations imposed by this direction on the parties it governs include demonstrating the safety procedures specific to the operator. CASA requires operators to prove that their evacuation procedures are safe and effective. This involves a detailed evaluation of the procedures and the capability of the cabin crew in managing an emergency evacuation within the stipulated 90 seconds. Operators must also ensure that all passengers, particularly those seated in self-help exit rows, are adequately briefed and understand their roles during an evacuation.
Any failure to comply with the requirements set out in this direction can result in significant legal consequences. Breaches of these safety regulations can lead to enforcement actions by CASA, which may include fines and other penalties. The specific penalties for non-compliance are not detailed in the explanatory statement but generally, under the Civil Aviation Act 1988, penalties can include substantial financial penalties and potential criminal charges for serious safety violations. It is essential for operators to adhere strictly to these regulations to avoid such consequences.