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. Subsection 7 and subparagraph 6.1 (b) of Civil Aviation Order 20.16.3 (CAO 20.16.3) were made under regulation 208 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 number.
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 of the United States of America (the FAA) certification standards and the Joint Aviation Authorities (Europe), now European Aviation Safety Agency, standards. The recommendation was adopted.
The Fokker F28 MK 0100 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. Fokker Services Technical Services undertook an analysis of the certification processes which demonstrated that a 2 cabin crew member operation with up to 100 passengers was in full compliance with the applicable design and operational requirements of Joint Aviation Authorities (Europe), now European Aviation Safety Agency.
CASA is satisfied that the evacuation of a full complement of passengers for the Fokker F28 MK 0100 is able to be achieved in a time of 90 seconds. CASA is satisfied that the evacuation procedures adopted by the operator to support their application to operate with the certification criterion of 2 cabin attendants have been demonstrated successfully. The maximum permitted time of 90 seconds is set out as a condition in Schedule 1 of the instrument.
CASA does not consider that safety would be compromised if a Fokker F28 MK 0100 aircraft carried cabin attendants during operations with a complement of 1 cabin attendant to 50 seats, or part of that number, fitted to the aircraft.
The 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, as well as the requirement that the evacuation must be completed in not more than 90 seconds.
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 (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
Consultation has not been undertaken because the instrument remakes CASA 427/09 which ceases to have effect at the end of 31 August 2011. The remake is to correct a minor error in the description of the aircraft by removing the reference “FK series” in the aircraft description. CASA had consulted on the making of the previous instrument.
Senate Regulations and Ordinances Committee concerns
This Direction provides for the particular 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 safe standard, consistent with international safety standards and practice.
The direction is the latest of a small 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.
However, the Senate Standing Committee on Regulations and Ordinances has commented on the absence of broader industry consultation for the particular measures. As a result, CASA has accelerated the creation of a joint CASA/industry Cabin Crew Ratio Project Team (CCRPT) with a view to extensive industry consultation on proposals to amend CAO 20.16.3 in relation to cabin crew ratios.
The CCRPT had its first meeting on 10 June 2009, attended by representatives of the industry most likely to be affected by changes to the current cabin crew standard, including, the Australian and International Airline Pilots Association (AIPA), the Flight Attendants Association of Australia (FAAA), Qantas Airways Limited, QantasLink, Virgin Blue Airlines Pty Ltd, National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services, and Skywest Airlines Pty Ltd. The project teams also include a CASA expert on the subject of cabin crew ratios.
Work and discussions are underway with a view to the production of a draft Civil Aviation Advisory Publication (CAAP), CAO drafting instructions and public Notice of Proposed Rule Making (NPRM). Proposed application of the 1:50 international standard for charter and regular public transport operations generally gives rise to the need to consider various safety-related matters and this is currently underway through the joint project team.
When finalised and registered, the CAO amendments would contain new standard and relevant conditions. These would remove the current need to issue, if appropriate, directions requested by individual operators for their particular operations.
However, pending the finalisation of the project team’s work on the CAO, it is essentially unavoidable that CASA will issue or renew a small number of individual directions to operators on the same basis as has previously been done.
The instrument commences on the day after it is registered and stops having effect at the end of 31 August 2011.
The Direction has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 518/09]