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 (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 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 145/09 which expires at the end of 11 March 2011. The direction will allow Sunstate Airlines (Qld) Pty Limited (the operator) to operate the DHC 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 or better than that achieved when the DHC 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 2011. It is hoped that there will be a resolution of the issues involved by then, making the issue of individual directions to operators unnecessary.
There has been a change from the previous direction in that row 1 left-hand seats no longer have to be occupied by able-bodied passengers. The operator had made representations that, with a light passenger load, the aircraft’s centre of gravity was unduly affected by the requirement to occupy self-help exit rows at the prescribed times. CASA accepted those representations in relation to the row 1 left-hand seats. Row 2 right-hand seats still have to be occupied as under the previous direction.
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 (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
For section 17 of the LIA, CASA has consulted both within CASA and with the operator on the proposal.
The instrument commences on 12 March 2011 and stops having effect at the end of 30 June 2011.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 90/11]
Overview
The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, were established to regulate civil aviation activities within the country, ensuring safety and efficiency in air navigation. In 2011, the Civil Aviation Safety Authority (CASA) issued a direction to address a gap in the existing regulations concerning the number of cabin attendants required on aircraft carrying between 36 and 216 passengers, updating a longstanding standard from 1960. This direction was in response to CASA's recommendation to align with international standards from the Federal Aviation Administration and the European Aviation Safety Agency, and it specifically allowed Sunstate Airlines to operate DHC 8-400 aircraft with two cabin attendants. The direction also modified previous requirements to enhance operational flexibility, such as removing the necessity for able-bodied passengers to occupy specific exit row seats under certain conditions. This legislative instrument, declared under the Legislative Instruments Act 2003, was subject to consultation with both CASA and the airline operator and was intended to be temporary until further resolution of the cabin attendant ratio issues.
Scope and Application
The Civil Aviation Regulations 1988, through the direction issued by the Civil Aviation Safety Authority (CASA), mandates specific requirements concerning the number of cabin attendants required on aircraft. This direction applies to Sunstate Airlines (Qld) Pty Limited and specifically concerns the operation of the DHC 8-400 type aircraft. The regulation focuses on ensuring safety during air navigation by specifying that aircraft carrying more than 36 but not more than 216 passengers must have a cabin attendant for every 36 passengers or part thereof, as outlined in CAO 20.16.3. This direction is an update to a previous directive CASA 145/09, which expired at the end of 11 March 2011, and it incorporates changes such as the removal of the requirement for row 1 left-hand seats to be occupied by able-bodied passengers, reflecting CASA's acceptance of the operator's concerns regarding the aircraft's centre of gravity. The direction is effective until the end of 30 June 2011, pending a resolution on the broader cabin attendant ratio issue. The instrument, declared under the Legislative Instruments Act 2003, is subject to parliamentary scrutiny and disallowance.
Key Provisions
The main operative sections of this legislation, as referenced in the Explanatory Statement, are subsection 98(1) of the Civil Aviation Act 1988, regulation 208 of the Civil Aviation Regulations 1988, and subparagraph 6.1(a) of Civil Aviation Order 20.16.3. These provisions permit the Governor-General to make regulations for the Act, and for the Civil Aviation Safety Authority (CASA) to give directions regarding the operating crew required to be carried on an aircraft, with a focus on safety of air navigation. Under these sections, CASA can direct the number of cabin attendants required on an aircraft based on passenger capacity. Specifically, 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. This directive is a renewal of CASA 145/09, allowing Sunstate Airlines (Qld) Pty Limited to operate DHC 8-400 type aircraft with two cabin attendants. The legislation also addresses a change in seating requirements, now allowing row 1 left-hand seats to be occupied by passengers who are not necessarily able-bodied, provided the aircraft’s centre of gravity is not adversely affected.
The obligations and requirements imposed by this legislation on the parties governed by it are multifaceted. CASA is obligated to ensure that the operating crew requirements on aircraft are sufficient to maintain safety of air navigation, as per the Civil Aviation Act 1988 and Civil Aviation Regulations 1988. Sunstate Airlines (Qld) Pty Limited must adhere to the specific cabin attendant ratios as directed by CASA. This includes addressing the risks associated with any changes to procedures and ensuring that passenger awareness and capability are maintained at levels equivalent to or better than those achieved under previous certification standards, such as those of Transport Canada. Additionally, CASA must consult with the operator and internally before issuing any directions that affect the operation of a Civil Aviation Order. These obligations are designed to ensure that all parties involved in the operation of the aircraft comply with safety standards.
The legislation also outlines the offences, penalties, and consequences for breaches of the Act and its associated regulations. As a disallowable instrument under the Legislative Instruments Act 2003, the instrument is subject to tabling and disallowance in the Parliament. If CASA issues a direction that affects the operation of a Civil Aviation Order, it must be declared as a disallowable instrument, thus requiring parliamentary scrutiny. Failure to adhere to CASA's directions regarding cabin attendant ratios and other safety-related requirements could potentially lead to legal action and penalties, although the specific penalties are not detailed within this document. However, it is understood that non-compliance with safety regulations can result in severe consequences, including potential fines, legal action, and suspension or revocation of operating permits.