Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (Alliance Airlines Pty Limited)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and 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 standard in subparagraph 6.1 (b) of CAO 20.16.3 is a unique Australian requirement that is more onerous than the cabin attendant ratio required elsewhere in the world. The ratio permitted in Europe, the USA and most other countries is for an airline to provide 1 cabin attendant for every 50 seats on the aircraft or part of that number. CASA permits operators to use the internationally accepted ratio in some circumstances, assessed on a case-by-case basis.
Background
Alliance Airlines Pty Limited (the operator) has sought a direction permitting the operation of its Fokker F27 Mark 050 series type aircraft with 1 cabin attendant when the aircraft is fitted with 50 seats or less.
During the original certification of the Fokker F27 Mark 050 series type aircraft in the Netherlands, it was demonstrated that the aircraft could be safely evacuated within 90 seconds with the assistance of 1 cabin attendant and 1 flight crew member. CASA does not call for a re‑evaluation of the aircraft design; instead, CASA accepts the original certification assessment. However, CASA requires operators to demonstrate the safety procedures that are specific to the operator, therefore, creating 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.
Instrument
The direction will allow the operator to operate Fokker F27 Mark 050 series type aircraft with 1 cabin attendant when the aircraft is fitted with 50 seats or less. CASA is satisfied that the evacuation of a full complement of passengers on such aircraft is able to be achieved in a time of 90 seconds with only 1 cabin attendant on board.
The maximum permitted evacuation time of 90 seconds is set out as a condition in Schedule 1 of the instrument. The other conditions include a requirement that the arrangements for the seating and briefing of passengers are in accordance with the operator’s operations manual approved by CASA.
The question of cabin attendant ratios under CAO 20.16.3 is subject to ongoing review and the current instrument will only be in force up to the end of 31 August 2018. Instruments of this type are being issued for limited periods only, with the expectation that there will be a resolution of the relevant policy issues that make the issue of individual directions to operators unnecessary.
Legislation Act 2003 (the LA)
Under section 57A of the LA, an instrument is a legislative instrument for section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005. Under regulation 5A of CAR 1988 (which was in force before 1 January 2005), 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 LA.
Consultation
Initial consultation was undertaken following the issue of a CASA report that recommended the recognition of the certification standards of USA and European safety regulators in relation to setting the ratio of cabin attendants to passenger seats.
This instrument has been issued at the request of the operator and is similar to instruments issued to other operators that appear to be accepted by industry. Having consulted with the operator, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Senate Committee concerns
This direction provides for the operator to meet a standard for cabin crew numbers that differs from that currently promulgated in CAO 20.16.3, but is considered to be a standard consistent with international safety standards and practice.
The development and preparation of suitable standards with appropriate conditions is continuing in conjunction with the preparation of new regulations applicable to all air transport operators.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The direction has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on 1 September 2016 and is repealed at the end of 31 August 2018.
[Instrument number CASA 95/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Direction — number of cabin attendants (Alliance Airlines)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument allows Alliance Airlines Pty Limited (the operator), to operate Fokker F27 Mark 050 series type aircraft with 1 cabin attendant when the aircraft is fitted with 50 seats or less. In the absence of this instrument, 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 primary purpose of the legislative instrument is to allow the operator to operate those aircraft with 1 cabin attendant. The direction is subject to conditions, imposed in the interests of aviation safety, about positioning of cabin attendants, seating and briefing of passengers, and the ability to quickly evacuate the aircraft.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority