Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants
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 47 year gap since a reassessment of cabin attendant
numbers against a criterion of allowable seating rather than passenger numbers.
CASA recognises the French Republic as a country whose
regulations are recognised for aircraft type acceptance. The Airbus 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 procedures that are specific to the operator, which are
evaluated, thus there is a subtle 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 direction will allow Jetstar Airways Pty Limited (Jetstar)
to operate the A320 aircraft with 4 cabin attendants. Jetstar has addressed the
risks associated with the proposed change to procedures. Jetstar has also 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 A320
satisfied the requirements of the Joint Aviation Authorities (Europe). CASA is
satisfied the evacuation of a full complement of passengers could be achieved within
90 seconds, following the DGAC guidelines for certification demonstrations.
To ensure the safety of air navigation, the exemption is
subject to conditions. For example, only physically competent (able-bodied)
persons may occupy seats in the overwing emergency exit rows. During the
aircraft take-off, landing operation and in prepared emergencies, each overwing
exit row must be occupied by a minimum of 2 physically competent
(able-bodied) persons. All passengers seated in the overwing emergency exit
rows must receive and respond to a briefing on the opening of overwing
emergency exits and subsequent actions required in the event of an emergency.
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 under section 17 of the LIA has not been
undertaken in this case because the instrument is similar to a previous
instruments issued to another operator.
The direction has been issued by a delegate of CASA. It commences
on the day after it is registered and stops having effect at the end of 30
September 2009.
[Instrument number CASA 222/07]