Federal Register of Legislation - Australian Government

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CASA 389/08 Directions/Civil Aviation as made
This instrument allows Qantas Airways Limited to operate Australian registered Boeing 737-800 series aircraft, carrying 50 or fewer passengers, with 1 cabin attendant.
Administered by: Infrastructure and Regional Development
Made 28 Jul 2008
Registered 31 Jul 2008
Tabled HR 26 Aug 2008
Tabled Senate 26 Aug 2008
Date of repeal 19 Mar 2014
Repealed by Civil Aviation (Spent and Redundant Instruments) Repeal Regulation 2014
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
Expiry Date:
Resolution Date:
Resolution Time:

Instrument number CASA 389/08

I, MICHAEL DAVID QUINN, Deputy Chief Executive Officer, Operations, a delegate of CASA, make this instrument under regulation 208 of the Civil Aviation Regulations 1988.

[Signed M.D. Quinn]

Mick Quinn
Deputy Chief Executive

28 July 2008

1          Duration

            This instrument:

(a)   commences on 1 August 2008; and

(b)   stops having effect at the end of 31 July 2009.

2          Application

            This instrument applies to an aircraft mentioned in section 3 operated by Qantas Airways Limited, Aviation Reference Number 216147 (the operator), that is engaged in regular public transport operations while carrying 50 or less passengers.

                Note   Instrument CASA 390/08 refers to aircraft carrying more than 50 passengers.

3          Direction

            In spite of subparagraph 6.1 (b) of Civil Aviation Order 20.16.3 (CAO 20.16.3), the operator may operate an Australian registered Boeing 737-800 series aircraft with a type data certificate that provides for a maximum seating capacity of 189 passengers if there is 1 cabin attendant for every 50 passenger seats or part of that number.

                Note   CAO 20.16.3 applies in all other respects to an aircraft referred to in this section.

4          Conditions

            This direction is subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

      1     Only physically competent (able-bodied) persons may occupy seats in the overwing emergency exit rows.

      2     The number of able-bodied persons available to occupy seats in the overwing emergency exit rows must be determined only after the weight and balance requirements applicable to the loading of the aircraft have been complied with.

      3     If there are less than 8 able-bodied persons available, they must be seated in the overwing exit rows in the following order of precedence for rows and seats:

(a)   row 13 — seats A and B (in that order);

(b)   row 13 — seats D and F (in that order);

(c)   row 14 — seats A and B (in that order);

(d)   row 14 — seats D and F (in that order).

      4     If an overwing exit row is not occupied by an able-bodied person, the preflight safety briefing must be modified to refer only to those overwing exit rows in which an able-bodied person or persons is, or are, seated.

5All passengers seated in the overwing emergency exit rows must receive and respond to a briefing approved by CASA which instructs them in the opening of overwing emergency exits and subsequent actions required in the event of an emergency.

6The operator must ensure that the aircraft can be evacuated in 90 seconds.

7Arrangements for the seating and briefing of passengers must be in accordance with procedures set out in the operator’s operations manual and approved by CASA.