Federal Register of Legislation - Australian Government

Primary content

CASA 390/08 Directions/Civil Aviation as made
This instrument allows Qantas Airways Limited to operate Australian registered Boeing 737-800 series aircraft, carrying more than 50 passengers, with 1 cabin attendant for every 50 passenger seats or part of that number.
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Repealed by Civil Aviation (Spent and Redundant Instruments) Repeal Regulation 2014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 390/08

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

   (1)     Subject to subsection (2), this instrument applies to the aircraft mentioned in section 3 that is:

(a)   operated by Qantas Airways Limited, Aviation Reference Number 216147 (the operator); and

(b)   engaged in regular public transport operations.

   (2)     This instrument does not apply to aircraft carrying 50 or less passengers.

                Note   Instrument CASA 389/08 refers to aircraft carrying 50 or less 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

            The 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     During the aircraft take-off, landing operation and in prepared emergencies, each overwing exit row must be occupied by a minimum of 2 able-bodied persons.

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

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

      5     Arrangements 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.