Federal Register of Legislation - Australian Government

Primary content

CASA 86/19 Directions/Civil Aviation as made
This instrument allows Alliance Airlines Pty Limited to operate a stated aircraft with 1 cabin attendant for each unit of 50 passengers or less.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 29 Oct 2019
Tabling HistoryDate
Tabled Senate11-Nov-2019
Tabled HR25-Nov-2019
To be repealed 25 Mar 2021
Repealed by Self Repealing

Explanatory Statement

Civil Aviation Regulations 1988

Civil Aviation Safety Regulations 1998

CASA 86/19 — Number of Cabin Attendants (Alliance Airlines Pty Limited) Direction 2019

Purpose

The purpose of CASA 86/19 — Number of Cabin Attendants (Alliance Airlines Pty Limited) Direction 2019 (the instrument) is to enable Alliance Airlines Pty Limited (Alliance Airlines) to carry at least 1 cabin attendant for each unit of 50 passengers or less, on a flight of a Fokker F28 MK 0070 series aircraft that has the certified maximum passenger seating capacity of 85 passengers or a flight of a Fokker F28 MK 0100 series aircraft that has the certified maximum passenger seating capacity of 109 passengers.

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1998 (CASR).

 

Subpart 11.G of CASR enables the Civil Aviation Safety Authority (CASA) to issue directions in relation to matters affecting the safety of air navigation. Paragraph 11.245 (1) (a) of CASR empowers CASA, for subsection 98 (5A) of the Act, to issue a direction about any matter affecting the safe navigation and operation of aircraft.

 

Under subregulation 11.245 (2), CASA may issue such a direction:

(a)   only if CASA is satisfied it is necessary to do so in the interests of the safety of air navigation; and

(b)   only if the direction is not inconsistent with the Act; and

(c)   only for the purposes of CASA’s functions.

 

Under paragraph 11.250 (a) of CASR, a direction under regulation 11.245 ceases to be in force on the day specified in the direction. Under regulation 11.255 of CASR, it is an offence of strict liability if a person contravenes a direction under regulation 11.245.

 

Under regulation 208 of CAR, CASA may give directions relating to the operating crew members required to be carried on an aircraft during a flight, having regard to the safety of air navigation.

 

Subparagraph 6.1 (b) of Civil Aviation Order (CAO) 20.16.3 was made under regulation 208 of CAR. It states that if an aircraft, engaged in charter, or regular public transport, operations carries more than 36 but not more than 216 passengers on a flight, it must carry at least 1 cabin attendant for each unit of 36 or less passengers carried.

 

Under Part 1 of the CASR Dictionary:

type certificate data sheet (TCDS) means a sheet attached to a type certificate for an aircraft, aircraft engine or propeller that sets out the limitations prescribed by the applicable airworthiness requirements for the aircraft, aircraft engine or propeller, and any other limitations and information necessary for type certification of the aircraft, aircraft engine or propeller.

 

Background

The minimum cabin attendant-to-passenger ratio requirement stated in subparagraph 6.1 (b) of CAO 20.16.3 is a unique Australian requirement, which is more onerous than the equivalent requirement applying in other countries. The minimum ratio permitted in Europe, the United States of America and most other countries is for an airline to carry at least 1 cabin attendant for each unit of 50 or less passengers carried on a flight of an aircraft. CASA permits operators to adopt the internationally-accepted ratio in certain circumstances, as assessed on a case-by-case basis. The internationally-accepted ratio will apply from the commencement of the Civil Aviation Safety Amendment (Part 121) Regulations 2018 (Part 121 of CASR).

 

Content of instrument

Section 1 states the name of the instrument.

 

Section 2 states the duration of the instrument.

 

Section 3 contains definitions of terms used in the instrument. In particular:

relevant aircraft means:

(a)   the Fokker F28 MK 0070 series aircraft, with a type certificate data sheet that provides for a maximum seating capacity of 85 passengers;

(b)  the Fokker F28 MK 0100 series aircraft, with a type certificate data sheet that provides for a maximum seating capacity of 109 passengers.

 

Section 4 states the instrument applies to Alliance Airlines in relation to its operation of the relevant aircraft in charter, or regular public transport, operations.

 

Subsection 5 (1) overrides the minimum cabin attendant-to-passenger ratio requirement stated in subparagraph 6.1 (b) of CAO 20.16.3.

 

Subsection 5 (2) directs Alliance Airlines to assign for duty at least 1 cabin attendant for each unit of 50 passengers or less carried on a flight of the relevant aircraft.

 

Subsection 5 (3) directs Alliance Airlines to give written notice to CASA of any proposed revision of any part of Alliance Airlines’ operations manual that relates to emergency procedures for the relevant aircraft, including in relation to exits. Under subsection 5 (4), the notice must be given at least 14 days before making the proposed revision.

 

CASA is satisfied it is necessary to issue the directions in the interests of the safety of air navigation.

 

Documents incorporated by reference

The instrument incorporates by reference CAO 20.16.3 in accordance with section 10 of the Acts Interpretation Act 1901 and section 13 of the Legislation Act 2003 (the LA). This document is a disallowable legislative instrument made under CAR, and is freely available on the Federal Register of Legislation.

 

Subsection 98 (5D) of the Act states that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing at a particular time, or from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

 

The instrument incorporates by reference the TCDS, for the relevant aircraft, as it exists at the commencement of the instrument. The European Union Aviation Safety Agency of the European Union (EASA) has published the TCDS for the relevant aircraft. The document is freely available, and accessible via the Internet on the following webpage:

https://www.easa.europa.eu/documents/type-certificates/aircraft-cs-25-cs-22-cs-23-cs-vla-cs-lsa/easaa037

 

Legislation Act 2003

The instrument is being registered as a legislative instrument. Therefore, it is a legislative instrument under subsection 8 (3) of the LA, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

Initial consultation under section 17 of the LA was undertaken following the issue of the CASA report that recommended the recognition of the US Federal Aviation Administration and EASA certification standards in relation to setting the ratio of cabin attendants to passenger seats.

 

More recently, CASA consulted extensively with industry and the public about adopting the ratio of at least 1 cabin attendant for each unit of 50 passengers or less for a flight of an aircraft engaged in charter, or regular public transport, operations. This ratio has been accepted as the new standard for the operation of aeroplanes under Part 121 of CASR.

 

The instrument has been issued at the request of the operator to continue existing arrangements. CASA consulted with the operator before issuing previous instruments on this subject. The policy behind the previous instruments has not changed since they were made. The operation of the previous instruments has been satisfactory.

 

Therefore, CASA is satisfied that, for section 17 of the LA, no further consultation is appropriate or reasonably practicable for the instrument.

 

Office of Best Practice Regulation (OBPR)

A Regulatory Impact Statement (RIS) is not required in this case as the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for directions (OBPR id: 14507).

 

Senate Committee concerns

The direction provides for the operator to meet a standard for cabin attendant 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

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights as it does not raise any human rights issues.

 

Making and commencement

The instrument has been made by a delegate of CASA, relying on the power of delegation under subregulation 11.260 (1) of CASR.

 

The instrument commences on 1 November 2019, and is repealed at the earlier of the following:

(a)   the commencement of Part 121 of CASR;

(b)   the end of 30 September 2021.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

CASA 86/19 — Number of Cabin Attendants (Alliance Airlines Pty Limited) Direction 2019

 

The 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 to operate a stated aircraft with 1 cabin attendant for each unit of 50 passengers or less.

 

Human rights implications

The legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority