{"id":"F2005B00797","name":"Civil Aviation Order 20.16.3 - Air service operations - Carriage of persons (02/12/2004)","slug":"civil-aviation-order-20-16-3-air-service-operations-carriage-of-persons-02-12-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32222,"registerId":"commonwealth-F2005B00797-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Order 20.16.3 - Air service operations - Carriage of persons (02/12/2004)","content":"Civil Aviation Order 20.16.3 (as amended)\n\nmade under regulations 208 and 235 of the Civil Aviation Regulations 1988.\n\nThis compilation was prepared on 27 July 2021 taking into account amendments up to Civil Aviation Order 20.16.3 Amendment Instrument 2021 (No. 1).\n\nPrepared by the Advisory & Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.\n\nCompilation No. 4\n\nContents\n\nAir service operations — carriage of persons\n\nPage\n\n1 Application\n\n2 Definitions\n\n3 Seats\n\n4 Seat belts and safety harnesses\n\n5 Adjustment of seats\n\n6 Cabin attendants\n\n6A Manned balloons and hot air airships\n\n7 Aisles\n\n8 Smoking\n\n9 Stowage of loose articles\n\n10 Passenger service\n\n11 Carriage of passengers in seats at which dual controls are fitted\n\n12 Passenger capacity\n\n13 Carriage of infants and children\n\n14 Persons or passengers who require assistance due to sickness, injury  \nor disability\n\n15 Carriage of parachutists\n\nNotes to Civil Aviation Order 20.16.3\n\nSection 20.16.3\n\nAir service operations — carriage of persons\n\n1 Application\n\nThis section applies to all Australian registered aircraft.\n\n2 Definitions\n\nIn this section, unless a contrary intention appears:\n\n> An aisle is a longitudinal passageway between seats.\n\n> A cabin attendant is a crew member, other than a flight crew member, who is qualified in the execution of emergency procedures in accordance with the requirements of section 20.11.\n\n> A child is a passenger who has reached his or her third but not his or her thirteenth birthday.\n\n> An infant is a passenger who has not reached his or her third birthday.\n\n> A passenger is a person who is not a crew member.\n\n3 Seats\n\n3.1 Each crew member and each passenger shall occupy a seat of an approved type:\n\n(a) during take-off and landing; and\n\n(b) during an instrument approach; and\n\n(c) when the aircraft is flying at a height less than 1000 feet above the terrain; and\n\n(d) in turbulent conditions:\n\nexcept:\n\n(i) infants, children and stretcher cases carried in accordance with subsections 13 and 14 respectively; and\n\n(ii) package dispatchers carried in accordance with section 29.5; and\n\n(iii) parachutists carried in accordance with subsection 15.\n\n3.2 Each crew member and passenger shall occupy a seat of an approved type during agricultural operations and during acrobatic manoeuvres.\n\n3.3 The operator of the aircraft must ensure that exit rows in the aircraft are occupied only by persons who are, subject to subsection 14, fully able and willing to assist with access to the emergency exits in the event of an emergency.\n\n4 Seat belts and safety harnesses\n\n4.1 Except as provided in subsections 14 and 15 safety harnesses, or seat belts where safety harnesses are not fitted, shall be worn by all persons at the times listed in paragraph 3.1. Seat belts and safety harnesses shall be adjusted to fit the wearer without slack.\n\n4.2 At least 1 pilot crew member shall wear a seat belt or harness at all times during flight.\n\n4.3 When a cabin attendant is not required to be carried in an aircraft, and the passenger seating capacity is 10 seats or more, an approved and serviceable electronic public address system shall be provided to enable the pilot in command to notify passengers when a seat belt or safety harness is to be worn.\n\n5 Adjustment of seats\n\n5.1 All seats (with the exception of those specified in paragraph 5.2) shall be adjusted to their upright position for take-off and landing.\n\n5.2 When it is desirable through illness or other incapacity that a passenger’s seat remains in the reclined position during take-off or landing, that seat, notwithstanding the provision of paragraph 5.1, may be left reclined during take-off or landing if it is forward facing, there is no person occupying the seat immediately behind, and it will not impede the egress of any person in an emergency evacuation.\n\n6 Cabin attendants\n\n6.1 Subject to subsection 6A, aircraft engaged in charter or regular public transport operations shall carry cabin attendants appropriate to their passenger complement as follows:\n\n(a) aircraft carrying more than 15 but not more than 36 passengers shall carry a cabin attendant, except that aircraft:\n\n(i) carrying not more than 22 passengers, at least 3 of whom are infants or children; and\n\n(ii) crewed by 2 pilots;\n\nneed not carry a cabin attendant if the duties and responsibilities of the flight crew concerning the briefing and control of passengers in normal and emergency operations are specified in the operations manual;\n\n(b) aircraft carrying more than 36 but not more than 216 passengers shall carry at least 1 cabin attendant for each unit of 36 passengers or part thereof;\n\n(c) aircraft carrying more than 216 passengers shall carry the number of cabin attendants as prescribed by CASA which shall not be less than 1 cabin attendant for each floor level exit in any cabin with 2 aisles;\n\n(d) notwithstanding the specifications of (a), (b) and (c) above, in an aircraft in which cabin attendants are required to be carried, there shall be not less than 1 cabin attendant in each separate compartment occupied by passengers, and, where the number of cabin attendants used in the emergency evacuation demonstration required by section 20.11 was in excess of the numbers required by (a), (b) or (c) above, the number of cabin attendants on an aircraft shall be not less than the numbers required by (a), (b) or (c) as applicable plus the excess number of attendants used in the demonstration.\n\n6.2 When cabin attendants must be carried in accordance with paragraph 6.1, the number of cabin attendants need not be increased when infants or children are carried and the total number of passengers exceeds that permitted by the number of cabin attendants provided that:\n\n(a) the number of excess passengers does not exceed 5% (to the next highest whole number); and\n\n(b) the excess passengers are infants or children.\n\n6.3 When parachutists are carried on aircraft engaged in parachuting operations they shall not be regarded as passengers for the purpose of determining the number of cabin attendants required.\n\n6A Manned balloons and hot air airships\n\nA manned balloon or hot air airship engaged in charter operations need not carry a cabin attendant if:\n\n(a) the operator’s operations manual (the manual) mentions the duties and responsibilities of the pilot in command for the briefing and control of passengers in normal and emergency situations; and\n\n(b) for a manned balloon or hot air airship that has more that 2 passenger compartments — the pilot in command has a separate compartment centrally located among the passenger compartments; and\n\n(c) during the operations:\n\n(i) the number of passengers does not exceed 24; and\n\n(ii) an approximately equal weight of passengers is located in each of the passenger compartments; and\n\n(iii) not more than 6 passengers are located in each passenger compartment; and\n\n(iv) the passengers are always in a position to hear any instructions given by the pilot in command; and\n\n(d) during passenger loading and launching operations, and as far as possible during landing and passenger unloading operations, at least the following are available to help the pilot with loading or unloading passengers:\n\n(i) if not more than 16 passengers are carried — 1 ground crew member trained in accordance with the manual (a trained ground crew member); and\n\n(ii) if more than 16 passengers are carried — 2 trained ground crew members, with 1 at either end of the basket or as directed by the pilot in command of the balloon; and\n\n(e) the manual contains a detailed statement of ground crew training and duties, including a system to record for each trained ground crew member when and how he or she successfully completed training; and\n\n(f) the operations are conducted in accordance with all other relevant requirements of this Order.\n\n> Note Subject to compliance with certain conditions, Civil Aviation Order 95.53 exempts a manned balloon or hot air airship, engaged in aerial work or charter operations, from the requirements of regulation 251 of the Civil Aviation Regulations 1988 concerning seat belts and safety harnesses. Therefore, subsections 3, 4, 7 and 15 of Civil Aviation Order 20.16.3 do not apply to such a manned balloon or hot air airship.\n\n7 Aisles\n\n7.1 An aircraft which is engaged in charter or regular public transport operations and which is required by subsection 6 to carry 1 or more cabin attendants shall be provided with an aisle, which shall at all times enable the cabin attendants to have unobstructed passage through the compartment from front to rear.\n\n7.2 An aircraft which is engaged in charter or regular public transport operations and which:\n\n(a) carries 15 passengers or fewer; or\n\n(b) satisfies the requirements of subparagraph 6.1 (a)\n\nneed not be provided with an aisle, provided that the relevant requirements of section 20.11 can be complied with.\n\n8 Smoking\n\nPursuant to paragraph 255 (2) (a) of the Civil Aviation Regulations 1988, a notice(s) specifying the periods during which smoking is prohibited may be permanently displayed in the crew compartment and toilets of all aircraft and in the passenger compartment of aircraft which have only 1 passenger compartment and a maximum take-off weight of 5 700 kg or less.\n\n9 Stowage of loose articles\n\n9.1 Loose articles in the cabin of an aircraft, including items of equipment and crew members and passengers’ personal effects, shall be stowed so as to avoid the possibility of injury to persons or damage to the aircraft through the movement of such articles caused by in-flight turbulence or by unusual accelerations or manoeuvres.\n\n9.2 Except as provided for in paragraph 4.2 of section 20.16.2 all aisles, passageways and exits shall be kept clear of obstructions when the aircraft has passengers on board and is in flight below 1 000 feet above terrain or, except when embarking or disembarking passengers, is on the ground.\n\n9.3 All solid articles shall be placed in approved stowage at all times when seat belts are required to be worn in accordance with paragraph 4.1.\n\n9.4 Approved stowage for solid articles means:\n\n(a) under a passenger seat, where the stowage compartment has an approved means of preventing solid articles from shifting forwards; or\n\n(b) in an overhead locker in accordance with the design weight limitation of the locker; or\n\n(c) in any other locker or rack, excluding overhead racks, which have been designed to contain solid articles in flight.\n\n> Note Underseat stowage compartments which comply with the forward restraint provisions of section 103.10 are approved for the purposes of this section.\n\n10 Passenger service\n\nExcept when in use, all items provided for passenger service, such as food containers, vacuum flasks and serving trays, shall be carried in their respective stowages and secured against movement likely to cause injury to persons or damage to the aircraft. In any case, all such items shall be stowed during take-off and landing.\n\n11 Carriage of passengers in seats at which dual controls are fitted\n\n11.1 Except as provided in paragraph 11.2, in all aircraft for which the Certificate of Airworthiness specifies a minimum crew of 1 pilot, a person may occupy a seat at which fully or partially functioning dual controls are fitted if the pilot gives adequate instruction to that person to ensure that the controls are not interfered with in flight and there is satisfactory communication available at all times between the pilot and that person.\n\n11.2 In respect of aircraft engaged in regular public transport operations, the seat referred to in paragraph 11.1 shall not be occupied by a person other than a licensed pilot or an employee of the operator of the aircraft unless approved by CASA. Details of such an approval shall be included in the Operations Manual.\n\n11.3 The provisions of these paragraphs shall not be construed as limiting the exercise of the authority of CASA in accordance with regulation 226 of the Civil Aviation Regulations 1988.\n\n12 Passenger capacity\n\n12.1 The number of passengers carried in an aircraft for which an emergency evacuation demonstration is required by subsection 15 of section 20.11 shall not exceed the number demonstrated or the number otherwise approved by CASA, except that when infants are carried the number may be increased by 5% (to the nearest whole number), provided the excess passengers are infants.\n\n12.2 The number of passengers carried in an aircraft for which an emergency evacuation demonstration is not required may exceed the number of approved passenger seats fitted in the aircraft only if the excess number of passengers:\n\n(a) has been approved by CASA; or\n\n(b) does not exceed the number specified in column 2 of the following table opposite the number of passenger seats specified in column 1;\n\nand the excess passengers are infants or children:\n\nTable\n\n| Column 1No. of passenger seats | Column 2No. of excess passengers |\n| ------------------------------ | -------------------------------- |\n| 2-6                            | 1                                |\n| 7-13                           | 2                                |\n| 14-20                          | 3                                |\n| 21-26                          | 4                                |\n| 27-39                          | 5                                |\n| 40-44                          | 6                                |\n\n13 Carriage of infants and children\n\n13.1 Where their combined weight does not exceed 77 kg, 2 children may occupy 1 seat if:\n\n(a) seated side by side; and\n\n(b) restrained by a lapstrap only; and\n\n(c) the seat-belt is adjusted to secure both children at all times when a seat belt is required to be worn.\n\n13.2 (1) An infant may be carried in the arms or on the lap of an adult passenger, in a bassinet or in an infant seat in accordance with paragraphs 13.3, 13.4, 13.5 and 13.6 providing the bassinet or infant seat is restrained so as to prevent it from moving under the maximum accelerations to be expected in flight and in an emergency alighting, and precautions are taken to ensure that, at the times seat belts are required to be worn, the infant will not be thrown from the bassinet or infant seat under these accelerations.\n\n(2) When an infant is carried in the arms or on the lap of a passenger in accordance with subparagraph 13.2 (1) the seat belt, when required to be worn, shall be fastened around the passengers carrying or nursing the infant, but not around the infant.\n\n(3) When an infant is carried in the arms or on the lap of a passenger in accordance with subparagraph 13.2 (1) on an aircraft engaged in charter or regular public transport operations, the name of the infant shall be bracketed on the passenger list with the name of the person carrying or nursing the infant.\n\n(4) An infant must not be carried in an exit seat during take-off or landing unless the pilot in command is satisfied that the infant’s presence in the seat will not obstruct or hinder the escape of other persons from the aircraft.\n\n(5) In subparagraph (4), exit seat means a seat that is in a row of seats adjoining an exit.\n\n13.3 An infant seat, being a seat designed for the seating and restraint of infants, must not be used on an aircraft unless CASA or a recognised authority has approved the seat in writing as being of a type that is suitable for use by infants in an aircraft.\n\n13.4 In paragraph 13.3, recognised authority means the Civil Aviation Authority of the United Kingdom, the Federal Aviation Administration of the United States of America or the authority of another country that is responsible for the safety of air navigation and that CASA declares in writing to be a recognised authority for the purposes of paragraph 13.3.\n\n13.5 An infant seat must not be used on an aircraft:\n\n(a) if it is secured to a side-facing seat; or\n\n(b) unless it is secured at all times during the flight, by means of a seat belt or as otherwise approved, to a seat ordinarily used by an adult passenger.\n\n13.6 The use of an infant seat on an aircraft is subject to such conditions (if any) of which CASA notifies the operator of the aircraft in writing.\n\n14 Persons or passengers who require assistance due to sickness, injury or disability\n\n14.1 The operator of an aircraft must, as much as possible, identify any person on the aircraft who requires assistance due to sickness, injury or disability.\n\n14.2 Subject to paragraph 14.5, the operator and pilot in command of an aircraft must ensure that any person who requires assistance due to sickness, injury or disability is not seated where he or she could obstruct or hinder access to any emergency exits.\n\n14.3 If a person who requires assistance due to sickness, injury or disability is carried on an aircraft, the operator and pilot in command must:\n\n(a) take all reasonable precautions to prevent hazards to other persons on the aircraft; and\n\n(b) ensure that there are procedures in place to enable particular attention to be given to any such passenger in an emergency; and\n\n(c) ensure that individual briefings on emergency procedures are given to any such person in accordance with Civil Aviation Order 20.11.\n\n14.4 The carriage of stretcher patients on any aircraft must be in accordance with the following requirements:\n\n(a) the stretcher must be secured in the aircraft so as to prevent it from moving under the maximum acceleration likely to be experienced in flight and in an emergency alighting such as ditching;\n\n(b) the patient must be secured by an approved harness to the stretcher or aircraft structure.\n\n> Note Psychiatric restraint equipment is not an approved harness for this purpose.\n\n14.5 Paragraph 14.2 does not apply in relation to a rotorcraft or a smaller aeroplane if:\n\n(a) the person who requires assistance is accompanied, or assisted, for the flight by a suitable person who is seated adjacent to the emergency exit; and\n\n(b) the suitable person is accompanying or assisting only that person for the flight; and\n\n(c) the suitable person has agreed to assist the crew with the evacuation of the aircraft in an emergency.\n\n14.6 For the purposes of paragraph 14.5:\n\n> rotorcraft means:\n\n(a) a helicopter; or\n\n(b) a gyroplane; or\n\n(c) a powered-lift aircraft.\n\n> smaller aeroplane means an aeroplane that has:\n\n(a) a maximum passenger seating capacity of not more than 9; and\n\n(b) a maximum take-off weight of not more than 8 618 kg.\n\n> suitable person: a person is a suitable person if the person:\n\n(a) is reasonably fit, strong, and able to assist with the rapid evacuation of the aircraft in an emergency; and\n\n(b) would not, because of a condition or disability, including an inability to understand oral instructions, hinder:\n\n(i) other passengers during an evacuation of the aircraft in an emergency; or\n\n(ii) the aircraft’s crew in carrying out their duties in an emergency.\n\n15 Carriage of parachutists\n\n15.1 Where a parachutist is not provided with a seat of an approved type, he or she shall be provided with a position where he or she can be safely seated.\n\n15.2 During the times specified in paragraph 3.1, he or she shall, except when he or she is about to jump:\n\n(a) occupy a seat or a seating position;\n\n(b) wear, adjusted to ensure adequate restraint;\n\n(i) a seat belt; or\n\n(ii) a safety harness; or\n\n1.  a parachute connected to an approved single point restraint.\n\n> Notes to Civil Aviation Order 20.16.3\n\n> Note 1\n\n> Note: The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 20.16.3 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Orders\n\n| Year andnumber         | Date of notificationin Gazette/registration on FRLI | Date ofcommencement        | Application, saving ortransitional provisions |\n| ---------------------- | --------------------------------------------------- | -------------------------- | --------------------------------------------- |\n| CAO 2004 No. R17       | 8 December 2004                                     | 8 December 2004 (see s. 2) |                                               |\n| CAO 20.16.3 2006 No. 1 | FRLI 30 June 2006                                   | 1 July 2006 (see s. 2)     |                                               |\n| CAO 20.16.3 2006 No. 2 | FRLI 17 October 2006                                | 18 October 2006 (see s. 2) |                                               |\n| CAO 20.16.3 2009 No. 1 | FRLI 31 July 2009                                   | 1 August 2009 (see s. 2)   |                                               |\n| CAO 20.16.3 2021 No. 1 | 26 July 2021(F2021L01026)                           | 27 July 2021 (see s. 2)    |                                               |\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:352.7pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:341.9pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmendHead\" style=\"margin-right:0pt\"><span class=\"CharENotesHeading\" style=\"font-size:10pt; font-weight:bold\">Table of Amendments</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; page-break-before:always\"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style=\"width:108pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt; margin-bottom:3pt\"><span>Provision affected</span></p></td><td style=\"width:223.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>How affected</span></p></td></tr></thead><tbody><tr><td style=\"width:108pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">s. 20.16.3</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">subs. 2</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">subs. 3</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">subs. 4</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">subs. 6</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">subs. 6A</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\"></span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">subs. 14</span></p><p style=\"margin-top:3pt; margin-bottom:3pt; line-height:10pt\"><span style=\"font-family:Arial, sans-serif; font-size:9pt\"></span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">subs. 15</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">subs. 16</span></p></td><td style=\"width:223.1pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">rs. CAO 2004 No. R17</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">am. CAO 20.16.3 2006 No. 1, CAO 20.16.3 2009 No. 1</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">am. CAO 20.16.3 2009 No. 1, CAO 20.16.3 2021 No. 1</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">am. CAO 20.16.3 2009 No. 1</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">am. CAO 20.16.3 2006 No. 1</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">ad. CAO 20.16.3 2006 No. 1</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">am. CAO 20.16.3 2006 No. 2, CAO 20.16.3 2009 No. 1</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">rs. CAO 20.16.3 2009 No. 1</span></p><p style=\"margin-top:3pt; margin-bottom:3pt; line-height:10pt\"><span style=\"font-family:Arial, sans-serif; font-size:9pt\">am. CAO 20.16.3 2021 No. 1</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">rep. CAO 20.16.3 2009 No. 1</span></p><p class=\"TableOfAmendHead\" style=\"margin-right:0pt; margin-left:0pt; text-indent:0pt\"><span style=\"font-size:9pt\">am. CAO 20.16.3 2009 No. 1</span></p></td></tr></tbody></table>\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Order remains focused on the carriage‑of‑persons safety regime for Australian-registered aircraft (approved seats, restraints, staffing, and special passenger categories). Amendments over time have added technical detail (for example, manned‑balloon/hot‑air airship conditions in s.6A, numeric allowances for infants/children, and procedural cross‑references) but have not materially widened the subject matter beyond the original safety‑and‑operational scope. The changes refine and add exceptions/conditions rather than convert the instrument to a different policy purpose."},"complexity_factors":["15 substantive provisions (s.1–s.15) with multiple subclauses","5 defined terms in the interpretation section (aisle, cabin attendant, child, infant, passenger)","Frequent numeric thresholds and capacity tables (cabin attendant ratios, passenger capacity table in s.12, 77 kg rule in s.13.1)","Nested exceptions and conditional rules (e.g. seat exceptions for illness s.5.2; infant/child carriage s.13; exit‑row rules s.13.2(4))","Multiple cross-references to other instruments (s.20.11 emergency procedures, s.20.16.2, CAO 95.53, Civil Aviation Regulations regs 208/235/226/251)","Discretionary approvals and operator documentation requirements (CASA approvals, operations manual inclusions s.11.2, s.6.1(d), s.13.6)","Special-case carve-outs (manned balloons/hot air airships in s.6A with detailed conditional requirements and recordkeeping)","Interplay between safety performance demonstrations (evacuation demos) and passenger limits (s.12)","Operationally sensitive terms requiring subjective assessments (\"suitable person\", \"fully able and willing\" in s.6 and s.14)","Amendment history and notes increasing interpretive complexity (several CAO amendments over time)"],"plain_english_summary":"**What this instrument does, simply stated**\n\n- This Civil Aviation Order sets mandatory rules for how people are carried in all Australian-registered aircraft. It tells operators, pilots and cabin crew what seats must be provided and used, when seat belts or safety harnesses must be worn, how many cabin attendants are required, where certain passengers (infants, children, sick or disabled persons, parachutists) may be seated, and how loose articles and passenger-service items must be stowed. (See key provisions: s.3–s.15.)\n\n**Who it affects**\n\n- Aircraft operators and owners (they must supply approved seats, stowage, and appropriate staffing levels and procedures — s.3, s.6).  \n- Pilots-in-command (they must ensure seat-belt rules are followed, brief passengers, and make on-the-spot placement decisions for people who could block exits — s.4, s.11, s.14).  \n- Cabin attendants and ground crew (staffing numbers, duties, and training requirements appear in s.6 and s.6A).  \n- Passengers (including infants, children, stretchers, parachutists and people needing assistance) because the Order controls where they may sit, restraint requirements and how they are carried — s.13–s.15.\n\n**How it works, mechanically**\n\n- Seats: Every crew member and passenger must sit in an \"approved\" seat during take-off, landing, instrument approach, below 1,000 ft AGL and in turbulence, except where specific exemptions apply (infants, certain parachutists, etc.) (s.3).  \n\n- Restraints: Safety harnesses or seat belts (where harnesses are not fitted) must be worn at those times; at least one pilot must wear a restraint at all times in flight (s.4). Operators with ≥10 seats and no cabin attendant must provide an approved PA system so the pilot can order belts to be worn (s.4.3).  \n\n- Seats and recline: Seats must be upright for take-off and landing unless illness/incapacity requires recline and that recline does not block emergency egress (s.5).  \n\n- Cabin attendants: Number required scales with passenger count (formula in s.6.1). There are narrow exceptions (e.g. small loads of infants/children, or for certain manned balloons/hot-air airships where a pilot and trained ground crew can substitute, subject to conditions in s.6A). Operators must reflect any CASA approvals and any additional attendants used during certification demonstrations in the operations manual (s.6.1(d)).  \n\n- Passenger capacity: For aircraft that require an evacuation demonstration, passenger numbers must not exceed the demonstrated number (plus a 5% allowance for infants). For other aircraft, limited, specified numbers of additional infants/children are permitted without CASA approval (s.12).  \n\n- Infants/children: Two children (combined weight ≤77 kg) may share a single seat restrained by one lapstrap (s.13.1). Infants may be on laps, in approved infant seats or bassinets; infant seats must be approved by CASA or a recognised authority and not used on side-facing seats (s.13.2–13.6).  \n\n- Persons needing assistance: Operators must, as far as possible, identify and seat people so they do not obstruct emergency exits; special procedures, briefings and securing of stretchers apply (s.14). Narrow exceptions allow a \"suitable person\" to be seated adjacent to an exit to assist a disabled passenger on small aeroplanes and rotorcraft (s.14.5–14.6).  \n\n- Parachutists: If not provided a certified seat they must have a safe seating position and be restrained when not about to jump (s.15).\n\n**Who decides and what discretion exists**\n\n- CASA (Civil Aviation Safety Authority) has approval and declaration powers (e.g. approval of infant seats, approving extra passengers, and general safety approvals) and operators must record approvals in operations manuals (s.11.2, s.13.3–13.6, s.12).  \n- The pilot-in-command has operational discretion (placing passengers, approving infant in an exit row, ensuring briefings and evacuation readiness) (s.11.1, s.13.2(4), s.14.2–14.3).\n\n**Costs, incentives and trade-offs**\n\n- Direct compliance costs fall on operators: installing approved seats/restraints, maintaining approved stowage, fitting PA systems for some aircraft, training cabin attendants/ground crew, and keeping records of approvals and training (s.3, s.4.3, s.6A(e)).  \n- Staffing rules (s.6) increase labour costs for larger aircraft; small allowances for infants (s.12.1, s.13.1) allow slightly higher ticketed passenger numbers (a small revenue benefit) but require additional attention to restraint and evacuation procedures.  \n- The manned‑balloon/hot‑air exception (s.6A) reduces the need for cabin attendants in tightly specified circumstances, shifting safety responsibility to the pilot, the operations manual and trained ground crew — an operational simplification that requires documented training and weight distribution controls.  \n- CASA approvals create administrative friction and potential delays for non-standard configurations (approved infant seats, excess passengers, seat exceptions), which can constrain equipment suppliers and airline product choices (s.11.2, s.13.3).\n\n**Implementation and compliance risks**\n\n- The Order depends on operators’ operations manuals, CASA approvals and pilot judgement. That creates some variability in how requirements are applied in the field (s.6.1(d), s.11.3).  \n- Multiple cross‑references to other orders/regulations (e.g. s.20.11 emergency procedure requirements, CAO 95.53 for some balloon exemptions) mean operators need to consult several instruments to ensure full compliance.\n\n**Relevant sections to look at quickly**: seats/restraints (s.3–s.5), cabin attendants (s.6 and s.6A), infants/children (s.13), persons needing assistance (s.14), parachutists (s.15)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2004 instrument appears to have been a straightforward passenger carriage order. Over 17 years and 5 amendments, it has expanded significantly beyond basic seating and seat belt rules. Major additions include: the entire section 6A for manned balloons (2006), detailed infant seat approval requirements referencing foreign aviation authorities (2009), comprehensive disability access provisions with nested exceptions for small aircraft (2009), and specific stretcher patient harness requirements. The 2021 amendment further refined parachutist restraint options. The instrument now regulates ground crew training for balloons, international infant seat certifications, and psychiatric restraint exclusions—areas well beyond the original scope of basic passenger seating."},"complexity_factors":["Multiple nested exceptions throughout (e.g., infants exempt from seating rules in 3.1, but subject to detailed conditions in section 13)","Cross-references to other Civil Aviation Orders (20.11 for emergency procedures, 20.16.2 for loose articles, 95.53 for balloon exemptions)","Tiered cabin attendant requirements with multiple conditions: base rules in 6.1(a)-(c), plus exceptions for small aircraft with infants in 6.1(a)(i), plus demonstration-based minimums in 6.1(d), plus infant/child excess capacity rules in 6.2","Detailed conditional logic for balloons in section 6A with 6 separate sub-conditions (a)-(f) including passenger compartment limits, weight distribution, and ground crew requirements","Defined terms with age-based thresholds (infant = under 3, child = 3-12) that trigger different rules throughout","Table-based calculation for excess passenger capacity in 12.2 with 6 tiered brackets","Exception to exception in section 14: general prohibition on seating disabled passengers at exits (14.2), with exemption for small rotorcraft/aeroplanes (14.5), which itself has 3 conditions plus nested definitions of 'suitable person', 'rotorcraft', and 'smaller aeroplane'","Multiple references to 'approved' items and 'operations manual' requirements without defining approval criteria within this instrument"],"plain_english_summary":"This Civil Aviation Order sets out the safety rules for carrying people on Australian registered aircraft. It covers everything from seat belts and seating positions to how many cabin crew must be on board and where passengers with disabilities can sit.\n\n**Key requirements include:**\n\n- **When you must be seated and buckled up:** Everyone must be in an approved seat with seat belts or safety harnesses fastened during take-off, landing, instrument approaches, flying below 1,000 feet, and in turbulence. Infants, children, stretcher patients, and parachutists have specific exceptions.\n\n- **Cabin crew numbers:** Aircraft carrying passengers for hire (charter or regular public transport) need cabin attendants based on passenger numbers—generally one attendant per 36 passengers, with minimums even for smaller aircraft. Special rules apply to hot air balloons and airships.\n\n- **Exit row seating:** Only able-bodied passengers willing to help in emergencies can sit in exit rows.\n\n- **Infants and children:** Two children under 13 can share one seat if their combined weight is under 77kg. Infants under 3 can sit on an adult's lap or in an approved infant seat, but not in exit rows during take-off and landing.\n\n- **Passengers needing assistance:** People with sickness, injury, or disability generally cannot sit where they'd block emergency exits, unless on small helicopters or planes with a dedicated helper seated next to the exit.\n\n- **Parachutists:** Special seating and restraint rules apply when carrying parachutists, who don't count as passengers for cabin crew calculations.\n\n- **Loose items:** Everything must be stowed securely during critical flight phases to prevent injury from turbulence.\n\nThe rules aim to ensure passenger safety during normal operations and emergency evacuations, with extra protections for vulnerable passengers."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-order-20-16-3-air-service-operations-carriage-of-persons-02-12-2004","history":"/api/acts/civil-aviation-order-20-16-3-air-service-operations-carriage-of-persons-02-12-2004/history","analysis":"/api/acts/civil-aviation-order-20-16-3-air-service-operations-carriage-of-persons-02-12-2004/analysis","conflicts":"/api/acts/civil-aviation-order-20-16-3-air-service-operations-carriage-of-persons-02-12-2004/conflicts","importantCases":"/api/acts/civil-aviation-order-20-16-3-air-service-operations-carriage-of-persons-02-12-2004/important-cases","documents":"/api/acts/civil-aviation-order-20-16-3-air-service-operations-carriage-of-persons-02-12-2004/documents"}}