Civil Aviation Order 20.16.3 - Air service operations - Carriage of persons (02/12/2004)

The Order organises rules around a set of operational safety concepts: approved seats and seating positions, restraint systems and their mandatory times of use, cabin‑attendant provisioning, stowage and restraint of loose items, passenger categorisation (infant, child, passenger, crew), passenger capacity linked to evacuation demonstration, accommodation of persons requiring assistance, and special‑purpose operations (parachuting, ballooning, parachutists).

Approved seats and seating positions: The Order requires each crew member and passenger to occupy an approved seat in certain flight phases (take‑off, landing, instrument approach, below 1 000 feet above terrain, and in turbulence) (s 3.1). There are enumerated exceptions (infants, children, stretcher cases under ss 13 and 14; package dispatchers s 29.5, and parachutists s 15). Seats must also be occupied during agricultural operations and acrobatic manoeuvres (s 3.2). “Approved” is an operative standard , the Order expects conformity with airworthiness and operational approvals and cross‑references the Certificate of Airworthiness in s 11.1.

Restraint systems: Safety harnesses, or seat belts where harnesses are not fitted, must be worn by all persons at the times listed in s 3.1 (s 4.1). Seat belts and harnesses must be adjusted to fit without slack. At least one pilot crew member must wear a seat belt or harness at all times in flight (s 4.2). For some manned balloons CAO 95.53 may exempt them from certain requirements (note to s 6A).

Cabin attendants and aisles: The number of cabin attendants is set by passenger thresholds: 1 cabin attendant for >15-36 passengers (with a limited exception for small mixes of infants/children and two pilots); at least 1 cabin attendant per 36 passengers or part thereof for 36-216 passengers; and for >216 passengers CASA prescribes a figure (not less than 1 per floor level exit in any 2‑aisle cabin) (s 6.1(a)-(c)). Additional rules require at least one attendant in each separate passenger compartment and preserve the numbers used in the evacuation demonstration (s 6.1(d)). An aircraft required to carry cabin attendants must have an aisle that allows unobstructed passage from front to rear for attendants (s 7.1). By contrast, certain small operations (≤15 passengers, or when the exceptions in 6.1(a) apply) need not provide an aisle so long as section 20.11 requirements can be met (s 7.2).

Infants, children and passenger capacity: The Order defines infant (under 3) and child (3-12) and supplies specific rules to fit them into seating regimes, including a two‑child per seat weight cap (combined ≤77 kg, s 13.1), lap‑carriage and bassinet provisions with restraint and approval conditions for infant seats (s 13.2-13.6), and explicit CASA or “recognised authority” approval for infant seats (s 13.3-13.4). Passenger capacity for aircraft that require an emergency evacuation demonstration must not exceed the demonstrated number, with a 5% uplift for infants (s 12.1). For aircraft not requiring a demonstration the Order allows limited excess infant/child carriage subject to CASA approval or a small table of numeric tolerances (s 12.2 and table).

Persons requiring assistance: Operators and pilots must identify, as far as possible, any person requiring assistance, avoid seating such persons so they could obstruct access to emergency exits, take reasonable precautions to prevent hazards to others, ensure procedures for particular attention in an emergency, and give individual briefings in accordance with s 20.11 (s 14.1-14.3). There is a stretcher‑patient standard for securing stretchers and harnessing patients (s 14.4). Exceptions allow seating such persons adjacent to an exit in rotorcraft or smaller aeroplane where a suitable person accompanies them and agrees to assist with evacuation (s 14.5-14.6).

Approval and delegation: The Order establishes CASA’s role in approvals and operational specifications (e.g. s 11.2, 11.3, 13.3-13.6, 6.1(c), and 12.1). It also cross‑links to other CAOs (20.11 re emergency procedures; CAO 95.53 for balloon exemptions) and to the Civil Aviation Regulations 1988 (regulation references noted in the text), embedding the Order within the broader regulatory architecture.

Special operations and exceptions: There are special rules for parachutists (s 15), and a separate, conditional regime for manned balloons and hot‑air airships in partial substitution for the standard cabin attendant requirements (s 6A) including passenger distribution, maximum numbers, ground‑crew training records and the need for passengers to hear the pilot. The Order includes express notes that certain provisions do not apply to balloons if CAO 95.53 exemptions are in force.

In short, the Order converts broad safety objectives into operational constraints, numeric thresholds and CASA approval points that regulate seating, restraint, cabin crew numbers, and the carriage of vulnerable passengers and special‑purpose passengers such as parachutists.

Operators of Australian‑registered aircraft: The Order applies to all Australian‑registered aircraft (s 1). The operator is repeatedly placed with primary responsibilities: ensuring approved seats and stowage, ensuring cabin attendants are carried when required, ensuring passengers who need assistance are identified and not obstructing exits (ss 3, 6, 9, 14). Operators must align operations manuals with specific duties (s 6.1(a), s 6A(a), s 11.2) and maintain records (s 6A(e) for ground crew).

Flight crew and cabin crew: Pilots are required to wear seat belts or harnesses at least one pilot at all times in flight (s 4.2) and have particular briefing and control obligations where cabin attendants are not provided (s 6.1(a) exception, and s 6A for balloons). Flight crew must ensure passengers occupy approved seats in stated flight phases (s 3), ensure seats are upright for take‑off and landing (s 5), and not permit interference with dual controls by passengers absent adequate instruction (s 11.1). Cabin attendants, where required by s 6, are the persons qualified in emergency procedures under s 20.11 and are given roles in ensuring aisles are unobstructed and passengers briefed and assisted.

Passengers and special‑category passengers: Passengers (defined as persons who are not crew) are directly affected by seat and restraint rules (ss 3, 4), seat posture requirements (s 5), stowage rules (s 9), and infant/child carriage rules (s 13). Infants and children are treated separately: infants may sit in laps, bassinets or approved infant seats subject to restraint and approval conditions (s 13.2-13.6). Children can be two to a seat provided combined weight ≤77 kg and certain conditions met (s 13.1). Parachutists are required to occupy safe seating positions and to wear restraints except when about to jump (s 15).

Ground crew and third parties: For manned balloons the Order prescribes ground crew numbers and training/record keeping requirements (s 6A(d)-(e)). Recognised foreign authorities (UK CAA, US FAA, or other CASA‑declared authority) affect suppliers/manufacturers of infant seats by providing routes to approval (s 13.4).

Regulatory decision‑makers: CASA has decision‑making power for approvals referenced throughout the Order: approving infant seat types (s 13.3), approving non‑pilot occupation of dual control seats for RPT operations (s 11.2), prescribing minimum cabin attendants for large aircraft (s 6.1(c)), and approving excess passenger carriage where required (s 12.2(a)). The Order includes a residual statement preserving CASA’s authority under regulation 226 of the Civil Aviation Regulations 1988 (s 11.3).

Those who pay and who decide: Operators bear most of the compliance cost: provisioning equipment (approved seats, infant seats, stowage), staff (cabin attendants), training, operations manual amendments, PA systems where required (s 4.3), and record keeping for ground crew in some balloon operations (s 6A(e)). CASA decides on approvals, exemptions and some prescriptive minimums; the operator/pilot perform day‑to‑day compliance and decisioning about seat assignments, whether a person may occupy a dual‑control seat, and seating of persons requiring assistance.

Supply chain and equipment providers: Manufacturers and suppliers of infant seats seeking use on Australian aircraft must secure written approval by CASA or a recognised authority (s 13.3-13.4). Aircraft interior designers and engineers are affected by stowage design constraints (s 9.4) and forward‑restraint requirements referenced elsewhere (note to s 9.4 referring to s 103.10).

Journalists, investigators and compliance officers: The Order is a primary source when assessing operator compliance on carriage issues such as seating, restraint, cabin‑attendant numbers and emergency briefing procedures, but note the Order itself does not set out enforcement sanctions; enforcement will involve CASA and the broader Civil Aviation Regulations framework (preamble and s 11.3 refer to CASA and the Regulations).

Operator duties

• Provide approved seats for crew and passengers during specified flight phases (take‑off, landing, instrument approach, <1000 ft above terrain, turbulence), subject to enumerated exceptions (s 3.1). The operator must ensure seat belts/harnesses are worn at those times (s 4.1).
• Ensure exit rows are occupied only by persons "fully able and willing to assist" with emergency exit access, subject to the assistance rules in s 14 (s 3.3).
• Carry cabin attendants in at least the numbers mandated by passenger thresholds and compartment layout (s 6.1); ensure at least one attendant in each separate passenger compartment where attendants are required (s 6.1(d)).
• Where cabin attendants are not required and passenger seating capacity is 10 seats or more, provide an approved and serviceable electronic public address system to enable the pilot to notify passengers when seat belts/harnesses must be worn (s 4.3).
• Keep aisles unobstructed for cabin attendants to pass front to rear when cabin attendants are required (s 7.1), and keep aisles and exits clear below 1 000 ft or on the ground except during embarkation/disembarkation (s 9.2).
• Ensure loose articles and passenger service items are stowed in approved stowage during take‑off and landing and when seat belts are required (ss 9.1, 9.3; s 10).
• Comply with infant and child carriage rules, including infant seat approvals, lap carriage procedures, and labelling/bracketing infants on the passenger list (s 13.2(3), s 13.3-13.6).
• Identify persons requiring assistance and avoid seating them where they would obstruct emergency exits, unless the conditions for smaller aeroplanes/rotorcraft apply (s 14.1-14.5). Ensure tailored briefings for such persons in accordance with s 20.11 (s 14.3(b), (c)).

Pilot duties

• Ensure that, during flight, at least one pilot crew member wears a seat belt or harness at all times (s 4.2).
• When cabin attendants are not carried but carriage thresholds would otherwise require them, ensure flight crew have the briefing and control responsibilities stated in the operator’s operations manual (s 6.1(a) exception).
• Provide adequate instruction to any person occupying a dual‑control seat to prevent interference with controls and maintain satisfactory communication (s 11.1). In RPT operations, do not permit non‑licensed pilots or non‑employees to occupy dual‑control seats without CASA approval documented in the operations manual (s 11.2).

Cabin attendant duties

• Be qualified in execution of emergency procedures in accordance with s 20.11 (definition in s 2).
• Where required, ensure passenger safety in normal and emergency operations, and have unobstructed passage through aisles to perform duties (s 7.1).

Rights and approvals

• Operators can seek CASA approval to carry excess infants/children beyond seat numbers in particular circumstances (s 12.2(a)).
• Infant seats require written approval by CASA or a declared recognised authority (s 13.3-13.4). CASA may impose conditions when notifying operators of approval (s 13.6).
• CASA may approve non‑pilots or non‑operator employees to occupy dual‑control seats on RPT aircraft; such approvals must be included in the operations manual (s 11.2).
• For manned balloons/hot‑air airships, operators can rely on the 6A alternative regime instead of carrying cabin attendants where specified operational and manual requirements are met, including passenger distribution and ground crew (s 6A).

Record‑keeping and operations manuals

• Several duties are tethered to contents of the operator’s operations manual: briefing duties where no cabin attendant is carried (s 6.1(a)), duties for balloon pilots (s 6A(a)), and CASA approvals to be recorded in the operations manual (s 11.2). Ground‑crew training records are specifically required for balloon operations under s 6A(e).

Delegation and preservation of CASA authority

• The Order expressly preserves CASA’s authority under regulation 226 (s 11.3) and assigns CASA role in approvals and prescription of minimums (s 6.1(c), s 11.2, s 13.3-13.6), showing an enforcement and discretionary decision role to CASA rather than leaving all decisions to operators.

Practical cross‑obligations

• Several duties interact: for example, carriage of infants can increase passenger numbers by a 5% allowance in some circumstances (s 12.1) but cabin‑attendant counts need not increase for up to 5% excess infants/children subject to conditions (s 6.2). Operators must reconcile these provisions in rostering, weight/ballast and evacuation planning.

The Order itself is an administrative instrument that prescribes duties and approvals; the text compiled here does not list express criminal penalties or monetary fines within its provisions. The Order was made under regulations 208 and 235 of the Civil Aviation Regulations 1988 (preamble), and it cross‑references CASA authorities and regulatory provisions (for example, regulation 226 is cited in s 11.3 and paragraph 255(2)(a) is cited in s 8). Enforcement, sanctions and the detailed compliance regime therefore sit in the wider Civil Aviation Regulations 1988 and the enforcement powers vested in CASA by the enabling legislation.

What the Order does provide that is relevant to enforcement:

• It creates compliance obligations that CASA may audit or inspect: operators must carry specified cabin‑attendant numbers (s 6), install and maintain approved equipment (ss 3-4, 9-10), and keep records or operations‑manual entries (ss 6.1(a), 6A(e), 11.2, 13.6). CASA is explicitly empowered to approve or prescribe in many places (s 6.1(c), s 11.2, s 13.3-13.6), which gives CASA a regulatory decision function that may be enforced administratively.
• The Order preserves CASA’s authority under regulation 226 (s 11.3), signalling that CASA retains statutory enforcement and direction powers under the Civil Aviation Regulations 1988.
• The Order refers to Certificate of Airworthiness requirements (s 11.1). Non‑compliance with CAO requirements may interact with certificate conditions and airworthiness or operational approvals, producing administrative consequences including grounding, conditions on certificates, or other regulatory actions under the Regulations.

Practical enforcement implications and risks

• Because the CAO delegates approvals and prescriptive determinations to CASA, enforcement often takes the form of CASA decisions and administrative action: refusal or withdrawal of approvals, directions to operators or variations to operations manuals, and action under the Regulations. The Order does not itself set out an enforcement ladder or schedules of penalties, so researchers or advisers must consult the Civil Aviation Regulations 1988 and CASA enforcement policy to establish likely sanctions for particular breaches.
• Some requirements create binary compliance points that are readily inspectable (number of cabin attendants s 6, presence of PA system s 4.3, unobstructed aisles s 7.1 and s 9.2, presence of approved infant seats or their approvals s 13.3-13.6). Others impose judgemental duties (identify persons requiring assistance s 14.1; ensure “reasonable precautions” s 14.3(a)) where enforcement may engage proportionality and discretionary decision making by inspectors or CASA.
• The Order formalises numerous record keeping and operations manual obligations (s 6A(e), s 11.2, s 13.6). Failure to maintain required records or manual entries provides a clear basis for administrative sanction.
• The Order creates overlapping duties (e.g. seatbelt use timings s 3.1 and s 4) which may result in multiple potential compliance triggers in inspections; operators should expect enforcement attention at those points that most affect passenger safety (seating/seatbelt regimes, cabin attendant staffing, emergency briefing compliance).

Limitations of the Order for enforcement analysis

• Because the instrument does not itself state fines, criminal offences, or precise enforcement procedures, a definitive list of penalties cannot be derived from this text alone. Those seeking to advise on likely penalties, merits review rights, or judicial review pathways must consult the Civil Aviation Regulations 1988, the Civil Aviation Act and CASA’s published enforcement policy and guidance.

Enabling framework: The Order is made under regulations 208 and 235 of the Civil Aviation Regulations 1988 (preamble). Its requirements must therefore be read against the enabling statute and the wider regulatory framework that defines CASA’s statutory powers, enforcement mechanisms and the legal consequences of breaches.

Cross‑referenced CAOs and Regulations

• Section 20.11: The CAO repeatedly cross‑references section 20.11 for emergency procedures (definition of cabin attendant at s 2; individual briefings at s 14.3(c); compliance prerequisites in s 7.2). Section 20.11 contains the technical emergency training and procedure standards that equip cabin attendants and others to perform evacuation duties. Operators and crew must harmonise their obligations under CAO 20.16.3 with the content of CAO 20.11.
• Regulation 226 of the Civil Aviation Regulations 1988: The Order preserves CASA’s authority under that regulation, affirming the regulator’s statutory decision‑making and enforcement powers (s 11.3).
• Regulation 251 and CAO 95.53: The Order notes that CAO 95.53, subject to conditions, may exempt certain manned balloons/hot‑air airships from regulation 251 of the Civil Aviation Regulations 1988 concerning seat belts and safety harnesses. It further notes that subsections 3, 4, 7 and 15 of this CAO do not apply to such balloons where the exemption operates (note to s 6A). This creates a specific interactions network: an exemption under CAO 95.53 alters the applicability of the standard carriage rules in 20.16.3 for balloons.
• Paragraph 255(2)(a) of the Civil Aviation Regulations 1988: Section 8 invokes this paragraph in relation to the permanent display of notices specifying smoking‑prohibited periods. The CAO uses this regulatory reference to allow certain smoking signage in defined aircraft.
• Certificate of Airworthiness and Aircraft Type Approvals: Section 11.1 invokes the Certificate of Airworthiness as part of the constraint on dual‑control seating; approved aircraft configurations and minimum crew specifications derive from airworthiness certifications and conditions therein. Where a Certificate of Airworthiness specifies minimum crew of 1 pilot, the CAO allows certain passengers to occupy dual‑control seats subject to instruction and communication (s 11.1).
• Recognised authorities: The Order permits CASA to accept approval of infant seats by the UK CAA, the US FAA or other countries declared by CASA (s 13.4). This creates a cross‑jurisdictional approval pathway for equipment compliance and may influence procurement or certification strategies by suppliers and operators.

Operations manual and CASA approvals

• The Order repeatedly ties substantive permissions and exceptions to operations manual content (s 6.1(a), s 6A(a), s 11.2). That means operators must align their manuals both with the CAO and with any CASA approvals or conditions. CASA’s approval and inclusion of details in the operations manual is a key point of administrative interaction between operator documents and regulatory approval.

Other civil and safety laws

• Although the CAO does not expressly reference workplace health and safety or anti‑discrimination law, obligations to accommodate passengers with disability or illness (s 14) will interact in practice with broader legal duties and customer‑service obligations under state and Commonwealth disability discrimination or safety regimes. The CAO prescribes aviation‑specific seating and evacuation considerations but does not displace other legal obligations that may apply to operators.

Practical consequences of these interactions

• Approval chains and delegation mean that compliance is often a multi‑step exercise: obtain or accept an approved infant seat from a recognised authority (s 13.3-13.4), record or include CASA approvals in an operations manual (s 11.2, s 13.6), and implement cabin‑attendant numbers validated by evacuation demonstrations (s 6.1(d), s 12.1). The interplay between evacuation demonstrations, cabin‑attendant numbers and passenger capacity is explicitly linked across the CAOs (ss 6.1(d), 12.1).
• Exemptions (CAO 95.53) can alter applicability of multiple provisions; operators of manned balloons must check both CAO 20.16.3 and CAO 95.53 before assuming normal CAO rules apply.

The compilation includes a Table of Orders and a Table of Amendments showing the CAO’s evolution. The instrument was originally recorded as CAO 2004 No. R17, notified in the Gazette on 8 December 2004 and commencing the same day (Table of Orders). Subsequent amendment instruments listed in the compilation are:

• CAO 20.16.3 2006 No. 1 (FRLI 30 June 2006), commenced 1 July 2006.
• CAO 20.16.3 2006 No. 2 (FRLI 17 October 2006), commenced 18 October 2006.
• CAO 20.16.3 2009 No. 1 (FRLI 31 July 2009), commenced 1 August 2009.
• CAO 20.16.3 2021 No. 1, notified 26 July 2021 (F2021L01026), commenced 27 July 2021.

The Table of Amendments in the compilation identifies how specific provisions were affected by these instruments. The table entries indicate that subsections and provisions were added, amended, repealed or repealed and substituted by those amendment instruments. Specific notes in the Table of Amendments include:

• s 20.16.3 subs. 2 was repealed and substituted (rs.) by CAO 2004 No. R17 (original RS entry).
• subs. 3 and subs. 4 were amended by CAO 20.16.3 2009 No. 1 and by CAO 2021 No. 1 respectively.
• subs. 6 was amended by CAO 20.16.3 2009 No. 1.
• subs. 6A was added (ad.) by CAO 20.16.3 2006 No. 1 (the manned balloon/hot air airship provisions are therefore a later insertion).
• subs. 14 was amended by CAO 20.16.3 2006 No. 2 and CAO 20.16.3 2009 No. 1.
• subs. 15 was repealed by CAO 20.16.3 2009 No. 1 and later amended by CAO 20.16.3 2021 No. 1.

The compilation shows a history of iterative modification without reproducing the textual history of each amendment within the body of the CAO as presented. It is therefore necessary for practitioners to consult the individual amendment instruments and FRLI entries for the precise textual changes, commencement dates and any transitional or saving provisions that might have accompanied those instruments. The compilation’s notes include the FRLI references and commencement dates required to locate full amendment instruments.

Operationally relevant amendment themes apparent from the table

• Introduction of a separate regime for manned balloons and hot‑air airships (subs. 6A added in 2006), reflecting an effort to tailor cabin‑attendant rules for that sector.
• Reworks to definitions and safety obligations (subs. 2-4) across multiple amendment instruments, suggesting iterative refinements to seat, seatbelt and cabin‑attendant provisions.
• Changes to the parachutist and passenger capacity provisions across 2009 and 2021 instruments indicate policy adjustments in those specific activities.

For precise advice on historical obligations at a particular point in time, consult the relevant FRLI entry for each amendment instrument. The compilation’s Table of Amendments gives a roadmap to those instruments but does not reproduce the full text of each amendment.

The compilation of Civil Aviation Order 20.16.3 provided here contains no references to judicial decisions or litigation arising from the Order. The text names no cases and the Notes to the CAO list amendment instruments only. Therefore, the CAO as compiled does not itself supply a litigation history.

What the compilation does enable and what remains to be checked

• Because the Order creates operator obligations and gives CASA approval and enforcement roles, disputes about its application (for example, CASA approvals, interpretation of “suitable person” (s 14.6), cabin‑attendant counts, or the inclusion of conditions in operations manuals) could be litigated or subject to merits review. The CAO itself does not list such litigation.
• To establish actual litigation history, a targeted search in legal databases, administrative tribunals and the Federal Court would be required for cases engaging: CASA administrative decisions under the Civil Aviation Act or the Regulations, operator prosecutions or sanctions, or judicial review of CASA decisions. That search is outside the scope of the compilation provided.
• Regulatory enforcement actions (administrative sanctions, notices, revocations or variations of approvals) may also have been subject to merits review or judicial review. Again, no such decisions are recorded in the CAO text provided.

Practical note for advisers and researchers

• If litigation history is material to a client, one must search FRLI amendment instruments for any transitional or saving provisions noted at the time of amendment and consult case law databases or CASA enforcement records. The CAO compilation is necessary but not sufficient to establish precedential or adjudicated interpretations; it must be supplemented by case law and administrative records searches.

Several specific drafting features and cross‑references in the Order create practical compliance traps or sources of misinterpretation for operators and advisers. These are concrete operational “gotchas” that require attention.

1. Timing triggers for seat use and restraints are phase‑specific and multiple (s 3.1 and s 4.1)

• The Order lists multiple precise flight phases when approved seats and restraints are required: take‑off, landing, instrument approach, below 1 000 ft above terrain, and in turbulent conditions (s 3.1). Operators must translate these phase descriptions into SOPs and briefings so crew and passengers know when to fasten belts. Failure to harmonise SOP language with these specific triggers can produce non‑compliance.

2. One pilot must wear a belt/harness at all times (s 4.2)

• This is a persistent, easily inspectable duty. In multi‑crew flights it is possible for both pilots to be unbelted during certain activities unless SOPs enforce continuous use for at least one pilot.

3. Cabin attendant thresholds and a small but consequential exception (s 6.1(a))

• Aircraft carrying more than 15 but not more than 36 passengers must carry a cabin attendant, except an aircraft carrying not more than 22 passengers, at least 3 of whom are infants or children, and crewed by 2 pilots need not carry a cabin attendant if the operations manual specifies crew briefing and control duties. This narrow exception can produce unintended removal of a cabin attendant where the manual does not robustly document responsibilities. It is an operational and legal risk if the manual is silent, ambiguous, or deficient.

4. PA system requirement where cabin attendants are not required (s 4.3)

• When no cabin attendant is carried and passenger seating capacity is 10 seats or more, an approved and serviceable electronic public address system must be provided to enable the pilot in command to notify passengers when belts are required. Operators sometimes under‑equip small commuter aircraft; this clause is a specific trigger for equipment investment.

5. Infant and child carriage numerical caps and approval paths (s 12.1-12.2, s 13)

• Multiple different numeric tolerances exist (5% uplift for infants in certain evacuation‑demonstration aircraft s 12.1; table of excess passenger numbers for aircraft not requiring evacuation demonstration s 12.2). Operators must be careful to apply the correct rule depending on whether an evacuation demonstration applies. Infant seats require CASA or recognised authority written approval (s 13.3-13.4) and may not be used on side‑facing seats (s 13.5(a)). These are procurement and seating‑layout constraints.

6. Dual‑control seat occupation is permitted but restricted in RPT operations (s 11.1-11.2)

• A person may occupy a dual‑control seat if given adequate instruction and communication is maintained (s 11.1). However, for regular public transport operations the seat cannot be occupied by a non‑licensed pilot or non‑employee without CASA approval recorded in the operations manual (s 11.2). This can affect promotional or demonstration flights and must be controlled by operations manuals.

7. Balloon regime exceptions and interaction with CAO 95.53 (s 6A and note)

• Manned balloon/hot‑air airship operators can avoid carrying cabin attendants under narrowly specified conditions including passenger maxima, equal weight distribution, passenger audibility of pilot instructions, ground crew numbers and training records (s 6A). A linked note indicates CAO 95.53 can exempt such balloons from certain seatbelt/stowage requirements, meaning that some standard CAO provisions (ss 3, 4, 7 and 15) may not apply. Operators must check both instruments and any CAO 95.53 conditions to avoid mistaken application.

8. “Suitable person” definition for assistance exceptions (s 14.6)

• Rotorcraft and smaller aeroplane exceptions allow persons requiring assistance to be seated where they might otherwise obstruct exits if accompanied by a “suitable person” adjacent to the emergency exit who agrees to assist. The definition requires the suitable person be “reasonably fit, strong, and able” and not have conditions that hinder evacuation or crew duties. This introduces subjective assessment risks: who assesses suitability and how is it documented? Absent clear records or checklists, operators may face disputes over whether a person was sufficiently “suitable.”

9. Stowage compliance requires design conformity (s 9.4 and note)

• Approved stowage includes under‑seat compartments that must have an approved means of preventing forward shift, overhead lockers subject to design weight limitations, or other designed racks (s 9.4). The note references section 103.10; operators must ensure that installed stowage complies with the relevant design and airworthiness standards. Retrofitting or using makeshift stowage during charter operations risks non‑compliance.

10. Records and operations manual entries are recurring preconditions (s 6.1(a), 6A(e), 11.2, 13.6)

• Where the Order ties a permission or exception to the operations manual or to record‑keeping (e.g. ground crew training records), failure to maintain the records or to include the required detail in the manual can negate reliance on the exception and expose the operator to enforcement risk. This is a common audit failure point.

This section provides a pragmatic checklist oriented to operators, accountable managers, pilots and compliance officers who must translate the CAO into implementable controls. Each compliance item cites the relevant CAO provision.

1. Scope confirmation and operations manual alignment (s 1; s 6.1(a); s 6A(a); s 11.2)

• Confirm the aircraft are Australian‑registered and thus within the CAO’s application (s 1).
• Ensure the operations manual documents: the duties and responsibilities of flight crew where cabin attendants are not carried (s 6.1(a)); pilot briefing and control responsibilities for balloons if relying on s 6A(a); and include details of any CASA approvals for non‑pilot occupancy of dual‑control seats in RPT operations (s 11.2).
• Record CASA approvals and keep them current in the operations manual (s 11.2).

2. Seating, seatbelt and harness policies (ss 3, 4, 5)

• SOPs must require that all crew and passengers occupy approved seats for take‑off, landing, instrument approach, below 1 000 ft above terrain, and in turbulence (s 3.1), and in agricultural and acrobatic operations (s 3.2).
• Provide adequate numbers of approved seats; where exceptions for infants or parachutists apply, ensure the exceptions are used only as permitted (s 3.1 exceptions; s 15).
• Implement and enforce seat belt/harness usage at the listed times and ensure belts/harnesses are adjusted without slack (s 4.1). At least one pilot must be belted at all times (s 4.2).
• Ensure that seats are upright for take‑off and landing except where a relieved passenger requires a reclined seat under the narrow conditions in s 5.2.

3. Cabin‑attendant staffing and aisles (ss 6, 7)

• Calculate required cabin attendants using the passenger thresholds in s 6.1(a)-(c) and ensure at least one attendant per separate passenger compartment (s 6.1(d)). For aircraft >216 passengers, obtain CASA’s prescription as required by s 6.1(c).
• If relying on the narrow exception in s 6.1(a)(i) for aircraft ≤22 passengers with ≥3 infants/children and two pilots, ensure the operations manual sets out flight crew briefing and control duties clearly and in detail.
• If cabin attendants are required, ensure aisles permit unobstructed passage from front to rear (s 7.1). If relying on s 7.2 for no aisle, document how s 20.11 requirements can still be met.

4. Public Address systems and equipment (s 4.3)

• If no cabin attendant is carried and seating capacity is 10 seats or more, install an approved and serviceable electronic PA system and test it in accordance with maintenance schedules (s 4.3).

5. Infant, child and passenger capacity management (ss 12, 13)

• Determine whether an emergency evacuation demonstration is required for your aircraft and adhere to the demonstrated passenger count, with a 5% infant uplift where allowed (s 12.1). For aircraft without a demonstration, apply table tolerances or seek CASA approval for excess infants/children (s 12.2).
• For two children sharing a seat, ensure combined weight ≤77 kg and lapstrap use as specified (s 13.1).
• For infants: adopt approved infant seats only if CASA or a recognised authority has given written approval (s 13.3-13.4). Ensure infant seats are not used on side‑facing seats and that they are secured to an adult seat during flight (s 13.5). Keep a process for CASA approval conditions (s 13.6).
• On RPT flights where an infant is carried on a lap, bracket the infant’s name on the passenger list with the adult carrying them (s 13.2(3)) and keep appropriate manifest records.

6. Passengers requiring assistance (s 14)

• Implement pre‑flight identification processes for passengers who may require assistance (s 14.1), including training checklists for ground and cabin staff to spot indicators and to assess seating allocation.
• Ensure persons requiring assistance are not seated where they could obstruct emergency exits, subject to exceptions for rotorcraft and smaller aeroplanes where a suitable person accompanies and agrees to assist (s 14.2; s 14.5-14.6). Maintain a documented method to assess and record a “suitable person” and their agreement to assist.
• Provide individual briefings per s 20.11 for such passengers and ensure procedures exist to give particular attention to them in an emergency (s 14.3).

7. Parachutists and special operations (s 15)

• For parachuting operations, where a parachutist lacks an approved seat, provide a safe seating position and ensure they are seated or restrained at the times in s 3.1 except when about to jump, and wear a seat belt, safety harness, or parachute with approved single point restraint (s 15).

8. Stowage and service equipment (ss 9-10)

• Ensure all loose articles are stowed to prevent movement in turbulence or unusual manoeuvres (s 9.1) and that aisles, passageways and exits are kept clear below 1 000 ft or on ground except during embarkation/disembarkation (s 9.2).
• Stow passenger service items when not in use and during take‑off and landing (s 10).
• Validate that underseat stowage meets the forward restraint provisions referenced (note to s 9.4 and s 103.10) and overhead lockers and racks conform to design weight limitations (s 9.4).

9. Balloon operations special compliance (s 6A)

• If engaging in charter operations with a manned balloon or hot‑air airship and wishing to avoid carrying a cabin attendant, satisfy all conditions in s 6A: include pilot duties in the manual (s 6A(a)), ensure passenger compartment design and pilot location for multi‑compartment balloons (s 6A(b)), conform passenger number and distribution caps (s 6A(c)), ensure ground crew training and presence during loading/unloading and keep records of ground crew training including dates and methods of successful completion (s 6A(d)-(e)).
• Check whether CAO 95.53 exemptions apply to further alter applicability of ss 3, 4, 7 and 15 (note to s 6A).

10. Record‑keeping, training and audit trails (ss 6A(e), 11.2, 13.6)

• Maintain records of any CASA approvals and the operations manual entries required by s 11.2 and s 6A(a). Keep ground crew training logs for balloon operations (s 6A(e)).
• Ensure cabin attendants and flight crew have documented training in emergency procedures in accordance with s 20.11 and maintain evidence of compliance for audits.

11. Audit and inspection readiness

• Implement periodic internal audits of cabin‑attendant rosters, seatbelt and stowage compliance, PA system functionality, infant seat approvals and the operations manual to produce evidence for CASA inspectors. Where subjective duties exist (reasonable precautions s 14.3(a), suitable person s 14.6), maintain checklists and signed declarations to reduce ambiguity.

12. Legal and regulatory cross‑checks

• Because enforcement mechanisms and penalties are situated in the Civil Aviation Regulations 1988 and CASA policy, coordinate with legal/regulatory counsel to align CAO compliance actions with applicable Regulations and CASA enforcement expectations. Update procedures and operations manuals on receipt of any CASA approvals, and consult the FRLI entries for amendment instruments when procedures or requirements change (see the compilation’s Table of Orders and Table of Amendments).

Following these steps will translate the CAO’s prescriptive clauses into operational controls, record keeping and training that reduce inspection risk and align with CASA approvals. Where conditional permissions are sought (CASA approvals, excess passenger carriage, dual‑control exemptions), apply early to CASA and document approvals in the operations manual as required (s 11.2, s 12.2(a), s 13.6).