Confidential Human Factors
Incident Reporting Programme
The Charity
Aviation
Maritime
CC6660
Initial Report
Boarding was from door 2 Left. Lots of hand baggage. The last pax boarded and the ground staff requested for the main pax door to be closed. I closed the pax door and immediately called the flight crew to advise of the situation on the cabin. Advising them that the last pax had just boarded but the queue for the pax making their way to their seats was congested and backed all the way back to door 2. So pax queuing from door 2 Left and Right virtually down to door 4 Left and Right. I also advised them that all the overhead lockers were still open and loaded with heavy bags. I asked the flight crew to hold off pushing back until we had the situation under control. Despite this a couple of mins later we started to push back. This delayed us being to arm our doors as some crew on the left hand side could not get to their door due to the congestion in the cabin and them being in the cabin trying to manage the situation of hand baggage and the queue of pax still making their way to their seats. After take-off I spoke with the captain and asked why after communicating the situation in the cabin did we still push back. I was told to look at OM where it states that “This procedure should not prevent the aircraft from pushing back”.
Company Comment
We know that boarding is the busiest time of the crew members’ duty. During boarding, it is important for crew members who do not have door ground responsibility to manage the cabin, overhead lockers and stowage of passengers’ smaller items under the seat in front. The SCCM may consider crew from other cabins to assist where required and reduce the offering of the pre-departure service until after take-off. We would recommend completing the required report. The reporter is correct, that our procedure cited in the manual permits the aircraft to push back, yet taxi will not commence unless the cabin is in an acceptable state which relies on the SCCM maintaining communication with the flight crew, which it appears in this situation did occur. If it is felt that the conditions in the cabin are not being taken into consideration we encourage reporting on this also.
CAA Comment
Pushback is not specifically covered under regulatory requirements as other phases of flight, including taxi, are.
CAT.OP.MPA.225 Seats, safety belts and restraint systems
(b) Passengers
(1) Before take-off and landing, and during taxiing, and whenever deemed necessary in the interest of safety, the commander shall be satisfied that each passenger on board occupies a seat or berth with his/her safety belt or restraint system properly secured.
CAT.OP.MPA.230 Securing of passenger compartment and galley(s)
(b) The commander shall ensure that before take-off and landing, and whenever deemed necessary in the interest of safety, all equipment and baggage are properly secured.
AMC1 CAT.OP.MPA.160 Stowage of baggage and cargo
(g) checks should be made before take-off, before landing and whenever the ‘fasten seat belts’ signs are illuminated or it is otherwise so ordered to ensure that baggage is stowed where it cannot impede evacuation from the aircraft or cause injury by falling (or other movement), as may be appropriate to the phase of flight.
CAT.GEN.MPA.105 Responsibilities of the commander
(a) The commander, in addition to complying with CAT.GEN.MPA.100, shall:
(1) be responsible for the safety of all crew members, passengers and cargo on board, as soon as the commander arrives on board the aircraft, until the commander leaves the aircraft at the end of the flight.
Under CAT.OP.MPA.225 and CAT.OP.MPA.230, the provision of ‘whenever deemed necessary in the interest of safety’ was intended to cover eventualities such as turbulence, decompression and other emergencies or unforeseen circumstances. Amending the regulations above, or CAT.OP.MPA.205, is not a quick process as inferred by CHIRP, and is not currently on the Flight Operations Rulemaking programme. Amending implementing rules is currently a 2-3 years-long process.
If an operator permits passengers to be standing during pushback, what would be of interest is what risk assessment has been performed, and how identified risks are managed/mitigated.
CHIRP Comment
CHIRP Cabin Crew Advsiory Board Comment
CHIRP has received several reports of this nature. Whilst the Air Navigation Order (ANO) is clear about PAX being seated during taxi and ‘prior to taxiing…’, there’s no specific reference to push-back – provided that the PAX are seated prior to taxiing under the aircraft’s own power (i.e. after push-back?) then the regulation is said to have been complied with.
The Air Navigation Order 2016 PART 5, CHAPTER 2, SECTION 2, Article 71 states that:
Passengers to be seated and properly secured
- The pilot in command of an aircraft other than a balloon must ensure that—
(a)prior to and during taxiing, take-off and landing; and
(b)whenever deemed necessary in the interest of safety,
each passenger on board occupies a seat or berth and has their safety belt or restraint device properly secured.
As always if the conditions in the cabin are as this report states and unsafe, then communication must take place with the flight crew to advise them of the situation in the cabin. We would hope that if conditions in the cabin were as above, and that the flight crew had been advised of the conditions that the safety of the passengers and crew on board would be taken into consideration.
CHIRP Air Transport Advisory Board Comment
There are clear risks in conducting pushback whilst passengers are not seated, and even greater when they may still be stowing bags; it wouldn’t take much for a sudden stop during pushback to cause chaos and potentially passenger injuries. Also, if there was not enough room for bags in the overhead lockers then some might need to go into the hold so, if the aircraft doors are closed and pushback has begun, this would obviously not be possible. The fact that the cabin crew could not make their way to the doors in some of these situations during pushback also has clear safety implications if an emergency were to occur. We do not think that it is sensible to pushback whilst passengers are not seated, no matter what the operational pressures might be to do so.
More philosophically, passengers will be unlikely to be able to differentiate between pushback and taxiing and so, if they perceive that the aircraft is moving for pushback and they are not required to be seated, they will not understand why there is a restriction when the aircraft is taxiing (either before take-off or after landing); in their minds there is, understandably, no difference.
As noted by the CAA, CAT.OP.MPA.230 Securing of passenger compartment and galley(s) does not include any reference to pushback and simply requires operators to have procedures for securing the cabin for only taxi, take-off and landing, not during pushback.
For its part, AMC1 CAT.OP.MPA.205 Push back and towing – aeroplanes seems to refer to pushback and towing as ‘pre- or post-taxi positioning…’ thereby implying pushback is not a part of taxiing and seeming to reinforce the inapplicability of Article 71 to have passengers seated.
It appears then that there is a loophole in the regulations because pushback is not necessarily within the definition of ‘taxiing’. It seems common-sense to us that passengers should be seated before pushback and that this loophole could be closed by the ANO including something like: “Prior to and during pushback, taxiing, take-off and landing…’ but we recognise that ANO changes are not a quick solution.
In the interim, the CAA might consider amending CAT.OP.MPA.205, CAT.OP.MPA.225 and CAT.OP.MPA.230 to specifically include passengers being seated for pushback. With some airports moving towards aircraft being towed to the holding point in future to save fuel/ noise/ emissions etc, this issue will only become more pertinent.
For those companies that allow pushback with passengers standing and potentially stowing bags, we assume that they have processes in place to risk-assess such practices; this risk assessment should probably involve their legal teams in consideration of any potential injuries that might be caused to passengers from falls or from baggage drops from overhead bins should an abrupt stop, abnormality or unsteady progress occur during the pushback.