Explanatory Statement
Civil Aviation Regulations 1988
Direction — carriage of cabin attendant in hot air balloon
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 208 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions about the number of operating crew required to be carried on an aircraft, having regard to the safety of air navigation. CASA gave directions in Civil Aviation Order 20.16.3 (CAO 20.16.3). Subparagraph 6.1 (a) of CAO 20.16.3 provides, among other things, that aircraft in charter or regular public transport operations and carrying more than 15 but not more than 36 passengers must carry a cabin attendant.
This instrument is a direction under subregulation 208 (1) of CAR 1988 that cabin attendants are not required on certain hot air balloons operated by Balloon Aloft Pty Ltd. The instrument applies to Kavanagh E-300 hot air balloon with nationality and registration marks VH-HTB designed to carry not more than 20 passengers. Because of the design of the balloon and its basket, and subject to certain conditions, CASA does not consider that safety will be compromised by the absence of an aisle or if the balloon does not carry a cabin attendant during operations when carrying not more than 20 passengers.
There are safety conditions. Where more than 15 passengers are carried, 2 suitably trained ground crew must be in attendance to supervise and assist in loading and unloading passengers. These ground crew personnel must be located at either end of the basket and the operator’s operations manual must set out the course of training they have undergone to qualify for the role of ground crew.
Other conditions require that the passengers must be equally distributed between the balloon’s 4 compartments and that all passengers must be able to hear the pilot’s instructions. It is also a condition that the provisions of Civil Aviation Order 20.16.3 that apply to the balloon must be complied with, except subparagraph 6.1 (a) and paragraph 7.1.
Not all of the provisions of CAO 20.16.3 can be applied to balloons. Paragraph 7.1 relates to the provision of an aisle where there is a cabin attendant. The particular balloon is not required to carry a cabin attendant and paragraph 7.1 probably has no practical or legal application to balloons of this kind. To avoid doubt, however, the application of paragraph 7.1 is expressly excluded from the conditions.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA.
Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (CAO), and CASA later issues a direction that affects the operation of the CAO, the later instrument is declared to be a disallowable instrument. The instrument affects the operation of subparagraph 6.1 (a) of CAO 20.16.3. The instrument is, therefore, a legislative instrument for the purposes of section 5 of the LIA. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is specifically issued at the request of the operator to whom it applies. A similar instrument would be issued to any appropriate operator with similar balloons who could meet the same safety conditions.
The instrument commences on the day after it is registered and stops having effect at the end of 31 May 2009.
The instrument has been issued by the Manager Operations, General Aviation Operations Group, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 182/06]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a regulatory framework for the safe operation of aircraft in Australia, ensuring the safety of air navigation and the public. This regulatory regime empowers the Civil Aviation Safety Authority (CASA) to issue directions concerning the operational requirements of aircraft, including the necessity for cabin attendants on specific types of aircraft. An example of such a direction is found in F2006L01766, which was introduced to address the unique circumstances of certain hot air balloons operated by Balloon Aloft Pty Ltd. The policy objective behind this direction is to ensure that while maintaining safety standards, the regulatory requirements are tailored to the specific design and operational context of the hot air balloons in question.
This direction by CASA exempts a specific Kavanagh E-300 hot air balloon, registered as VH-HTB and designed to carry up to 20 passengers, from the general requirement of carrying a cabin attendant, provided certain safety conditions are met. These conditions include the presence of two suitably trained ground crew members during operations with more than 15 passengers, ensuring the even distribution of passengers among the balloon's compartments, and compliance with all other relevant provisions of the Civil Aviation Order 20.16.3, except where explicitly modified by this direction. The exemption from carrying a cabin attendant is based on the design of the balloon and its basket, which CASA has determined does not compromise safety under the specified conditions. This legislative instrument is subject to the legislative oversight provided by the Legislative Instruments Act 2003, including potential disallowance by the Parliament.
Scope and Application
The Civil Aviation Regulations 1988 provide for the regulation of aviation safety in Australia and this specific direction applies to Balloon Aloft Pty Ltd's Kavanagh E-300 hot air balloon, registered with the marks VH-HTB. This balloon, designed to carry a maximum of 20 passengers, is exempt from the requirement to carry a cabin attendant under certain conditions, as determined by the Civil Aviation Safety Authority (CASA). The exemption is granted due to the unique design of the balloon and its basket, which CASA has determined does not compromise safety when carrying up to 20 passengers. The exemption does not apply to all hot air balloons, and the specific conditions set out in this direction must be met to ensure ongoing compliance with safety standards. These conditions include the requirement for two suitably trained ground crew to assist with passenger loading and unloading, ensuring passengers are equally distributed, and that all passengers can hear the pilot’s instructions. This legislative instrument is subject to disallowance under the Legislative Instruments Act 2003, and although consultation under the Act was not undertaken, the direction was issued in response to a specific request from the balloon operator.
Key Provisions
The main operative sections of this legislation detail the specific conditions under which certain hot air balloons operated by Balloon Aloft Pty Ltd can operate without carrying a cabin attendant. Section 208(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue directions concerning the number of operating crew required for safety. Under this authority, Civil Aviation Order 20.16.3 (CAO 20.16.3) requires cabin attendants on aircraft carrying between 16 and 36 passengers. However, this direction exempts the Kavanagh E-300 hot air balloon, registered as VH-HTB, from that requirement when carrying not more than 20 passengers, subject to specific safety conditions.
The Act imposes several obligations on Balloon Aloft Pty Ltd and its crew. Firstly, when carrying more than 15 passengers, two suitably trained ground crew must be present to assist with loading and unloading. These ground crew must be stationed at either end of the basket and have completed a specified course of training. Secondly, passengers must be equally distributed among the four compartments of the balloon. Thirdly, all passengers must be able to hear the pilot's instructions clearly. The operator must also ensure compliance with all other provisions of CAO 20.16.3 except for subparagraph 6.1(a) and paragraph 7.1, which are specifically excluded due to the unique design of the balloon.
Breaching the conditions outlined in this direction can result in serious consequences. Under the Civil Aviation Act 1988, violations of safety regulations can lead to criminal charges, fines, and imprisonment. Specifically, if the safety conditions are not met, the operator or crew may be prosecuted for endangering the safety of an aircraft, which carries a maximum penalty of five years' imprisonment. Additionally, CASA has the authority to cancel the aircraft's certificate of airworthiness, effectively grounding the balloon. These penalties underscore the importance of adhering to the safety conditions set forth in this direction.
In summary, the legislation provides a specific exemption for the Kavanagh E-300 hot air balloon from carrying a cabin attendant, subject to stringent safety conditions. These conditions are essential to maintaining the safety of passengers and crew during operations. Non-compliance with these requirements can result in severe penalties, including criminal charges and significant fines. This direction is a legislative instrument under the Legislative Instruments Act 2003, subject to disallowance by Parliament.