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 purposes of the Act and in the interests of the safety of air navigation.
Under regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions as to the operating crew required to be carried on an aircraft having regard to the safety of air navigation. Paragraphs 7 and subparagraph 6.1 (a) of Civil Aviation Order 20.16.3 (CAO 20.16.3) were made under regulation 208 and provides, among other things, that aircraft carrying more than 15 and not more than 36 passengers must carry a cabin attendant. The instrument applies to the balloon with nationality and registration marks VH-OSE.
Because of the design of the balloon and its basket, CASA does not consider that safety would be compromised if the balloon did not carry cabin attendants during operations with the full passenger complement of 16.
Conditions include, where 16 passengers are carried, the presence of 2 support ground crew, in addition to the pilot, 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 be equally distributed between the balloon’s 4 compartments and that all passengers are able to hear the pilot’s instructions. Apart from subparagraph 6.1 (a) and paragraph 7.1, other relevant provisions of CAO 20.16.3 continue to apply.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instrument 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 document 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.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. Previous directions have been issued for the same purpose to the named operator and to others.
The direction has been issued by a delegate of CASA. It commences on 1 July 2006 and stops having effect at the end of 30 June 2009.
[Instrument number CASA 189/06]
Overview
The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations for the safety of air navigation, ensuring the proper functioning and oversight of aviation activities within Australia. Specifically, the Civil Aviation (Direction — Carriage of Cabin Attendant in Hot Air Balloon) Direction 2006 was introduced to address a particular safety concern regarding the carriage of cabin attendants in hot air balloons. This direction was issued by the Civil Aviation Safety Authority (CASA) to tailor safety requirements for a particular hot air balloon registered as VH-OSE, taking into account its unique design and operational circumstances. The policy objective is to maintain safety standards while allowing for operational flexibility where appropriate. The direction, which became effective on 1 July 2006 and ceased on 30 June 2009, modifies certain crew requirements under existing regulations and civil aviation orders to accommodate specific operational conditions for this balloon.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the direction issued by the Civil Aviation Safety Authority (CASA) on 1 July 2006, apply specifically to a hot air balloon identified by the nationality and registration marks VH-OSE. This legislation pertains to the carriage of cabin attendants on aircraft and, in this instance, modifies the requirement for a cabin attendant on balloons carrying between 15 and 36 passengers. CASA has determined that for this particular balloon, safety does not necessitate the presence of a cabin attendant when carrying a full complement of 16 passengers, provided certain conditions are met. These conditions include the presence of two support ground crew members during passenger loading and unloading, who must be trained and positioned at either end of the balloon basket, as well as ensuring an equal distribution of passengers among the balloon's four compartments and that all passengers can hear the pilot’s instructions. The direction exempts this specific balloon from the general requirement of subparagraph 6.1(a) and paragraph 7.1 of Civil Aviation Order 20.16.3, while other relevant provisions of CAO 20.16.3 remain applicable. The direction is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. It expires at the end of 30 June 2009.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) incorporate several key provisions concerning the carriage of cabin attendants in hot air balloons, specifically targeting balloons with the nationality and registration marks VH-OSE. Under regulation 208 of CAR 1988, the Civil Aviation Safety Authority (CASA) is empowered to issue directions regarding the operating crew required on an aircraft, with a focus on ensuring the safety of air navigation. The specific regulation at issue here is that balloons carrying more than 15 but not more than 36 passengers must carry a cabin attendant, as outlined in paragraphs 7 and subparagraph 6.1(a) of Civil Aviation Order 20.16.3 (CAO 20.16.3). However, due to the unique design of the balloon and its basket, CASA has determined that safety would not be compromised if the balloon did not carry a cabin attendant when operating with a full complement of 16 passengers.
To ensure safety under these conditions, several specific requirements must be met. When the balloon carries 16 passengers, two support ground crew members must be present to supervise and assist in the loading and unloading of passengers. These ground crew members must be positioned at either end of the basket. Additionally, the operator’s operations manual must detail the training these ground crew personnel have undergone to qualify for their roles. Another requirement is that passengers must be equally distributed among the balloon’s four compartments, and all passengers must be able to hear the pilot’s instructions. Despite these specific conditions, other relevant provisions of CAO 20.16.3 continue to apply.
The legislation also outlines the obligations and requirements imposed on the parties governed by these regulations. The operator of the balloon must ensure compliance with the conditions specified in the direction, including the presence of ground crew, proper distribution of passengers, and adherence to the training requirements outlined in the operations manual. Failure to comply with these conditions could result in serious safety risks and non-compliance with the regulatory framework established by CAR 1988 and CAO 20.16.3. Additionally, as a legislative instrument, the direction is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Although consultation under section 17 of the LIA has not been undertaken in this instance, previous directions for the same purpose have been issued to the named operator and others.
Finally, it is important to note the potential consequences for non-compliance with these provisions. While the specific offences, penalties, or consequences for breach are not detailed in the provided text, non-compliance with regulations enforced by CASA can lead to severe civil or criminal penalties. Typically, such penalties could include fines, suspension or revocation of operating certificates, and other enforcement actions to ensure adherence to safety standards. The direction issued by CASA is effective from 1 July 2006 and ceases to have effect at the end of 30 June 2009, as stipulated in the instrument number CASA 189/06.