EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
DIRECTION UNDER REGULATION 208 RELATING TO THE CARRIAGE OF CABIN ATTENDANTS IN BALLOONS
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to 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. Under paragraph 6.1 of section 20.16.3 of the Civil Aviation Orders (CAOs), CASA has directed, among other things, that aircraft carrying more than 15 and not more than 36 passengers while engaged in charter, or regular public transport, operations must carry a cabin attendant.
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and later issues another direction that has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Because of the design of certain balloons and their baskets, CASA does not consider that safety would be compromised if they do not carry a cabin attendant during operations, provided that certain associated conditions are met.
It is a condition of operations under the direction that the passengers carried in the basket be equally distributed, as far as possible, between the balloon’s four compartments, and that all passengers are able to hear the instructions of the pilot in command. It is also a condition of operations with a passenger complement of more than 16 persons that two support ground crew in addition to the pilot are to be available to supervise and assist in loading and unloading while the balloon is on the ground. These ground crew personnel are to be located at either end of the basket. The operator must provide suitable training for the ground crew.
The direction was issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
The direction took effect on gazettal and ceases to have effect at the end of November 2006.
[Instrument Number: CASA 190/04]