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]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) address the safety of air navigation by providing for the Governor-General to make regulations under section 98 of the Civil Aviation Act 1988. Regulation 208 of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on aircraft, ensuring safety in air navigation. The specific regulation in question, known as Direction under Regulation 208 relating to the Carriage of Cabin Attendants in Balloons, was introduced to allow for the exemption of certain balloons from the requirement to carry a cabin attendant, provided specific conditions are met. The policy objective of this direction is to maintain safety standards while considering the unique design constraints of certain balloons. This direction was issued by a delegate of CASA and took effect on gazettal, expiring at the end of November 2006.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the direction under regulation 208 relating to the carriage of cabin attendants in balloons, applies to the carriage of passengers in certain balloons. The regulation is specifically concerned with balloons that are used in charter or regular public transport operations and carry more than 15 but not more than 36 passengers. The direction applies to the Commonwealth of Australia and is issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The regulation exempts certain balloons from carrying a cabin attendant, provided specific conditions are met, such as the equal distribution of passengers in the balloon's compartments and the availability of ground crew for loading and unloading. The exclusion is intended to address the unique design considerations of certain balloons and their baskets, ensuring that safety is not compromised while providing operational flexibility. This regulation is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, subject to parliamentary scrutiny.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988, specifically the direction under regulation 208, relate to the carriage of cabin attendants in balloons (s. 20.16.3). This direction stipulates that certain balloons, based on their design and the arrangement of their baskets, may not need to carry a cabin attendant during operations, provided certain conditions are met (s. 20.16.3, para. 6.1). These conditions include ensuring that passengers are equally distributed in the balloon’s four compartments and that all passengers can hear the pilot’s instructions (s. 20.16.3). Additionally, if the balloon carries more than 16 passengers, two support ground crew members must be present to assist with loading and unloading while the balloon is on the ground, positioned at either end of the basket (s. 20.16.3).
The obligations and requirements imposed by this Act on the parties involved include adhering to the specified conditions for operating balloons without a cabin attendant. Operators must ensure that passengers are evenly distributed in the balloon's compartments and can hear the pilot’s instructions. They must also provide suitable training for the two ground crew members who are required to assist with loading and unloading when more than 16 passengers are carried (s. 20.16.3). Furthermore, the direction mandates that these ground crew members be located at either end of the basket to supervise and assist during the ground operations (s. 20.16.3).
Any breach of the conditions stipulated in this direction can lead to various civil and criminal consequences. Although specific penalties are not detailed in the direction itself, non-compliance with Civil Aviation Regulations can generally result in fines, imprisonment, or both, depending on the severity of the breach. The Civil Aviation Act 1988 and associated regulations provide the framework within which these penalties are imposed. Operators found in violation of these safety requirements risk significant repercussions, including potential legal action by the Civil Aviation Safety Authority (CASA) (s. 20.16.3).