Explanatory Statement
Civil Aviation Regulations 1988
Direction — carriage of cabin attendants in hot air balloons
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. Paragraph 7 and subparagraph 6.1 (a) of Civil Aviation Order 20.16.3 (CAO 20.16.3) were made under regulation 208 and provide, 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 balloons with nationality and registration marks VH-FLI and VH-OPY.
Because of the design of the balloons and their baskets, CASA does not consider that safety would be compromised if the balloon did not carry a cabin attendant during operations with the full passenger complement of 20.
Conditions include, where 15 or more passengers are carried, the presence of 2 support ground crew, in addition to the pilot, to supervise and assist in loading and unloading of 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 must undergo 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 190/06]