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-OKA and VH-WOR.
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 16 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 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 191/06]
Overview
The Civil Aviation (Hot Air Balloons) Direction 2006, issued under the Civil Aviation Act 1988, addresses the specific operational requirements for hot air balloons registered under the marks VH-OKA and VH-WOR, particularly concerning the necessity of carrying cabin attendants. The Civil Aviation Regulations 1988 empower the Civil Aviation Safety Authority (CASA) to issue such directions to ensure the safety of air navigation. Given the design of these balloons and their baskets, CASA has determined that the safety of operations would not be compromised if these particular balloons did not carry a cabin attendant while transporting up to 20 passengers, provided certain conditions are met. This direction allows for the exemption under specific circumstances, such as having two support ground crew members present during loading and unloading, ensuring an equal distribution of passengers, and that all passengers can hear the pilot's instructions. The direction is a legislative instrument subject to the Legislative Instruments Act 2003, although no consultation was undertaken for this specific instance as previous similar directions have already been issued.
Scope and Application
The Civil Aviation Regulations 1988 Direction concerning the carriage of cabin attendants in hot air balloons applies specifically to the balloons with the nationality and registration marks VH-OKA and VH-WOR. This regulation is an exception to the standard requirement under Civil Aviation Order 20.16.3, which mandates that aircraft carrying more than 15 and not more than 36 passengers must carry a cabin attendant. The decision to allow the specified hot air balloons to operate without a cabin attendant is based on the design of the balloons and their baskets, which the Civil Aviation Safety Authority (CASA) deems does not compromise safety when carrying a full passenger complement of 20. Instead, the regulation imposes conditions such as the requirement for two support ground crew members to supervise and assist in the loading and unloading of passengers when 16 or more passengers are carried. These ground crew members must be trained and positioned at either end of the basket, with detailed training courses outlined in the operator’s operations manual. Additionally, passengers must be equally distributed among the balloon’s four compartments, and all passengers must be able to hear the pilot’s instructions. This direction, issued under the authority of the Civil Aviation Act 1988, is subject to disallowance under the Legislative Instruments Act 2003 and was issued by a delegate of CASA, taking effect from 1 July 2006 until 30 June 2009.
Key Provisions
The Civil Aviation Regulations 1988, specifically in relation to the carriage of cabin attendants in hot air balloons, contain crucial provisions under regulation 208 (subsection 98(1) of the Civil Aviation Act 1988). This regulation permits the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on an aircraft to ensure the safety of air navigation. Within these provisions, paragraph 7 and subparagraph 6.1(a) of Civil Aviation Order 20.16.3 (CAO 20.16.3) stipulate that aircraft carrying more than 15 but not more than 36 passengers must carry a cabin attendant. However, the specific direction issued under this regulation allows certain hot air balloons, namely those with nationality and registration marks VH-OKA and VH-WOR, to operate without a cabin attendant while carrying their full passenger complement of 20. This exception is made due to the design of the balloons and their baskets, which CASA determines do not compromise safety when operating without a cabin attendant.
The obligations imposed by this direction on the parties involved include ensuring that when carrying 16 or more passengers, there must be two support ground crew members, in addition to the pilot, to supervise and assist in loading and unloading passengers. These ground crew members must be positioned at either end of the basket. Furthermore, the operator’s operations manual must detail the training these ground crew members have undergone to qualify for their roles. Another requirement is that passengers must be equally distributed between the balloon’s four compartments, and all passengers must be able to hear the pilot’s instructions clearly. Apart from the exceptions mentioned in subparagraph 6.1(a) and paragraph 7.1, other relevant provisions of CAO 20.16.3 continue to apply.
Under the Legislative Instruments Act 2003, the direction issued by CASA is considered a disallowable instrument, as it affects the operation of subparagraph 6.1(a) of CAO 20.16.3. This legislative instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Despite this requirement, consultation under section 17 of the LIA has not been undertaken for this direction, as similar directions have been issued previously to the same operator and others. The direction was issued by a delegate of CASA and became effective on 1 July 2006, expiring at the end of 30 June 2009. This specific legislative instrument is identified as CASA 191/06.