Explanatory Statement
Civil Aviation Regulations 1988
Direction — carriage of cabin attendant in hot air balloon
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 to the interests of the safety of air navigation.
Under subregulation 208 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions as to the operating crew required to be carried on an aircraft. Paragraph 6.1 of Civil Aviation Order 20.16.3 (CAO 20.16.3) provides, among other things, that aircraft carrying more than 15 and not more that 36 passengers must carry a cabin attendant. Paragraph 7.1 of CAO 20.16.3 requires that whenever a cabin attendant is so required, the aircraft must also have an aisle.
This instrument is, in effect, an exemption from these requirements. It applies to the Kavanagh B400 balloon with nationality and registration marks VH-URF which is designed to carry up to 20 passengers and a pilot. Because of the design of the balloon and its basket, and subject to certain conditions, CASA does not consider that safety will be compromised by the absence of an aisle or if the balloon does not carry a cabin attendant during operations with up to 20 passengers.
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 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 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 regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order and CASA later issues a direction, instruction, notification, permission, approval or authority that in any way affects the operation of the CAO, the later instrument is a legislative instrument by virtue of subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA).
The instrument affects the operation of paragraphs 6.1 and 7.1 of CAO 20.16.3. The instrument is, therefore, a legislative instrument for the purposes of section 5 of the LIA. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The operator has previous instruments for the type of balloon and operations.
The instrument has been issued by a delegate of CASA. It commences on the day after it is registered and stops having effect at the end of 30 June 2009.
[Instrument Number CASA 192/06]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were amended by the instrument F2006L01728 to address a specific operational issue regarding the carriage of cabin attendants and the necessity for an aisle in hot air balloons. Enacted under the authority of the Civil Aviation Act 1988, this instrument was designed to allow for a variance in the usual requirements for certain hot air balloons, specifically the Kavanagh B400 balloon with registration marks VH-URF, which is designed to carry up to 20 passengers. The Civil Aviation Safety Authority (CASA) determined that the unique design of this balloon and its basket would not compromise safety if it did not carry a cabin attendant or have an aisle, provided certain conditions were met. These conditions include the supervision by two ground crew members when carrying 16 or more passengers, the equal distribution of passengers, and the requirement that all passengers can hear the pilot's instructions. The instrument, which is considered a legislative instrument under the Legislative Instruments Act 2003, was issued without consultation as the operator already had relevant instruments in place. It was issued by a delegate of CASA and was effective until 30 June 2009.
Scope and Application
The Civil Aviation Regulations 1988 Direction concerning the carriage of a cabin attendant in the hot air balloon Kavanagh B400 with registration marks VH-URF applies specifically to this balloon model designed to carry up to 20 passengers and a pilot. The exemption from the general requirements under subregulation 208(1) of the Civil Aviation Regulations 1988, and paragraphs 6.1 and 7.1 of Civil Aviation Order 20.16.3, is contingent upon certain conditions being met to ensure safety, such as the presence of two support ground crew when carrying 16 or more passengers, and the equal distribution of passengers in the balloon's four compartments. This exemption applies to the specific operations of this balloon and is in effect until 30 June 2009, after which the general cabin attendant and aisle requirements will resume. The exemption is subject to the Legislative Instruments Act 2003 and is a legislative instrument, requiring tabling and disallowance in Parliament, although consultation under section 17 of the LIA was not undertaken in this instance as the operator already had relevant previous instruments.
Key Provisions
The key operative sections of this legislation pertain to the Civil Aviation Regulations 1988 (CAR 1988), specifically subregulation 208(1) which allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on aircraft. This instrument provides an exemption to paragraphs 6.1 and 7.1 of Civil Aviation Order 20.16.3 (CAO 20.16.3), which usually require the carriage of a cabin attendant and the presence of an aisle in aircraft carrying more than 15 but not more than 36 passengers. The exemption applies to the Kavanagh B400 hot air balloon with registration marks VH-URF, which is designed to carry up to 20 passengers and a pilot.
This legislation imposes specific obligations on the parties it governs. The balloon must adhere to certain conditions to ensure safety, such as the presence of two support ground crew members when carrying 16 or more passengers. These ground crew members must be stationed at either end of the basket and must have undergone specified training as outlined in the operator’s operations manual. Furthermore, passengers must be equally distributed among the balloon's four compartments, and all passengers must be able to hear the pilot's instructions. These conditions are intended to maintain safety and operational efficiency while accommodating the unique design of the hot air balloon.
In terms of legal consequences, violations of the conditions set out in this instrument may lead to civil or criminal penalties, though the specific penalties are not detailed in the provided text. Generally, under the Civil Aviation Act 1988, breaches of the Act or its regulations can result in substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach. Additionally, as this instrument is considered a legislative instrument under the Legislative Instruments Act 2003, it is subject to parliamentary scrutiny through tabling and disallowance procedures.
The instrument also clarifies that consultation under section 17 of the Legislative Instruments Act 2003 was not undertaken, as the operator already has previous instruments for the type of balloon and operations. Finally, the instrument is issued by a delegate of CASA, and it comes into effect the day after it is registered, with its effectivity period ending on 30 June 2009.