EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
REGULATION 208
DIRECTION — CARRIAGE OF CABIN ATTENDANTS IN HOT AIR BALLOON
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purpose of the Act and in relation to 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 section 20.16.3 of the Civil Aviation Orders (the CAOs) 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 section 20.16.3 of the CAOs 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 more than 16 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 paragraph 6.1 and paragraph 7.1, other relevant provisions of section 20.16.3 of the CAOs continue to apply.
Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues a direction, instruction, notification, permission, approval or authority that in any way affects the operation of the CAO, the later document 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 paragraph 6.1 and paragraph 7.1 of section 20.16.3 of the CAOs. 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 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 on the Federal Register of Legislative Instruments. It stops having effect at the end of June 2006.
[Instrument Number CASA 193/05]
Overview
The Civil Aviation Act 1988 was enacted to ensure the safe operation of civil aviation in Australia, providing a framework for the regulation of aircraft and the safety of air navigation. This legislation was introduced to address the need for comprehensive regulations governing the safety and operational standards of aviation activities within Australia. The Act empowers the Governor-General to make regulations concerning the safety of air navigation, and in this regard, the Civil Aviation (Carriage of Cabin Attendants in Hot Air Balloon) Direction 2005 was issued by the Civil Aviation Safety Authority (CASA) to provide specific exemptions for the Kavanagh B400 Balloon, registered as VH-URF. The policy objective of this instrument is to maintain safety standards while accommodating the unique design and operational constraints of the specified hot air balloon, which is designed to carry up to 20 passengers and a pilot.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the instrument F2005L01386, provide a specific exemption from certain crew requirements for a particular type of hot air balloon, the Kavanagh B400 Balloon, registered under the marks VH-URF. This instrument applies to this particular balloon model, which is designed to carry up to 20 passengers and a pilot, and exempts it from the general requirements for cabin attendants and aisles that are typically mandated for aircraft carrying between 16 and 36 passengers. The exemption is subject to conditions that include the presence of two support ground crew members when carrying more than 16 passengers, an even distribution of passengers among the balloon’s four compartments, and the ability of all passengers to hear the pilot’s instructions. This legislative instrument, issued by a delegate of the Civil Aviation Safety Authority (CASA), serves as an exemption from certain provisions of the Civil Aviation Orders (CAOs) and is considered a legislative instrument under the Legislative Instruments Act 2003. It is subject to tabling and disallowance in Parliament and comes into effect the day after registration on the Federal Register of Legislative Instruments, expiring at the end of June 2006.
Key Provisions
The main operative sections of this legislation include sections 98 of the Civil Aviation Act 1988 (the Act) and subregulation 208(1) of the Civil Aviation Regulations 1988 (CAR 1988). Section 98 of the Act allows the Governor-General to make regulations for the purpose of the Act and in relation to the safety of air navigation. Under subregulation 208(1) of the CAR 1988, the Civil Aviation Safety Authority (CASA) can give directions as to the operating crew required to be carried on an aircraft. This regulation is an exemption from the requirement for aircraft carrying more than 15 and not more than 36 passengers to carry a cabin attendant, and for such aircraft to have an aisle, as stipulated in paragraphs 6.1 and 7.1 of section 20.16.3 of the Civil Aviation Orders (CAOs).
This Act imposes several obligations and requirements on the parties it governs. Firstly, the Kavanagh B400 Balloon with the nationality and registration marks VH-URF, which is designed to carry up to 20 passengers and a pilot, must adhere to specific conditions to ensure safety. When carrying more than 16 passengers, the balloon must have two support ground crew members in addition to the pilot, who are responsible for supervising and assisting in loading and unloading of passengers. These ground crew members must be located at either end of the basket, and their qualifications and training must be outlined in the operator's operations manual. Furthermore, the passengers must be equally distributed between the balloon's four compartments, and all passengers must be able to hear the pilot's instructions.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the legislation. However, the instrument is a legislative instrument by virtue of subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA). As such, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. The instrument has been issued by a delegate of CASA and commences on the day after it is registered on the Federal Register of Legislative Instruments, with its effect ending at the end of June 2006. It should be noted that consultation under section 17 of the LIA has not been undertaken in this case, as the operator already has previous instruments for the type of balloon and operations.