Explanatory Statement
Civil Aviation Regulations 1988
Direction — carriage of cabin attendant in hot air balloon
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-KIE and VH-OSI. Because of the design of the balloons and their baskets, CASA does not consider that safety would be compromised if the balloons did not carry a cabin attendant during operations with the full passenger complement of 16.
The direction sets out various conditions that the operator must comply with. This includes the presence of 2 support crew, in addition to the pilot, to supervise and assist in the loading and unloading of passengers.
Conditions include, where 16 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 regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (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 instrument is a legislative instrument by virtue of paragraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA).
Under subparagraph 6 (d) (i) of 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.
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 the day after it is registered and stops having effect at the end of 30 June 2009.
[Instrument number CASA 193/06]
Overview
The Civil Aviation (All Aircraft Other than Large Aircraft) Direction — Carriage of Cabin Attendant in Hot Air Balloon 2006 was enacted to address a specific safety concern regarding the carriage of cabin attendants in certain hot air balloons. The Civil Aviation Regulations 1988, as amended, provide the authority for the Civil Aviation Safety Authority (CASA) to issue such directions to ensure the safety of air navigation. This particular direction applies to the hot air balloons with nationality and registration marks VH-KIE and VH-OSI, and it was introduced following CASA’s assessment that the balloons' design and basket configurations do not compromise safety when operating without a cabin attendant while carrying up to 16 passengers. The policy objective is to maintain safety standards while providing operational flexibility to the specified balloon operators, ensuring that the safety of passengers and crew is not compromised.
Scope and Application
The Civil Aviation Regulations 1988, as amended, govern the safety requirements for the carriage of passengers in hot air balloons, specifically targeting the balloons with nationality and registration marks VH-KIE and VH-OSI. Pursuant to subsection 98(1) of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has issued a direction under regulation 208, exempting these balloons from the requirement to carry a cabin attendant when operating with a full passenger complement of 16. This exemption is due to the design of the balloons and their baskets, which CASA has determined do not compromise safety under these conditions. However, this exemption necessitates compliance with several conditions to ensure operational safety, including the presence of two support crew members, in addition to the pilot, to supervise and assist in the loading and unloading of passengers, with these crew members located at either end of the basket. The operator must also ensure that passengers are equally distributed between the balloon’s four compartments and that all passengers can hear the pilot's instructions. The direction is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament. This direction, issued by a delegate of CASA, is effective from the day after its registration and remains in force until the end of 30 June 2009.
Key Provisions
The primary operative sections of the Civil Aviation Regulations 1988, specifically regulation 208, and paragraphs 7 and 6.1(a) of Civil Aviation Order 20.16.3, establish that balloons carrying more than 15 but not more than 36 passengers must carry a cabin attendant. However, under the direction issued by CASA, balloons with the nationality and registration marks VH-KIE and VH-OSI are exempt from this requirement. Instead, these balloons must have two support crew members, in addition to the pilot, to supervise and assist in the loading and unloading of passengers. The operator’s operations manual must detail the training these ground crew personnel have undergone to qualify for their roles. Furthermore, passengers must be equally distributed between the balloon’s four compartments, and all passengers must be able to hear the pilot’s instructions.
In terms of obligations, the operator of the balloons VH-KIE and VH-OSI must ensure that the two support crew members are present and appropriately positioned during operations. They must also ensure that the passengers are distributed evenly in the balloon’s compartments and that all passengers can hear the pilot’s instructions. Additionally, the operations manual must detail the specific training of the support crew. The operator must comply with these conditions to maintain safety standards during flights.
Any breach of the conditions set out in the direction may lead to civil or criminal consequences. Under the Civil Aviation Act 1988, failure to comply with CASA’s directions can result in various penalties. The maximum penalties for non-compliance can include fines and imprisonment, depending on the severity of the breach and whether it is a civil or criminal matter. The specific penalties are outlined in the Civil Aviation Act 1988 and related regulations, but they can be substantial, reflecting the importance of adhering to safety standards in air navigation.