EXPLANATORY STATEMENT
CIVIL AVIATION ACT
CIVIL AVIATION REGULATIONS 1988
REGULATION 208
DIRECTION — CARRIAGE OF CABIN ATTENDANT 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. Paragraphs 7 and subparagraph 6.1 (a) of section 20.16.3 of the Civil Aviation Orders (the CAOs) 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.
Because of the designs of the balloons and their basket, CASA does not consider that safety would be compromised if the balloons did not carry cabin attendants 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 passenger. 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 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 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 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 on the Federal Register of Legislative Instruments and stops having effect at the end of June 2006.
[Instrument number 194/05]
Overview
The Civil Aviation Regulations 1988, as amended by the F2005L01387 legislative instrument, address the need for specific safety measures in the carriage of passengers on hot air balloons, particularly regarding the presence of cabin attendants. This legislative instrument was introduced to ensure that the safety of air navigation is maintained while recognising the unique design constraints of hot air balloons. The Civil Aviation (Administration) Act 1988 empowers the Governor-General to enact such regulations, and the Civil Aviation Safety Authority (CASA) is responsible for issuing directions under this Act. The policy objective is to balance the safety requirements with the operational practicality of hot air balloon flights, ensuring that the necessary safety standards are met without unduly compromising the nature of the activity. This direction, which has been issued by a delegate of CASA, specifies conditions including the requirement for support ground crew to assist in passenger loading and unloading, as well as the distribution of passengers and communication protocols during flight.
Scope and Application
The Civil Aviation Act 1988, under the authority conferred by its Section 98(1), allows for the creation of regulations that aim to ensure the safety of air navigation. Regulation 208 of the Civil Aviation Regulations 1988 further empowers the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew required on aircraft to maintain safety. This regulatory framework applies specifically to hot air balloons carrying more than 15 but not more than 36 passengers, where the absence of a cabin attendant does not compromise safety. The regulation outlines conditions that operators must adhere to, such as having two support crew members in addition to the pilot to manage passenger loading and unloading, ensuring equal distribution of passengers among the balloon's compartments, and ensuring all passengers can hear the pilot's instructions. These conditions are intended to mitigate any safety risks associated with the absence of a cabin attendant. The authority for these directions extends through legislative instruments as defined under the Legislative Instruments Act 2003, and they are subject to parliamentary disallowance procedures. The direction is effective from the day after its registration and remains in force until the end of June 2006.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) as amended by this legislation pertain to the carriage of cabin attendants in hot air balloons. Regulation 208 allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on an aircraft, specifically in relation to hot air balloons. Section 20.16.3 of the Civil Aviation Orders (CAOs) specifies that while balloons carrying more than 15 but not more than 36 passengers must generally carry a cabin attendant, balloons carrying exactly 16 passengers may operate without a cabin attendant under certain conditions. These conditions include having two support crew members, in addition to the pilot, to supervise and assist in the loading and unloading of passengers, ensuring that passengers are equally distributed between the balloon's four compartments, and guaranteeing that all passengers can hear the pilot's instructions. The operator's operations manual must also detail the training that the ground crew has undergone to qualify for their roles.
The obligations imposed on the parties governed by this Act include strict adherence to the conditions set out in the direction. Operators must ensure that two support crew members are present to assist with passenger loading and unloading, with these crew members being stationed at either end of the balloon’s basket. Operators must also document the training of these ground crew members in their operations manual. Furthermore, operators must ensure that passengers are equally distributed among the balloon's four compartments and that all passengers can hear the pilot’s instructions during the flight. These obligations are essential to maintaining safety standards while allowing flexibility in crewing requirements for balloons carrying exactly 16 passengers.
In terms of offences, penalties, or consequences for breach, the Act does not explicitly outline specific penalties within the Explanatory Statement. However, as a legislative instrument, any failure to comply with the conditions set out in this direction could potentially result in regulatory action by CASA, which may include fines, suspension of operating permits, or other enforcement measures under the Civil Aviation Act 1988. The severity of the consequences would depend on the nature and extent of the non-compliance, and CASA would have the authority to take appropriate action to ensure compliance with safety regulations.