EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
REGULATION 208
DIRECTION RELATING TO THE CARRIAGE OF CABIN ATTENDANTS IN BALLOONS
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.
Subparagraph 6.1 (a) 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 than 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 a direction that avoids these requirements. It applies to the B350 balloon with nationality and registration marks VH-UNK which is designed to carry up to 16 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 16 passengers.
Conditions include, where 16 passengers are carried, the presence of 2 suitably trained support ground crew, in addition to the pilot, to supervise and assist in loading and unloading of passengers.
Other conditions require that the passengers be equally distributed, by weight, 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 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).
Under subparagraph 6 (d) (i) of the LIA, an instrument is a legislative instrument if declared to be a disallowable instrument under legislation in force before the commencing day of the LIA.
As a legislative instrument, this instrument 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. The instrument revokes and replaces an instrument that applies to the same operator and balloon and is in substantially the same terms.
Registration under the Legislative Instruments Act 2003
The instrument has been lodged for registration under section 25 of the LIA together with a copy of this explanatory statement.
The direction commences on the day after it is registered on the Federal Register of Legislative Instruments and stops having effect at the end of May 2008.
The instrument has been issued by the Acting General Manager, General Aviation Operations, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA 204/05]