EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
SUBREGULATION 208 (1)
DIRECTION — CARRIAGE OF CABIN ATTENDANTS IN HOT AIR 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 235 (7) of the Civil Aviation Regulations 1988 (CAR 1988), CASA made Civil Aviation Orders (the CAOs) in relation to passengers and goods on aircraft. Paragraph 6.1 of section 20.16.3 of the CAOs provides, among other things, that aircraft in charter or regular public transport operations carrying more than 15 but not more that 36 passengers must carry a cabin attendant. Paragraph 7.1 of section 20.16.3 of the CAOs provides that whenever a cabin attendant is so required, the aircraft must also have an aisle.
Under subregulation 208 (1) of CAR 1988, CASA may give directions as to the numbers of operating crew required to be carried on an aircraft, having regard to the safety of air navigation.
This instrument is a direction about cabin attendants on certain hot air balloons operated in charter operations by Outback Ballooning Pty Ltd. It applies to specific Kavanagh E-300 and B-350 balloons designed to carry not more than 16 passengers, and a Kavanagh B-400 balloon designed to carry not more than 20 passengers. Because of the design of these balloons and their baskets, 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 not more than 16 or 20 passengers.
Conditions include, that if more than 16 passengers are carried (permissible on the Kavanagh B-400 only), there must be 2 suitably trained 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. The operations manual must also set out the duties of the pilot in command in relation to briefing and controlling passengers in normal and emergency situations.
Other conditions require that the passengers must be equally distributed between the balloon’s 4 compartments and that all passengers must be 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 concerning passengers and goods continue to apply.
The instrument revokes a previous instrument (CASA 538/03), which expires at the end of November 2006, and replaces it in a modified form with the same conditions. One modification adds 2 new Kavanagh B-350 balloons to those that may operate without cabin attendants and aisles (VH-CJP and VH-OZK). The other modification deletes reference to a balloon that was misdescribed as a Kavanagh E-300 model and erroneously included in the earlier instrument.
Legislative Instruments Act
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 declared to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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. The instrument affects the operation of subparagraph 6.1 (a) and paragraph 7.1 of section 20.16.3 of the CAOs. It 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 instrument replaces a similar previous instrument specifically at the request of the operator to whom it applies. A similar instrument would be issued to any appropriate operator with similar balloons who could meet the same conditions.
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 November 2006.
[Instrument number CASA 214/05]
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate civil aviation and ensure safety within the industry. One of its provisions allows the Civil Aviation Safety Authority (CASA) to make regulations and directions concerning air navigation safety. An example of this is the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Orders (CAOs) that CASA issues, which govern various aspects of aviation operations, including the carriage of cabin attendants in aircraft. Under the Civil Aviation Regulations, CASA may give directions about the number of operating crew required on an aircraft, taking into account the safety of air navigation. This framework addresses the need for specific safety measures in various aviation scenarios.
The Civil Aviation (Carriage of Cabin Attendants in Hot Air Balloons) Direction 2005 targets a specific operational scenario involving hot air balloons operated by Outback Ballooning Pty Ltd. Given the unique design of certain Kavanagh balloons, CASA issued a direction allowing specific models (E-300, B-350, and B-400) to operate without a cabin attendant or an aisle under certain conditions, such as carrying no more than 16 or 20 passengers, depending on the balloon model. This decision balances safety with operational flexibility, provided that additional ground crew are present during operations carrying more than 16 passengers, and that passengers are distributed and briefed appropriately. The direction also specifies training and operational requirements for ground crew and the pilot in command.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the instrument CASA 214/05, govern the carriage of cabin attendants in certain hot air balloons operated by Outback Ballooning Pty Ltd in charter operations. Specifically, this regulation applies to three types of hot air balloons: the Kavanagh E-300 and B-350 models, which can carry up to 16 passengers, and the Kavanagh B-400 model, which can carry up to 20 passengers. The regulation allows for the operation of these balloons without a cabin attendant and without an aisle, provided certain conditions are met to ensure safety. These conditions include having two trained ground crew members present during operations when carrying more than 16 passengers, ensuring an even distribution of passengers across the four compartments of the balloon, and requiring all passengers to be able to hear the pilot's instructions. The instrument revokes a previous one (CASA 538/03) and includes modifications such as the addition of two new balloons eligible for operation under these conditions and the correction of a misdescription in the earlier instrument. The instrument is subject to disallowance under the Legislative Instruments Act 2003, as it affects certain provisions of the Civil Aviation Orders concerning passengers and goods.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988, as amended by this instrument, pertain to the carriage of cabin attendants in hot air balloons operated by Outback Ballooning Pty Ltd. Specifically, subregulation 208(1) allows the Civil Aviation Safety Authority (CASA) to give directions regarding the number of operating crew required on certain aircraft, taking into account safety considerations. This direction applies to specific Kavanagh E-300 and B-350 balloons, which are designed to carry no more than 16 passengers, and a Kavanagh B-400 balloon, designed to carry no more than 20 passengers (subregulation 208(1)). According to this direction, these balloons may operate without carrying a cabin attendant or having an aisle if certain conditions are met, primarily relating to passenger distribution and the presence of trained ground crew (subregulation 208(1)). These conditions ensure that the absence of an aisle or cabin attendant does not compromise safety, provided that specific operational protocols are adhered to.
The obligations imposed by this direction on Outback Ballooning Pty Ltd and its associated parties are stringent and multifaceted. Firstly, if more than 16 passengers are carried on the Kavanagh B-400 balloon, there must be two suitably trained ground crew members, in addition to the pilot, to supervise and assist in the loading and unloading of passengers. These ground crew members must be stationed at either end of the balloon's basket, and their qualifications and training must be documented in the operator’s operations manual (subregulation 208(1)). Furthermore, the operations manual must also detail the pilot in command's responsibilities in briefing and controlling passengers during both normal and emergency situations. Another critical condition is that passengers must be equally distributed among the balloon's four compartments, and all passengers must be able to hear the pilot's instructions clearly (subregulation 208(1)).
Failing to comply with the conditions set forth in this direction can result in significant legal and operational repercussions. The authority to issue such directions stems from section 98 of the Civil Aviation Act 1988, and any breach of these conditions could be viewed as a violation of the Act. Although the specific penalties for non-compliance are not detailed in the explanatory statement, the Civil Aviation Act 1988 generally allows for both civil and criminal penalties, including fines and imprisonment, for breaches of aviation safety regulations. The seriousness of these potential consequences underscores the importance of strict adherence to the conditions outlined in the direction. Additionally, as a legislative instrument, the direction is subject to tabling and disallowance in the Parliament, further emphasizing the regulatory oversight and accountability required for such operations.