EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
DIRECTION UNDER REGULATION 208 RELATING TO THE CARRIAGE OF A CABIN ATTENDANT IN A 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 regulation 5 of the Civil Aviation Regulations 1988 (the Regulations), wherever CASA is empowered to issue any direction, CASA may, unless the contrary intention appears in the regulation conferring the power, issue the direction in Civil Aviation Orders (CAOs) or otherwise in writing.
Under regulation 208 of the Regulations, 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 CAOs provides, among other things, that aircraft carrying more than 15 and not more that 36 passengers must carry a cabin attendant.
The 400,000 cubic feet hot air balloon bearing the nationality and registration marks VH-WOR is designed to carry up to 20 passengers and a pilot. Because of the design of the balloon and its basket, CASA does not consider that safety will be compromised if the balloon does not carry cabin attendants, provided that two suitably trained ground crew in addition to the pilot are available to supervise and assist in loading and unloading passengers while the balloon is on the ground.
Under regulation 5A of the Regulations, if CASA has issued a CAO and then issues a direction that affects the operation of anything in the CAO, the later direction is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. This direction affects the operation of subparagraph 6.1(a) of section 20.16.3 by specifying that cabin attendants need not be carried on the hot air balloon VH-WOR, when carrying more than 15 passengers, provided that all conditions specified in the instrument are satisfied. This direction is a prescribed direction or exemption as defined in regulation 5A. It has been tabled as a disallowable instrument.
The direction has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
The direction comes into effect on 1 July 2003 and stops having effect at the end of June 2006.
[Instrument Number: CASA 250/03]
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for comprehensive safety and operational standards in the aviation sector. The Act empowers the Governor-General to make regulations concerning the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being the designated body responsible for issuing directions and orders to implement these regulations. In this context, the Civil Aviation Regulations 1988 provide CASA with the authority to issue directions regarding the operating crew required on an aircraft, including the carriage of cabin attendants. A notable gap identified in the existing regulations pertains to the requirement for cabin attendants on hot air balloons, particularly concerning the specific safety considerations arising from their unique design and operational characteristics. This gap is addressed through specific directions issued by CASA, such as the one issued in relation to the hot air balloon VH-WOR, which allows for exceptions to the general cabin attendant requirement when certain safety conditions are met. The policy objective of these directions is to ensure that safety is not compromised while also accommodating the practicalities and unique design considerations of hot air balloons.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Regulations 1988, govern the safety of air navigation and operations within Australia. This legislation allows the Civil Aviation Safety Authority (CASA) to issue directives that pertain to various aspects of air navigation safety, including the operating crew required on aircraft. Specifically, under the Civil Aviation Regulations 1988, CASA can issue directions regarding the crew necessary for aircraft operations, which can be issued as Civil Aviation Orders (CAOs) or in written form. One such direction pertains to the carriage of cabin attendants on aircraft, with specific requirements based on passenger numbers. However, CASA has issued a direction under regulation 208 of the Civil Aviation Regulations 1988 for a specific hot air balloon, VH-WOR, which is designed to carry up to 20 passengers and a pilot, exempting it from the requirement to carry cabin attendants if two suitably trained ground crew members are available. This direction, which comes into effect on 1 July 2003 and ceases to have effect at the end of June 2006, modifies the existing CAO and has been tabled as a disallowable instrument. The authority to issue such a direction is exercised by a delegate of CASA in accordance with the regulations.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations concerning the safety of air navigation. Under the Civil Aviation Regulations 1988 (section 5), the Civil Aviation Safety Authority (CASA) has the authority to issue directions related to air navigation safety, which can be issued in Civil Aviation Orders (CAOs) or in written form unless otherwise specified. Regulation 208 of these regulations allows CASA to issue directions regarding the operating crew required on an aircraft. According to paragraph 6.1 of section 20.16.3 of the CAOs, aircraft carrying more than 15 but not more than 36 passengers must carry a cabin attendant.
This regulation, however, has a specific exemption for the hot air balloon bearing the registration marks VH-WOR. The balloon, which is designed to carry up to 20 passengers and a pilot, does not require a cabin attendant when carrying more than 15 passengers. CASA has determined that the safety of the balloon will not be compromised if it does not carry cabin attendants, provided that two suitably trained ground crew members, in addition to the pilot, are available to supervise and assist in the loading and unloading of passengers while the balloon is on the ground. This decision is based on the design of the balloon and its basket.
There are specific obligations and requirements under this direction. The hot air balloon VH-WOR must adhere to the conditions specified in the instrument for the exemption to be valid. This means ensuring that two suitably trained ground crew members are present during ground operations. This direction also takes precedence over the CAO requirement for cabin attendants on aircraft carrying more than 15 passengers. If CASA issues a new direction affecting an existing CAO, the new direction is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901. The direction in question, which exempts the VH-WOR balloon from the cabin attendant requirement, is considered a prescribed direction or exemption as defined in regulation 5A of the Civil Aviation Regulations 1988.
In terms of penalties and consequences, any breach of the conditions specified in the direction could result in civil or criminal consequences. While the exact penalties are not detailed in the provided text, it is clear that non-compliance with CASA’s safety directives can lead to significant legal repercussions. The direction is in effect from 1 July 2003 until the end of June 2006, after which the standard requirement for cabin attendants on aircraft carrying more than 15 passengers would again apply to the VH-WOR balloon unless further directions are issued by CASA.