EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
DIRECTION UNDER REGULATION 208 RELATING TO THE CARRIAGE OF A CABIN ATTENDANT IN A 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 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. Under paragraph 6.1 of section 20.16.3 of the Civil Aviation Orders (CAOs), CASA has directed, among other things, that aircraft carrying more than 15 and not more than 36 passengers while engaged in charter, or regular public transport, operations must carry a cabin attendant.
Global Ballooning Pty Ltd (Aviation Reference Number 543317) operates the 350,000 cubic feet hot air balloon VH-EOA which is designed to carry up to 16 passengers and a pilot. Because of the design of the balloon and its basket, CASA does not consider that safety would be compromised if the balloon did not carry a cabin attendant during operations with the full passenger complement of 16 persons.
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and later issues another direction that has the effect of amending, varying or repealing the CAO, the later instrument 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-EOA, when carrying more than 15 passengers, provided that all conditions specified in the instrument are satisfied.
This direction, issued by a delegate of CASA in accordance with regulation 7 of CAR 1988, authorises Global Ballooning Pty Ltd, subject to stated conditions, to engage in charter operations involving the carriage of 16 persons without carrying a cabin attendant.
The direction comes into effect on 1 July 2003 and stops having effect at the end of June 2006.
[Instrument Number CASA 251/03]