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]
Overview
The Civil Aviation Regulations 1988, as amended by the Direction under Regulation 208 Relating to the Carriage of a Cabin Attendant in a Balloon, address the specific issue of cabin attendant requirements for certain hot air balloons during charter or regular public transport operations. Enacted under the authority of section 98 of the Civil Aviation Act 1988 by the Australian Parliament, the regulations aim to ensure the safety of air navigation. The Civil Aviation Orders (CAOs) initially mandated that aircraft carrying between 15 and 36 passengers must carry a cabin attendant. However, this particular direction, issued by the Civil Aviation Safety Authority (CASA), recognises the unique design of Global Ballooning Pty Ltd's 350,000 cubic feet hot air balloon VH-EOA and its basket, determining that safety would not be compromised by the absence of a cabin attendant when carrying up to 16 passengers. This direction, effective from 1 July 2003 until the end of June 2006, allows Global Ballooning Pty Ltd to operate without a cabin attendant under specified conditions.
Scope and Application
The Civil Aviation Regulations 1988, specifically as amended by the direction issued under regulation 208, applies to Global Ballooning Pty Ltd, which operates the hot air balloon VH-EOA. The direction pertains to the carriage of a cabin attendant on the balloon when it operates with a full passenger complement of 16 persons. The scope of this legislation is limited to the operations of this particular balloon, and it is subject to the conditions specified in the direction. This direction does not apply to any other aircraft or operators unless similarly specified by CASA. The geographic reach of this direction is effectively national, given that CASA, as the regulatory body under the Civil Aviation Act 1988, operates within Australia's jurisdiction. This direction excludes the requirement for Global Ballooning Pty Ltd to carry a cabin attendant on the balloon VH-EOA when operating with a full complement of 16 passengers, provided all specified conditions are met. This direction supersedes earlier Civil Aviation Orders that mandated cabin attendants for such operations, but it remains in effect only until June 2006.
Key Provisions
The key operative sections of this legislation revolve around regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), which allows the Civil Aviation Safety Authority (CASA) to give directions concerning the operating crew required on an aircraft for safety reasons. Specifically, under paragraph 6.1 of section 20.16.3 of the Civil Aviation Orders (CAOs), CASA has previously directed that aircraft carrying more than 15 and not more than 36 passengers must carry a cabin attendant during charter or regular public transport operations. However, this new direction under regulation 5A of CAR 1988 modifies this requirement for Global Ballooning Pty Ltd's hot air balloon VH-EOA, which is designed to carry up to 16 passengers and a pilot. The new direction specifies that cabin attendants need not be carried on this balloon when it carries more than 15 passengers, provided all specified conditions are met.
The obligations and requirements imposed by this Act are primarily concerned with ensuring safety in air navigation. Global Ballooning Pty Ltd, the operator of the balloon VH-EOA, must comply with the conditions set out in the direction issued by CASA. These conditions are designed to ensure that the safety of passengers is not compromised despite the absence of a cabin attendant. This involves adhering to the operational protocols and any other safety measures CASA deems necessary to mitigate potential risks. Compliance with these conditions is mandatory and must be strictly followed to maintain the validity of the exemption granted by CASA.
Failure to comply with the conditions set out in this direction can result in civil and criminal consequences. Under the Civil Aviation Act 1988, any breach of the regulations can lead to enforcement actions, including fines and potential prosecution. The exact penalties for non-compliance would depend on the severity of the breach and the discretion of the court. It is important for Global Ballooning Pty Ltd to ensure that all operations of the balloon VH-EOA adhere strictly to the specified conditions to avoid any legal repercussions. CASA retains the right to take action against any violations, which could result in significant penalties.