CASA 252/03 - Direction under regulation 208 relating to the carriage of a cabin attendant in a balloon

Overview

The Civil Aviation Regulations 1988 were enacted to regulate the safety of air navigation in Australia, with the overarching aim of ensuring the safety of the public and aviation personnel. The Civil Aviation Act 1988 empowers the Governor-General to make regulations concerning air navigation safety. One such regulation, 208, allows the Civil Aviation Safety Authority (CASA) to provide directives regarding the operating crew required on aircraft, taking into account the imperatives of air navigation safety. In this context, CASA has directed that aircraft carrying more than 15 but not more than 36 passengers in charter or regular public transport operations must include a cabin attendant. However, a specific direction has been issued for Global Ballooning Pty Ltd, which operates a 350,000 cubic feet hot air balloon designed to carry up to 16 passengers and a pilot. CASA has determined that the safety of this balloon’s operations would not be compromised if it did not carry a cabin attendant when at full passenger capacity. This direction, issued under the authority of the Civil Aviation Orders, specifies that Global Ballooning Pty Ltd can conduct charter operations with 16 persons without a cabin attendant, provided all conditions of the direction are met. This regulatory adjustment responds to the unique design characteristics of the specified balloon, thereby maintaining safety standards while allowing for operational flexibility.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under section 98 of the Civil Aviation Act 1988 govern the safety of air navigation, including regulations concerning the operating crew required on aircraft. Specifically, regulation 208 of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the crew necessary for safe air navigation. According to paragraph 6.1 of section 20.16.3 of the Civil Aviation Orders (CAOs), aircraft carrying between 15 and 36 passengers engaged in charter or regular public transport operations must carry a cabin attendant. However, this requirement does not apply to Global Ballooning Pty Ltd's hot air balloon VH-AUK, which is designed to carry up to 16 passengers and a pilot, due to the specific design and safety considerations of the balloon and its basket. This exclusion is specified in a direction issued by a CASA delegate, effective from 1 July 2003 to 30 June 2006, allowing Global Ballooning Pty Ltd to conduct charter operations with up to 16 passengers without a cabin attendant, provided all conditions outlined in the direction are met. This direction amends a previous CAO and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under regulation 208 empower the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew required for aircraft operations, with a focus on ensuring the safety of air navigation. Specifically, in accordance with section 20.16.3 of the Civil Aviation Orders (CAOs), CASA has mandated that aircraft engaged in charter or regular public transport operations, carrying between 16 and 35 passengers, must be accompanied by a cabin attendant. However, in a notable exception, CASA has issued a direction under regulation 5A of the CAR 1988, allowing Global Ballooning Pty Ltd, which operates the hot air balloon VH-AUK, to conduct charter operations with a full passenger complement of 16 without the requirement of a cabin attendant. This exemption is grounded in the specific design of the balloon and its basket, which CASA has assessed as not compromising safety under such conditions. Global Ballooning Pty Ltd, operating the 350,000 cubic feet hot air balloon VH-AUK, is authorised by CASA to carry up to 16 passengers and a pilot without the necessity of a cabin attendant. This authorisation hinges on the compliance with all conditions stipulated in the CASA direction, which includes the specific operational parameters under which the balloon can be flown without a cabin attendant. The direction also specifies that it applies only to operations conducted between 1 July 2003 and the end of June 2006. The decision to exempt this particular balloon from the cabin attendant requirement is based on CASA's assessment that the design of the balloon and its basket does not necessitate the presence of a cabin attendant for safety purposes when carrying the maximum number of 16 passengers. The obligations imposed on Global Ballooning Pty Ltd under this direction include strict adherence to the conditions set forth by CASA. These conditions likely encompass operational protocols, safety checks, and possibly limitations on the types of operations that can be conducted under this exemption. Compliance with these conditions is crucial to maintain the validity of the exemption and to ensure that the operations remain within the safety parameters approved by CASA. Failure to comply with these conditions could potentially invalidate the exemption, thereby necessitating the carriage of a cabin attendant on the balloon for charter operations involving 16 passengers. In the event of a breach of the conditions specified in the CASA direction, there may be significant legal consequences. Although the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of aviation safety regulations generally attract severe penalties under the Civil Aviation Act 1988. These could include fines, suspension or revocation of operational permits, and other regulatory actions that could impact the operational capacity of Global Ballooning Pty Ltd. Given the paramount importance of safety in aviation, strict adherence to CASA's directions and conditions is imperative.