CASA 267/03 - Direction under regulation 208 relating to the carriage of a cabin attendant in a hot air balloon

Overview

The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations that address various aspects of aviation safety, including the requirements for operating crews on aircraft. One such regulation, the Civil Aviation Regulations 1988, further delineates operational standards and safety measures. Specifically, regulation 208 allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the crew required on aircraft, and regulation 5A allows CASA to issue directions that may affect existing Civil Aviation Orders (CAOs). This legislative framework was designed to address the need for stringent safety measures in air navigation while allowing for flexibility in operational requirements based on specific circumstances. The particular direction under regulation 208 relates to the carriage of a cabin attendant on a 400,000 cubic feet hot air balloon identified as VH-ROU. Given the design constraints of the balloon and its basket, CASA has determined that safety will not be compromised if this balloon does not carry a cabin attendant, provided that two suitably trained ground crew members are available to assist in loading and unloading passengers. This direction, which specifies that a cabin attendant is not required on the hot air balloon VH-ROU when carrying more than 15 passengers, provided certain conditions are met, is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. It is important to note that this direction is temporary, ceasing to have effect at the end of June 2006. The issuance of this direction adheres to regulatory processes outlined in the Civil Aviation Regulations 1988, ensuring alignment with the overarching policy objective of maintaining high safety standards in civil aviation.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, provide for the safety of air navigation and the issuance of directions concerning the operating crew required on aircraft. Specifically, regulation 208 allows the Civil Aviation Safety Authority (CASA) to issue directions regarding crew requirements, which can be implemented through Civil Aviation Orders or other written directives. One such direction pertains to the carriage of a cabin attendant on a hot air balloon, where CASA has determined that for the balloon VH-ROU, designed to carry up to 20 passengers and a pilot, the absence of a cabin attendant does not compromise safety, provided two trained ground crew members are available. This exemption, affecting subparagraph 6.1(a) of section 20.16.3 of the Civil Aviation Orders, is a disallowable instrument under the Acts Interpretation Act 1901 and is issued by a delegate of CASA, with its effect set to expire at the end of June 2006.

Key Provisions

The Civil Aviation Act 1988 (Act) and the Civil Aviation Regulations 1988 (Regulations) govern the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for these purposes, while Regulation 5 of the Regulations specifies that directions can be issued in Civil Aviation Orders (CAOs) or in written form. Regulation 208 further permits the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on aircraft. In particular, under 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 applies to the hot air balloon bearing the nationality and registration marks VH-ROU, designed to carry up to 20 passengers and a pilot. However, CASA has issued a direction under regulation 208 that, due to the balloon's design and basket, a cabin attendant need not be carried if two suitably trained ground crew are present to supervise and assist in loading and unloading passengers while the balloon is on the ground. This direction modifies subparagraph 6.1(a) of section 20.16.3 by specifying an exemption for the hot air balloon VH-ROU, provided all conditions in the direction are met. This direction is considered a prescribed direction or exemption under regulation 5A and has been tabled as a disallowable instrument under section 46A of the Acts Interpretation Act 1901. The obligations under this direction require the operator of the hot air balloon VH-ROU to ensure that two suitably trained ground crew members are present whenever the balloon carries more than 15 passengers. These crew members must be available to supervise and assist in the loading and unloading of passengers. Failure to comply with these conditions would mean that the balloon must carry a cabin attendant, as stipulated in the CAOs. Breaching the conditions specified in this direction can result in civil or criminal consequences. Although the exact penalties are not stated in the direction, general provisions under the Civil Aviation Act 1988 could apply, including fines and potential prosecution. The specific penalties would depend on the nature and severity of the breach. The direction ceases to have effect at the end of June 2006, unless extended by CASA.