EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
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. Paragraph 6.1 of section 20.16.3 of the Civil Aviation Orders (CAOs) provides, among other things, that aircraft carrying more than 15 and not more that 36 passengers must carry a cabin attendant. Paragraph 7.1 of section 20.16.3 of the CAOs requires that whenever a cabin attendant is required to be carried in accordance with paragraph 6.1, the aircraft must have an aisle.
Under regulation 5A of CAR 1988 if CASA has issued a direction in the form of a CAO and later issues another direction which 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 Explanatory Statement applies to the class 4 Kavanagh 300 hot air balloon VH‑AWE which is designed to carry up to 18 passengers and a pilot. Because of the design of the balloon and its basket, CASA does not consider that safety will be compromised by the absence of an aisle or if the balloon does not carry a cabin attendant during operations with up to the full passenger complement of 18 persons. Two support ground crew in addition to the pilot must be available to supervise and assist in loading and unloading passengers while the balloon is on the ground if more than 16 passengers are carried. These ground crew personnel are to be located at either end of the basket. The operator must provide for suitable training for the ground personnel.
There are also other conditions in the direction requiring, for instance, that the passengers, as far as possible, be equally distributed between the balloon’s 4 compartments and that all passengers are able to hear the pilot in command’s instructions.
The direction was issued by a delegate of CASA in accordance with regulation 7 of CAR 1988 and comes into effect on 1 August 2003 and stops having effect at the end of July 2006.
[Instrument Number: CASA 298/03]