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]
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to provide a comprehensive framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations related to aviation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to manage specific operational aspects of aviation through the Civil Aviation Regulations 1988. The problem this legislation addresses includes the need to ensure the safety of air navigation and the operational crew requirements for various types of aircraft. The policy objective is to maintain high safety standards while accommodating the practical realities of different types of aircraft and their operations.
The Civil Aviation Regulations 1988 include provisions that allow CASA to issue directions regarding the operating crew required on an aircraft, as stipulated in regulation 208. In response to specific operational needs and safety considerations, CASA issued a direction under regulation 208 for the class 4 Kavanagh 300 hot air balloon VH-AWE, which is designed to carry up to 18 passengers and a pilot. The direction acknowledges that the design of the balloon and its basket does not compromise safety if it does not carry a cabin attendant and does not have an aisle, provided certain conditions are met, such as having two support ground crew members and ensuring passengers are evenly distributed and can hear the pilot’s instructions. This direction, issued by a delegate of CASA and effective from 1 August 2003 until the end of July 2006, aims to balance safety requirements with the practicalities of operating such a balloon.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations 1988 and the Civil Aviation Orders, governs the carriage of a cabin attendant in a balloon, specifically targeting the class 4 Kavanagh 300 hot air balloon VH-AWE designed to carry up to 18 passengers and a pilot. This legislation applies to the operations of the specified balloon, ensuring safety and regulatory compliance. The regulations allow for the issuance of directions by the Civil Aviation Safety Authority (CASA) regarding the operating crew, with the specific direction in question addressing scenarios where the balloon operates with up to its full passenger complement of 18 persons. CASA has determined that the absence of a cabin attendant and an aisle does not compromise safety given the balloon's design and basket configuration. Additionally, the regulation mandates that two support ground crew members be available to assist with passenger loading and unloading when more than 16 passengers are carried, with these personnel required to be stationed at either end of the basket. The operator is obligated to ensure these ground crew members receive suitable training. The direction issued by a CASA delegate, pursuant to the Civil Aviation Regulations 1988, became effective on 1 August 2003 and ceased to have effect at the end of July 2006.
Key Provisions
The main operative sections of this legislation, specifically the direction issued under regulation 208 of the Civil Aviation Regulations 1988, pertain to the carriage of a cabin attendant in a specific type of balloon, the class 4 Kavanagh 300 hot air balloon VH-AWE, designed to carry up to 18 passengers and a pilot (section 98 of the Civil Aviation Act 1988). This direction was issued by a delegate of CASA and it outlines the conditions under which this particular balloon can operate. For instance, it permits the balloon to operate without a cabin attendant when carrying up to 18 passengers, and it allows for the absence of an aisle, which would typically be required by regulation if a cabin attendant were present (paragraphs 6.1 and 7.1 of section 20.16.3 of the Civil Aviation Orders).
The obligations and requirements imposed by this direction on the parties involved are primarily safety-related and operational. The balloon operator must ensure that two support ground crew are available to supervise and assist in the loading and unloading of passengers while the balloon is on the ground if more than 16 passengers are carried (Explanatory Statement). These ground crew personnel must be located at either end of the basket. Additionally, the operator must provide for suitable training for the ground personnel. The direction also mandates that passengers should be equally distributed between the balloon’s four compartments and that all passengers must be able to hear the pilot in command’s instructions to ensure safety and communication during the flight.
Failure to comply with the provisions of this direction may result in various consequences. The legislation does not explicitly state the exact offences, penalties, or civil/criminal consequences for breach; however, it is implied that non-compliance could compromise the safety standards set forth by the Civil Aviation Act and the Civil Aviation Regulations. Given the safety-centric nature of aviation regulations, breaches could potentially lead to enforcement actions by the Civil Aviation Safety Authority (CASA) which may include fines, suspension, or revocation of the operator's licence. The exact penalties would depend on the severity and nature of the breach.