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 Cameron 315 hot air balloon VH‑CNR 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 be equally distributed, as far as possible, 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 299/03]
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, addressing issues related to the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations concerning the safety of air navigation, and in this capacity, the Civil Aviation Safety Authority (CASA) was established to administer and enforce these regulations. The policy objective of the Act is to ensure the highest standards of safety and efficiency in the operation of aircraft. The Civil Aviation Regulations 1988 (CAR 1988) complement the Act by providing detailed rules and standards that must be adhered to by all aviation operators. This legislation was introduced to address the need for a structured and authoritative approach to managing the complexities of civil aviation in Australia, ensuring both public safety and the smooth operation of the aviation industry.
The Direction under regulation 208 relating to the carriage of a cabin attendant in a balloon was issued by a delegate of CASA in accordance with the authority granted under the Civil Aviation Regulations 1988. This Direction applies specifically to the class 4 Cameron 315 hot air balloon VH-CNR, which is designed to carry up to 18 passengers and a pilot. CASA determined that the design of the balloon, including its basket, does not necessitate the presence of a cabin attendant or an aisle to maintain safety during operations with up to the full passenger complement of 18 persons. However, the Direction mandates that two support ground crew 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 must be positioned at either end of the basket, and the operator is required to ensure that they receive suitable training. Additionally, the Direction stipulates that passengers must be equally distributed between the balloon’s four compartments and that all passengers must be able to hear the pilot in command’s instructions. This Direction came into effect on 1 August 2003 and ceased to have effect at the end of July 2006.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide the framework for regulating the safety of air navigation in Australia, with the Civil Aviation Orders supplementing these regulations. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations concerning the safety of air navigation, while regulation 208 allows the Civil Aviation Safety Authority (CASA) to issue directives related to the operating crew required on an aircraft. The specific direction under consideration relates to the carriage of a cabin attendant in the class 4 Cameron 315 hot air balloon, VH-CNR, designed to carry up to 18 passengers and a pilot. CASA has determined that the absence of an aisle or the non-carriage of a cabin attendant does not compromise safety for this particular balloon, provided it operates within its full passenger complement of 18 persons. The direction mandates that two support ground crew members must be present to assist with passenger loading and unloading when carrying more than 16 passengers, with these personnel stationed at either end of the basket. The operator is also required to ensure suitable training for these ground crew members. Additionally, the direction stipulates that passengers should be distributed as evenly as possible among the balloon's four compartments and that all passengers must be able to hear the pilot in command’s instructions. This direction, issued by a CASA delegate in accordance with regulation 7 of the Civil Aviation Regulations 1988, is effective from 1 August 2003 until the end of July 2006.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988, specifically regulation 208, allow the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required to be carried on an aircraft. The current direction, as per CASA 299/03, applies to the Cameron 315 hot air balloon VH-CNR, which is designed to carry up to 18 passengers and a pilot. According to this direction, the balloon does not need to carry a cabin attendant when operating with up to the full passenger complement of 18, as CASA has determined that safety will not be compromised by the absence of an aisle in the balloon's design. Furthermore, two support ground crew members must be available to assist with loading and unloading passengers while the balloon is on the ground if more than 16 passengers are carried. These ground crew members must be located at either end of the basket, and the operator is required to provide suitable training for them.
The obligations and requirements imposed by this Act and its regulations are primarily safety-focused. The direction mandates that passengers must be equally distributed between the balloon's four compartments as far as possible and that all passengers must be able to hear the pilot in command's instructions. Additionally, the operator must ensure that the two ground crew members are properly trained and available during operations involving more than 16 passengers. This is to ensure that the safety and efficiency of the balloon's operations are maintained, despite the absence of a cabin attendant and an aisle.
In terms of consequences for breach, the Act and the associated regulations do not specify particular offences or penalties for non-compliance with the direction. However, CASA has the authority to take action against operators who fail to adhere to the regulations, which could potentially include fines, suspension or revocation of operating permits, or other enforcement actions. It is also important to note that any subsequent directions issued by CASA that amend, vary or repeal the current direction are subject to disallowance under section 46A of the Acts Interpretation Act 1901. This means that Parliament has the opportunity to review and potentially disallow any changes made to the current direction within a specified period.