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) provided that the Governor-General may make regulations for the purposes 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 than 36 passengers must carry a cabin attendant.  Paragraph 7.1 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 latter instrument is a disallowable instrument for the purpose of section 46A of the Acts Interpretation Act 1901.

This direction applies to the class 4 Cameron 300 hot air balloon VH‑VIM which is designed to carry up to 16 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 the full passenger complement of 16 persons.

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, comes into effect on 1 July 2004 and stops having effect at the end of June 2007.

[Instrument Number CASA 302/04]