EXPLANATORY STATEMENT
CIVIL AVIATION ACT
CIVIL AVIATION REGULATIONS 1988
DIRECTION — CARRIAGE OF CABIN ATTENDANT IN HOT AIR BALLOON
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of 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 having regard to the safety of air navigation. Subsections 7 and subparagraph 6.1 (a) of Civil Aviation Order 20.16.3 were made under regulation 208 and provide, among other things, that aircraft carrying more than 15 and not more than 36 passengers must carry a cabin attendant.
Because of the design of the balloon and its basket, CASA does not consider that safety would be compromised if the balloon did not carry a cabin attendant during operations with the full passenger complement of 18.
The direction sets out various conditions that the operator must comply with. These include, where 18 passengers are carried, the presence of 2 support ground crew, in addition to the pilot, to supervise and assist in loading and unloading passengers. These ground crew personnel must be located at either end of the basket and the operator’s operations manual must set out the course of training they have undergone to qualify for the role of ground crew.
Other conditions require that the passengers be equally distributed between the balloon’s 4 compartments and that all passengers are able to hear the pilot’s instructions. Apart from paragraph 6.1 and paragraph 7.1, other relevant provisions of the Order continue to apply.
Under subparagraph 6 (d) (i) of the Legislative Instrument Act (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation under section 17 of the LIA has not been undertaken in this case. Previous directions have been issued for the same purpose to the named operator and to others.
The direction has been issued by a delegate of CASA. It commences on the day after it is registered on the Federal Register of Legislative Instruments and stops having effect at the end of June 2008.
[Instrument number CASA 306/05]
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the framework for civil aviation safety and regulation. This legislation was introduced to address the need for stringent safety measures and regulatory oversight in the aviation sector to ensure the safety of air navigation. One of the significant mechanisms under this Act is the ability of the Governor-General to make regulations, as seen in the context of the Civil Aviation Regulations 1988. The Civil Aviation (Carriage of Cabin Attendant in Hot Air Balloon) Direction 2005 was issued under the authority granted by the Act to address specific safety concerns regarding hot air balloons. This direction was issued by a delegate of the Civil Aviation Safety Authority (CASA) to ensure that the operations of hot air balloons carrying up to 18 passengers could be safely managed without requiring a cabin attendant, provided certain conditions were met. These conditions include the presence of two support ground crew during operations and adherence to specific guidelines for passenger distribution and communication. The direction was designed to maintain safety standards while allowing for operational flexibility, and it was subject to parliamentary oversight as per the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the Direction regarding the carriage of cabin attendants in hot air balloons, applies to operators of hot air balloons that carry more than 15 but not more than 36 passengers. This legislative instrument was issued under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation. The Direction specifically addresses the requirement for operating crew on balloons, deviating from the standard requirements by allowing balloons with a full passenger complement of 18 to operate without a cabin attendant, provided certain conditions are met. These conditions include the presence of two support ground crew members who must supervise and assist in passenger loading and unloading, be located at either end of the basket, and have undergone specific training as outlined in the operator’s manual. The Direction also mandates that passengers be equally distributed among the balloon’s compartments and that they can hear the pilot’s instructions. This Direction is applicable on a national level and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act. It is effective from the day after its registration on the Federal Register of Legislative Instruments until the end of June 2008.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for air safety purposes, and under this authority, the Civil Aviation Regulations 1988 empower the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew on aircraft. Specifically, subsection 98(1) of the Act and regulation 208 of the CAR 1988 facilitate the creation of these directions. A pertinent example is the direction regarding the carriage of a cabin attendant in hot air balloons, outlined under Civil Aviation Order 20.16.3, which specifies that aircraft carrying more than 15 but not more than 36 passengers must carry a cabin attendant. However, the recent direction issued by CASA allows hot air balloons carrying 18 passengers to operate without a cabin attendant, provided certain conditions are met.
The primary conditions mandated by this direction include the requirement for two support ground crew members to assist the pilot during loading and unloading, ensuring that these crew members are stationed at either end of the balloon basket. The operators must also ensure that their operations manual details the training undertaken by these ground crew members to qualify them for their roles. Additionally, passengers must be evenly distributed across the four compartments of the balloon, and all passengers must be able to clearly hear the pilot’s instructions. These stipulations aim to maintain safety standards while accommodating the unique design of the hot air balloon and its basket.
The obligations imposed by this direction are primarily on the hot air balloon operators. These include ensuring that the two ground crew members are appropriately trained and stationed as required, and that passengers are properly distributed and informed during the flight. The operators must document the training of their ground crew in their operations manual, which must be available for review by CASA. Furthermore, operators must ensure that the safety of passengers is not compromised by the absence of a cabin attendant, which necessitates strict adherence to the conditions outlined in the direction.
Failure to comply with the conditions set forth in this direction can result in significant consequences. Under the Civil Aviation Act 1988, any breach of the regulations may lead to enforcement actions, including fines and potential suspension or revocation of the operator’s licence. The specific penalties are not detailed in the direction but generally, contraventions of civil aviation regulations can result in substantial financial penalties and other regulatory sanctions. The severity of the penalties will depend on the nature and extent of the breach, as well as any resulting harm or risk to public safety.