EXPLANATORY STATEMENT
CIVIL AVIATION ACT
CIVIL AVIATION REGULATIONS 1988
DIRECTION UNDER REGULATION 208 RELATING TO THE CARRIAGE OF A CABIN ATTENDANT IN A HOT AIR BALLOON
Section 98 of the Civil Aviation Act 1988 (the Act) provides 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 having regard to the safety of air navigation. 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 flight attendant. 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.
Balloon VH-XEN 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 would be compromised if the balloon did not carry a cabin attendant during operations with the full passenger complement of 17 persons. The direction sets out various conditions with which the operator must comply.
The direction has been issued by a delegate of CASA. The direction comes into effect on the day after registration on the Federal Register of Legislative Instrumentsand stops having effect at the end of December 2005.
Reference Instrument number: CASA 33/05