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
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legal framework for the regulation of civil aviation in Australia. This Act enables the making of regulations necessary for the safety of air navigation, including the provision for the carriage of crew on aircraft. One such regulation is Regulation 208 of the Civil Aviation Regulations 1988, which allows the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew required on aircraft. This legislative setup was introduced to address the need for specific safety regulations in air navigation, ensuring that aircraft operations are conducted with appropriate safety measures, including the presence of required crew members. In the context of hot air balloons, such as Balloon VH-XEN, which is designed to carry up to 16 passengers and a pilot, CASA has issued a direction under Regulation 208. This direction acknowledges that, due to the design of the balloon and its basket, safety would not be compromised if the balloon did not carry a cabin attendant when operating with a full passenger complement of 17 persons. The direction includes conditions that the operator must comply with, and it was issued by a delegate of CASA, coming into effect on the day after registration on the Federal Register of Legislative Instruments and ceasing to have effect at the end of December 2005.
Scope and Application
The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue regulations and directions concerning the safety of air navigation. Specifically, this regulatory framework applies to aircraft operations, including the mandatory requirement for operating crew on aircraft. In this context, the authority under Regulation 208 of the Civil Aviation Regulations 1988 allows CASA to issue directions regarding the crew necessary for ensuring the safety of air navigation. This particular direction pertains to the carriage of a cabin attendant in a hot air balloon, VH-XEN, which is designed to carry up to 16 passengers and a pilot. CASA has determined that the safety of air navigation would not be compromised if the balloon operated without a cabin attendant while carrying the full passenger complement of 17 persons, due to the design of the balloon and its basket. The direction outlines specific conditions that the operator must adhere to, ensuring compliance with safety standards while providing operational flexibility. The direction issued by a CASA delegate is effective from the day of registration on the Federal Register of Legislative Instruments and remains in effect until the end of December 2005.
Key Provisions
The Civil Aviation Act 1988 (Act) empowers the Governor-General to enact regulations for the Act, particularly focusing on the safety of air navigation (s 98). Under this authority, the Civil Aviation Regulations 1988 (CAR 1988) include regulation 208, which allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on an aircraft, taking into account air navigation safety. This regulatory framework is further detailed in the Civil Aviation Orders (CAOs), where paragraph 6.1 of section 20.16.3 specifies that aircraft carrying between 16 and 36 passengers must have a flight attendant on board. However, the specific direction under CAR 1988 for the hot air balloon VH-XEN allows for an exception to this rule due to its unique design and operational considerations.
The obligation imposed on the operator of the hot air balloon VH-XEN, as directed by CASA, is to adhere to specific conditions detailed in the direction. These conditions are tailored to ensure that the operation of the balloon with up to 17 persons (including the pilot) does not compromise safety, despite the absence of a cabin attendant. The operator must comply with all stipulated conditions to maintain regulatory approval and ensure the safety of air navigation. It is important to note that any subsequent directions issued by CASA that amend, vary, or repeal a Civil Aviation Order (CAO) are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The consequences of non-compliance with the direction are significant. Any breach of the specified conditions may result in various civil or criminal penalties, depending on the severity and nature of the violation. While the exact penalties are not detailed in the explanatory statement, it is established that non-compliance with CASA directions can lead to enforcement actions, including fines, suspension of operating certificates, or other regulatory sanctions. The maximum penalties would be determined based on the specific regulatory framework governing aviation safety in Australia. The direction issued by CASA is in effect from the day after its registration on the Federal Register of Legislative Instruments and ceases to have effect by the end of December 2005.