Explanatory Statement
Civil Aviation Act 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, CASA may give directions as to the operating crew required to be carried on an aircraft having regard to the safety of air navigation. Subsection 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.
This instrument is a direction about cabin attendants on certain hot air balloons operated in charter operations by Raging Thunder Balloon Adventures Pty Ltd. It applies to specific Kavanagh B350 and B400 balloons designed to carry not more than 16 or 20 passengers respectively. Because of the designs of the balloons and their baskets, CASA does not consider that safety would be compromised if the balloons did not carry a cabin attendant during operations with the full passenger complement of 16 or 20.
The operator may operate the VH-AYB balloon carrying up to 16 passengers without carrying a cabin attendant and the VH-RBT, VH-RTQ and VH-URT balloons carrying up to 20 passengers without carrying a cabin attendant.
The direction sets out various conditions that the operator must comply with. These include the presence of 2 support crew, in addition to the pilot, to supervise and assist in the loading and unloading of 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 Civil Aviation Order 20.16.3 continue to apply.
Under subparagraph 6 (d) (i) of the Legislative Instruments 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 instrument 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 2007.
[Instrument number CASA 415/05]
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the legislative framework for civil aviation in Australia, including the regulation of air navigation safety and aircraft operations. To address the specific safety requirements for hot air balloons, the Civil Aviation (General) Regulations 1988 were introduced, empowering the Civil Aviation Safety Authority (CASA) to issue directions regarding operating crew on aircraft, including hot air balloons. In this context, the Civil Aviation (Cabin Attendants in Hot Air Balloons) Direction 2005 was issued to allow Raging Thunder Balloon Adventures Pty Ltd to operate certain hot air balloons without a cabin attendant, provided specific safety conditions are met. These conditions include the presence of support crew during passenger loading and unloading, equal distribution of passengers, and ensuring all passengers can hear the pilot's instructions. This direction aims to balance operational flexibility with maintaining the safety standards required under the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 applies to various persons and entities involved in air navigation in Australia, including aircraft operators, pilots, and cabin crew. This particular direction under the Act pertains specifically to Raging Thunder Balloon Adventures Pty Ltd, a charter operator of hot air balloons. The geographic reach of this Act is national, as it concerns the regulation of civil aviation across Australia. The direction itself concerns specific Kavanagh B350 and B400 hot air balloons designed to carry not more than 16 or 20 passengers respectively. Although the Civil Aviation Order 20.16.3 generally requires a cabin attendant for aircraft carrying more than 15 but not more than 36 passengers, this direction allows for an exception for these balloons due to their design and operational specifics. The exemption is contingent upon certain conditions being met, such as the presence of two support crew members during passenger loading and unloading and ensuring that all passengers can hear the pilot’s instructions. The direction also specifies that other relevant provisions of Civil Aviation Order 20.16.3 continue to apply, apart from the noted paragraphs. This legislative instrument is subject to disallowance under the Legislative Instruments Act 2003, although no consultation was undertaken for this specific direction as it follows previous similar directions issued to the same operator.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1988 and Civil Aviation Order 20.16.3, governs the carriage of cabin attendants in hot air balloons operated by certain charter companies. According to subsection 98(1) of the Act, the Governor-General has the authority to enact regulations for the safety of air navigation, and under regulation 208, the Civil Aviation Safety Authority (CASA) can issue directions concerning the operating crew on aircraft. This direction specifically applies to Raging Thunder Balloon Adventures Pty Ltd, allowing them to operate certain Kavanagh B350 and B400 balloons with up to 16 or 20 passengers respectively without a cabin attendant, provided certain conditions are met.
The conditions imposed by this direction include having two support crew members, apart from the pilot, to supervise and assist in the loading and unloading of passengers. These ground crew members must be positioned at either end of the balloon basket, and their training qualifications must be detailed in the operator's manual. Another condition is that passengers must be equally distributed among the balloon's four compartments to ensure safety. Additionally, all passengers must be able to hear the pilot’s instructions clearly, which is crucial for safety during the flight. These conditions are designed to ensure that the safety of passengers is not compromised despite the absence of a cabin attendant.
Failure to comply with the conditions set out in the direction may result in serious consequences. While specific offences and penalties are not detailed in the explanatory statement, it is clear that non-compliance with safety regulations can lead to severe penalties under the Civil Aviation Act 1988. The legislative instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, and it is issued by a delegate of CASA. It becomes effective the day after it is registered on the Federal Register of Legislative Instruments and remains in effect until the end of June 2007.