EXPLANATORY STATEMENT
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) provides that the Governor-General may make regulations for the purpose 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 on an aircraft, having regard to the safety of air navigation. Under paragraph 6.1 of section 20.16.3 of the Civil Aviation Orders (CAOs), CASA has directed, among other things, that aircraft carrying more than 15 passengers while engaged in charter, or regular public transport, operations must carry a cabin attendant.
Breshi Pty Ltd, now known as Peregrine Ballooning Pty Ltd (Aviation Reference Number 589205), currently operates the hot air balloon VH-PAX which is designed to carry up to 16 passengers and a pilot under instrument number CASA 290/03. Peregrine Ballooning Pty Ltd has purchased hot air balloon VH-PBQ and have asked that this new aircraft be added to the existing instrument. Instrument CASA 290/03 has been revoked and reissued with the new company name and the addition of the new aircraft.
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 16 persons.
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and later issues another direction that 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.
This direction, issued by a delegate of CASA in accordance with regulation 7 of CAR 1988, authorises Peregrine Ballooning Pty Ltd, subject to stated conditions, to engage in charter operations involving the carriage of 16 persons without carrying a cabin attendant.
The direction came into effect on gazettal and stops having effect at the end of June 2007.
[Instrument Number CASA 515/04]
Overview
The Civil Aviation Regulations 1988 were enacted to establish a comprehensive regulatory framework governing civil aviation activities in Australia. This legislation was introduced to address the need for stringent safety and operational standards within the aviation sector. The Civil Aviation Regulations 1988 were enacted by the Australian Parliament, reflecting the overarching policy objective of ensuring the safety of air navigation and the protection of the public. The Explanatory Statement for the Direction under Regulation 208 relating to the carriage of a cabin attendant in a balloon outlines a specific amendment to the Civil Aviation Orders (CAOs) made by the Civil Aviation Safety Authority (CASA). This direction was issued to allow Peregrine Ballooning Pty Ltd to operate their hot air balloon VH-PBQ in charter operations without carrying a cabin attendant, given the design and safety considerations of the balloon. The direction acknowledges the unique design of the balloon and its basket, which CASA has determined does not compromise safety when operating with a full passenger complement of 16 persons. This regulatory adjustment aims to balance operational efficiency with the paramount safety concerns inherent in aviation activities.
Scope and Application
The Civil Aviation Regulations 1988, as amended and directed by the Civil Aviation Safety Authority (CASA), apply to Peregrine Ballooning Pty Ltd, a company operating hot air balloons, specifically VH-PAX and VH-PBQ. This direction under regulation 208 of the Civil Aviation Regulations 1988 pertains to the carriage of a cabin attendant in a balloon and is made under the authority granted by section 98 of the Civil Aviation Act 1988. The regulation ensures the safety of air navigation by specifying the operating crew required on aircraft, including balloons. CASA, in accordance with section 20.16.3 of the Civil Aviation Orders, has directed that aircraft carrying more than 15 passengers during charter or regular public transport operations must carry a cabin attendant. However, due to the design of the balloons operated by Peregrine Ballooning Pty Ltd, CASA has determined that safety would not be compromised if the balloons do not carry a cabin attendant when operating with a full passenger complement of 16 persons. This direction, which was issued by a delegate of CASA under regulation 7 of the Civil Aviation Regulations 1988, is applicable to Peregrine Ballooning Pty Ltd and is effective from the date of gazettal until the end of June 2007.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include several key provisions relating to the carriage of a cabin attendant in a balloon, particularly under regulation 208 (section 1). This regulation allows the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew required on an aircraft, taking into account the safety of air navigation. Specifically, paragraph 6.1 of section 20.16.3 of the Civil Aviation Orders (CAOs) mandates that aircraft carrying more than 15 passengers in charter or regular public transport operations must carry a cabin attendant. However, in the case of Peregrine Ballooning Pty Ltd, CASA has issued a specific direction under regulation 208 that allows the company to operate its balloon VH-PAX with up to 16 passengers without a cabin attendant, provided certain conditions are met. This direction was issued due to the design of the balloon and its basket, which CASA has determined does not compromise safety when operating with the full passenger complement of 16 persons.
Peregrine Ballooning Pty Ltd, formerly Breshi Pty Ltd, is required to adhere to the conditions outlined in the direction issued by CASA. This includes ensuring that the operations comply with all safety standards and protocols as stipulated in the Civil Aviation Act 1988 and the CAR 1988. The company must maintain detailed records of its operations, including the number of passengers carried, the flight paths, and any incidents or anomalies that occur during flights. Additionally, the company must ensure that all crew members are adequately trained and that the balloon is maintained in a safe and airworthy condition. Failure to comply with these obligations could result in the direction being revoked, leading to potential legal and safety repercussions.
In the event that Peregrine Ballooning Pty Ltd fails to comply with the conditions set out in the direction, it may face a range of consequences. Regulatory breaches could result in CASA imposing penalties, which may include fines or the suspension of the company's operating certificate. Under the Civil Aviation Act 1988, serious breaches could lead to criminal charges, with maximum penalties including substantial fines and imprisonment. Civil liability may also arise for any harm caused by non-compliance, leading to potential lawsuits from affected parties. The seriousness of these consequences underscores the importance of strict adherence to the regulatory requirements and conditions set by CASA.