CASA 537/03 - Direction under regulation 208 relating to the carriage of cabin attendants in balloons

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2005B00641 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

CIVIL AVIATION REGULATIONS 1988

 

DIRECTION UNDER REGULATION 208 RELATING TO THE CARRIAGE OF CABIN ATTENDANTS IN BALLOONS

 

 

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 to be carried 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 and not more than 36 passengers while engaged in charter, or regular public transport, operations must carry a cabin attendant.

 

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.

 

Balloon Academy Pty Ltd operates hot air balloon VH-BPO which is designed to carry up to 16 passengers and a pilot. Because of the design of this 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.

 

There are conditions in the direction requiring, for instance, that the passengers be equally distributed, as far as possible, between the balloon’s 4 compartments and that all the passengers are able to hear the pilot in command’s instructions.

 

This direction, issued by a delegate of CASA, authorises the balloon, subject to stated conditions, to engage in charter operations involving the carriage of 16 persons in E-300 model hot air balloon without carrying a cabin attendant.

 

The direction took effect on gazettal and ceases to have effect at the end of November 2006.

 

 

[Instrument Number CASA 537/03)

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.