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 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. 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.
Outback Pty Ltd operates hot air balloons VH-OBA, VH-OZB, VH-OZC, VH‑OZL and VH-ZYO, which are designed to carry up to 16 passengers and a pilot. They also operate a hot air balloon, VH-OZS which is designed to carry up to 20 passengers and a pilot. Because of the design of those 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 persons in VH-OBA, VH-OZB, VH-OZC, VH-OZL and VH-ZYO, or with a full passenger complement of up to 20 persons in VH-OZS.
It is a condition of operations with a passenger complement of more than 16 persons that two support ground crew in addition to the pilot are to be available to supervise and assist in loading and unloading passengers while the balloon is on the ground. These ground crew personnel are to be located at either end of the basket. The operator must provide suitable training for the ground crew.
There are also other 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 balloons, subject to stated conditions, to engage in charter operations involving the carriage of 16 persons in E-300 and B-350 balloons, and 20 persons in B-400 balloons, 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 538/03]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, were introduced to provide a comprehensive regulatory framework for civil aviation in Australia, addressing various aspects including the safety of air navigation. Specifically, the regulation allows the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew required on an aircraft to ensure the safety of air navigation. This authority is derived from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the purposes of the Act and in relation to the safety of air navigation. The policy objective underlying these regulations is to maintain the highest possible safety standards in Australia's civil aviation sector.
The specific direction in question, issued under regulation 208 of the Civil Aviation Regulations 1988, pertains to the carriage of cabin attendants in balloons operated by Outback Pty Ltd. CASA has determined that certain hot air balloons designed to carry up to 16 or 20 passengers can operate without a cabin attendant, provided certain conditions are met to ensure safety. These conditions include the availability of additional ground crew for passenger supervision and assistance, as well as specific passenger distribution and communication protocols. This direction was issued to allow for more flexible operational practices while maintaining safety standards.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the Direction under Regulation 208, applies to the carriage of cabin attendants in balloons operated by Outback Pty Ltd, specifically those balloons designed to carry up to 16 or 20 passengers and a pilot. This legislation is enforced by the Civil Aviation Safety Authority (CASA) and aims to ensure the safety of air navigation, particularly in the context of charter and regular public transport operations. This Direction permits Outback Pty Ltd to conduct operations with a passenger complement of up to 16 persons in certain balloons and up to 20 persons in one balloon without carrying a cabin attendant, provided specific conditions are met, such as the presence of two trained ground crew members to assist with passenger loading and unloading. These conditions also include the requirement for passengers to be evenly distributed among the balloon's compartments and for all passengers to be able to hear the pilot's instructions. The Direction is applicable nationally and is subject to disallowance under the Acts Interpretation Act 1901 if amended or repealed. The Direction was effective from its gazettal and ceased to be effective at the end of November 2006.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain a specific direction under regulation 208 (section 6.1 of section 20.16.3) concerning the carriage of cabin attendants in balloons, which is authorized by section 98 of the Civil Aviation Act 1988. This direction was issued under the authority of the Civil Aviation Safety Authority (CASA) to ensure safety during air navigation, particularly when considering the specific needs of balloons carrying a certain number of passengers. The direction stipulates that balloons designed to carry up to 16 passengers, such as VH-OBA, VH-OZB, VH-OZC, VH-OZL, and VH-ZYO, may operate without a cabin attendant, provided they adhere to certain conditions. Similarly, a balloon like VH-OZS, designed for up to 20 passengers, may also operate without a cabin attendant under specific conditions. These conditions include having two support ground crew members available to assist with passenger loading and unloading and ensuring that passengers are evenly distributed and can hear the pilot's instructions.
The obligations imposed by this direction on Outback Pty Ltd, the operator of the specified balloons, include ensuring that the two ground crew members are suitably trained. Additionally, the operator must ensure that passengers are equally distributed among the balloon's compartments and that all passengers can hear the pilot's instructions. The direction also mandates that the operator must comply with these conditions to legally operate the balloons with the specified passenger complements without a cabin attendant. Failure to comply with these conditions could compromise safety and result in regulatory action.
The regulatory framework also includes provisions for consequences in the event of non-compliance. The direction issued by CASA is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning that any subsequent amendment or repeal by CASA can be subject to disallowance by Parliament. Additionally, breaches of the conditions set forth in this direction could result in enforcement actions by CASA, potentially including fines or other penalties as stipulated under the Civil Aviation Act 1988. The specific penalties for non-compliance are not detailed in the explanatory statement, but they can be significant, reflecting the importance of adhering to safety regulations in aviation operations.