Explanatory Statement
Civil Aviation Act 1988
Direction — Carriage of cabin attendant in hot air balloons
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 208 (1) of Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions about the numbers of operating crew required to be carried on an aircraft, having regard to the safety of air navigation. CASA gave directions in Civil Aviation Order 20.16.3 (CAO 20.16.3). Subparagraph 6.1 (a) of CAO 20.16.3 provides, among other things, that aircraft in charter or regular public transport operations and carrying more than 15 but not more that 36 passengers must carry a cabin attendant.
This instrument is a direction under subregulation 208 (1) of CAR 1988 that cabin attendants are not required on certain hot air balloons operated by Hot Air Pty Ltd. The instrument applies to specific Kavanagh B-400 and Kavanagh G-450 balloons designed to carry not more than 20 passengers. Because of the design of these balloons and their baskets, and subject to certain conditions, CASA does not consider that safety will be compromised if the balloons do not carry a cabin attendant during operations when carrying not more than 20 passengers.
There are safety conditions. Where more than 15 passengers are carried, 2 suitably trained ground crew must be in attendance to supervise and assist in loading and unloading 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 must be equally distributed between the balloon’s 4 compartments and that all passengers must be able to hear the pilot’s instructions. It is also a condition that the provisions of Civil Aviation Order 20.16.3 that apply to the balloons must be complied with, except subparagraph 6.1 (a) and paragraph 7.1.
Not all of the provisions of CAO 20.16.3 can be applied to balloons. Paragraph 7.1 relates to the provision of an aisle where there is a cabin attendant. The particular balloons are not required to carry a cabin attendant and paragraph 7.1 probably has no practical or legal application to balloons of this kind. To avoid doubt, however, the application of paragraph 7.1 is expressly excluded from the conditions.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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. Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues a direction that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of subparagraph 6.1 (a) of CAO 20.16.3. The instrument is, therefore, a legislative instrument for the purposes of section 5 of the LIA. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of that Act.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is specifically issued at the request of the operator to whom it applies. A similar instrument would be issued to any appropriate operator with similar balloons who could meet the same safety conditions.
It commences on the day after it is registered and stops having effect at the end of 31 December 2007.
The instrument has been issued by the Manager, General Aviation Field Office, North Queensland, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 580/05]
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations pertaining to aviation safety and the regulation of air navigation. The Civil Aviation (Administration) Regulations 1988 (CAR 1988) were subsequently created to provide further details and operational guidelines. A significant aspect of these regulations is the ability of the Civil Aviation Safety Authority (CASA) to issue directions regarding the required number of crew members on aircraft, as stipulated under subregulation 208(1) of CAR 1988, with a focus on maintaining the safety of air navigation. The policy objective behind these regulations is to ensure that aircraft operations meet stringent safety standards, thereby protecting passengers and crew.
In light of these regulations, CASA issued directions in Civil Aviation Order 20.16.3 (CAO 20.16.3), which among other things, mandates the presence of a cabin attendant on aircraft carrying more than 15 but not more than 36 passengers. However, a specific direction under subregulation 208(1) of CAR 1988 exempts certain hot air balloons operated by Hot Air Pty Ltd from this requirement. This exemption applies to particular Kavanagh B-400 and Kavanagh G-450 balloons designed to carry up to 20 passengers, where CASA has determined that the safety of operations will not be compromised if a cabin attendant is not carried, subject to certain safety conditions. These conditions include the presence of two suitably trained ground crew during operations, a specific distribution of passengers, and compliance with certain provisions of CAO 20.16.3.
Scope and Application
The Civil Aviation Act 1988 and associated regulations and orders provide the legal framework for the safe operation of aircraft within Australia, and this specific direction issued by the Civil Aviation Safety Authority (CASA) under subregulation 208(1) of the Civil Aviation Regulations 1988 targets the carriage of cabin attendants on certain hot air balloons operated by Hot Air Pty Ltd. Specifically, this direction exempts certain Kavanagh B-400 and Kavanagh G-450 hot air balloons designed to carry not more than 20 passengers from the requirement to carry a cabin attendant, provided that specific safety conditions are met. These conditions include the presence of two suitably trained ground crew members during operations with more than 15 passengers, ensuring an even distribution of passengers between the balloon’s four compartments, and compliance with all other relevant provisions of Civil Aviation Order 20.16.3, except subparagraph 6.1(a) and paragraph 7.1. The exemption from carrying a cabin attendant is based on the design of the balloons and their baskets, and CASA’s assessment that safety will not be compromised under these conditions. The direction is subject to disallowance under the Legislative Instruments Act 2003 and is specifically tailored to the operator’s request, with the potential for similar instruments to be issued to other operators meeting the same criteria.
Key Provisions
The Civil Aviation Act 1988 (the Act) allows the Governor-General to make regulations for the safety of air navigation, as stated in section 98(1). Under this authority, the Civil Aviation Safety Authority (CASA) has issued a direction concerning the carriage of cabin attendants in specific hot air balloons operated by Hot Air Pty Ltd. This direction, outlined in Civil Aviation Order 20.16.3 (CAO 20.16.3), specifies that cabin attendants are not required on certain Kavanagh B-400 and Kavanagh G-450 hot air balloons when carrying not more than 20 passengers. This decision was made based on the design of these balloons and their baskets, and certain conditions must be met to ensure safety.
To comply with the Act and the direction, Hot Air Pty Ltd must ensure that two suitably trained ground crew members are present during operations with more than 15 passengers. These ground crew members must be located at either end of the balloon basket and must have completed a specified course of training outlined in the operator’s manual. Furthermore, the passengers must be equally distributed among the balloon's four compartments, and all passengers must be able to hear the pilot's instructions. The operator must also adhere to all other provisions of CAO 20.16.3, except subparagraph 6.1(a) and paragraph 7.1, which are expressly excluded from application to these balloons.
Under the Legislative Instruments Act 2003 (LIA), this direction is considered a legislative instrument because it affects the operation of a Civil Aviation Order (CAO). As per subparagraph 6(d)(i) of the LIA, this instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. It is issued under subregulation 7(1) of the Civil Aviation Regulations 1988 (CAR 1988) and affects the operation of subparagraph 6.1(a) of CAO 20.16.3. This instrument was specifically issued at the request of Hot Air Pty Ltd, and similar instruments could be issued to any other operator with similar balloons who meet the same safety conditions. The instrument is effective from the day after its registration and will cease to have effect at the end of 31 December 2007.