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.
Because of the design of certain hot air balloons and their baskets, CASA does not consider that safety would be compromised if they do not carry a cabin attendant during operations, provided that certain associated conditions are met.
It is a condition of operations under the direction that the passengers carried in the basket be equally distributed, as far as possible, between the balloon’s four compartments, and that all passengers are able to hear the instructions of the pilot in command. It is also a condition of operations with a passenger complement of more than 16 persons (i.e. for operations of the larger B400 model hot air balloon) that two support ground crew in addition to the pilot are to be available to supervise and assist in loading and unloading 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.
Under CASA 522/03 Wingaway Pty Ltd currently operates a number of hot air balloons. It wishes to add to its fleet the hot air balloon VH-CJP, which is designed to carry up to 16 passengers and a pilot. The direction therefore revokes CASA 522/03 and replaces it to effect the addition of VH-CJP to the fleet .
The direction was issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
The direction took effect on gazettal and ceases to have effect at the end of November 2006.
[Instrument Number: CASA 77/04]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, were designed to provide a comprehensive regulatory framework for civil aviation safety and air navigation. A specific problem addressed by this legislation was the need for standardised safety protocols concerning the operating crew on aircraft, including the carriage of cabin attendants, which was crucial for ensuring passenger safety and compliance with international aviation standards. The Civil Aviation (Safety) Regulations 1988, under regulation 208, empower the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew required on aircraft, with a focus on safety. In this context, CASA issued a direction relating to the carriage of cabin attendants in balloons, acknowledging that certain hot air balloons, due to their design and basket structure, may not require a cabin attendant as long as specific conditions are met, such as passenger distribution and the availability of ground crew for larger balloon models. This direction was issued to align with the safety objectives of the Civil Aviation Act 1988 and to provide clarity for operators like Wingaway Pty Ltd, who sought to expand their fleet with specific balloon models.
Scope and Application
The Civil Aviation Regulations 1988, specifically under regulation 208, allow the Civil Aviation Safety Authority (CASA) to issue directions concerning the operating crew required on an aircraft to ensure the safety of air navigation. Pursuant to this regulation, CASA has mandated that certain hot air balloons, which under normal circumstances would be required to carry a cabin attendant, may operate without one provided certain conditions are met. These conditions include ensuring that passengers are equally distributed between the balloon's four compartments and that all passengers can hear the pilot's instructions. Additionally, for operations involving more than 16 passengers, two support ground crew members must be present to assist in loading and unloading while the balloon is on the ground, and these crew members must be suitably trained. This exemption applies to hot air balloons designed in a way that CASA determines does not compromise safety. The direction, which was issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Orders, applies to specific hot air balloons operated by certain entities, such as Wingaway Pty Ltd, and is in effect until the end of November 2006.
Key Provisions
The key provisions of the Civil Aviation Regulations 1988 direction (CASA 77/04) concern the carriage of cabin attendants in certain hot air balloons. Regulation 208 of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on aircraft, with an emphasis on safety. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact these regulations. Specifically, CASA has directed that hot air balloons carrying more than 15 but not more than 36 passengers must have a cabin attendant for charter or regular public transport operations (section 20.16.3, paragraph 6.1). However, for certain hot air balloons, CASA has determined that safety is not compromised if they do not carry a cabin attendant, provided specific conditions are met.
These conditions include ensuring that passengers in the balloon's basket are equally distributed between its four compartments and that all passengers can hear the pilot's instructions. Additionally, for operations with more than 16 persons, two support ground crew members must be available to assist with loading and unloading while the balloon is on the ground, positioned at either end of the basket. The operator is also required to provide suitable training for these ground crew members. This direction specifically applies to Wingaway Pty Ltd, which currently operates several hot air balloons and wishes to add VH-CJP to its fleet, a balloon designed to carry up to 16 passengers and a pilot.
The obligations imposed by this direction on Wingaway Pty Ltd and other operators include adhering to the specified conditions for distributing passengers and ensuring communication with the pilot. They must also ensure that two support ground crew members are available and properly trained for operations involving more than 16 passengers. These provisions aim to maintain safety standards while allowing flexibility for certain hot air balloon operations.
Failure to comply with these provisions could result in regulatory action. CASA has the authority to enforce these regulations, and non-compliance could lead to civil or criminal penalties. The specific consequences and penalties for breaches are not detailed in the explanatory statement, but they would typically align with the broader framework of the Civil Aviation Act 1988 and related regulations. The direction issued under CASA 77/04 took effect upon gazettal and ceased to have effect at the end of November 2006.