Civil Aviation Order 20.16.3 Amendment Order (No. 1) 2006

Overview

The Civil Aviation Order 20.16.3 Amendment Order (No. 1) 2006 was enacted to address the practical difficulties of applying the existing regulatory requirement to carry a cabin attendant on large passenger balloons and hot air airships, while still ensuring safety. This amendment was introduced by the Australian Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The policy objective is to provide a more streamlined and consistent approach to managing the safety of passengers on these types of aircraft by establishing a generic exemption, subject to specific safety conditions, rather than issuing individual exemptions on a case-by-case basis. The Amendment Order also includes an update to terminology in the definition of a handicapped person to align with contemporary language. This legislative instrument is subject to the Legislative Instruments Act 2003 and is classified as a disallowable instrument, meaning it must be tabled and can be disallowed by the Parliament. Consultation with relevant stakeholders, including the Joint CASA/Industry Technical Committee on Commercial Ballooning, has been conducted to facilitate the implementation of these changes.

Scope and Application

The Civil Aviation Order 20.16.3 Amendment Order (No. 1) 2006 applies to Australian manned balloons and hot air airships engaged in charter or regular public transport operations and carrying more than 15 passengers. The Amendment Order exempts these aircraft from the requirement to carry a cabin attendant, provided specific safety conditions are met. These conditions include detailed provisions for pilot duties, passenger compartment limits, passenger positioning, and the presence of suitably trained ground crew during passenger loading and unloading operations. The Amendment Order is designed to replace the previous practice of issuing individual exemptions, thus streamlining regulatory compliance for operators who meet the outlined conditions. It operates under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, with the intent to enhance safety while facilitating ballooning operations. The Amendment Order is subject to disallowance in Parliament under the Legislative Instruments Act 2003 and has been crafted to be of a minor or machinery nature, thereby exempt from the requirement of a Regulation Impact Statement.

Key Provisions

The key provisions of the Civil Aviation Order 20.16.3 Amendment Order (No. 1) 2006 primarily concern the exemption of Australian manned balloons and hot air airships from the requirement to carry a cabin attendant, provided certain safety conditions are met. According to subregulation 208(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) has the authority to issue directions regarding crew numbers on aircraft. However, subparagraph 6.1(a) of Civil Aviation Order 20.16.3 (CAO 20.16.3) previously required all Australian aircraft engaged in charter or regular public transport operations and carrying more than 15 but not more than 36 passengers to carry a cabin attendant. The amendment order modifies this requirement, allowing for an exemption for manned balloons and hot air airships under specific conditions. The obligations imposed by the Amendment Order include detailed requirements that must be incorporated into the operator’s operations manual. The manual must outline the duties and responsibilities of the pilot in command concerning passenger briefing and control. If the balloon has more than two passenger compartments, the pilot in command must have a centrally located compartment. Additionally, the number of passengers must not exceed 24, with an equal distribution of weight among compartments, not exceeding six passengers per compartment. Passengers must be positioned to hear instructions from the pilot in command. During passenger loading and launching, and as far as possible during landing and unloading, two suitably trained ground crew members must be available, with one at each end of the basket to assist the pilot. The training for these ground crew members must be approved by CASA and detailed in the manual. All balloon operations must comply with the relevant requirements of CAO 20.16.3. The Amendment Order also includes provisions for offences, penalties, and consequences for breaches. Under the Legislative Instruments Act 2003, the Amendment Order is a legislative instrument and is subject to tabling and disallowance in Parliament. Failure to comply with the conditions set forth in the Amendment Order could result in civil or criminal penalties, although specific penalties are not detailed in the explanatory statement. CASA's power to issue directions and amend CAO 20.16.3 is grounded in subregulation 235(7) of CAR 1988 and section 98 of the Civil Aviation Act 1988. This Amendment Order aims to streamline the exemption process for manned balloons and hot air airships by establishing a generic exemption rather than issuing individual exemptions on a case-by-case basis.