Federal Register of Legislation - Australian Government

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Orders/Civil Aviation as made
This instrument amends the Civil Aviation Order 95.54 (Manned balloons and hot air airships - private operations) 2011 (CAO 95.54) so the use of manned balloons and hot air airships, for private operations or flying training, may continue to be administered, until 14 July 2022, by the Australian Ballooning Federation Inc or by an approved self-administering aviation organisation certified under new Part 149 of the Civil Aviation Safety Regulations 1998.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 25 Jun 2020

I, SHANE PATRICK CARMoDY, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 202.11 of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

22 June 2020

Civil Aviation Order 95.54 Amendment Instrument 2020 (No. 1)

1          Name

                 This instrument is the Civil Aviation Order 95.54 Amendment Instrument 2020 (No. 1).

2          Commencement

                 This instrument commences on the day after it is registered.

3          Amendment of Civil Aviation Order 95.54

                 Schedule 1 amends Civil Aviation Order 95.54 (Manned balloons and hot air airships — private operations) 2011.

4          Repeal

                 Civil Aviation Amendment Order (No. R81) 2004 (also known by its FRL reference F2005B00922) is repealed.

Schedule 1          Amendments

[1]       Subsection 2, after the heading

insert

Note   In this Order, certain terms and expressions have the same meaning as they have in the Act and the regulations. These include Act, AOC, ASAO, ASAO certificate and exposition, of an ASAO.

[2]       Subsection 2, definition of ABF Operations Manual

substitute

ABF Operations Manual means a manual, as it exists from time to time, that:

(a)   is issued by the ABF; and

(b)   is approved in writing by CASA; and

(c)   contains the syllabus of training for the issue of pilot certificates (balloons) and procedures and instructions necessary to ensure the safe conduct of balloon and hot air airship operations.

[3]       Subsection 2, definitions of Act, AOC, CAR 1988, closely-settled area and suitable landing area

omit

[4]       Subparagraph 3 (i)

substitute

             (i)  regulation 173 and subregulation 174B (1);

[5]       Paragraph 5.1

omit

directions of, the ABF or an organisation that is affiliated with the ABF.

insert

            directions of:

(a)   an ASAO that holds an ASAO certificate that authorises the ASAO to perform the following aviation administration functions in relation to manned balloons and hot air airships:

             (i)  procedures for safe conduct;

            (ii)  duties essential to the operation of the aircraft; or

(b)   the ABF.

[6]       Paragraph 5.2

omit

contained in the ABF Operations Manual.

insert

                 that:

(a)   are specified in:

             (i)  the exposition of the ASAO that issued the pilot with the authorisation to operate the aircraft; or

            (ii)  the ABF Operations Manual; and

(b)   apply to the operation of the aircraft.

[7]       Paragraph 5.3

substitute

       5.3     An aircraft, to which this Order applies, must not be flown unless the pilot in command is the holder of:

(a)   an authorisation to pilot the aircraft issued by an ASAO in accordance with the ASAO’s exposition; or

(b)   a pilot certificate (balloons) issued in accordance with the ABF Operations Manual.

[8]       Subparagraph 5.5 (b)

substitute

(b)   flying training conducted by the holder of:

             (i)   an instructor authorisation issued by an ASAO; or

            (ii)   a certificate issued by the ABF in accordance with the ABF Operations Manual.

[9]       Subparagraph 6.1 (a)

omit

such additional conditions as contained in the ABF Operations Manual; and

insert

                 any additional requirements relating to the loading and operation of the aircraft that are specified in:

(a)   the exposition of an ASAO; or

(b)   the ABF Operations Manual; and

[10]     Sub-subparagraphs 6.1 (b) (i) and (ii)

substitute

             (i)   by an ASAO, in accordance with the exposition of the ASAO; or

            (ii)   by the ABF, in accordance with the ABF Operations Manual.

[11]     After paragraph 6.2

insert

Note   Classes of airspace are determined from time to time in a legislative instrument made under regulation 5 of the Airspace Regulations 2007. At the date this instrument is signed, the legislative instrument is CASA OAR 042/19 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2019.

[12]     Paragraph 6.3

substitute

       6.3     Subject to paragraph 7.5, an aircraft to which this Order applies must not be flown as follows:

(a)   other than in V.M.C., unless air traffic control has given the pilot in command permission under paragraph 172 (4) (a) of CAR to conduct a special V.F.R. flight in Class C or D airspace;

(b)   subject to subparagraph (c), in airspace other than:

             (i)  Class G airspace; or

            (ii)  Class E airspace;

(c)   in Class C or D airspace, or at a height lower than 2 000 feet above the aerodrome elevation while flying within 3 nautical miles of any certified or registered aerodrome — unless the pilot in command holds any of the following that meets the requirements of paragraph 6.4:

                 (i)  a current commercial pilot (balloon) licence;

            (ii)  an endorsement on an ABF pilot certificate;

           (iii)  an authorisation, issued by an ASAO;

(d)   at night — unless the pilot in command has any of the following that authorise the aircraft to be flown at night:

             (i)  a rating or authorisation endorsed on the pilot in command’s ABF pilot certificate;

            (ii)  an authorisation issued by an ASAO;

(e)   higher than 10 000 feet above mean sea level — unless the occupants are provided with supplemental breathing oxygen from a supply system approved by any of the following:

             (i)  CASA;

            (ii)  an ASAO;

           (iii)  the ABF;

(f)    over the open sea;

(g)   above any other body of water, such as a lake, bay or estuary, at a horizontal distance of more than 1 kilometre from the shore — unless all occupants are provided with life jackets.

Note   See regulation 260 of CAR for requirements regarding the height and distance from aerodromes at which tethered manned balloons may be flown unless permission is given by CASA.

       6.4     For subparagraph 6.3 (c), the licence, endorsement or authorisation must authorise the aircraft to be flown, in the airspace or at the height, as applicable, for the activity for which it is flown.

[13]     Further amendments — CAR

The following provisions are amended by omitting each mention of “1988”:

·         subsection 3

·         subparagraph 5.4 (a)

·         subparagraph 6.2 (b).