Federal Register of Legislation - Australian Government

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Orders/Civil Aviation as made
This instrument sets out certain standards for the operation of manned free balloons and hot air airship in Part 131 recreational activities (which include a specialised balloon operation that is not conducted for hire or reward) and specialised balloon operations conducted for hire or reward (the relevant operations). These standards are complementary to the commencement of Parts 91 and 131 of the Civil Aviation Safety Regulations 1998 on 2 December 2021.
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 01 Dec 2021
Tabling HistoryDate
Tabled HR02-Dec-2021
Tabled Senate08-Feb-2022
To be repealed 01 Dec 2024
Repealed by Self Repealing

I, Philippa Jillian spence, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

30 November 2021

1          Name of instrument

       1.1     This instrument is Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021.

       1.2     This Order may be cited as Civil Aviation Order 95.54.

   1.3     A reference in a CASA instrument (being an instrument issued by CASA under a statutory power to issue the instrument) to section 95.54 of the Civil Aviation Orders is taken to be a reference to this Order.

2          Duration and effect

        (1)     This instrument:

(a)   commences on 2 December 2021; and

(b)   is repealed at the end of 1 December 2024.

        (2)     Despite paragraph (1) (b), each exemption and direction under this instrument ceases to have effect on the day:

(a)   for sections 7, 8, 9 and 10 — that the ABF becomes a Part 131 ASAO;

(b)   for section 6 — that the Part 131 Manual of Standards commences.

3          Repeal

                 Civil Aviation Order 95.54 (Manned balloons and hot air airships — private operations) 2011 is repealed.

4          Application

                 An exemption under this Order, for a Part 131 recreational activity, does not apply to a pilot in command or a person who holds a licence, authorisation or certificate (as the case may be) mentioned in this Order unless the pilot or the person (as applicable):

(a)   is a member of, and subject to the rules, regulations and directions (however described) of, the ABF; and

(b)   takes the benefit of the exemption solely in relation to operating a Part 131 aircraft engaged in a Part 131 recreational activity in accordance with the rules, regulations and directions (however described) that:

             (i)  are specified in the ABF operations manual; and

            (ii)  apply to the operation of the aircraft for the activity.

5          Definitions

        (1)     In this Order:

ABF means the Australian Ballooning Federation Inc.

ABF operations manual means a manual, as in force or existing from time to time, that:

(a)   is issued by the ABF; and

(b)   is approved in writing by CASA; and

(c)   contains:

             (i)  the syllabus of training for the issue of a pilot certificate (balloons); and

            (ii)  the procedures and instructions necessary to ensure the ensure the safe operation of a Part 131 aircraft in a Part 131 recreational activity.

ASAO has the meaning given by the CASR Dictionary.

ASAO authorisation means an authorisation issued by a Part 131 ASAO.

ASAO certificate has the meaning given by the CASR Dictionary.

CAR means the Civil Aviation Regulations 1988, as in force immediately before the commencement of this instrument, unless otherwise specified.

CASR means the Civil Aviation Safety Regulations 1998.

civil aviation legislation has the meaning given by the CASR Dictionary.

CP(B)L is short for commercial pilot (balloon) licence, issued by CASA.

Part 105 ASAO has the meaning given by the CASR Dictionary.

Part 131 aircraft has the meaning given in regulation 131.005 of CASR.

Part 131 pilot authorisation has the meaning given by the CASR Dictionary.

Part 131 recreational activity has the meaning given in regulation 131.025 of CASR.

Note   Such an activity includes a specialised balloon operation that is not conducted for hire or reward.

relevant aircraft means a Part 131 aircraft engaged in a specialised balloon operation conducted for hire or reward or a Part 131 recreational activity.

relevant CAR certificate of validation means a certificate of validation to pilot a Part 131 aircraft, issued by CASA.

relevant parachuting organisation means one of the following:

(a)   a Part 105 ASAO; or

Note   At the commencement of this instrument, the only Part 105 ASAO is the Australian Parachuting Federation Incorporated.

(b)   the Australian Skydiving Association.

6          Exemption — aircraft maintenance

                 Any person associated with the operation of a relevant aircraft is exempted from compliance with a requirement under Division 9 of Part 4A of the CAR, as in force from time to time.

7          Exemption — Part 131 pilot authorisation

        (1)     The pilot in command of a Part 131 recreational activity is exempted from compliance with a requirement under the civil aviation legislation to hold the Part 131 pilot authorisation mentioned in paragraph (c) of the definition of Part 131 pilot authorisation.

Note   Requirements to hold a Part 131 pilot authorisation arise under, for example, various provisions in Part 91 of CASR (including subparagraph/paragraph 91.155 (1) (b) (iv), 91.155 (2) (b) (iv), 91.625 (1) (b) (iv), 91.640 (1) (b) (iv), 91.715 (2) (c)); and in Part 131 of CASR (subregulation/paragraph 131.245 (2), 131.580 (1) (b), 131.580 (3) (b)).

        (2)     It is a condition of the exemption that the pilot must hold an equivalent authorisation from the ABF.

Note   Paragraph (c) of the definition of a Part 131 pilot authorisation refers to an authorisation from a Part 131 ASAO that authorises the holder to operate a Part 131 aircraft.

8          Exemptions — authorisations from a Part 131 ASAO

        (1)     The pilot in command of a Part 131 aircraft engaged in a Part 131 recreational activity is exempted from compliance with a requirement of a provision mentioned in an item of column 1 of Table 8 (1) (to hold an authorisation or approval, as applicable, from a Part 131 ASAO) for the purpose mentioned for the item in column 2 of the Table.

        (2)     It is a condition of the exemption that the pilot in command must hold an equivalent authorisation, certificate or approval (as applicable) from the ABF.

                 Table 8 (1)

Item

Provision

Column 1

Purpose

Column 2

1

Subparagraph 131.315 (2) (b) (ii) of CASR

To fly at night

2

Subparagraph 131.565 (2) (a) (iii) of CASR

To operate a Part 131 aircraft

9          Directions to ABF

        (1)     The ABF is directed, in relation to operators and pilots in command of a Part 131 aircraft engaged in a Part 131 recreational activity, to:

(a)   conduct the activities required to be conducted by a Part 131 ASAO under the civil aviation legislation, and in particular, Part 131; and

(b)   impose on ABF members the obligations that a Part 131 ASAO would impose on its members under the civil aviation legislation, and in particular, under Part 131 of CASR; and

(c)   where the civil aviation legislation mentions that content is required to be included in the exposition of a Part 131 ASAO — include the content in the ABF operations manual as in force from time to time.

Note   See, for example, the requirement under regulation 131.585 that a Part 131 ASAO must have procedures in its exposition regarding the carrying of hang gliders outside a Part 131 aircraft. The ABF would be required to include these procedures in its operations manual.

10        Directions to operators or pilots

        (1)     The operator and the pilot in command of a Part 131 aircraft engaged in a Part 131 recreational activity are directed to comply with any ABF requirement in the ABF operations manual as in force from time to time, applicable to the operator or the pilot, as a result of the operation of section 9.

        (2)     Before commencing a flight of a of a Part 131 aircraft engaged in a Part 131 recreational activity that involves a VFR flight by night, the pilot in command must meet the day VFR recency requirements in the ABF operations manual, as in force from time to time.

11        General conditions

                 The exemptions in sections 7 to 8 are subject to the condition that the operator and the pilot in command, as applicable, of a relevant aircraft comply with the following, as in force immediately before the commencement of this instrument:

(a)   regulations 82, 82A, 84 of the CAR;

(b)   regulations 99A and 99AA of the CAR;

(c)   regulations 100 and 101 of the CAR;

(d)   regulation 120 of the CAR;

(e)   regulation 139 of the CAR;

(f)    regulation 140 of the CAR;

(g)   regulations 150 (except in the context of contest markers and wind indicators), 158 and 159 of the CAR;

(h)   Part 12 Divisions 1 and 2 of the CAR, other than subregulation 163 (2) as far as it relates to operations in the proximity of other balloons or hot air airships; regulation 163AA, paragraphs 166A (2) (d), (e), (f), (g) and (h), subregulations 166A (3), (4) and (5); paragraph 167 (1) (d) and regulation 168;

(i)    regulation 195 of the CAR;

(j)    subregulation 207 (2) and regulation 208 of the CAR;

(k)   regulations 220, 232A, 233, 234, 234A, 235 and 239 of the CAR;

(l)    regulations 241, 242, 243, 244 and 249 of the CAR;

(m)  regulations 252, 253, 254, 255, 257 and 258 of the CAR;

(n)   regulation 260 of the CAR;

(o)   Part 12 Division 3 of the CAR (visual flight rules);

(p)   sections 20.2, 20.3, 20.4, 20.9 and 20.11 of the Civil Aviation Orders;

(q)   sections 20.16.1, 20.16.2 and 20.16.3 of the Civil Aviation Orders;

(r)    section 20.18 of the Civil Aviation Orders other in respect of the items listed in Appendixes I and V;

(s)    section 29.5 of the Civil Aviation Orders;

(t)    CASA 97/13 - Designation - of airspace - Direction - broadcast requirements and frequency;

(u)   CASA 50/21 – Designation of Airspace for Broadcast Requirements – Locations with Surveillance Flight Information Service;

(v)   CASA 502/08 – Approval – conduct of emergency procedures proficiency tests;

(w)  DASR 2/1994 and 3/1994;

(x)   CASA 02/20 — Global Navigation Satellite System (GNSS) Instructions 2020;

(y)   CASA 29/18 — Civil Aviation (Fuel Requirements) Instrument 2018;

(z)   CASA 142/10 – Directions and determinations — Class D airspace;

(aa)  CASA 143/10 – Determination — flight visibility and distance from cloud in V.F.R. flights, and Direction — Special V.F.R. flights;

(bb) CASA 184/00 – Direction under subregulation 207 (3);

(cc)  CASA 490/05 – Designation of airspace for broadcast requirements — aerodromes with certified air/ground radio services.

Note   This list refers to provisions of the CAR that will be repealed at the end of 1 December 2021 or to a legislative instrument that would not otherwise apply to a relevant aircraft on and from 2 December 2021, but would apply prior to that date. This instrument does not obviate the requirement for an operator or pilot in command to comply with other provisions of the CAR or CASR as is in force from time to time if they apply to them.