Civil Aviation Order 40.7
as amended

made under subregulation 5.14 (1) regulation 5.16, subregulation 5.17 (3), regulation 5.18, subregulations 5.20 (1), 5.22 (1), and 5.23 (1) of the Civil Aviation Regulations 1988.

This compilation was prepared on 21 January 2015 taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).

Prepared by the Legislative Drafting Section, Legal Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.

Contents

Page

2...Interpretation......................................................

12..Endorsements.....................................................

16..Flight instructor (balloon) rating.........................................

Section 40.7

Aircraft endorsements (balloons) and flight instructor (balloons) ratings

2 Interpretation

 2.1In this subsection:

flight instructor means a person who holds a flight instructor (balloon) rating.

 2.2A reference in this section to a regulation or subregulation identified by a numerical code (for example, 5.18 or 5.23 (1)) is a reference to the regulation or subregulation identified by that code in the Civil Aviation Regulations 1988.

12 Endorsements

 12.4For the purposes of subregulation 5.23 (1), the requirements for the issue of a class 1 endorsement are:

(a) the person seeking the endorsement must:

 (i) hold a commercial pilot (balloon) licence; and

 (ii) have completed, in a hot air balloon, the course of flying training set out in regulation 5.146; and

 (iii) have passed, in a hot air balloon, a commercial pilot (balloon) licence flight test; or

(b) the person seeking the endorsement must:

 (i) hold a commercial pilot (balloon) licence; and

 (ii) hold a class 5 endorsement; and

 (iii) have completed, in a hot air balloon, a course of flying training in accordance with paragraph 12.11; or

(c) the person seeking the endorsement must hold, or have held, an overseas balloon endorsement that is at least equivalent to a class 1 endorsement.

 12.5For the purposes of subregulation 5.23 (1), the requirements for the issue of a class 2 endorsement are:

(a) the person seeking the endorsement must:

 (i) have at least 125 hours aeronautical experience as pilot in command, being experience that includes not less than 40 hours as pilot in command of a balloon engaged in charter operations; and

 (ii) either:

(A) hold a class 1 endorsement and have undertaken at least 6 hours of flying training in a class 2 balloon conducted by a flight instructor who holds a class 2 endorsement; or

(B) hold a class 3 endorsement; or

(b) the person seeking the endorsement must:

 (i) hold, or have held, an overseas balloon endorsement that is at least equivalent to a class 2 endorsement; and

 (ii) satisfy the requirements of subparagraph (a) (i).

 12.6The requirements for the issue of a class 3 endorsement are:

(a) the person seeking the endorsement must:

 (i) have at least 175 hours aeronautical experience as pilot in command, being experience that includes not less than 80 hours as pilot in command of a balloon engaged in charter operations; and

 (ii) either:

(A) hold a class 2 endorsement and have undertaken at least 6 hours of flying training in a class 3 balloon conducted by a flight instructor who holds a class 3 endorsement; or

(B) hold a class 1 endorsement and have undertaken at least 10 hours of flying training in a class 3 balloon conducted by a flight instructor who holds a class 3 endorsement; or

(b) the person seeking the endorsement must:

 (i) hold, or have held, an overseas balloon endorsement that is at least equivalent to a class 3 endorsement; and

 (ii) satisfy the requirements of subparagraph (a) (i).

 12.7For the purposes of sub-subparagraphs 12.5 (a) (ii) and 12.6 (a) (ii), the flying training must include 5 flights in a free balloon.

 12.8For the purposes of subregulation 5.23 (1), the requirements for the issue of a class 4 endorsement are:

(a) the person seeking the endorsement must:

 (i) have at least 250 hours aeronautical experience as pilot in command, being experience that includes not less than 150 hours as pilot in command of a balloon engaged in charter operations; and

 (ii) satisfy the requirements of subparagraph 12.6 (a) (ii); and

 (iii) have undertaken at least 2 flights in a class 4 balloon during which the person received flying training conducted by a flight instructor who holds a class 4 endorsement or by an approved person; or

(b) the person seeking the endorsement must:

 (i) hold, or have held, an overseas balloon endorsement that is at least equivalent to a class 4 endorsement; and

 (ii) satisfy the requirements of subsubparagraph (a) (i).

 12.9For the purposes of sub-subparagraph 12.8 (a) (iii), each flight must consist of not less than 30 minutes free flight time.

 12.10For the purposes of subregulation 5.23 (1), the requirements for the issue of a class 5 endorsement are:

(a) that the person seeking the endorsement must:

 (i) hold a commercial pilot (balloon) licence; and

 (ii) have completed, in a gas balloon, the course of flying training set out in regulation 5.146; and

 (iii) have passed, in a gas balloon, a commercial pilot (balloon) licence flight test; or

(b) the person seeking the endorsement must:

 (i) hold a commercial pilot (balloon) licence; and

 (ii) hold a class 1 endorsement; and

 (iii) have completed, in a gas balloon, a course of flying training in accordance with paragraph 12.11; or

(c) the person seeking the endorsement must hold, or have held, an overseas balloon endorsement that is at least equivalent to a class 5 endorsement.

 12.11For the purposes of sub-subparagraphs 12.4 (b) (iii) and 12.10 (b) (iii), the course of flying training must consist of at least 5 hours flying training by an authorised flight instructor that includes 3 flights in a free balloon and 1 flight in a tethered balloon.

 12.12For the purposes of this subsection, an overseas balloon endorsement is equivalent to a particular class endorsement if it authorises the holder of the endorsement to fly balloons included in the relevant class as pilot in command while the balloon is engaged in aerial work, or charter, operations.

 12.13CASA may approve persons for the purposes of sub-subparagraph 12.8 (a) (iii).

 12.14In this subsection:

overseas balloon endorsement means a qualification (whether it is called an endorsement, rating or authority, or is known by some other name):

(a) that authorises the holder of the qualification to fly a particular class of balloon; and

(b) that was issued by the responsible authority of a Contracting State.

16 Flight instructor (balloon) rating

 16.1For the purposes of subregulation 5.14 (1):

(a) the flight tests that must be passed; and

(b) the other requirements that must be satisfied;

 for the issue, or renewal, of a flight instructor (balloon) rating are set out in this subsection.

 16.1.1An applicant for a flight instructor (balloon) rating must:

(a) have the aeronautical experience set out in paragraph 16.2; and

(b) pass a flight test conducted by CASA, an approved testing officer or an approved person in accordance with the flight instructor (balloon) rating flight test report form.

 16.2For the purposes of subparagraph 16.1.1 (a), the aeronautical experience must consist of:

(a) at least 250 hours as pilot in command that includes not less than:

 (i) 100 hours free flight time in a balloon engaged in charter operations; and

 (ii) 10 hours tethered flight time; and

(b) holding a commercial pilot (balloon) licence that has been in force for the immediately preceding period of 2 years.

 16.3For subregulation 5.17 (3), a flight instructor (balloon) rating remains in force for:

(a) 1 year from the last day of the month in which the rating was issued; or

(b) 2 years from the last day of the month in which the rating was renewed.

 16.4An applicant for the renewal of a flight instructor (balloon) rating must pass a flight test conducted by CASA, an approved test officer or an approved person in accordance with the flight instructor rating test report form.

 16.4AA flight instructor (balloon) rating is renewed:

(a) if the flight test mentioned in paragraph 16.4 has been passed within the 90 days before the rating would have expired — on the day the rating would have expired; or

(b) in any other case — on the day on which the flight test was passed.

 16.5For the purposes of regulation 5.18, a flight instructor (balloon) rating authorises the holder of the rating:

(a) to give flying training in accordance with the balloon syllabus; and

(b) to give flying training for the issue of an aircraft endorsement for a balloon, being an endorsement held by the holder; and

(c) to conduct a balloon flight review; and

(d) if the holder is approved under regulation 5.20 — to give training for the issue or renewal of a balloon rating.

 16.6For the purposes of subregulation 5.20 (1), the holder of a pilot licence and a flight instructor (balloon) rating is approved to give flying training for the issue of a balloon grade of night V.F.R. rating if he or she holds a balloon grade of night V.F.R. rating.

Note 1

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 40.7 amended as indicated in the Tables below.

Table of Orders

Table A Application, saving or transitional provisions

Sections 3 and 31 of Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) read as follows:

3 Definitions

 (1)In this instrument:

continued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

new authorisation has the meaning given by regulation 202.261 of CASR 1998.

 (2)A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.

Note   Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.

31 Transitional — application of Civil Aviation Orders

 The Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.