Civil Aviation Order 95.53 (as amended)

made under regulation 308 of the Civil Aviation Regulations 1988.

This compilation was prepared on 28 May 2010 taking into account amendments up to Civil Aviation Order 95.53 Amendment Order (No. 1) 2010.

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

Contents

Section 95.53 (Exemption from provisions of the Civil Aviation Regulations 1988 — manned balloons and hot air airships —
aerial work and charter operations)

Page

1 Application 

2 Definitions 

3 Exemption 

4 Conditions 

 Notes to Civil Aviation Order 95.8 

Section 95.53

Exemption from provisions of the Civil Aviation Regulations 1988 — manned balloons and hot air airships — aerial work and charter operations

1 Application

 This section applies to manned balloons and hot air airships, either free or tethered, whilst engaged in aerial work or charter operations.

2 Definitions

hot air airship means a power-driven lighter-than-air aircraft where buoyancy is provided by hot air.

manned balloon means a non-powered-driven lighter-than-air aircraft capable of carrying 1 or more persons and equipped with controls to permit the pilot to control the altitude of the aircraft.

Operational Specification means directions given by CASA or its delegate to an individual Air Operator Certificate holder to define, limit, or authorise certain specified aspects of the operations conducted by the certificate holder.

3 Exemption

 3.1Under regulation 308 of the Civil Aviation Regulations 1988, manned balloons and hot air airships engaged in aerial work and charter operations are exempt from compliance with the following provisions:

(a) regulations 43, 44, 45, 46, 47, 48, 49 and 50;

(b) regulation 157;

(c) regulation 163 insofar as it relates to operations in proximity to other manned balloons or hot air airships;

 and in addition, manned balloons engaged in aerial work and charter operations are exempt from compliance with the provisions of:

(d) paragraphs 166A (2) (d), (e), (f) and (h);

(e) regulation 172 in respect of operations conducted at a height of less than 500 feet above the ground;

(f) regulations 246 and 251;

 of the Civil Aviation Regulations 1988.

 Subsection 4 specifies the conditions to be complied with by such aircraft.

4 Conditions

 An aircraft to which this section applies shall not be flown unless:

(a) if it is a manned balloon, the permission of CASA has been obtained for the operation of such a balloon, as required by regulations 259 or 260 of the Civil Aviation Regulations 1988; or

(b) if it is a hot air airship, it is operated in accordance with an Operations Specification issued by CASA or its delegate; and

(c) the aircraft envelope has secured to it in a permanent position near the skirt, or such other position as may be approved by CASA or its delegate, a fireproof metal plate inscribed with the nationality and registration marks and the manufacturer’s model and serial numbers.

Note   Attention is directed to the fact that the exemption granted by this section does not confer on an owner or operator of an aircraft to which this section applies any rights as against the owner or occupier of any land on or over which the operations are conducted, or prejudice in any way the rights and remedies which a person may have in respect of any injury to persons or damage to property caused directly or indirectly by the aircraft.

Notes to Civil Aviation Order 95.53

Note 1

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 95.53 amended as indicated in the Tables below.

Table of Orders