Civil Aviation Amendment Order

(No. R81) 2004

I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 308 (1) of the Civil Aviation Regulations 1988.

[Signed Bruce Byron]

Bruce Byron

Director of Aviation Safety and

   Chief Executive Officer

12 December 2004

__________________

1 Name of Order

  This Order is the Civil Aviation Amendment Order (No. R81) 2004.

2 Commencement

  This Order commences on gazettal.

3                      Replacement of section 95.54 of the Civil Aviation Orders

  Section 95.54 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1 Substitution of section 95.54 of the Civil Aviation Orders

SECTION 95.54

EXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 — MANNED BALLOONS AND HOT AIR AIRSHIPS — PRIVATE OPERATIONS

1 APPLICATION

This section applies to manned balloons, either free or tethered and hot air airships used solely in private operations for recreational purposes only.

2 DEFINITIONS

In this section:

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

Federation means the Australian Ballooning Federation.

manned balloon means a non-power-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.

Operations Manual means a manual approved by CASA containing the syllabus of training for the issue of pilot certificates (balloons) and the procedures and instructions necessary to ensure the safe conduct of balloon and hot air airship operations.

3 EXEMPTION

3.1 Under regulation 308 of the Civil Aviation Regulations 1988 an subject to compliance with subsection 4, CASA exempts aircraft to which this section applies from compliance with the following provisions of those Regulations:

 (a) regulations 43, 44, 45, 47, 48, 49, 50 and 157;

 (b) Parts 5, 7, 9 and 10;

 (c) subregulation 163 (2) insofar as it relates to operations in the proximity of other balloons or hot air airships;

 (d) Divisions 2, 3 and 4 of Part 12;

 (e) regulation 251.

3A LICENCE NOT REQUIRED

3A.1 For the purposes of paragraph 20AB (1) (b) of the Act, a person is authorised to perform a duty essential to the operation of an aircraft to which this section applies without holding a flight crew licence if he or she complies with the conditions set out in subsection 4.

3A.2 In spite of paragraph 3A.1, a person must hold a flight radiotelephone operator licence if he or she makes airborne radio transmissions.

4 CONDITIONS

4.1 An aircraft to which this section applies:

 (a) shall not be operated except by an organisation or individual who is a member of and subject to the rules, regulations and directions of the Federation; and

 (b) shall be operated in accordance with the rules, regulations and directions contained in the Operations Manual of the Federation; and

 (d) shall not be flown unless the pilot in command is the holder of a pilot certificate (balloons) issued in accordance with the requirements specified in the Operations Manual of the Federation.

4.2 Except with CASA’s written permission and in accordance with any conditions specified in the permit to minimise hazard to other aircraft or to persons or property on the ground or water, an aircraft to which this section applies shall not be flown:

 (a) unless loaded and operated in accordance with the flight manual and such additional conditions as contained in the Operations Manual of the Federation; or

 (b) unless the pilot in command carries maps covering the proposed area of operation showing aerodromes, controlled airspace, prohibited, restricted and danger areas along the likely flight path; or

 (c) at a height exceeding 5 000 feet above sea level or within 8 kilometres of a licensed aerodrome or a military aerodrome or within 16 kilometres of an aerodrome with an instrument approach procedure or within a Mandatory Broadcast Zone unless:

 (i) it is equipped with a serviceable radio communication system capable of continuous two-way communication with an Air Traffic Services Unit; and

 (iii) the appropriate radio communication procedures as specified in AIP and VFR Flight Guide are complied with; or

 (d) at a height less than 2 000 feet above ground level within 5 kilometres of a licensed aerodrome; or

 (e) at night; or

 (f) at a height exceeding 500 feet above ground level unless the flight visibility above 500 feet above ground level is equal to or greater than 5 000 metres and the aircraft is flown at a distance equal to or greater than 600 metres horizontally and 500 feet vertically from cloud; or

 (g) at a height exceeding 10 000 feet above sea level; or

 (h) within controlled airspace; or

 (i) over the sea; or

 (j) over any city, town or populous area below 1 000 feet above ground level and, in the case of a hot air balloon or a hot air airship sufficient fuel is carried to ensure that flight higher than 1 000 feet above ground level can be maintained at all times whilst over the city, town or populous area; or

 (k) unless the exterior surface of the envelope is of a contrasting colour or colours so that it will be conspicuous during operation (multi-coloured banners or streamers are acceptable if it can be shown that they are large enough and there are enough of them of contrasting colour to make the balloon conspicuous during flight); or

 (l) unless the balloon envelope has secured to it in a permanent position near the skirt a fireproof identification plate inscribed with the nationality and registration mark and manufacturer’s model and serial numbers; or

 (m) unless the basket and burner assemblies are each permanently inscribed with the manufacturer’s name, part number and serial number; or

 (n) moored to the ground;

 (i) at a height in excess of 300 feet above ground level; or

 (ii) within 4 kilometres of a Government or licensed aerodrome.

4.3 Where it is proposed to fly an aircraft, other than an aircraft moored to the ground, to which this section applies at any regatta, race meeting or public gathering, it shall be the responsibility of the person actually operating the aircraft, or his agent, to submit a written application specifying the details of the proposed operation to CASA not less than 28 days prior to the proposed flight(s).

Note: Attention is directed to the fact that the exemption granted by this section does not confer on an operator of any 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.