Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021

(as amended)

made under regulation 5 of the Civil Aviation Regulations 1988 and regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

This compilation was prepared on 8 July 2024 taking into account amendments up to Civil Aviation Order 95.54 Amendment Instrument 2024 (No. 1). It is a compilation of Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021 as amended and in force on 8 July 2024.

Prepared by the Advisory and Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.

Compilation No. 2.

Contents

Page

1 Name of instrument

2 Repeal

4 Application

5 Definitions

5A Meaning of relevant permit — 1

5B Meaning of relevant permit — 2

5BA Permits require training

5BB Private pilot (balloon) permit condition

5BC Aerodrome endorsements

5C Flight crew licence not required

6 Exemption — aircraft maintenance

6A Exemption — pilot maintenance on relevant aircraft

7 Exemption — Part 131 pilot authorisation

8 Exemptions — authorisations from a Part 131 ASAO

9 Directions to pilots holding a relevant permit

11 General conditions

12 Additional conditions

13 Applications for a certain relevant permits under this Order

Note to Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 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 Repeal

  This instrument is repealed at the end of 11 November 2024.

4 Application

  An exemption under this Order applies in relation to a relevant aircraft only if the pilot in command holds a relevant permit.

5 Definitions

 (1) In this Order:

ABF means the Australian Ballooning Federation Inc.

ASAO 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.

Contracting State has the meaning given by section 3 of the Civil Aviation Act 1988.

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

flight radiotelephone operator licence has the meaning given by the CASR Dictionary.

MOS means the Part 131 (Balloons and Hot Air Airships) Manual of Standards 2024.

non-controlled aerodrome endorsement means an endorsement issued by CASA that authorises a person to operate a relevant aircraft below 2 000 ft. above the elevation of a non-controlled aerodrome at, or within 3 NM of, the aerodrome.

Note   See also subsections 5BB and 5BC.

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 by regulation 131.025 of CASR.

Note   Such an activity does not include specialised balloon operations, but this Order also applies to such operations through the definition of relevant aircraft.

procedures manual means the CASA Recreational Ballooning Procedures Manual, as in force from time to time.

Note   The CASA Recreational Ballooning Procedures Manual is a modified version of the former ABF operations manual that was in force immediately before 2 December 2023. It is available on the CASA website Civil Aviation Safety Authority (casa.gov.au).

relevant aircraft means a Part 131 aircraft engaged in:

(a) a Part 131 recreational activity; or

(b) a specialised balloon operation.

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

relevant permit has the meaning given by subsections 5A and 5B.

Note   Relevant permits apply for relevant aircraft. See the definition of relevant aircraft.

specialised balloon operation has the meaning given by regulation 131.020 of CASR.

Note   Under regulation 131.325 of CASR, the operator of a Part 131 aircraft that involves a specialised balloon operation must hold an approval under regulation 131.035 and operate the aircraft in accordance with the conditions of the approval.

5A Meaning of relevant permit — 1

  In this Order:

relevant permit means:

(a) the permit a person is deemed to hold under Table 5A.1 that authorises the permit holder to operate a relevant aircraft; or

(b) the permit a person is deemed to hold under Table 5A.2; or

(c) the permit mentioned in Table 5A.3, that under subsection 13 is issued to a person by CASA on or after 2 December 2023, that authorises the permit holder:

 (i) to operate a relevant aircraft; or

 (ii) to operate a radio in a relevant aircraft; or

 (iii) to carry a hang glider outside a Part 131 aircraft in a Part 131 recreational activity.

 Table 5A.1

 Table 5A.2

 Table 5A.3

5B Meaning of relevant permit — 2

  In this Order, relevant permit also means one of the following:

(a) a CP(B)L;

(b) a certificate of validation issued under Part 5 of CAR.

5BA Permits require training

 (1) CASA must not issue the permit mentioned in items 2, 3, 4, 5, and 7 in Table 5A.3 in subsection 5A, unless the applicant for the permit has successfully completed all applicable theory and practical training for the permit in accordance with the syllabus in the procedures manual.

 (2) However, CASA may issue the permit mentioned in items 2 and 3 in Table 5A.3 in subsection 5A if the applicant holds an overseas qualification that CASA approves in writing as being equivalent to the particular permit.

5BB Private pilot (balloon) permit condition

  For regulation 11.068, it is a condition of the private pilot (balloon) permit of the pilot in command of a relevant aircraft that the aircraft may only fly below 2 000 ft. above the elevation of a non-controlled aerodrome at, or within 3 NM of, the aerodrome, if the permit is endorsed for such flight.

5BC Aerodrome endorsements

  Grandfathered aerodrome endorsement

 (1) If:

(a) immediately before 2 December 2023, a person held an aerodrome endorsement issued by the ABF that authorised the person to operate a relevant aircraft below 2 000 ft. above the elevation of a non-controlled aerodrome at, or within 3 NM of, the aerodrome, and

(b) on and after 2 December 2023, the person holds a relevant permit;

  then, on and after 8 July 2024, the person is deemed to hold a non-controlled aerodrome endorsement, unless that endorsement expires or is revoked by CASA.

  New aerodrome endorsements

 (2) CASA may issue a non-controlled aerodrome endorsement to an applicant:

(a) to whom subsection (1) applies; or

Note   This is an automatic entitlement because of paragraph (1).

(b) who holds a private pilot (balloon) permit.

5C Flight crew licence not required

 (1) For paragraph 20AB (1) (b) of the Civil Aviation Act 1988, the following are taken to constitute an authorisation to perform a duty essential to the operation of a relevant aircraft without holding a flight crew licence:

(a) the holding of a relevant permit that is not a flight crew licence; and

(b) compliance with the requirements set out in this Order.

 (2) However, if a person makes airborne radio transmissions on aeronautical HF frequencies, the person must:

(a) hold a current flight radiotelephone licence; or

(b) be authorised to make the transmissions under Part 61 or Part 64 of CASR.

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.

6A Exemption — pilot maintenance on relevant aircraft

 (1) For a relevant aircraft, a person is exempted from compliance with a requirement of subparagraph 42ZC (4) (db) (i) of CAR.

 (2) Paragraph (1) does not affect subparagraphs of 42ZC (4) (db) (ii) and (iii) of CAR.

 (3) The exemption under paragraph (1) is subject to the condition that the person who may carry out maintenance in Australian territory on a balloon that is both a relevant aircraft and a class B aircraft must be the holder of one of the following that is valid for the aircraft:

(a) a commercial pilot (balloon) licence;

(b) a private pilot certificate (balloons);

(c) a relevant permit within the meaning under sub-subparagraph (c) (i) of the definition of relevant permit in subsection 5A.

Note   The requirements of subparagraphs 42ZC (4) (db) (ii) and (iii) of CAR must also be complied with, namely:

(a) the maintenance is specified in Part 2 of Schedule 8 of CAR; and

(b) the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph.

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 a relevant permit.

Note   Paragraph (c) of the definition of a Part 131 pilot authorisation in the CASR Dictionary refers to an authorisation from a Part 131 ASAO that authorises the holder to operate a Part 131 aircraft. That element of the definition is currently inapplicable.

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 must hold a relevant permit.

  Table 8 (1)

9 Directions to pilots holding a relevant permit

 (1) Before commencing a flight in a relevant aircraft that involves a VFR flight by night, the pilot in command must:

(a) hold a relevant permit authorising the flight; and

(b) meet the day VFR recency requirements in the procedures manual.

 (2) The pilot in command must not operate a relevant aircraft in Class A, Class B, Class C or Class D airspace, or in a restricted area unless:

(a) the relevant aircraft is fitted with, or is carrying, a radio capable of two-way communication with air traffic control; and

(b) if the controlled airspace in which the relevant aircraft is operating requires a transponder to be fitted to, or carried on, the relevant aircraft — the relevant aircraft is fitted with, or carries, a transponder that is suitable for use in the airspace; and

(c) the pilot in command holds a current pilot licence with an aircraft category rating, or a current CP(B)L or certificate of validation issued under Part 5 of CAR, the valid privileges of which include operating in controlled airspace and at a controlled aerodrome; and

(d) the pilot in command has a valid flight review for the aircraft’s class rating under Part 61 of CASR, or a valid flight review and recent experience in accordance with regulations 5.143 and 5.144 of CAR (as in force from time to time), respectively.

11 General conditions

  Each exemption under this Order is 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;

(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 Order does not affect the requirement for an operator or pilot in command to comply with other provisions of CAR or CASR as is in force from time to time if they apply to them. If there is a conflict between any of the provisions in this Order and a similar provision in CASR Part 91 or CASR Part 131, the CASR provision takes priority.

12 Additional conditions

  The exemptions in subsections 6, 7 and 8 of this Order are subject to the condition that the operator and the pilot in command, as applicable, of a relevant aircraft must comply with the following requirements:

(a) the relevant aircraft may only be operated by a person who holds one of the following to operate the aircraft in a Part 131 recreational activity:

 (i) a CP(B)L;

 (ii) a certificate of validation issued under Part 5 of CAR;

 (iii) a relevant permit;

(b) the relevant aircraft may only be operated in accordance with the rules, regulations and directions that:

 (i) are specified in the procedures manual; and

 (ii) apply to the operation of the aircraft.

13 Applications for a certain relevant permits under this Order

 (1) This subsection applies to a person (an applicant) who, before 2 December 2023, but for the making of the Civil Aviation Order 95.54 Amendment Instrument 2023 (No. 1) would have applied to the ABF for an ABF certificate or approval mentioned in Table 5A.1 or Table 5A.2.

 (2) The exemptions, directions and conditions in this Order apply to the applicant, but only if:

(a) the applicant applies to CASA for a relevant permit mentioned in subparagraph 5A (c) of the definition of relevant permit; and

(b) CASA, in accordance with the requirements under the procedures manual, grants the applicant the relevant permit under this Order, with or without conditions.

 (3) To avoid doubt, for paragraph (2), Subparts 11.B and 11.BA of CASR are to be taken to apply for the purposes of an application for a permit under subparagraph (2) (a), as if the permit were an authorisation.

 (4) For the purposes of this subsection, an applicant is deemed to include a person:

(a) who holds a current qualification equivalent to an ABF private pilot (balloon) certificate and an ABF radio operator (balloon) certificate, each of which was granted by the national aviation authority of a Contracting State; and

(b) who intends to conduct a Part 131 recreational activity in Australia, in an Australian-registered balloon, over a period not longer than 30 days; and

(c) for whom the procedures manual contains specific requirements which the person must satisfy to be granted a private pilot (balloon) permit and a radio operator (balloon) permit under this Order.

Note to Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021

The Civil Aviation Order (in force under regulation 5 of the Civil Aviation Regulations 1988 and regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998) as shown in this compilation comprises Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021 amended as indicated in the Tables below.

Table of Orders