I, Philippa Jillian spence, Director of Aviation Safety, on behalf of CASA, make this instrument 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.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

20 October 2023

Civil Aviation Order 95.54 Amendment Instrument 2023 (No. 1)

1 Name of instrument

  This instrument is Civil Aviation Order 95.54 Amendment Instrument 2023 (No. 1).

2 Commencement

  This instrument commences on 2 December 2023.

3 Amendment of Civil Aviation Order 95.54

  Schedule 1 amends Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021.

Schedule 1 Amendments

[1] Subsection 2

repeal and substitute

2 Repeal

  This instrument is repealed at the end of 1 December 2024.

[2] Subsection 4

repeal and substitute

4 Application

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

[3] Subsection 5, Definitions of ABF operations manual, ASAO, ASAO authorisation, ASAO certificate, Part 105 ASAO, Part 131 recreational activity (including the Note), relevant aircraft and relevant parachuting organisation

repeal

[4] Subsection 5, Definitions

insert

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

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

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. The CASA Manual is available on the CASA website Civil Aviation Safety Authority (casa.gov.au).

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.

relevant aircraft means a Part 131 aircraft engaged in:

(a)      a Part 131 recreational activity; or

(b)      a specialised balloon operation.

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.

[5] After subsection 5

insert

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

[6] After subsection 5A

insert

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.

[7] After subsection 5B

insert

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.

[8] After subsection 6

insert

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.

[9] Paragraph 7 (2), including the Note

repeal and substitute

 (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 now, for practical purposes, redundant and will be repealed in due course.

[10] Paragraph 8 (2)

repeal and substitute

 (2) It is a condition of the exemption that the pilot must hold a relevant permit.

[11] Paragraph 8 (2), Table 8 (1)

insert

[12] Subsections 9 and 10

repeal and substitute

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 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, 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.

[13] Subsection 11, the chapeau

omit

The exemptions in sections 7 to 8 are

insert

Each exemption under this Order is

[14] Subparagraph 11 (v)

repeal

[15] Subsection 11, the Note

repeal and substitute

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.

[16] After subsection 11

insert

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 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 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 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.