Civil Aviation Order 95.54 (Manned balloons and hot air airships private operations) 2011 (Cth)
Civil Aviation Order 95.54 (Manned balloons and hot air airships — private operations) 2011
made under subregulation 308 (1) of the Civil Aviation Regulations 1988 and regulation 11.160 of the Civil Aviation Safety Regulations 1998.
This compilation was prepared on 26 June 2020 taking into account amendments up to Civil Aviation Order 95.54 Amendment Instrument 2020 (No. 1). It is a compilation of Civil Aviation Order 95.54 (Manned balloons and hot air airships — private operations) 2011 as amended and in force on 26 June 2020.
Prepared by the Office of Parliamentary Counsel, Canberra.
Compilation No. 2.
Contents
Page
1A Name of instrument
1 Application
2 Definitions
3 Exemption under regulation 308
4 Licence not required
5 General conditions
6 Flight conditions
7 Approval of flights not complying with flight conditions
Note to Civil Aviation Order 95.54 (Manned balloons and hot air airships — private operations) 2011
1A Name of instrument
This instrument is Civil Aviation Order 95.54 (Manned balloons and hot air airships — private operations) 2011.
1 Application
This Order applies to free or tethered manned balloons, and hot air airships, that are used solely for any of the following purposes as referred to in paragraph 5.5:
(a) private operations;
(b) flying training.
2 Definitions
Note In this Order, certain terms and expressions have the same meaning as they have in the Act and the regulations. These include Act, AOC, ASAO, ASAO certificate and exposition, of an ASAO.
In this Order:
ABF means the Australian Ballooning Federation Inc.
ABF Operations Manual means a manual, as it exists from time to time, that:
(a) is issued by the ABF; and
(b) is approved in writing by CASA; and
(c) contains the syllabus of training for the issue of pilot certificates (balloons) and procedures and instructions necessary to ensure the safe conduct of balloon and hot air airship operations.
hot air airship means a power-driven lighter-than-air aircraft where buoyancy is provided by hot air.
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.
Order means Civil Aviation Order.
3 Exemption under regulation 308
Under regulation 308 of CAR and subject to compliance with subsections 5 and 6, CASA exempts aircraft to which this section applies from compliance with the following provisions of CAR:
(a) Division 9 of Part 4A;
(b) Parts 5 and 7;
(c) subregulations 83 (1), (2) and (3) in respect of VHF equipment;
(d) subregulation 163 (2) as far as it relates to operations in the proximity of other balloons or hot air airships;
(e) paragraph 133 (1) (c), subregulation 133 (2) and paragraph 139 (1) (c);
(f) regulation 150, in respect of contest markers and wind indicators, and subregulations 157 (1) and (3);
(g) regulation 163AA, paragraphs 166A (2) (d), (e), (f), (g) and (h) and subregulations 166A (3), (4) and (5);
(h) paragraph 167 (1) (d) and regulation 168;
(i) regulation 173 and subregulation 174B (1);
(j) subregulation 207 (2) in respect of the items listed in Appendixes I and V of Civil Aviation Order 20.18;
(k) regulation 226, subregulation 230 (2) and regulations 232 and 251.
4 Licence not required
4.1 For section 20AB of the Act, a person is authorised to perform a duty essential to the operation of an aircraft, to which this Order applies, without holding a flight crew licence if he or she complies with the conditions set out in subsections 5 and 6.
4.2 In spite of paragraph 4.1, a person must hold a current flight radiotelephone operator licence if he or she makes airborne radio transmissions on aeronautical HF frequencies.
Note A licence is not required to make airborne radio transmissions that are not on aeronautical HF frequencies.
5 General conditions
5.1 An aircraft, to which this Order applies, must not be operated except by an individual who is a member of, and subject to the rules, regulations and directions of:
(a) an ASAO that holds an ASAO certificate that authorises the ASAO to perform the following aviation administration functions in relation to manned balloons and hot air airships:
(i) procedures for safe conduct;
(ii) duties essential to the operation of the aircraft; or
(b) the ABF.
5.2 An aircraft, to which this Order applies, must be operated in accordance with the rules, regulations and directions that:
(a) are specified in:
(i) the exposition of the ASAO that issued the pilot with the authorisation to operate the aircraft; or
(ii) the ABF Operations Manual; and
(b) apply to the operation of the aircraft.
5.3 An aircraft, to which this Order applies, must not be flown unless the pilot in command is the holder of:
(a) an authorisation to pilot the aircraft issued by an ASAO in accordance with the ASAO’s exposition; or
(b) a pilot certificate (balloons) issued in accordance with the ABF Operations Manual.
5.4 The operator of an aircraft, to which this Order applies, must keep records of all flights and all maintenance of the aircraft and:
(a) may use the aircraft log book to record all details that would otherwise be required by Part 4 of CAR to be recorded in a maintenance release; and
(b) must make the flight and maintenance records available to the pilot in command prior to a flight; and
(c) must ensure that the aircraft log book is not carried on board the balloon during a flight.
5.5 The aircraft must not be used for any purpose except:
(a) private operations (other than agricultural operations) including:
(i) the carriage of persons invited by the pilot without charge;
(ii) participation in an event for prizes, or for sponsorship not exceeding reasonable costs of participation;
(iii) promotion of activities, including the business of the owner or provider of the aircraft, where the pilot is not remunerated for conducting any flight; and
(b) flying training conducted by the holder of:
(i) an instructor authorisation issued by an ASAO; or
(ii) a certificate issued by the ABF in accordance with the ABF Operations Manual.
6 Flight conditions
6.1 An aircraft, to which this Order applies, must not be flown:
(a) unless loaded and operated in accordance with its flight manual and any additional requirements relating to the loading and operation of the aircraft that are specified in:
(i) the exposition of an ASAO; or
(ii) the ABF Operations Manual; and
(b) unless the pilot in command carries maps covering the proposed area of operation showing topographical and cultural features including aerodromes and controlled airspace, prohibited, restricted and danger areas along the likely flight path, and areas that have been declared as sensitive areas:
(i) by an ASAO, in accordance with the exposition of the ASAO; or
(ii) by the ABF, in accordance with the ABF Operations Manual.
6.2 Subject to paragraph 7.5, an aircraft, to which this Order applies, must be fitted with a serviceable radiocommunication system if it is to be flown:
(a) at an altitude not less than 5 000 feet; or
(b) in the vicinity of an aerodrome that has a published instrument approach or is a designated aerodrome under regulation 166A of CAR; or
(c) at night; or
(d) in Class C, D or E airspace; or
(e) in any restricted airspace that is active or may be activated at short notice.
Note Classes of airspace are determined from time to time in a legislative instrument made under regulation 5 of the Airspace Regulations 2007. At the date this instrument is signed, the legislative instrument is CASA OAR 042/19 — Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2019.
6.3 Subject to paragraph 7.5, an aircraft to which this Order applies must not be flown as follows:
(a) other than in V.M.C., unless air traffic control has given the pilot in command permission under paragraph 172 (4) (a) of CAR to conduct a special V.F.R. flight in Class C or D airspace;
(b) subject to subparagraph (c), in airspace other than:
(i) Class G airspace; or
(ii) Class E airspace;
(c) in Class C or D airspace, or at a height lower than 2 000 feet above the aerodrome elevation while flying within 3 nautical miles of any certified or registered aerodrome — unless the pilot in command holds any of the following that meets the requirements of paragraph 6.4:
(i) a current commercial pilot (balloon) licence;
(ii) an endorsement on an ABF pilot certificate;
(iii) an authorisation, issued by an ASAO;
(d) at night — unless the pilot in command has any of the following that authorise the aircraft to be flown at night:
(i) a rating or authorisation endorsed on the pilot in command’s ABF pilot certificate;
(ii) an authorisation issued by an ASAO;
(e) higher than 10 000 feet above mean sea level — unless the occupants are provided with supplemental breathing oxygen from a supply system approved by any of the following:
(i) CASA;
(ii) an ASAO;
(iii) the ABF;
(f) over the open sea;
(g) above any other body of water, such as a lake, bay or estuary, at a horizontal distance of more than 1 kilometre from the shore — unless all occupants are provided with life jackets.
Note See regulation 260 of CAR for requirements regarding the height and distance from aerodromes at which tethered manned balloons may be flown unless permission is given by CASA.
6.4 For subparagraph 6.3 (c), the licence, endorsement or authorisation must authorise the aircraft to be flown, in the airspace or at the height, as applicable, for the activity for which it is flown.
6.6 The radiotelephone equipment (if any) fitted to the aircraft must not be used by a person unless the person holds:
(a) for transmissions on VHF frequencies only — a valid certificate, issued by the ABF in accordance with the ABF Operations Manual, relating to the operation of radiotelephone equipment; or
(b) for all transmissions — a flight radiotelephone operator licence.
7 Approval of flights not complying with flight conditions
7.1 A person who wants to fly a balloon or hot air airship, to which this Order applies, otherwise than in accordance with the flight conditions set out in paragraph 6.2, 6.3, 6.5 or 6.6, may apply to CASA for approval of the flight.
7.2 The application must:
(a) be in writing;
(b) include details of the proposed flight; and
(c) be made at least 28 days before the proposed flight.
7.3 CASA may, in writing, approve the application.
7.4 The approval:
(a) must specify which of the flight conditions set out in paragraph 6.2, 6.3, 6.5 or 6.6 do not apply to the use, by the applicant, of the aircraft; and
(b) may specify conditions to be complied with in relation to the proposed flight.
7.5 If the proposed flight takes place in accordance with the approval (including any conditions specified in the approval in accordance with subparagraph 7.4 (b)), the use by the applicant of the aircraft in the flight is not subject to the flight conditions specified in the approval in accordance with subparagraph 7.4 (a).
Note to Civil Aviation Order 95.54 (Manned balloons and hot air airships — private operations) 2011
The Civil Aviation Order 95.54 (in force under the Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998) as shown in this compilation comprises Civil Aviation Order 95.54 made as indicated in the Table below.
Table of Orders
| Year and | Date of registration on | Date of | Application, saving or |
| CAO 95.54 Instrument 2011 | 15 April 2011 (see F2011L00616) | 16 April 2011 | — |
| CAO 95.54 2011 No. 1 | 5 August 2011 (see F2011L01607) | 6 August 2011 | — |
| CAO 95.54 2020 No. 1 | 25 June 2020 (see F2020L00778) | 26 June 2020 | — |
Table of Amendments ad. = added or inserted am. = amended C[x] = Compilation No. x ed. = editorial change rep. = repealed | |
| Provision affected | How affected |
| CAO 95.54............................ | rs. CAO 95.54 Instrument 2011 |
| s. 1 (first occurring)............. | rep. CAO 95.54 2011 No. 1 |
| s. 1A....................................... | ad. CAO 95.54 2011 No. 1 |
| s. 1B....................................... | rep. Legislation Act 2003, s. 48D |
| s. 2 Renumbered s.1B........... | CAO 95.54 2011 No. 1 |
| s. 2......................................... | am. CAO 95.54 2011 No. 1 |
| s. 3......................................... | rep. CAO 95.54 2011 No. 1 |
| Schedule heading.............. | rep. CAO 95.54 2011 No. 1 |
| CAO title................................ | rep. CAO 95.54 2011 No. 1 |
| subs. 2................................... | am. F2020L00778 |
| subs. 3................................... | am. F2020L00778 |
| subs. 5................................... | am. F2020L00778 |
| subs. 6................................... | am. CAO 95.54 2011 No. 1, F2020L00778 |
| ed. C2 | |
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the notes will include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
The editorial change amendments can be given effect as intended and incorporated into the compiled law and the abbreviation “ed” will be added to the details of the amendment in the Table of Amendments.
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Subparagraphs 6.1(a) (second occurring) and (b) (first occurring)
Kind of editorial change
Renumbering of provisions
Details of editorial change
Schedule 1 item 9 of the Civil Aviation Order 95.54 Amendment Instrument 2020 (No. 1) provides as follows:
[9] Subparagraph 6.1 (a)
omit
such additional conditions as contained in the ABF Operations Manual; and
insert
any additional requirements relating to the loading and operation of the aircraft that are specified in:
(a) the exposition of an ASAO; or
(b) the ABF Operations Manual; and
This amendment creates two occurrences of subparagraphs 6.1(a) and (b).
This compilation was editorially changed by renumbering the second occurring subparagraph 6.1(a) as sub-subparagraph 6.1(a)(i) and the first occurring subparagraph 6.1(b) as sub-subparagraph 6.1(a)(ii).
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