Civil Aviation Order 95.53 - Exemption from provisions of the Civil Aviation Regulations 1988 - Manned balloons & hot air airships - Aerial work & charter operations (12/12/2004)

Overview

The Civil Aviation Order 95.53, as amended and published under regulation 308 of the Civil Aviation Regulations 1988, was introduced to streamline operations and regulatory compliance for manned balloons and hot air airships engaged in aerial work and charter operations. This legislative instrument was enacted to address the specific regulatory needs of these lighter-than-air aircraft by exempting them from certain stringent compliance requirements while ensuring that they meet essential safety standards. The order was prepared by the Legislative Drafting Branch, Legal Services Division, Civil Aviation Safety Authority (CASA) in Canberra, with the aim of providing clarity and facilitating safer operations for these unique aircraft types. The policy objective is to balance the need for regulatory oversight with the operational flexibility required by manned balloons and hot air airships, thus fostering innovation and safety within the aerial work and charter sectors.

Scope and Application

Civil Aviation Order 95.53 (as amended) applies to manned balloons and hot air airships, whether free or tethered, when they are engaged in aerial work or charter operations. This legislation pertains specifically to the aviation industry, targeting operators of lighter-than-air aircraft. The geographic reach of this Order is national, as it is implemented under the Civil Aviation Regulations 1988, which apply across Australia. The Order exempts these aircraft from certain regulatory requirements of the Civil Aviation Regulations 1988, including specific provisions related to operational standards and equipment. However, these exemptions come with conditions: manned balloons must obtain CASA permission for operations as per regulations 259 or 260, while hot air airships must operate under an Operations Specification issued by CASA or its delegate. Additionally, a fireproof metal plate inscribed with specific details must be affixed to the aircraft. The exemption does not affect the rights of land owners or occupiers, nor does it alter any rights or remedies for injuries or property damage caused by the aircraft. The applicability of the Order can be further defined or restricted through subordinate instruments issued by CASA.

Key Provisions

The Civil Aviation Order 95.53 (CAO 95.53) provides an exemption from certain provisions of the Civil Aviation Regulations 1988 for manned balloons and hot air airships, either free or tethered, engaged in aerial work or charter operations. The order specifies which regulations these aircraft are exempt from complying with, and it also outlines conditions that must be met for such operations to be legally carried out (Section 95.53(3)). Under Section 95.53(3.1), manned balloons and hot air airships are exempt from specific regulations related to airworthiness, licensing, and operational standards. For manned balloons, these include exemptions from regulations 43, 44, 45, 46, 47, 48, 49, 50, 157, and 163 (in relation to proximity to other balloons or airships). Additionally, manned balloons are exempt from certain provisions of regulations 166A(2), 172 (when operating below 500 feet), 246, and 251. For hot air airships, the exemptions are similar, but they must operate in accordance with an Operations Specification issued by the Civil Aviation Safety Authority (CASA) or its delegate. Operators of these aircraft must ensure compliance with certain conditions to legally conduct their operations. For manned balloons, CASA permission is required for the operation, as stipulated in regulations 259 or 260 of the Civil Aviation Regulations 1988. Hot air airships must operate under an Operations Specification from CASA or its delegate. Furthermore, all such aircraft must have a fireproof metal plate inscribed with the nationality, registration marks, and the manufacturer’s model and serial numbers securely attached near the skirt or at an approved location (Section 95.53(4)). Failure to comply with the conditions set forth in Section 95.53 may result in serious legal consequences. The Civil Aviation Regulations 1988 outline penalties for non-compliance, which can include fines and imprisonment. The exact penalties depend on the specific regulation breached and the severity of the violation. Operators must be fully aware of the legal requirements and ensure strict adherence to avoid facing these potential consequences.