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Project OS 18/08 - Amendments to CAOs 40.7 and 82.7 to align with CAR Part 5 and balloon class definitions in regulation 5.01 of CAR
Project closed 21 August 2019.
The amendments have been registered on the Federal Register of Legislation and will commence on 1 September 2019. The amended versions of CAO 40.7 and CAO 82.7 are expected to remain in force until replaced with new regulations in Part 131 of CASR and Part 131 MOS. No further amendments to these CAOs are planned.
The definition of balloon size classes in Civil Aviation Orders (CAOs) 40.7 and 82.7 is not consistent with regulation 5.01 of the Civil Aviation Regulations 1988 (CAR).
CAO 40.7 - Aircraft endorsements (balloons) and flight instructor (balloons) ratings refers to five classes of balloons – four hot air size classes and a single gas class – and the requirements for a person to gain an endorsement for each class.
CAO 82.7 - Air Operators’ Certificates authorising aerial work operations and charter operations in balloons refers to four hot air groups of balloons and a single gas group. The qualifications that a chief pilot must hold depends on the AOC holder’s operating balloon fleet.
Regulation 5.01 of CAR defines only three classes of balloons – two hot air size classes and a single gas class.
The proposed objective is to:
- Amend CAO 40.7 to prescribe the pilot endorsement requirements for the balloon classes defined in reg 5.01 of CAR.
- Amend CAO 82.7 to prescribe chief pilot requirements that are consistent with the balloon classes defined in reg 5.01 of CAR.
Although Part 131 of the Civil Aviation Safety Regulations 1998 (CASR) will address this issue, CASA has recognised that this inconsistency between different pieces of legislation is causing difficulty for industry and has therefore determined that the issue should be resolved now.
CASA intends to provide amendments to the CAOs to provide legislative clarity on the following matters:
- the privileges of a current Class 1 endorsed CP(B)L holder
- the aeronautical experience and training requirements for a pilot wishing to obtain a class 2 endorsement
- the privileges of a current Class 2 endorsed CP(B)L holder
- the aeronautical experience requirements for a chief pilot.
The proposed amendments to CAO 40.7 would:
- prescribe minimum hours of line training for pilots flying as pilot in command under supervision (PICUS) under Regulation 5.40 of CAR 1988 to be logged after initial qualification for Class 1 or Class 2 balloons
- prescribe the maximum number of passengers that may be carried in a Class 1 balloon by a newly qualified CP(B)L until he or she has undertaken the required line training
- prescribe the minimum aeronautical experience required for a pilot wishing to be endorsed to fly a class 2 balloon
- prescribe the maximum envelope size a pilot newly qualified to fly Class 2 balloons can fly until he or she has undertaken the required line training
- encourage competency-based training
- ensure instructors and chief pilots take responsibility for the competency of pilots
- be a precursor to the Part 131 MOS.
The proposed amendment to CAO 82.7 would prescribe the minimum qualifications for the chief pilot of an AOC holder that are consistent with the definition of balloon classes in reg 5.01 of CAR and be a precursor to Part 131.
Timing: The delegations for the Authorise Balloon Testing Officers (ABTO) were recently issued for only six months and are due to expire on 30 April 2019. These amendments are required to be made before the ABTO delegations are due for reissue in 2019. CASA intends to consult on the proposed CAO amendments starting in December 2018 and make the amendments in February 2019.
This project is associated with:
- CAO 40.7
- CAO 82.7
|Consultation updates in 2019|
|OS 18/08 - Amendments to CAOs 40.7 and 82.7 to align with CAR Part 5 and balloon class definitions in regulation 5.01 of CAR||Project closed.||21 August 2019|
|Civil Aviation Order 40.7 Amendment Instrument 2019 (No. 1)||Registered on the Federal Register of Legislation 14 Aug 2019 and commences on 1 September 2019.||21 August 2019|
|Civil Aviation Order 82.7 Amendment Instrument 2019 (No. 1)||Registered on the Federal Register of Legislation 14 Aug 2019 and commences on 1 September 2019.||21 August 2019|
|Summary of consultation on CD 1901AS - Amendments to CAOs 40.7 and 82.7 to align with regulation 5.01 of CAR 1988||This Summary of consultation on CD 1901AS has been published.||2 July 2019|
|CD 1901OS – Amendments to CAOs 40.7 and 82.7 to align with regulation 5.01 of CAR 1988||Comments close 15 March 2019.||15 February 2019|
|Consultation updates in 2018|
|Project OS 18/08 - Amendments to CAOs 40.7 and 82.7 to align with CAR Part 5 and balloon class definitions in regulation 5.01 of CAR||Project approved.||11 December 2018|
Technical lead: Alan Shore, Senior Standards Officer (Balloons)
Policy manager: Manager, Flight Standards Branch