Commonwealth Consolidated Regulations

CIVIL AVIATION REGULATIONS 1988 - REG 5.143

  (1)   A commercial (balloon) pilot commits an offence if the pilot:

  (a)   flies as pilot in command of a balloon that is engaged in aerial work operations or charter operations; and

  (b)   has not, within the period of 2 years immediately before the day of the flight, satisfactorily completed a balloon flight review.

Penalty:   50 penalty units.

  (2)   A balloon flight review must:

  (a)   be conducted only by an appropriate person in a balloon for which the pilot holds a balloon class endorsement; and

  (b)   include at least:

  (i)   1 inflation of the balloon envelope; and

  (ii)   30 minutes of flight time; and

  (iii)   1 deflation of the balloon envelope.

  (3)   If:

  (a)   a commercial (balloon) pilot undertakes a balloon flight review; and

  (b)   the requirements of subregulation   (2) are not satisfied in relation to the review;

the pilot is taken not to have satisfactorily completed the review.

  (4)   A person commits an offence if:

  (a)   the person conducts a balloon flight review of a commercial (balloon) pilot; and

  (b)   the pilot satisfactorily completes the review; and

  (c)   the person is satisfied that the pilot is able to safely fly a balloon in aerial work operations or charter operations; and

  (d)   the person does not make an entry in the pilot's personal log book to the effect that the pilot has satisfactorily completed the review.

Penalty:   50 penalty units.

  (5)   For this regulation, a commercial (balloon) pilot is taken to have satisfactorily completed a balloon flight review if, within the period of 2 years immediately before the day of a proposed flight, the pilot has:

  (a)   passed a flight test conducted for the purpose of:

  (i)   the issue of a commercial pilot (balloon) licence; or

  (ii)   the issue, or renewal, of a flight instructor (balloon) rating; or

  (b)   satisfactorily completed a balloon proficiency check; or

  (c)   satisfactorily completed balloon conversion training given by the holder of a flight instructor (balloon) rating.

  (6)   An offence against this regulation is an offence of strict liability.

  (7)   In this regulation:

"appropriate person" means:

  (a)   a person who holds a flight instructor (balloon) rating; or

  (b)   a CASA flying operations inspector; or

  (c)   an authorised person.

"balloon conversion training" means training undertaken by a commercial (balloon) pilot for the purpose of qualifying for a balloon class endorsement.

"balloon flight review" means a test of the aeronautical skills and aeronautical knowledge of the person undertaking the review that are relevant to the safe flight of balloons in aerial work operations or charter operations.