Commonwealth Consolidated Regulations

CIVIL AVIATION REGULATIONS 1988 - REG 5.147

  (1)   A commercial pilot (balloon) licence flight test must be conducted only by a CASA flying operations inspector or an approved person in a balloon for which the person attempting the test is qualified to hold a balloon class endorsement.

Note:   Requirements to qualify for class endorsements are set out in the Civil Aviation Orders.

  (2)   An approved balloon testing officer, or a CASA flying operations inspector, commits an offence if:

  (a)   the officer or inspector conducts a commercial pilot (balloon) licence flight test; and

  (b)   the person attempting the test has not been recommended for the test by the chief balloon flying instructor of the balloon flying school where the person attempts the test.

Penalty:   50 penalty units.

  (3)   A chief balloon flying instructor commits an offence if:

  (a)   the chief balloon flying instructor recommends a person for a commercial pilot (balloon) licence flight test; and

  (b)   the person does not satisfy the requirements of paragraphs 5.138(1)(b), (c), (d), (f) and (g).

Penalty:   50 penalty units.

  (4)   A chief balloon flying instructor commits an offence if:

  (a)   the chief balloon flying instructor recommends a person for a commercial pilot (balloon) licence flight test; and

  (b)   the person is not at least 17.

Penalty:   50 penalty units.

Note:   Paragraph   5.138(1)(a) requires a person to be 18 to qualify for the licence.

  (5)   If:

  (a)   a person attempts a commercial pilot (balloon) licence flight test; and

  (b)   the requirements of subregulations (1), (2), (3) and (4) are not satisfied in relation to the attempt;

the person is taken not to have passed the test.

  (6)   CASA may approve a person for subregulation   (1) to conduct a commercial pilot (balloon) flight test.

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