Commonwealth Consolidated Regulations

CIVIL AVIATION REGULATIONS 1988 - REG 5.40

  (1)   A person commits an offence if:

  (a)   the person flies a balloon as pilot acting in command under supervision; and

  (b)   either:

  (i)   the person does not satisfy subregulation   (3) in relation to the balloon; or

  (ii)   the person does not satisfy subregulation   (4) in relation to the balloon.

Penalty:   50 penalty units.

  (2)   The operator of a balloon commits an offence if:

  (a)   the operator permits a person to fly a balloon as pilot acting in command under supervision; and

  (b)   the person does not satisfy subregulation   (3) in relation to the balloon.

Penalty:   50 penalty units.

  (3)   A person satisfies this subregulation   if:

  (a)   the person holds:

  (i)   a commercial pilot (balloon) licence; or

  (ii)   a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence; and

  (b)   the person holds a balloon class endorsement that authorises him or her to fly the balloon as pilot in command; and

  (c)   if the person carries out an activity for which a balloon flight crew rating is required--the person holds a balloon flight crew rating that permits him or her to carry out that activity as pilot in command of the balloon.

  (4)   A person satisfies this subregulation   in relation to a balloon if:

  (a)   the person is the co - pilot of the balloon; and

  (b)   the operator of the balloon permits the person to fly the balloon as pilot acting in command under supervision; and

  (c)   the pilot in command of the balloon is appointed for the purpose by the operator of the balloon.

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