Amendments to CAOs 40.7 and 82.7 to align with regulation 5.01 of CAR 1988 (CD 1901OS)

Results updated 2 Jul 2019

We have published the summary of consultation for the proposed amendments to CAO 40.7 Aircraft endorsements (balloons) and flight instructor (balloons) and CAO 82.7 Air Operators' Certificates authorising aerial work operations and charter operations in balloons.

Most respondents agreed with all the proposals without comment. Some respondents made suggestions that CASA agreed with and were worth considering for the amendments to CAO 40.7.

CASA will now implement the CAO amendments outlined in this document.

Files:

Summary of consultation - Amendments to CAOs 40.7 and 82.7, 137.6 KB (PDF document)

Published responses

View submitted responses where consent has been given to publish the response.

Overview

Currently, elements of CAO 40.7 Aircraft Endorsements (balloons) and flight instructor (balloons) ratings and CAO 82.7 Air Operators’ Certificates authorising aerial work operations and charter operations in balloons, are not consistent with the definition of hot air balloon size classes in regulation 5.01 of the Civil Aviation Regulations 1988 (CAR). This has caused some confusion within the balloon industry in relation to:

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.

CASA is proposing to correct the discrepancies by amending the experience and training requirements for the size classes in CAO 40.7 and the experience requirements for a Chief Pilot in CAO 82.7.

The proposed amendments will:

ensure relevant requirements are clearly articulated and consistent between the regulations and CAOs
provide a simple and flexible method for assessing a pilot’s competency to fly larger balloon sizes during AOC operations
allow authorised pilots to fly as pilot-in-command under supervision (PICUS) in AOC operations
include practical proficiency checks and documentation requirements
clearly outline Chief Pilot experience requirements for AOC holders.

Previous consultations

In 2012, CASA sought comment on proposed amendments to CAOs 40.7 and 95.53 Exemption from the provisions of the Civil Aviation Regulations 1988 – manned balloons and hot air airships – aerial work and charter operations. In 2014 comment was again sought on the proposed amendments to CAO 40.7 and CASA exemption EX35/14 Exemption manned balloons.

Responses to the proposed exemptions indicated a significant lack of support for any regulatory intervention. In response to the feedback CASA decided not to take any immediate action.

Amendments to CAO 82.7 have not been previously proposed.

Why your views matter

CASA recognises the valuable contribution community and industry consultations make to the regulatory development process. Please take this opportunity to give your views on these proposed amendments.

On this page under the heading, "Related Documents” you will find the Summary of proposed change on CD 1901OS and the draft CAOs containing the proposed amendments. You will also find a downloadable Word copy and PDF of this consultation for ease of distribution and feedback within your organisation.

Documents for review:

Summary of proposed change on CD 1901OS
Consultation Draft - Civil Aviation Order 40.7 Amendment Instrument 2019 (No. 1)
Consultation Draft - Civil Aviation Order 82.7 Amendment Instrument 2019 (No. 1)

Please read the Summary of proposed change on Amendments to CAOs 40.7 and 82.7, before providing your feedback via the online survey.

Closing date for comment

CASA will consider all comments received on the proposed amendments. Comments on the draft Amendments to CAOs 40.7 and 82.7 to align with CAR Part 5 and 5.01 of CAR - CD 1901OS, should be submitted through the online response form by close of business 15 March 2019.

What happens next

Once the consultation has closed, we will register and review each submission received through the online response form. We will make all submissions publicly available on the Consultation Hub, unless you request that your submission remain confidential. We will also publish a summary of consultation which summarises the feedback received.

Information about how we consult and how to make a confidential submission is available on the CASA website .

To be notified of any future consultations, you can subscribe to our consultation and rulemaking mailing list .

What happens next