Proposed new rules for manned free balloons and hot air airships - Part 131 - (CD 1907OS)

Overview

The proposed new regulations in the Part 131 Civil Aviation Safety Regulation (CASR) apply to tethered gas balloons and balloons that are intended for free flight under the control of a pilot including:

• hot air balloons
• hot air airships
• gas balloons
• mixed gas/hot air balloons.

Part 131 aims to improve the focus of Australian balloon transport operators on the potential for human and organisational factors to cause accidents, and in so doing, enhance aviation safety for the travelling public.

The proposed new regulation establishes the structure of Part 131 and specifies:

• the certification and management of AOC holders conducting passenger carrying flights for hire and reward (currently charter operations and to be called balloon transport operations)
• the operational and flight rules unique to Part 131 aircraft
• the approval requirements for the new concept of specialised balloon operations (some of which currently require an aerial work AOC)
• the requirements for Part 131 recreational activities to be authorised by a Part 131 Approved Self-Administering Aviation Organisation (ASAO) and other miscellaneous measures.

It is proposed that Part 131 will commence on 25 March 2021, in line with the introduction of new rules for parachuting (Part 105), sport and recreational activities (Part 103) and the suite of flight operations regulations (CASR Parts 91, 119, 121, 133, 135 and 138).

What’s in the proposed new rule set?

Part 131 largely consolidates existing requirements contained in the Civil Aviation Regulations 1988 (CAR) and Civil Aviation Orders. It also works together with Part 91 of CASR to describe all the general operating and flight rules for manned free balloons and hot air airships.

Part 131 modifies the Part 91 rules where appropriate to create operational and flight rules unique to Part 131 aircraft.

Some new provisions will be introduced to be consistent with other CASR Parts, such as systems and key personnel required for small aircraft air transport operators. Part 131 will require balloon AOC holders to have an exposition detailing their operational procedures.  CASA is proposing to give operators more time to implement more complex requirements such as:

• a safety management system (SMS) tailored to the size and complexity of the operator and the accompanying requirement to have a Safety Manager, and
• a training and checking system (tailored to the size and complexity of the operator).

Other topics we are seeking feedback on include:

• flights over water
• the new concept of specialised balloon operations
• basic equipment requirements
• loading requirements
• pilot and operational safety-critical personnel qualification and training requirements for balloon transport operators.

These proposed Part 131 regulations do not include rules related to balloon pilot licensing, hot air balloon endorsements for size and design features, maintenance and continuing airworthiness of Part 131 aircraft or the training of balloon maintenance personnel. These topics will be addressed and consulted in the future. In the meantime, the relevant CAR 1988 rules on licensing matters and continuing airworthiness will continue to apply beyond 25 March 2021.

This consultation is structured to seek your comments on the specific requirements included in the Part 131 regulations – but not the content that could be introduced through the MOS. An opportunity for any general comments is included at the end.

Full details are included in the documents available under “Related section below.

Linkage to Part 149 – Self-Administering Aviation Organisations

Proposed Part 131 of CASR provides the complementary operational requirements for manned free balloons and hot air airships’ activities that will be administered by Approved Self-Administering Aviation Organisations (ASAOs) approved under Part 149 of CASR as Part 131 ASAOs.

CASA expects that individual members of these organisations will continue to follow their existing practice of complying with the relevant organisations’ manual suite.

Why your views matter

We are consulting to ensure that the proposed rules are clearly articulated and will work in practice and as they are intended. This consultation is seeking feedback on the proposed manned free balloon and hot air airship regulations.

Documents for review 

A copy of the Summary of proposed change on CD 1907OS and other documents related to this consultation are provided below in the ‘Related’ section. These documents include:

1. The summary of proposed change on CD 1907OS
2. Draft amendment Part 131 of CASR – Manned free balloons and hot air airships
3. Operations Definitions instrument
4. A downloadable MS Word copy of this consultation for ease of distribution and feedback within your organisation.

Note: The word document is not to be used as an emailed submission, unless there are extenuating circumstances and this form of submission has been agreed to by the consultation project lead.

The survey has been designed to give you the option to provide feedback on the survey in its entirety or to provide feedback on the policy topics of interest to you.

Your feedback will make a valuable contribution to our policy decision-making process and help to inform any future regulatory change.  Comments on CD 1907OS should be submitted through the online response form.

General comments and file upload option

There is a general comments box at the end of the consultation, into which you can place your comments on matters related to the regulatory amendment, which have not already been addressed in the consultation.

Note: CASA can no longer offer the option to upload files because of the potential risk of malware.

Using and iPad

If you are using an iPad to complete the survey you will be asked to 'download the relevant PDF'. Depending on the software you have on your iPad you may need to download the free viewer to review the single document PDF files. Where a file is a 'multi-file or portfolio PDF you will need to source the Adobe free view - available from iTunes.

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 your submission remain confidential. We will also publish a Summary of Consultation which summarises the feedback received and outlines any intended changes and details our plans for the regulation/standard.

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 .