Proposed amendments for CASA to administer recreational balloon activities (CD 2409OS)

This consultation set out proposed changes to the legal mechanisms that facilitate CASA's continued administration and oversight of Part 131 recreational activities, initial pilot training and the granting of recreational balloon pilot authorisations, ratings and endorsements. The legal mechanisms are Civil Aviation Order (CAO) 95.54 and the CASA Recreational Ballooning Procedures Manual (CRBPM).

These changes were proposed to apply from 12 November 2024, to align with the commencement of the Part 131 Manual of Standards.

About this consultation
This consultation opened on 24 September 2024 and closed on 8 October 2024. It asked if the proposed CAO 95.54 and the CRBPM would be suitable for the continued operation of recreational ballooning under Part 131 and the Part 131 Manual of Standards.

The consultation has now closed, and a summary of the feedback is provided below.

There were five (5) responses in total. One person did not complete the survey.

Three respondents identified as recreational balloon pilots, 2 as commercial balloon pilots, 1 as a balloon owner/operator and 2 as 'other' (respondents could nominate more than one category). All the respondents offered their personal views. Of the respondents who made a written submission, 4 consented to having them made public and 1 requested their submission be confidential.

Summary of feedback
There were no objections to the proposed amendments to CAO 95.54 that would empower CASA to continue to administer recreational balloon activities.

One respondent queried whether they were required to make an application to CASA for endorsements that were previously issued by the ABF. The definition of relevant endorsement in CAO 95.54 includes endorsements that were issued by the ABF prior to 2 December 2023. There is no need to apply for the endorsement again from CASA.

For the gas balloon endorsement, one respondent said there was no mention of which lifting gases are allowed to be used. The regulations do not define lighter-than-air gas. The Aircraft Flight Manual will specify the permissible lifting gas.

Another respondent observed that there was no endorsement for flying in Class C or D airspace. Flying in Class C or D airspace for Part 131 aircraft will be considered by CASA in 2025, in parallel with the development of enduring controlled airspace and controlled aerodrome access requirements for sport and recreation aircraft via the Part 103 Manual of Standards development process. Any requirements relating to such access for CAO 95.54 relevant permit holders would, if created, be placed in CAO 95.54 or elsewhere within the legal instruments relating to Part 131. An interim policy relating to access for Recreational Aviation Australia (RAAus) pilots was the subject of a consultation (PP 2412OS - Access to controlled airspace and aerodromes for sport and recreational pilots).

One respondent asked if the parachute guidance material could be distributed for review before it is published. Whilst the guidance material was not included as part of this consultation, CASA will share this guidance with the Australian Ballooning Federation for feedback before publication.

There was one question on how the 200 hours pilot in command (PIC) requirement was determined for the balloon over 120 000 cu ft. endorsement. This requirement aligns with the equivalent endorsement in the UK/EASA regulations. While a CP(B)L holder can fly a Class 1 balloon with 75 hours PIC in Australia, they do this under the supervision of an AOC holder/HOFO. A pilot who wishes to gain experience in flying a larger balloon but does not have the prerequisite 200 hours has the option to qualify for their CP(B)L and then fly privately in a Class 1 balloon.

There was a question regarding how many Private Pilot Instructors Grade 1 would qualify for the carry and release a hang glider endorsement via transitional arrangements, so they can then assess another pilot for the endorsement. CASA is aware of 3 pilots who could take advantage of the transitional arrangement. Another response suggested the rule should include the carriage of other piloted aircraft, however regulation 131.585 of CASR only refers to procedures for the carrying of hang gliders.

While not a question in this consultation, one person gave feedback that consideration should be given to cross notifying other aviation self-administration authorities (such as SAFA or RAAus) if there is a suspension of piloting privileges. Subpart 149.G of CASR already caters for this.

CASA has taken the opportunity to review and update Chapter 6 of the CRBPM on accident and incident reporting to bring it up to date with AIP ENR 1.14.

CASA has removed the requirement for entries to be made in personal pilot logbooks after a successful Recreational Balloon Flight Review (RBFR) and flight instructor proficiency check. The completion of the Flight Review and Proficiency Check table on the pilot's Ballooning Permit is now sufficient.

Additional procedures have been inserted for inflation fan operation procedures (which refer to AC 131-02). We have also added the requirement to have pilot lights off before landing.

As there were no objections to the proposed amendments to CAO 95.54 CASA will proceed to make the instrument and it will come into effect on 12 November 2024.