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flight test; and
(f) has completed a course of flying training in accordance with
regulation 5.146; and
(g) has the aeronautical experience set out in regulation 5.145.
(2) In spite of subregulation (1), a person is qualified to hold a
commercial pilot (balloon) licence if:
(a) the person:
(i) holds, or has held, an overseas pilot licence that is at least
equivalent to the commercial pilot (balloon) licence; and
(ii) satisfies the requirements of paragraphs (1) (a), (b), (c), (d),
(e) and (g); or
(b) the person:
(i) holds a current overseas pilot licence that is at least
equivalent to the commercial pilot (balloon) licence; and
Civil Aviation Regulations 1988 239
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(ii) satisfies the requirements of paragraphs (1) (a), (b), (c), (d)
and (g); and
(iii) is employed by, or is working under an arrangement with,
an operator to whom regulation 217 applies; and
(iv) has satisfactorily completed a balloon proficiency check
required by regulation 217.
(3) For the purposes of subparagraph (2) (b) (iv), a person is not taken to
have satisfactorily completed a balloon proficiency check unless the
operator who employs, or arranges the work of, the person gives
CASA written notice that the person has satisfactorily completed the
check.
(4) For the purposes of this regulation, a certificate, or licence, issued by
the competent authority of a country other than Australia is equivalent
to a private pilot certificate (balloons) if it authorises the holder of the
certificate, or licence, to fly balloons as pilot in command in private
operations.
(5) For the purposes of this regulation, an overseas pilot licence is
equivalent to a commercial pilot (balloon) licence if it authorises the
holder of the licence to fly balloons as pilot in command in aerial
work, or charter, operations.
(6) In this regulation:
competent authority, in relation to a country other than Australia,
means the body that has responsibility for the licensing of persons to
fly balloons in private operations in that country.
5.139 What does a commercial pilot (balloon) licence authorise a
person to do?
(1) A commercial pilot (balloon) licence authorises the holder of the
licence to fly a balloon that is engaged in aerial work, or charter,
operations:
(a) as pilot in command; or
(b) as co-pilot for the purposes of acting as pilot in command under
supervision.
(2) The authority given by subregulation (1) is subject to the limitations
set out in regulations 5.140, 5.141, 5.142, 5.143 and 5.144.
[Note The requirements for private balloon operations are set out in section 95.54
of the Civil Aviation Orders.]
5.140 What class of balloon may a commercial (balloon) pilot fly?
A commercial pilot (balloon) licence does not authorise the holder of
the licence to fly as pilot in command of a balloon that is engaged in
aerial work, or charter, operations unless the holder also holds an
aircraft endorsement for the class of balloon in which the balloon that
is to be flown is included.
240 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
5.141 What type of balloon may a commercial (balloon) pilot fly?
(1) A commercial (balloon) pilot must not fly as pilot in command of a
balloon that is engaged in aerial work, or charter, operations if he or
she has not undertaken at least 2 flights as pilot in command or as
pilot acting in command under supervision, of a balloon:
(a) that has a fuel system of the same design; and
(b) that has a deflation system of the same design; and
(c) that has an envelope of equal or greater capacity;
as the balloon that the pilot proposes to fly.
Penalty: 50 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) For the purposes of subregulation (1), each flight must include:
(a) at least 1 inflation of the balloon envelope; and
(b) at least 30 minutes of free flight time; and
(c) at least 1 deflation of the balloon envelope.
5.142 Commercial (balloon) pilot: rating required
(1) A commercial pilot (balloon) licence does not authorise the holder of
the licence, in the course of flying a balloon, to carry out any activity
for which a flight crew rating is required:
(a) as pilot in command, or co-pilot—unless the holder also holds a
flight crew rating, or grade of flight crew rating, that authorises
him or her to carry out the activity in that capacity in the balloon;
　
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