Document ID: chunk:federal_register_of_legislation:F2024C00887:reg:3:p2
Version: federal_register_of_legislation:F2024C00887
Segment Type: reg
Provision Reference: reg 3 (pt 2/20)
Character Range: 173688–176567

this Part, a person flies a balloon as pilot acting in command under supervision if, during flight time in the balloon, the person performs the activities and functions of the pilot in command while under the supervision of the pilot in command approved for the purpose by the operator of the balloon.

5.02  What Part 5 is about
  This Part:
 (a) sets out the requirements that apply to:
 (i) commercial pilot (balloon) licences; and
 (ii) flight radiotelephone operator licences for balloon pilots; and
 (b) empowers CASA to make Civil Aviation Orders about the requirements that apply to balloon flight crew ratings and balloon class endorsements.

5.03  Authorisation—performing activities essential to operation of Australian balloons without commercial pilot (balloon) licence
  A person is authorised to perform an activity essential to the operation of an Australian balloon during flight time without holding a commercial pilot (balloon) licence or CAR certificate of validation if:
 (a) the person:
 (i) is accompanied by an authorised balloon flight instructor; and
 (ii) is receiving balloon flying training; or
 (b) the person is attempting a flight test for a commercial pilot (balloon) licence.

Division 5.2—Balloon flight crew licensing—medical certificates

5.04  Medical certificate—balloon flight crew licence
 (1) The holder of a balloon flight crew licence commits an offence if:
 (a) the holder performs an activity authorised by the licence; and
 (b) the holder does not meet the requirement mentioned in subregulation (2).
Penalty: 50 penalty units.
 (2) For paragraph (1)(b), the requirement is that the holder must:
 (a) hold a current class 1 or 2 medical certificate; or
 (b) have the permission of CASA to perform the activity without holding a current medical certificate.
 (3) CASA may, on the written or oral application of the holder of a balloon flight crew licence, authorise the holder to perform an activity essential to the operation of an Australian balloon during flight time without holding a current class 1 or 2 medical certificate if:
 (a) in all the circumstances it is reasonable to allow the holder to perform the duty without holding the certificate; and
 (b) the performance of the activity by the holder without holding the certificate will not adversely affect the safety of air navigation.
Note: Class 1 and 2 medical certificates are issued under Part 67 of CASR. The medical standards for obtaining each class of medical certificate are set out in that Part.
 (4) An offence against this regulation is an offence of strict liability.

5.05  Medical certificate—CAR certificate of validation
 (1) The holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if:
 (a) the holder is required to hold an overseas medical certificate for the authorisation to exercise the authority given