Document ID: chunk:federal_register_of_legislation:F2024C01118:reg:6:p8
Version: federal_register_of_legislation:F2024C01118
Segment Type: reg
Provision Reference: reg 6 (pt 8/13)
Character Range: 103864–106864

less than the fuel required under subsection 21.04 (3), then the pilot in command must make a precautionary landing at a suitable landing area that enables the pilot in command to continue to meet the requirements in section 21.04.

21.07 Operational variations — procedures and requirements
       (1) Despite section 21.04, a balloon transport operator may use an operational variation, specified in the operator's exposition for the purpose of this section, that relates to the calculation of any of the following, if the requirements in subsections (2) and (4) are met:
(a) trip fuel;
(b) night operations fuel.
       (2) At least 28 days before using an operational variation, a balloon transport operator must submit to CASA:
(a) evidence of at least 1 of the following that demonstrates how the operational variation will maintain or improve aviation safety:
           (i) documented in-service experience;
           (ii) the results of a specific safety risk assessment conducted by the relevant operator that meets the requirements of subsection (3); and
(b) a copy of the relevant operator's procedures proposed for inclusion in the exposition, in relation to using the operational variation.
       Note   Under regulation 131.115 of CASR (as applicable), CASA may direct a balloon transport operator to remove or revise an operational variation if CASA were to find there was insufficient evidence that it would maintain or improve aviation safety.
       (3) For subparagraph (2) (a) (ii), a specific safety risk assessment must include at least the following:
(a) flight fuel calculations;
(b) the capabilities of the relevant operator, including:
           (i) a data-driven method that includes a fuel consumption monitoring program; and
           (ii) the use of sophisticated techniques for determining the suitability of alternate landing areas; and
           (iii) specific risk mitigating measures; and
           (iv) the quality and reliability of meteorological information.
       (4) For the purposes of subsection (1), the balloon transport operator's exposition must include procedures in relation to the use of the operational variation.

CHAPTER 22 CARRIAGE OF PERSONS REQUIRING ASSISTANCE

22.01 Purpose
        For paragraph 131.405 (1) (b), this Chapter prescribes requirements relating to carriage on a flight of a Part 131 aircraft of a person who is likely to require assistance.

22.02 Requirements – persons requiring assistance – any Part 131 aircraft
       (1) A Part 131 aircraft must not carry on a flight a person who requires assistance due to sickness, injury or disability (the passenger) unless the requirements of this section are complied with.
       (2) The pilot in command must be satisfied that the passenger can be safely accommodated on the flight without causing a hazard to any other passenger or person on the aircraft.
       (3) The passenger must be positioned in the basket or gondola of the aircraft so as to not impede the exit