Document ID: chunk:federal_register_of_legislation:F2005B00952:body:0:p1
Version: federal_register_of_legislation:F2005B00952
Segment Type: other
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Character Range: 0–2970

Civil Aviation Amendment Order
(No. R93) 2004

I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under regulation 31.001 of the Civil Aviation Safety Regulations 1998.

[Signed Bruce Byron]

Bruce Byron
Director of Aviation Safety and
   Chief Executive Officer

12 December 2004

__________________

1 Name of Order
  This Order is the Civil Aviation Amendment Order (No. R93) 2004.
2 Commencement
  This Order commences on gazettal.
3 Replacement of section 101.54 of the Civil Aviation Orders
  Section 101.54 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1 Substitution of section 101.54 of the Civil Aviation Orders

SECTION 101.54

AIRWORTHINESS CERTIFICATION REQUIREMENTS — MANNED FREE BALLOONS
1 APPLICATION
1.1 This section specifies airworthiness certification requirements for the purposes of regulation 31.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
3 DESIGN STANDARDS
3.1 Special conditions:
If CASA finds that the design standards specified in this subsection do not provide adequate or appropriate safeguards against particular features or characteristics of a balloon, CASA may issue such special conditions which add to or vary the design standards for that aircraft as it finds necessary to restore a level of safety equivalent to that otherwise established in the design standards.
3.2 Basic requirements and equivalent safety:
 (a) the design standards which follow shall be complied with, as applicable, unless CASA has determined on the basis of evidence submitted that any item not complied with is compensated for by factors which provide an equivalent level of safety;
 (b) imported balloons:
 (i) FAR Part 31 or the BCAR Part 31 for manned free balloons against which compliance was required for original type certification by the competent authority in the State of manufacture; and
 (ii) those requirements specified in paragraphs 3.3 and subsequent of this section;
            Note: An intending purchaser of an imported balloon for which original type certification was to standards other than the FAR or the BCAR should consult CASA as to the acceptability of those other standards.
 (c) balloons of Australian manufacture:
 (i) FAR Part 31 or the BCAR Part 31 effective at the date of application for the type certificate; and
 (ii) those requirements specified in paragraph 3.3 and subsequent of this subsection.
             Note 1: Airworthiness Directives must be complied with before a certificate of airworthiness will be issued for an individual balloon.
             Note 2: The requirement of FAR 31, paragraph 31.47 (d) and the requirements of BCAR Part 31, paragraphs 31.47 (d) to (g) inclusive are not applicable to balloons of Australian manufacture. In lieu of those requirements, the requirement of paragraph 3.3 of this subsection is to be complied with.
             Note