Document ID: chunk:federal_register_of_legislation:F2024C01118:reg:6:p4
Version: federal_register_of_legislation:F2024C01118
Segment Type: reg
Provision Reference: reg 6 (pt 4/13)
Character Range: 93874–96583

the aircraft at night; and
           (ii) ensure that the aircraft does not land at night other than in an emergency or as a precautionary manoeuvre.
       (5) In this section:
precautionary manoeuvre means to land at night when to proceed with the flight and land later would be likely to increase the risk of injury or damage to any persons or property.
    Note   For example, a precautionary manoeuvre would be to land at night if continuing the flight would be likely to carry the balloon out over the sea, or over inhospitable terrain, or over heavily built-up areas, where a landing would have consequential risks to any persons or property, including the persons on board the Part 131 aircraft, and the aircraft itself.

CHAPTER 20 OPERATION OF TETHERED PART 131 AIRCRAFT OTHER THAN A SUBPART 131.Z TETHERED GAS BALLOON

20.01 Purpose
       (1) Subject to subsection (2), for subregulation 131.375 (1), this Chapter prescribes requirements relating to the flight of a Part 131 aircraft that is tethered to the ground for the flight (tethered flight).
       (2) This Chapter does not apply to a flight of the following:
(a) a Subpart 131.Z tethered gas balloon;
(b) a Part 131 aircraft that is tethered to the ground for the flight by a launch restraint.
       (3) In this Chapter:
launch restraint means the temporary restraint of a free balloon for the purpose of initiating a free flight.

20.02 Requirements for tethered flight
       (1) The pilot in command must not operate a Part 131 aircraft in tethered flight in such a manner that the crown of the aircraft exceeds 400 ft AGL unless the operator holds an approval under regulation 131.035 for this subsection.
       (2) The pilot in command must not operate a Part 131 aircraft in tethered flight:
(a) on the movement area or the runway of a controlled aerodrome; or
(b) anywhere within the control zone of such an aerodrome;
        unless the operator has the approval (however described) of ATC.
Note   ATC approval may take the form of, for example, a direct authorisation from the ATC tower, or an enduring permission from Airservices Australia as the ATS provider for the aerodrome. If the ATC tower closes and no air traffic control service is provided for the aerodrome (as distinct from an approach control service or area control service for certain airspace above and in the vicinity of the aerodrome) then the aerodrome is no longer a controlled aerodrome and subsection (3) would apply in such circumstances.
       (3) The pilot in command must not operate a Part 131 aircraft in tethered flight:
(a) on the movement area or the runway of a relevant aerodrome; or
(b) within 2 NM of such an aerodrome;
        unless the