Document ID: chunk:federal_register_of_legislation:F2024L01408:reg:6:p3
Version: federal_register_of_legislation:F2024L01408
Segment Type: reg
Provision Reference: reg 6 (pt 3/7)
Character Range: 11204–13984

(1) For a relevant aircraft, a person is exempted from compliance with a requirement of subparagraph 42ZC(4)(db)(i) of CAR.
       (2) Paragraph (1) does not affect subparagraphs of 42ZC(4)(db)(ii) and (iii) of CAR.
       (3) The exemption under paragraph (1) is subject to the condition that the person who may carry out maintenance in Australian territory on a balloon that is both a relevant aircraft and a class B aircraft must be the holder of one of the following that is valid for the aircraft:
(a) a commercial pilot (balloon) licence;
(b) a relevant permit to operate, other than a student pilot (balloon) permit.
Note 1   The requirements of subparagraphs 42ZC(4)(db)(ii) and (iii) of CAR must also be complied with, namely:
(a) the maintenance is specified in Part 2 of Schedule 8 of CAR; and
(b) the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph.
The maintenance is colloquially referred to as pilot maintenance.
Note 2   Under regulation 2 of CAR, a class B aircraft is one that is not a class A aircraft. The class A aircraft definition excludes balloons. The effect of this subsection is that a private pilot (balloon) permit without a relevant endorsement is limited to a Part 131 aircraft with an envelope size of no greater than 120 000 cubic feet. Consequently, for such a pilot, pilot maintenance under this subsection is limited to a Part 131 aircraft with an envelope size of no greater than 120 000 cubic feet. However, if the pilot has an endorsement for a Part 131 aircraft with an envelope size of greater than 120 000 cubic feet, then the pilot may carry out pilot maintenance on that larger aircraft.

10 Exemptions — Part 131 pilot authorisation
       (1) The pilot in command of a relevant aircraft in a Part 131 recreational activity is exempted from compliance with the requirement in a relevant provision to hold a Part 131 pilot authorisation mentioned in paragraph (c) of the definition of Part 131 pilot authorisation.
Note   Paragraph (c) of the definition of a Part 131 pilot authorisation in the CASR Dictionary refers to an authorisation from a Part 131 ASAO that authorises the holder to operate a Part 131 aircraft. That element of the definition is currently inoperative because the relevant ASAO has withdrawn and no other ASAO has assumed the role.
       (2) Each exemption under this subsection is subject to the applicable conditions under subsections 11 and 12.
       (3) For paragraph (1), each of the following provisions of CASR is a relevant provision:
(a) subparagraph 91.155(1)(b)(iv) (manipulate flight controls);
(b) subparagraph 91.155(2)(b)(iv) (manipulate flight controls);
(c) subparagraph 91.625(1)(b)(iv) — to