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Civil Aviation Order 100.96 Instrument 2015

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I, Mark alan skidmore, Director of Aviation Safety, on behalf of CASA, make this instrument under subsection 98 (4A) of the Civil Aviation Act 1988 and subregulations 5 (1) and 235 (1) of the Civil Aviation Regulations 1988.
[Signed M. Skidmore]
Mark Skidmore AM
Director of Aviation Safety
6 July 2015
Civil Aviation Order 100.96 Instrument 2015
1A       Name of instrument
    1A.1     This instrument is the Civil Aviation Order 100.96 Instrument 2015.
    1A.2     This instrument may be cited as Civil Aviation Order 100.96.
    1A.3     A reference in an instrument to section 100.96 of the Civil Aviation Orders is a reference to this instrument.
1B       Commencement
                 This instrument commences on the day of registration.
1C       Repeal
                 Civil Aviation Order 100.96 Instrument 2007, also known as F2007L04936, including section 100.96 of the Civil Aviation Orders as set out in Schedule 1 of that instrument, is repealed.
1          Definitions
     1.1     Terms and abbreviations used in this Order have the following meanings:
balloon, for calculating empty weight, comprises only the following:
(a)   an envelope;
(b)   a basket;
(c)   a burner (if any).
balloon component means the envelope, basket or burner mentioned in the definition of balloon.
basket includes the equipment and instruments required under civil aviation legislation to be carried for the airworthiness of the balloon and the safe performance of an operation.
CAR 1988 means the Civil Aviation Regulations 1988.
CASR 1998 means the Civil Aviation Safety Regulations 1998.
empty weight of a balloon for an operation means the weight of the balloon used in the operation, as determined in accordance with this Order.
MA holder means a maintenance authority holder and is a person holding a maintenance authority issued under paragraph 33B (1) (a) of CAR 1988 with privileges that include the weight control of balloons.
operating weight of a balloon for an operation means:
(a)   the empty weight of the balloon; and
(b)   the weight of everything else, including people (additional weight), that is:
             (i)  in, on, or attached to, the balloon; and
            (ii)  not included in the empty weight of the balloon.
Note   Additional weight is taken to include the weight of the flight crew and the passengers, their luggage and personal effects, the fuel tanks and the fuel, and the ballast, as well as any equipment or instruments not included in the empty weight.
weighing summary means the document used to calculate the operating weight of a balloon for an operation and that lists the empty weight of the balloon, including the weight of each balloon component.
weight control of a balloon means:
(a)   the determination of the empty weight of the balloon, including the weight of each balloon component; and
(b)   the recording of weight alterations.
WCO means a weight control officer and is a person holding an airworthiness authority issued under paragraph 33B (1) (e) of CAR 1988 that applies for balloon weighing.
       1.2     For this Order, a person is taken to be an MA holder with privileges that include the weight control of balloons if the person:
(a)   holds a balloon maintenance authority under paragraph 33B (1) (a) of CAR 1988; and
(b)   has a certificate from a WCO that the person has satisfactorily completed at least 1 weighing of a balloon under the supervision of the WCO.
2          Initial weighing
       2.1     The initial weighing and subsequent weighing of a balloon for the purpose of determining the empty weight for an operation must:
(a)   be in accordance with subsection 3 of this Order; and
(b)   in the case of initial weighing, take place before any certificate of airworthiness or experimental certificate has been issued for the balloon.
       2.2     CASA may require a balloon that has been weighed to be reweighed if there is a reasonable doubt about the accuracy of the weight data submitted for the balloon.
3          Weighing procedures
       3.1     The operator and the pilot in command of a balloon must not allow the balloon to take off unless the weighing procedures mentioned in this subsection have been completed for each balloon component.
       3.2     The weighing summary for a balloon must list each of the specific balloon components included in the empty weight and state the weight of each component.
       3.3     The empty weight of the balloon, including the weight of each balloon component:
(a)   is to be certified as correct and entered in the weighing summary by the MA holder, WCO, or person referred to in paragraph 3.4; and
(b)   may only be so certified and entered:
             (i)  following at least 2 consecutive and consistent weighings; and
            (ii)  if the MA holder, WCO, or person referred to in paragraph 3.4 is satisfied with the accuracy of the weighing.
       3.4     A person may carry out the weighing of balloons that are to be certified under regulations 21.190 and 21.195A of CASR 1998 for a purpose mentioned in paragraphs 21.191 (g), (h) or (j) of CASR 1998 if the person:
(a)   has completed a balloon weighing procedures course approved by CASA within the last 2 years; and
(b)   weighs the balloon on scales that are approved by CASA, or an organisation that has been approved by CASA, for the purpose of this subparagraph; and
(c)   complies with any other condition that CASA deems necessary.
       3.5     Balloons must be weighed on scales that:
(a)   have an accuracy over the temperature range for which the scales are designed of:
             (i)  ±0.2% of the applied load; or
            (ii)  ±2 kg;
        whichever is the greater; and
(b)   are of a type suitable for the purpose.
       3.6     Each scale must have been calibrated:
(a)   in accordance with the procedures required or recommended by the manufacturer; or
(b)   in accordance with the procedures required or recommended either by a laboratory that has been accredited with the National Association of Testing Authorities (Australia) or a similar national accreditation body that is a member of the International Laboratory Accreditation Cooperation;
                 whichever is shorter, within a maximum 5 year period.
4          Record of empty weight alterations
       4.1     A complete, continuous and current record of changes in the empty weight of a balloon, including a balloon component, must be maintained and recorded in the balloon logbook or other approved alternative to the logbook.
       4.2     The balloon must be reweighed if:
(a)   the empty weight alters by more than 5 kg as a result of repairs to, or maintenance on, the balloon, including a balloon component; and
(b)   the repairs, or maintenance, are of such a nature that the subsequent empty weight of the balloon cannot be accurately substantiated by calculation.
       4.3     A new weighing summary and record of empty weight alteration must be prepared after each weighing.
5          Current empty weight
                 When determining the empty weight or operating weight of a balloon in a particular configuration, the operator and the pilot in command must use the current weighing summary that includes each balloon component for that configuration.