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Decree Of 6 March 2013 Relative To The Terms Of Use Of The Free Hot Air Balloons Operated By A Public Air Transport Enterprise

Original Language Title: Arrêté du 6 mars 2013 relatif aux conditions d'utilisation des ballons libres à air chaud exploités par une entreprise de transport aérien public

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JORF n°0142 of 21 June 2013 page 10335
text No. 31



Decree of 6 March 2013 on the conditions of use of free hot air balloons operated by a public air transport company

NOR: DEVA1305153A ELI: https://www.legifrance.gouv.fr/eli/arrete/2013/3/6/DEVA1305153A/jo/texte


Publics concerned: air transport companies using free hot air balloons.
Subject: conditions for the use of free hot air balloons operated by a public air transport company.
Entry into force:
―for any new applicant, the text is directly applicable on the day after publication;
―for holders of a CTA, or for any applicants whose file was filed with the DSAC prior to the publication of this order to the JORF, the text is applicable three months after publication.
Notice: This Order repeals and supersedes the decision of 4 January 2011 on the conditions of use of free balloons operated by an air carrier. It helps to resolve the technical and administrative difficulties raised by the former Order and to better meet the expectations of operators while maintaining an acceptable level of security.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
Considering the Convention on International Civil Aviation of 7 December 1944, published by the Decree No. 47-974 of 31 May 1947, together with the protocols that amended it, including the Protocol of 30 September 1977 concerning the authentic quadrilingual text of the said Convention, published by the Decree No. 2007-1027 of 15 June 2007 ;
Considering the transport code, including articles L. 6221-1, L. 6221-4 and L. 6412-2;
Based on the Civil Aviation Code, including R. 133-1-1, R. 133-3, R. 133-5 R. 330-1, R. 330-1-1 and R. 330-1-2,
Stop it!

Article 1 Learn more about this article...


This Order prescribes the technical conditions applicable to companies carrying out public air transportation activities by hot air balloon, referred to below as operators, and for which an air carrier certificate is required in accordance with the provisions of Article R. 330-1-1 of the Civil Aviation Code.

Article 2 Learn more about this article...


The conditions for the use of free hot air balloons under section 1 are contained in the Appendix to this Order.
The Minister for Civil Aviation may, on an exceptional basis, grant exemptions to this Order when the applicant justifies, by special technical conditions, an equivalent level of security.

Article 3 Learn more about this article...


The Minister for Civil Aviation may carry out the audits and monitoring that he considers necessary for the purposes of this order by organizations or services outside of civil aviation, in accordance with the provisions of section R. 133-5 of the Civil Aviation Code.

Article 4 Learn more about this article...


This Order applies:
- three months after the issuance of this Order in the Official Journal of the French Republic for operators with an air carrier certificate and for applicants to an air carrier certificate who filed a record with the Minister for Civil Aviation before the date of publication of this Order;
― upon publication of this Order in the Official Journal of the French Republic for persons seeking the issuance of a new air carrier certificate.

Article 5 Learn more about this article...


The decision of 4 January 2011 on conditions of use of free balloons operated by an air carrier is repealed three months after publication of this Order in the Official Journal of the French Republic.

Article 6 Learn more about this article...


The Director of Civil Aviation Security is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E
    Chapter I
    Definitions


    For the purposes of this Order, the following terms are used with the following:
    Acceptable: what the authority does not consider to be inappropriate for the intended purposes.
    Adult: person aged 12 or older.
    Aircraft: device capable of rising or circulating in the air. Aircraft are divided between aerodynes and aerostats.
    Ascension: a set of operations including the flight, flight and landing of the balloon.
    Authority: all organizations and services of the administration that may conduct the necessary audits and monitoring for the purposes of this Order.
    Free balloon: aircraft whose flight sustentation is mainly due to its air flotability, not driven by an engine organ, capable of freely flowing in the air.
    Baby: person under 2 years of age.
    Class: distinction between balloons based on the volume of the envelope (volume less than or equal to 3,400 m3, volume greater than 3,400 m3 and less than or equal to 6,000 m3, volume greater than 6,000 m3 and less than or equal to 10,500 m3 and volume greater than 10,500 m3).
    Manoeuvre rope: rope to maneuver the ball from the ground to move it to a more suitable land for landing.
    CTA: Air Carrier Certificate.
    Child: person 2 years of age or older but under 12 years of age.
    Equipment: any device physically contained in a single unit and any device composed of two or more units or components physically separated but connected between them.
    State of registration: State on whose register the aircraft is registered.
    Safety harness: a safety harness is formed:
    – a safety belt to which one, two or three straps are attached;
    – a strap fastening.
    Crew member: person on board for the aircraft in flight.
    Flight Crew Member: Crew member responsible for essential functions to the aircraft's conduct during the flight time.
    Persons with reduced mobility: in accordance with Regulation (EC) No. 1107/2006 of the European Parliament and the Council of 5 July 2006 concerning the rights of persons with disabilities and persons with reduced mobility when travelling on air; any person whose mobility is reduced, when using a means of transport, because of any physical disability (sensorial or motor, permanent or temporary) or any intellectual disability or disability, or any other cause of disability, or age, and whose situation requires appropriate attention and adaptation to its particular needs of the service made available to all passengers.
    Technical personnel on the ground: operator personnel on board in the following vehicle or involved in the inflating, balloon deflating or assistance in boarding and disembarking passengers.
    Flight time: total time deducted from the time the aircraft begins to move by its own means until the aircraft is immobilized at the end of the flight.
    Aeronautical titles: set of patents, licences and qualifications conferring privileges on flight crew members.


    Chapter II
    Equipment
    2.1. General


    2.1.1. Any equipment required by this annex, including under paragraph 2.6.3., shall be approved unless otherwise specified in paragraph 2.1.3.
    2.1.2. Any equipment required for the assignment of the balloon's airworthiness document or this annex is in operation.
    2.1.3. The following equipment is not required to be approved:
    (1) The tooling referred to in paragraph 2.5;
    (2) The altimeter, the watch and the means to visualize the drift referred to in paragraph 2.6.1.;
    (3) The standalone lamp and the instrument lighting device referred to in paragraph 2.6.2.;
    (4) The light system referred to in paragraph 2.6.2.;
    (5) The fire cover referred to in paragraph 2.7.;
    (6) The means of ignition referred to in paragraph 2.7;
    (7) The manoeuvring rope referred to in paragraph 2.7;
    (8) Protection gloves referred to in paragraph 2.7.;
    (9) The first aid kit referred to in paragraph 2.7;
    (10) Survival and signalling equipment referred to in paragraph 2.9, with the exception of the distress beacon;
    (11) The oxygen equipment referred to in paragraph 2.10.1.


    2.2. The nacelle


    2.2.1. General.
    Each passenger rests directly on the bottom of the nacelle and has a handle, or an equivalent grip, inside the nacelle to ensure its safe landing.
    In the event that the operator wishes to accommodate passengers with reduced mobility, it provides the necessary accommodations and procedures to take and disembark these passengers, especially in the event of an emergency evacuation.
    2.2.2. Compartment.
    In addition to 6 people, including crew, ballroom nacelles are equipped with compartments.
    The compartments are provided in such a way that at the time of landing, when the nocturnal layers on the large side, the passengers of the upper compartment may not fall on the passengers of the lower compartment. Each compartment also has protections on the inner side, landing side. The ball also has a specific compartment for the pilot, tanks and balloon control controls.


    2.3. Burner


    Each ball is equipped with at least one double burner with a daylighter whose ignition system is piezoelectric.


    2.4. Rotation valves


    At least one rotating valve, or equivalent system, is mandatory beyond 6 people, including crew, or if the nacelle has a particular side to the landing, especially when a passenger door with reduced mobility is present, in order to be able to present this side of the landing geared nacelle.


    2.5. Provisions relating to development rules
    Security Council


    For any ball, a tool consisting of keys or clamps corresponding to the piping is loaded for possible use in the flight as well as a way to connect a rope or a tie.


    2.6. Minimum flight equipment, navigation,
    communication and monitoring


    2.6.1. Minimum equipment required in day VFR flight:
    ― a sensitive and adjustable barometric altimeter, with a pressure scale of hectopascals (hPa);
    • a watch indicating at least hours and minutes;
    – a way to visualize the direction of drift.
    2.6.2. Minimum equipment required for night VFR flight:
    – all equipment required for day VFR flight;
    - an autonomous electric lamp;
    – a stand-alone device for lighting the instruments, equipment, maps and documents required for the flight;
    - a position light system whose characteristics are specified by instruction of the Minister for Civil Aviation.
    2.6.3. Complementary equipment may be required in accordance with the regulations in force and on certain routes or within certain areas that are known to users through aeronautical information.


    2.7. Security equipment


    On board the ball, the following equipment is required:
    – a manoeuvring rope with a minimum length of 25 metres;
    – a pair of protective gloves for the pilot;
    - a first aid kit whose composition is specified in Appendix 2; if the passenger port capacity is greater than 11, the recovery vehicle carries a second first aid kit;
    - for compartmented nacelles, in accordance with the requirements of paragraph 2.2.2., a device now the crew members on board the nacelle: belt or safety harness and associated attachment;
    a hand extinguisher in the cockpit;
    - a fire cover;
    two independent means of ignition;
    - a fuel pressure indicator for any burner power supply.


    2.8. Overflow of water


    When operations provide for the overflight of the water and the captain considers that a landing can be considered, it is carried out for each occupant a lifejacket or an equivalent individual device for each baby. This is arranged in such a way that it can be easily accessible.


    2.9. Overflight of difficultly accessible areas
    for search and rescue operations


    When operations provide for the overflight of an area previously designated by the operator as difficult to reach for search and rescue operations, a manual, ELT[S] or PLB emergency location device, floatable and watertight, easily and quickly accessible, and appropriate survival and rescue equipment defined by the operator in the operating manual are carried on board.


    2.10. High-altitude flight


    2.10.1. Oxygen equipment.
    2.10.1.1. Driving crew.
    For any flight at a pressure level equal to or greater than 10,000 ft, each flight crew member has an inhaler system and a sufficient amount of oxygen to supply it:
    - for any flight period greater than thirty minutes between pressure altitudes 10,000 ft and 13,000 ft included;
    ― during the duration of the flight over altitude pressure 13,000 ft.
    2.10.1.2. Occupies other than the flight crew.
    For any flight at a pressure altitude greater than 13,000 ft, the amount of oxygen is sufficient to supply all occupants other than the flight crew for the duration of the flight over the pressure altitude of 13,000 ft.
    2.10.2. Pressurization of tanks.
    For any flight the tanks are pressurized if, at the intended flight altitude, the temperature of the fuel gas does not allow to have the minimum pressure defined in the flight manual, and in all cases where the flight is expected at an altitude pressure greater than 10,000 ft.


    Chapter III
    Operating Manual
    3.1. Manual drafting


    3.1.1. Form.
    The operating manual is a document prepared by the operator. It is intended to make available to operational personnel the rules and procedures to be followed, as well as all the information and instructions necessary to ensure that the various objectives of the operation are met in satisfactory security conditions.
    The operator shall make available to all staff concerned a copy of the operating manual easily understandable by the operator.
    Symbols, graphics or acronyms relevant to international aviation practice are recommended.
    The operating manual is maintained by the operator and easily usable. The operator ensures that it is known and implemented by the staff concerned.
    The operator ensures that, if the operating manual concerns several types of balloons, or balloons of different sizes, all the particular information related to each balloon is included in the said manual.
    3.1.2. Content.
    The operating manual is not a simple copy of the regulations. Except as a special case, it does not present these texts in their original form, but expresses them in the form of appropriate instructions, instructions or other forms, developed by the operator and adapted to its operation and to the personnel responsible for performing the tasks.
    The manual includes at least the following two parts divided into sections and titled:
    General;
    - Use.
    The contents of each of these parts are specified in Appendix 1 as a canevas.
    The operating manual includes all operating procedures.
    A different manual in its form may be filed if the operator considers it to be better suited to the needs of the personnel concerned.


    3.2. Provision of operating manual


    An operator can only operate a balloon if he has made available to interested personnel the relevant parts of the operating manual.


    3.3. Deposit


    The operating manual and its amendments are filed with the authority.
    Through this repository, the operator informs the authority of the organization and the procedures it sets in place to ensure, on the one hand, that the operation forms a coherent package and, on the other hand, that the instructions, instructions and information given to the staff allow for compliance with the applicable technical regulations, including safety regulations.


    3.4. Study by authority


    The operating manual and its amendments are acceptable to the authority. The authority may impose any modifications that it deems useful to the operating manual and its amendments if it finds that their content is not in accordance with the technical regulations applicable to the operation or that the operating personnel are unaware of the provisions necessary to ensure satisfactory security.


    3.5. Use and modification of operating manual


    3.5.1. Presence on board.
    Any part of the operating manual useful to the flight (especially checklists) is on board the ball.
    3.5.2. Use.
    The operating personnel use the operating manual for the execution of their missions, comply with the instructions it sets out and ensures its strict application.
    3.5.3. Changes.
    Any change in activity that affects the operating manual and its amendments implies the prior filing of an amendment to the operating manual with the authority.
    The operator also fines the operating manual on the basis of regulatory changes.


    Chapter IV
    Equipage
    4.1. Crew authority and obligations


    4.1.1. Functions of crew members.
    4.1.1.1. A flight may only be undertaken if the functions of each crew member have been defined prior to the flight.
    4.1.1.2. The captain function is held by a pilot member of the flight crew. The captain is responsible for the conduct and safety of the flight.
    4.1.1.3. The pilot-in-command may derogate within the limits of the Transportation Code and the Civil Aviation Code to any or part of the rules of this schedule whenever he considers it indispensable for the safety of the flight. In this case, he reports it within seventy-two hours to the authority.
    4.1.2. Liability and authority of the captain.
    4.1.2.1. Liability of the captain.
    The captain.
    - is responsible for inflating, pre-flight briefing and balloon deflating;
    ―is responsible for the commencement and continuation of the flight. It ensures that the flight can be undertaken safely and in compliance with the regulations;
    ― ensures that occupants are properly dressed for balloon practice;
    ― Ensure compliance with safety instructions, including smoking ban.
    4.1.2.2. Captain's authority.
    The captain:
    - may refuse boarding or transport and may disembark any cargo or any person likely to pose a risk to the safety of the aircraft, its occupants or third parties;
    - may, where necessary, take all appropriate measures to limit the risk of a passenger whose actions or behaviour may pose a danger to the safety of the aircraft, its occupants or third parties.
    4.1.3. Knowledge of equipment and procedures.
    A flight can only be undertaken if the crew members, on the one hand, are familiar with the balloon and its on-board equipment, including safety and rescue equipment and special systems, and on the other hand, have practical knowledge of the operating manual.
    4.1.4. Temporary disabilities.
    4.1.4.1. A crew member shall refrain from performing his or her duties as soon as he or she experiences a physical or mental impairment that may incapacitate him or her to perform his or her duties safely, or that he or she is under the influence of alcoholic beverages, narcotics or narcotics.
    4.1.4.2. The pilot-in-command may not continue a flight beyond an appropriate landing site if he or she finds the inability of flight crew members to perform their duties.


    4.2. Crew composition


    4.2.1. General.
    The composition of the flight crew is determined by the type, class of the balloon, characteristics of the flight and the nature of the planned operations.
    The operator may set a list of flight crew members based on the specific conditions of use. In no case shall the number and qualifications of flight crew members be less than the minimum crew requirements.
    4.2.2. Minimum driving equipment.
    The number of members and the composition of the flight crew are not less than the limitations in the documents associated with the balloon airworthiness document, including the flight manual or equivalent document.
    4.2.3. Complementary personnel on board.
    Passenger transport, on board a 20-passenger balloon, requires a complementary crew member responsible for passenger safety.


    4.3. Titles and skills required of crew members


    4.3.1. Titles and experience.
    4.3.1.1. Captain.
    No one may exercise the function of captain of a balloon operated by a company holding a CTA if he or she holds the appropriate aeronautical titles, in a valid state, issued or validated by the State of registration.
    In addition, the pilot-in-command warrants a minimum experience as a hot air balloon pilot:
    - a hundred hours of flight for a balloon of more than 3,400 m3 and less than or equal to 6,000 m3;
    - two hundred hours of flight for a balloon of more than 6,000 m3 and less than or equal to 10,500 m3;
    ― three hundred hours of flight for a balloon of more than 10,500 m3.
    Before being qualified on a higher ball class, the pilot-in-command also undergoes a proficiency check as required in 4.3.2.3.
    4.3.1.2. Complementary personnel on board.
    No one may be additional on-board personnel, responsible for carrying out passenger safety tasks, except:
    - 18 years old;
    ― holder of a secourist patent recognized by the French authorities;
    - trained in operating procedures, including fire evacuation and landing.
    The operator defines a training procedure for its additional on-board personnel as described in its operating manual.
    4.3.1.3. Adaptation and control course:
    No one can be a flight crew member on a balloon type if he has:
    ― followed by training to familiarize it with the operation of this type of balloon used and the use of the operating manual;
    - undergoes a proficiency check as defined in paragraph 4.3.2.3.
    No one can be additional on-board personnel on a balloon type, if he has not followed a training to familiarize him with the operation of this type of balloon used and the use of the operating manual.
    4.3.2. Maintenance, updating and skills control.
    4.3.2.1. Maintenance of skills.
    The operator ensures that the skills of its staff are maintained for their duties and, in particular, for the application of the provisions of the balloon operation manual on which they operate.
    The operator defines a skills retention course including a theoretical module and a practical module. This course focuses on general and specific knowledge of each function.
    The operator specifies in its operating manual:
    - content and duration for each module;
    - implementation procedures;
    – the means and tools for the organization of the internship;
    – qualified persons, designated by the operator to provide each module.
    Each crew member or technical staff on the ground is undergoing a training course for the maintenance of competencies, the validity period of which is twelve calendar months from the end of the month of its completion. If the renewal course is carried out within the last three months of the validity period of the previous internship, the validity period then extends from the date of completion to the end of the twelfth month following the expiration date of the previous internship.
    For flight crew members, the practical module of the competency retention course can be combined with the annual competency control provided for in 4.3.2.3.
    4.3.2.2. Competency update.
    Prior to the commissioning of any new equipment or equipment, the operator shall provide the appropriate information to the personnel concerned and, where appropriate, provide them with a theoretical and, if necessary, practical instruction.
    These provisions are also applicable where the operator is required to significantly modify the terms and conditions of use or the area of operation.
    The training provided as part of the updating of skills is the subject of a registration to be included in the technical file of the staff concerned.
    4.3.2.3. Annual control of the skills of flight crew members.
    Each flight crew member meets an annual control that addresses the tasks assigned to it by the operator to demonstrate its ability to implement the normal operating procedures described in the operating manual.
    The operator defines in its operating manual the skills control procedures of its flight crew members. These include:
    - a ground part and a flight part whose program and duration are specified;
    – the classes and types of balloons on which these controls are carried out;
    – qualified persons designated to carry out these controls.
    Competency control is performed in a representative operating environment.
    The validity period of the proficiency check is twelve calendar months from the end of the month of its completion. If the control is performed within the last three calendar months of the validity period of the previous control, the validity period then extends from the date of completion to the end of the twelfth month following the expiration date of the previous control.
    4.3.2.4. Crew members' records.
    The operator prepares and maintains a record for each crew member, including the training and placements followed, the results of the checks carried out where applicable, the certificates defined in 4.3.2.5, and providing the record of its flight hours and internships per reference period.
    The operator shall keep the records of this file for a period of thirty-six months.
    4.3.2.5. Attestation of crew members.
    The operator delivers to each flight crew member a document certifying that the operator has successfully undergone control of its skills.
    In addition, each line of the pilot's ascending notebook for a flight related to the maintenance, updating or control of competencies is signed by the designated person responsible for it.
    The operator delivers to each additional on-board staff a document certifying that he has completed a competency training course.


    4.4. Recent Experience Conditions


    No one may exercise the function of captain of a balloon operated by a company holding a CTA if he or she has not carried out at least three ascents, including at least one on a ball of the same class, within the previous 180 days. In the absence of a competency check as defined in paragraph 4.3.2.3.


    Chapter V
    Uses. ― Limitations
    5.1. Use limits. General


    5.1.1. Only balloons with a valid Airworthiness Certificate and a valid Airworthiness Certificate may be used by an operator.
    A balloon can only be used within the limitations indicated in its flight manual or any other document approved by the authority.
    A balloon can only be operated under VFR flight regime, with the night landing restriction referred to in paragraph 5.3.
    5.1.2. The operator is not authorized to carry dangerous goods.
    5.1.3. The operator ensures that.
    - all employees are informed that they must comply with the laws, regulations and procedures of the States in which the operations are carried out and that are related to the performance of their duties;
    – all crew members have good knowledge of the laws, regulations and procedures relating to the performance of their duties.


    5.2. Take-off limits


    The operator specifies in its operating manual the take-off limitations in the event of adverse weather conditions, including strong wind and stormy fireplace.
    It further ensures that the total mass of transported persons remains compatible with the limits specified in the flight manual or operating manual if it is more restrictive.
    Finally, in the case of simultaneous or successive take-offs of several balloons, the operator establishes procedures for sufficient vertical and horizontal spacing between two balloons. He describes his procedures in the operating manual.
    The operator defines the night take-off procedures and the lighting conditions of the platform.


    5.3. Landing limits


    The captain conducts his landing in such a way as to best preserve the people on board, on the ground and the privacy of others in all situations.
    In this regard, the operator ensures, in particular during competency checks, that emergency landing procedures are known.
    Night landing is forbidden.


    5.4. Fuel and other consumables


    The operator defines a fuel policy.
    The captain ensures before the flight that the quantities of fuel and other consumables allow him to carry out the planned flight with an acceptable safety margin. In no case are these quantities less than the sum:
    - the amount of fuel and consumable products necessary to carry out the course provided in the known balloon operating conditions and taking into account the expected weather conditions, and
    - an additional quantity to be carried out according to the type of flight envisaged:
    - thirty minutes of flight in plains; or
    - forty-five minutes of mountain flight; or
    – an hour of flight for a night flight, with day landing.
    The captain has the ability to estimate at any time the amount of fuel remaining on board.


    Chapter VI
    Documentation
    6.1. Obligation to import documents


    6.1.1. Before we fly.
    Before any flight, the operator shall ensure that a flight record has at least the following:
    - registration of the balloon;
    - the list of persons on board, including crew;
    - the flight plan, if required by air traffic rules;
    - the record with relevant meteorological and aeronautical information, including NOTAM, RTBA network activity, regulated and hazardous areas;
    ― the amount of fuel required to carry out the mission;
    – the loading estimate, signed by the captain.
    6.1.2. For any flight.
    The pilot-in-command ensures that the following documents are present on board or in the vehicle of recovery during each flight:
    - the road map;
    a copy of the CTA;
    - the registration certificate;
    - the Certificate of Airworthiness and Certificate of Airworthiness Review;
    - the aircraft station licence, if applicable;
    the insurance certificate;
    - the flight manual;
    the operating manual;
    - the pilot's license;
    the ascent notebook;
    a copy of the flight plan if applicable;
    a copy of the administrative authorizations for the flights used.
    Required on board:
    - notifications with safety instructions in the form of pictograms visible by each passenger;
    ― any part of the operating manual useful to the flight, including checklists;
    - the relevant elements of the flight record as described in paragraph 6.1.1.;
    – Aeronautical maps and other documents for navigation.
    6.1.3. For any flight with a derogation from normal flight conditions, the derogations granted to that effect or their copies are mandatory.


    6.2. Updated road map


    6.2.1. Every ball has a road notebook.
    The roadmap is kept up to date and properly completed by the end of the day or after anomaly, incident or accident.
    It shall indicate at least the following information:
    the date of flight;
    the name of the crew members and their function on board;
    the origin and destination of the flight;
    – the time of departure and the time of arrival;
    - flight time;
    - the nature of the flight (private, air work, regular or non-regular transport);
    – the anomalies observed during the flight or an explicit mention of absence of anomaly.
    6.2.2. The update of the road book is carried out under the responsibility of the captain and signed by him.


    Chapter VII
    Airworthiness Maintenance


    Airworthiness requirements are those applicable to balloons used in general aviation in accordance with existing regulations.


    Chapter VIII
    Use
    8.1. Passengers


    The boarding and disembarking of passengers shall be carried out under the responsibility of a person designated for that purpose by the operator and in accordance with a procedure defined in the operating manual. The boarding and disembarking of passengers is not undertaken during the inflating or deflating of the balloon except for safety reasons and if the procedure defined in the operating manual provides this possibility.
    The smoking ban on board is recalled to passengers before takeoff.
    Where applicable, the pilot-in-command shall specify to passengers the procedures for the use of oxygen masks and lifejackets and ensure their use.
    The operator is responsible for the designation of an adult attendant for the transport of children or passengers with reduced mobility. A companion is designated as soon as children are on board and a single attendant cannot monitor more than 5 children. In addition, a coach is designated for each passenger with reduced mobility.


    8.2. Safety signs


    8.2.1. The operator defines in the operating manual all instructions for the balloon's implementation as well as appropriate safety instructions, including safety instructions for passengers during inflating and deflating operations.
    8.2.2. The safety instructions are provided orally to passengers, under the responsibility of the captain, prior to inflation, specifying:
    - the course of inflation, deflating and boarding and landing of passengers;
    ― the announcement and practical demonstration of the landing position;
    ― smoking ban on board or close to the balloon;
    ― the ban on leaving the ship after landing without the pilot's permission;
    any other particular safety instruction related to the particularity of the aircraft or its use, such as the use of mobile phones;
    ― the instructions to the attendants on the conduct to be held towards the persons they are responsible for.
    8.2.3. When the nacelles are equipped so that they are always used on the same side, called large side, for landing, it is known so that each pilot can properly install his ball and inform the passengers during the pre-flight safety briefing.
    8.2.4. In the few minutes before the landing and on the indication of the captain, passengers ensure that their personal effects are properly stored in order not to pose a safety hazard. The crew ensures that portable equipment is also properly stored.
    8.2.5. The operator defines in the operating manual the areas overflowed in operation that it is difficult to reach for search and rescue operations and the procedures to be followed in the event of an emergency landing on these areas.


    8.3. Use of safety handles, belts and harnesses


    8.3.1. Crew members.
    A balloon crew member with a compartmentalized vessel in accordance with the requirements of paragraph 2.2.2. shall keep the device on board attached throughout the flight. Additional on-board personnel, if any, keep the device on-board attached to the landing phase.
    8.3.2. Passengers.
    The pilot-in-command ensures that each passenger is able to secure his/her landing by applying the safety instructions and using the devices to that effect.


    8.4. Fuel supply


    No avitailler is permitted in any area intended to be received from the public.
    Fuel tanks with passengers are not allowed on board.
    It is forbidden to pressurize the bottles with passengers on board.
    No passenger boarding or landing operation is carried out during the tank change.


    Chapter IX
    Aeronautical incidents
    9.1. General


    Any operator shall inform the authority of any incident, failure, malfunction or failure on a balloon or balloon element that it operates when this incident, failure, malfunction or failure is likely to cause the airworthiness of the balloon or, more generally, the safety of its occupants and persons or property on the ground.
    The operator analyzes the reported incidents as well as any event that may have had a security impact to determine the relevance and adequacy of its procedures.


    9.2. Information to be provided


    The event record determines the circumstances, nature, causes, operational and material consequences, as well as the identification of the material involved. Accordingly, the following information is provided on each event.
    If the occurrence was discovered in flight, the information below is to be provided:
    (a) Date and possibly reference to the record;
    (b) Type of balloon use;
    (c) Designation and date of the occurrence in flight;
    (d) Flight phase at the event;
    (e) Geographical location;
    (f) Findings that allowed detection;
    (g) Circumstances and useful parameters (e.g., altitude, temperature, weather conditions);
    (h) Immediate corrective action undertaken by the crew;
    (i) flight consequences and emergency measures taken;
    (j) Effects on the ball, damage;
    (k) Brand, type, registration, serial number, date of construction, total hours, hours since general review of the balloon, nature of the last maintenance operation and hours since the last maintenance operation;
    (l) Marking, designation, reference, serial number, chapter and section ATA, total hours and since revision of the subject material;
    (m) Causes and analyses of anomaly;
    (n) Operation completed to address this problem, reference to documents used, expert reports or other relevant information.
    If the discovery occurred on the ground, the information a, b, f, j, k, l, m and n of the above list is to be provided, and in addition:
    (o) Circumstances of discovery (programmed revision, visit, pre-flight visit, following incident in flight detected or not);
    (p) Description of failure or failure.


    9.3. Timelines and practical modalities for transmission
    incident reports


    The records are transmitted by the operator to the authority that issued the CTA within seventy-two hours. For each incident, the report contains the information referred to in paragraph 9.2. If all information is not known at the deadline for sending, the information then held is nevertheless transmitted and the report completed later. In the event that the operator does not have all the necessary information, in particular if the material in question is repaired in a workshop outside the operator, the operator shall take all necessary measures to provide the required information.
    Operators keep manufacturers informed of the equipment involved in all incidents required for transmission.
    The operator shall also make available to the authority all information and documents relating to incidents and corrective actions.


    Chapter X
    Approval and supervision of the operator
    10.1. Subject


    This chapter sets out the conditions for obtaining and maintaining a CTA.


    10.2. Request


    10.2.1. The operator shall ensure that the following information is included in the original CTA application and, where necessary, on any request for modification:
    - the official name, commercial reason and contact information of the applicant;
    a description of the proposed operation;
    - a description of the organization of supervision;
    a copy of the operating manual;
    a copy of the acceptance of the maintenance program by the authority;
    - at least an administrative authorization required for the use of a flight platform;
    a statement indicating that all documentation sent to the competent authority has been verified by the applicant and recognized in accordance with the applicable requirements.
    10.2.2. The application for the issuance of an ATC is submitted at least ninety days before the scheduled start date of operation. The operating manual may be submitted at a later date, but not less than forty-five days before the expected date for the commencement of operation.
    10.2.3. The application to amend a CTA is submitted at least 30 days before the date for the commencement of the amended operation. This period may be reduced to fifteen days for applications for minor amendments.
    10.2.4. A CTA applicant does not hold, for the same operation, a CTA issued by another authority, unless specifically agreed between the two authorities.
    10.2.5. Unless otherwise authorized, a balloon can only be entered on a single CTA at a time.
    10.2.6. A CTA applicant, or an amendment to the CTA, demonstrates to the authority its ability to ensure the safety of the operation.
    10.2.7. The authority shall notify the applicant in writing of the comments and amendments it wishes to make. All corrective actions required by the authority must be closed before the ATC or the amendment of the ATC is issued. If necessary, the authority may conduct a technical investigation prior to the issuance of the CTA or its modification.


    10.3. Monitoring


    10.3.1. The operator allows the authority to examine all aspects of operational safety and to have access to its organization and balloons. It also ensures that the authority has access to its subcontractors, including organizations that maintain its balloons.
    10.3.2. In the event of a regulatory discrepancy, the authority shall notify the operator in writing of the changes to be made.
    10.3.3. After receiving a notification of a regulatory deviation, the operator defines a corrective action plan and justifies its effectiveness.
    10.3.4. A CTA is amended, suspended or withdrawn if the authority is no longer assured of the operator's ability to maintain the safety of the operation or if the conditions that prevailed at its issuance are no longer met.


    10.4. CTA issues, changes and validity


    10.4.1. The CTA specifies:
    (a) The name and social address of the operator;
    (b) The date of issue;
    (c) Types of balloons allowed for operation;
    (d) Registration marks for authorized balloons;
    (e) Authorized operating areas;
    (f) Specific limitations.
    10.4.2. The CTA remains valid as long as it is not suspended or withdrawn.
    10.4.3. When a CTA is withdrawn, the original copy is returned to the authority.


    10.5. Operator responsibilities


    10.5.1. The operator:
    (a) Ensure that each flight is carried out in accordance with the operating manual specifications;
    (b) Ensure that balloon equipment complies with the regulations;
    (c) Ensure that the operation is carried out by respecting all the road or operating area restrictions imposed by the authority: areas that are difficult to reach for search and rescue operations, overflight of water or others;
    (d) Ensure the qualification and maintenance of the skills of its crews;
    (e) Meets maintenance requirements, terms and limitations of use.
    10.5.2. The operator shall take all reasonable measures to ensure that no person acts or refrains from acting by imprudence or negligence, as a result:
    (a) To endanger the aircraft or its occupants;
    (b) That the aircraft constitutes a danger to individuals or property.
    10.5.3. Archiving.
    The operator keeps the flight records for 12 months.
    10.5.4. Annual Activity Report.
    The operator shall send to the authority an annual report of activity indicating the number of passengers transported by public air transport and, for each balloon, the number of hours of flight by public air transport and training.


    Appendix 1. ― Operating Manual
    A. ― General


    The "General" section defines the general policy of the operator in the conduct of its technical operation, including:
    - description of the operating structure;
    – the functions required for operation, the manner in which they are fulfilled and the connections between them;
    – the principles and methods defined by the operator for the preparation, conduct and monitoring of flights or any other operation inherent in the operation.


    Section A.1
    Organizational chart of posts and functions


    A.1.1. Managers and supervisors.
    Defining the functions of management and management staff. An organizational chart indicates the name of the person who occupies each position required for the operator's management and personnel supervision; the same person can perform several responsibilities.
    A.1.2. Crew member.
    Description of operational functions and responsibilities of crew members.
    If the volume of the operation is important enough to require the designation of a pilot or other crew members' supervisory position, it is preferable that these functions be classified in A.1.1.
    A.1.3. Maintenance personnel.
    If the operator itself performs the maintenance or airworthiness monitoring, the names and responsibilities of the maintenance staff responsible for these two functions are specified. The supervision functions are preferably classified in paragraph A.1.1.
    A.1.4. Other personnel.
    Functions and responsibilities of other operational positions.


    Section A.2
    Technical resources


    A.2.1. Classification of balloons used.
    Composition of the entire fleet: classes and types of balloons, registration.
    A.2.2. Balloon operation not owned by the operator.
    Specific instructions developed by the operator in the event of use of balloons not owned by the operator. Technical responsibilities of the lessee and the lessor, including in the areas of flight crews, operating methods, maintenance and airworthiness monitoring.
    A.2.3. Use of a balloon from the fleet list in general aviation.
    Special requirements for flight crews and airworthiness maintenance and monitoring personnel to ensure that the balloon used in general aviation continues to meet the eligibility criteria for public air transportation.


    Section A.3
    Operator's crew members


    A.3.1. Composition and authority.
    Types of licences, qualifications, certificates and functions of each crew member.
    If applicable, specific exemptions or authorizations obtained, with their references.
    A.3.2. Skills management.
    Procedures for training and maintaining pilot skills, including the following:
    ― adaptation stage;
    maintaining skills;
    ― updating skills;
    • Competence control;
    - recent experience.
    A.3.3. Other matters.
    Rules applicable in the company with respect to:
    - physical failure of a crew member during the flight;
    ― restriction on the use of alcoholic beverages;
    – precautions to be taken for the use of certain medications or vaccinations or blood donations.


    Section A.4
    Flights


    A.4.1. Aircraft driving rules.
    Recall of the essential points of the air rules in the context of the operator's intended operation.
    A.4.2. Search and rescue operations.
    Information elements on the operation of search and rescue services throughout the activity area.
    Where applicable, the operator hereby describes the areas of operation that it has designated to be difficult to access for search and rescue operations.
    A.4.3. Flight conduct in unusual areas.
    Elements which, relating to exploitation in an unusual area, involve amending certain rules defined in the "Use" section to meet the regulations or meet the requirements of these cases.


    B. ∙ Use


    The "Use" section gives the personnel concerned, particularly to the crew, all instructions, instructions and information, including:
    - those that are necessary for the implementation and use of the ball on the ground and in flight, from the moment when the crew takes charge of the preparation and conduct of the flight to the time that it has completed all the operations that it is responsible for following the flight;
    – the list of equipment required to undertake or continue a flight under specific conditions.
    This part remains consistent with documentation associated with the Airworthiness Certificate, including the flight manual.


    Section B.1
    Air operations


    B.1.1. Before every flight.
    All operations prior to each passenger transport operation:
    (a) Flight preparation procedure (e.g. flight terrain, proposed landing areas, obstacle identification, weather data, etc.);
    (b) Authority of the captain in carrying out his mission. The operating manual indicates that it is authorized to refuse a mission if its execution leads to a breach of the applicable regulations or if it considers that its own safety or that of third parties is involved;
    (c) All checks before each flight, including the aircraft's compliance with the operational rules defined by the operator and the regulations;
    (d) Procedure for equipment, balloon inflation and passenger boarding;
    (e) Procedures for the reception of passengers with reduced mobility;
    (f) Passenger briefing, particularly on security measures.
    B.1.2. General procedures in flight.
    All normal and emergency procedures, including:
    (a) Procedures and limitations associated with the safety and effectiveness of each use requiring special competence from aircrew personnel;
    (b) Use of safety equipment, including specifications for the use of safety belts and harnesses where applicable and other safety equipment;
    (c) General emergency procedures related to passenger transport.
    The operator also establishes a system of checklists ("check-lists") for all operating phases under normal, abnormal and emergency conditions, as appropriate, to ensure compliance with the operating procedures specified in the operating manual.


    Section B.2
    Data for each ball


    This section can be established for each set of balloons and uses with elements that are close enough so that the operation can be done with identical instructions.
    B.2.1. Ball type and description.
    Type of balloon, precise indications to identify it.
    B.2.2. Operational performance.
    Elements to define mass limitations in accordance with existing regulations relating to the technical conditions of use of the balloon.
    B.2.3. Limitations.
    Set of manufacturer limitations and operator limitations based on specific operating conditions, including with respect to special or regulated loads.
    B.2.4. Flight driving, emergency procedures.
    Procedures to be undertaken to deal with an emergency situation.
    They are provided for foreseeable but unusual situations where accurate and immediate action of the crew significantly reduces the likelihood or severity of an accident.
    The actions and information contained in these procedures are those that are essential for the safe use of the balloon in the defined emergency situation.
    Note: The manual recalls that the assignment distribution is fundamental to flight safety. It specifies the monitoring of all parameters necessary to ensure the conduct of the ball and especially its trajectory.
    B.2.5. Security and rescue equipment.
    List of safety and rescue equipment to be embarked in the event of special flights or overflights:
    - for the overflight of the water;
    - for the overflight of areas difficult to reach for search and rescue operations;
    - for mountain flight;
    - for high altitude flight.
    These equipment may include (non-limiting list):
    - first aid kit;
    - radio equipment;
    - survival equipment;
    - vests;
    - canoes;
    ― radio, optical and pyrotechnic signalling equipment.


    Appendix 2. • First aid kit


    The first-aid kit includes:


    DEIGNATION
    RECOMMENDED FORME

    Bandages

    Choose

    Antiseptic to treat minor injuries

    Pommade

    Skin disinfectant

    Spray or bottle

    Skin cleaner

    Vaporization, bottle or soap of Marseille

    Adhesive dressings

    Box

    Fat or ointment for burns

    Assortment or tube

    Compresses

    Assortment

    Adhesive tape

    Roll

    Scissors


    Coton

    Package


Done on 6 March 2013.


For the Minister and by delegation:

Director of Security

Civil Aviation,

F. Rousse


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