Commission Regulation (EU) 2018/395Dangos y teitl llawn

[F1 ANNEX III U.K. REQUIREMENTS FOR BALLOON FLIGHT CREW LICENSING [PART-BFCL]

Textual Amendments

F1 Inserted by Commission Implementing Regulation (EU) 2020/357 of 4 March 2020 amending Regulation (EU) 2018/395 as regards balloon pilot licences (Text with EEA relevance).

SUBPART GEN GENERAL REQUIREMENTS U.K.

BFCL.001 Scope U.K.

This Annex establishes the requirements for the issue of a balloon pilot licence (‘BPL’) and associated privileges, ratings and certificates, and the conditions for their validity and use.

BFCL.005 Competent authority U.K.

F2 ...

Textual Amendments

F2 Annex 3 point BFCL.005 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(2)(a)

BFCL.010 Classes and groups of balloons U.K.

For the purpose of this Annex, balloons shall be categorised in the following classes and groups:

(a)

‘hot-air balloon’ class:

(1)

group A: envelope capacity up to 3 400 m ³ (120 069 ft ³ );

(2)

group B: envelope capacity between 3 401 m ³ (120 070 ft ³ ) and 6 000 m ³ (211 888 ft ³ );

(3)

group C: envelope capacity between 6 001 m ³ (211 889 ft ³ ) and 10 500 m ³ (370 804 ft ³ );

(4)

group D: envelope capacity of more than 10 500 m ³ (370 804 ft ³ );

(b)

‘gas balloon’ class;

(c)

‘mixed balloon’ class;

(d)

‘hot-air airship’ class.

BFCL.015 Application for and issue, revalidation and renewal of a BPL as well as associated privileges, ratings and certificates U.K.

(a)

An application for the following shall be submitted to [F3 the CAA] in a form and manner established by [F4 the CAA]:

(1)

the issue of a BPL and associated ratings;

(2)

the extension of the privileges of a BPL;

(3)

the issue of a flight instructor (for balloons) (‘FI(B)’) certificate;

(4)

the issue, revalidation and renewal of a flight examiner (for balloons) (‘FE(B)’) certificate; and

(5)

any amendments to the BPL and associated privileges, ratings certificates.

(b)

An application specified in paragraph (a) shall be accompanied by evidence that the applicant complies with the relevant requirements established in this Annex and in Annex IV (Part-MED) to Regulation (EU) No 1178/2011.

(c)

Any limitation or extension of the privileges granted by a licence, rating or certificate shall be endorsed on the licence or certificate by the [F5 CAA].

(d)

A person shall not hold at any time more than one BPL issued in accordance with this Annex.

(e)

F6 ...

(f)

F7 ...

(g)

Applicants shall apply for the issue of a BPL and associated ratings, privileges or certificates not later than 6 months after having successfully completed the skill test or assessment of competence.

Textual Amendments

F3 Words in Annex 3 point BFCL.015(a) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(2)(b)(i)(aa)

F4 Words in Annex 3 point BFCL.015(a) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(2)(b)(i)(bb)

F5 Word in Annex 3 point BFCL.015(c) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(2)(b)(ii)

F6 Annex 3 point BFCL.015(e) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(2)(b)(iii)

F7 Annex 3 point BFCL.015(f) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(2)(b)(iii)

BFCL.030 Practical skill test U.K.

Except for the skill test for the commercial operation rating as specified in point BFCL.215, an applicant for a skill test shall be recommended for the test by the ATO or the DTO that is responsible for the training undertaken by the applicants, once the training is completed. The training records shall be made available to the examiner by the ATO or DTO.

BFCL.035 Crediting of flight time U.K.

Applicants for a BPL or an associated privilege, rating or certificate shall be fully credited with all solo, dual instruction or PIC flight time on balloons towards the requirement of a total flight time for the licence, privilege, rating or certificate.

BFCL.045 Obligation to carry and present documents U.K.

(a)

When exercising the privileges of BPL licence, BPL holders shall carry all of the following:

(1)

a valid BPL;

(2)

a valid medical certificate [F8 or medical declaration, appropriate to the privileges exercised];

(3)

a personal identification document containing his or her photo;

(4)

sufficient logbook data to demonstrate compliance with the requirements of this Annex.

(b)

Student pilots shall carry on all solo flights:

(1)

the documents as specified in paragraphs (a)(2) and (a)(3); and

(2)

evidence of the authorisation required by point BFCL.125(a).

(c)

BPL holders or student pilots shall without undue delay present the documents as specified in paragraph (a) or (b) for inspection upon request by an authorised representative of the [F9 CAA].

Textual Amendments

F8 Words in Annex 3 point BFCL.045(a)(2) inserted (28.1.2021) by The Aviation Safety (Amendment) Regulations 2021 (S.I. 2021/10), regs. 1(2), 5(3)(a)

F9 Word in Annex 3 point BFCL.045(c) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(2)(c)

BFCL.050 Recording of flight time U.K.

BPL holders and student pilots shall keep a reliable record of the details of all flights flown in a form and manner established by the [F10 CAA].

Textual Amendments

F10 Word in Annex 3 point BFCL.050 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(2)(c)

BFCL.065 Curtailment of privileges of BPL holders aged 70 years or older in commercial passenger ballooning U.K.

BPL holders who have attained the age of 70 years shall not act as pilots of a balloon engaged in commercial passenger balloon operations.

BFCL.070 Limitation, suspension or revocation of licences, privileges, ratings and certificates U.K.

(a)

A BPL as well as associated privileges, ratings and certificates issued in accordance with this Annex may be limited, suspended or revoked by the [F11 CAA] in accordance with the conditions and procedures laid down in Annex VI (Part-ARA) to Regulation (EU) No 1178/2011 if a BPL holder does not comply with the essential requirements set out in Annex IV to Regulation (EU) 2018/1139 or with the requirements of this Annex as well as of Annex II (Part-BOP) to this Regulation or of Annex IV (Part-MED) to Regulation (EU) No 1178/2011.

(b)

BPL holders shall immediately return the licence or certificate to the [F11 CAA] if their licence, privilege, rating or certificate has been limited, suspended or revoked.

Textual Amendments

F11 Word in Annex 3 point BFCL.070 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(2)(c)

SUBPART BPL BALLOON PILOT LICENCE ( ‘ BPL ’ ) U.K.

BFCL.115 BPL – Privileges and conditions U.K.

(a)

The privileges of a BPL holder are to act as PIC in balloons:

(1)

without remuneration in non-commercial operations;

(2)

in commercial operations if he or she holds a commercial operation rating in accordance with point BFCL.215 of Subpart ADD of this Annex.

(b)

By way of derogation from paragraph (a)(1), a BPL holder who has instructor or examiner privileges may receive remuneration for:

(1)

the provision of flight instruction for the BPL;

(2)

the conduct of skill tests and proficiency checks for the BPL;

(3)

the training, testing and checking for the privileges, ratings and certificates attached to a BPL.

(c)

BPL holders shall exercise BPL privileges only if they comply with the applicable recency requirements and only if their medical certificate [F12 or medical declaration], appropriate to the privileges exercised, is valid.

Textual Amendments

F12 Words in Annex 3 point BFCL.115(c) inserted (28.1.2021) by The Aviation Safety (Amendment) Regulations 2021 (S.I. 2021/10), regs. 1(2), 5(3)(b)

BFCL.120 BPL – Minimum age U.K.

Applicants for a BPL shall be at least 16 years of age.

BFCL.125 BPL – Student pilot U.K.

(a)

Student pilots shall not fly solo unless authorised to do so and supervised by a flight instructor for balloons (FI(B)).

(b)

Student pilots shall be at least 14 years of age to be allowed on solo flights.

BFCL.130 BPL – Training course and experience requirements U.K.

Applicants for a BPL shall complete a training course at an ATO or a DTO. The course shall be tailored to the privileges sought and shall include:

(a)

theoretical knowledge as specified in point BFCL.135(a);

(b)

at least 16 hours of flight instruction in either hot-air balloons that represent group A of that class, or gas balloons, including at least:

(1)

12 hours of dual flight instruction;

(2)

10 inflations and 20 take-offs and landings; and

(3)

One supervised solo flight with a flight time of at least 30 minutes.

BFCL.135 BPL – Theoretical knowledge examination U.K.

(a)

Theoretical knowledge

Applicants for a BPL shall demonstrate a level of theoretical knowledge that is appropriate to the privileges sought through examinations on the following:

(1)

common subjects:

(i)

air law;

(ii)

human performance;

(iii)

meteorology;

(iv)

communications; and

(2)

specific subjects concerning balloons:

(i)

principles of flight;

(ii)

operational procedures;

(iii)

flight performance and planning;

(iv)

aircraft general knowledge related to balloons; and

(v)

navigation.

(b)

Responsibilities of the applicant

(1)

F13 ...

(2)

The applicant shall take the theoretical knowledge examination only if recommended by the ATO or the DTO that is responsible for his or her training and once he or she has completed the appropriate elements of the training course of theoretical knowledge instruction to a satisfactory standard.

(3)

The recommendation by the ATO or the DTO shall be valid for 12 months. If the applicant has failed to take at least one theoretical knowledge examination paper within this validity period, the need for further training shall be determined by the ATO or the DTO, based on the needs of the applicant.

(c)

Pass standards

(1)

A pass in a theoretical knowledge examination paper shall be awarded to the applicant if he or she has achieved at least 75 % of the marks allocated to that paper. No penalty marking shall be applied.

(2)

Unless otherwise specified in this Annex, an applicant is considered to have successfully completed the required theoretical knowledge examination for the BPL if he or she has passed all the required theoretical knowledge examination papers within a period of 18 months counted from the end of the calendar month when the applicant first attempted to take the examination.

(3)

If an applicant has failed to pass one of the theoretical knowledge examination papers within four attempts or has failed to pass all papers within the period mentioned in paragraph (2), he or she shall retake the complete set of theoretical knowledge examination papers.

(4)

Before retaking the theoretical knowledge examinations, the applicant shall undertake further training at an ATO or a DTO. The ATO or the DTO shall determine the extent and scope of the training, based on the needs of the applicant.

(d)

Validity period

The theoretical knowledge examination shall be valid for a period of 24 months counted from the day when the applicant successfully completed the theoretical knowledge examination, in accordance with paragraph (c)(2).

Textual Amendments

F13 Annex 3 point BFCL.135(b)(1) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(3)

BFCL.140 BPL – Crediting of theoretical knowledge U.K.

Applicants for the issue of a BPL shall be credited towards the theoretical knowledge requirements for the common subjects as specified in point BFCL.135(a)(1) if they:

(a)

hold a licence in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 or Annex III (Part-SFCL) to Implementing Regulation (EU) 2018/1976; or

(b)

have passed the theoretical knowledge examinations for a licence as specified in paragraph (a), as long as this is done within the validity period specified in point BFCL.135(d).

BFCL.145 BPL – Practical skill test U.K.

(a)

Applicants for a BPL shall demonstrate through the completion of a skill test the ability to perform, as PIC on a balloon, the relevant procedures and manoeuvres with competency appropriate to the privileges sought.

(b)

Applicants shall complete the skill test in the same class of balloons in which the training course has been completed in accordance with point BFCL.130 and, in case of hot-air balloons, in a balloon that represents group A of that class.

(c)

To take a skill test for the issue of a BPL, the applicant shall first pass the required theoretical knowledge examination.

(d)

Pass standards

(1)

The skill test shall be divided into different sections, representing all the different phases of a balloon flight.

(2)

Failure in any item of a section shall cause the applicant to fail the entire section. If the applicant fails in only one section, he or she shall repeat only that section. Failure in more than one section shall require the applicant to retake the entire test.

(3)

If the applicant needs to retake the test in accordance with paragraph (2) and fails in any section, including those sections that have been passed at a previous attempt, the applicant shall retake the entire test.

(e)

If the applicant fails to achieve a pass in all sections of the test within two attempts, he or she shall receive further practical training.

BFCL.150 BPL – Extension of privileges to another balloon class or group U.K.

(a)

The privileges of the BPL shall be limited to the class of balloon in which the skill test as specified in point BFCL.145 was taken, and, in the case of hot-air balloons, to group A of that class.

(b)

In the case of hot-air balloons, the privileges of the BPL shall be extended to another group within the hot-air balloon class upon application if a pilot has completed at least:

(1)

two instruction flights with an FI(B) on a balloon of the relevant group;

(2)

the following amount of hours of flight time as PIC on balloons:

(i)

at least 100 hours, if privileges for group B balloons are sought;

(ii)

at least 200 hours, if privileges for group C balloons are sought;

(iii)

at least 300 hours, if privileges for group D balloons are sought.

(c)

Except for the mixed balloon class, the privileges of the BPL shall be extended to another balloon class, or, if privileges for the hot-air balloon class are sought, to group A of the hot-air balloon class, upon application if a pilot has completed in the relevant balloon class and group:

(1)

a training course at an ATO or a DTO, including at least:

(i)

five dual instructional flights; or

(ii)

in the case of an extension from hot-air balloons to hot-air airships, five hours of dual instruction time; and

(2)

a skill test during which the pilot has demonstrated to the FE(B) an adequate level of theoretical knowledge for the other class in the following subjects:

(i)

principles of flight;

(ii)

operational procedures;

(iii)

flight performance and planning;

(iv)

aircraft general knowledge with regard to the balloon class for which the extension of privileges is sought.

(d)

The completion of the training as specified in paragraphs (b)(1) and (c)(1) shall be entered in the logbook of the pilot and signed by:

(1)

in the case of paragraph (b)(1), the instructor who is responsible for the instruction flights; and

(2)

in the case of paragraph (c)(1), the head of training of the ATO or of the DTO that is responsible for the training.

(e)

A BPL holder shall exercise his or her privileges in the mixed balloon class only if he or she has privileges for both the hot-air balloon class and the gas balloon class.

BFCL.160 BPL – Recency requirements U.K.

(a)

A BPL holder shall only exercise the privileges of his or her licence if he or she has completed in the relevant balloon class:

(1)

either:

(i)

within the last 24 months before the planned flight, at least six hours of flight time as PIC, including 10 take-offs and landings, as PIC or flying dual or solo under the supervision of an FI(B); and

(ii)

within the last 48 months before the planned flight, at least one training flight with an FI(B); or

(2)

within the last 24 months before the planned flight, a proficiency check in accordance with point (c).

(b)

In addition to the requirements in paragraph (a), in the case of a pilot who is qualified to fly more than one class of balloons, in order to exercise his or her privileges in the other balloon class or the other balloon classes, he or she shall have completed at least three hours of flight time, as PIC or flying dual or solo under the supervision of an FI(B), on each additional balloon class within the last 24 months.

(c)

A BPL holder who does not comply with the requirements in paragraph (a)(1) and, if applicable, (b), before resuming the exercise of his or her privileges, shall pass a proficiency check with an FE(B) in a balloon that represents the relevant class.

(d)

After complying with paragraph (a), (b) or (c), as applicable, a BPL holder with privileges to fly hot-air balloons shall exercise his or her privileges only on hot-air balloons that represent:

(i)

the same group of hot-air balloons in which the training flight as specified in paragraph (a)(1)(ii) or the proficiency check as specified in paragraph (c), as applicable, have been completed, or a group with a smaller envelope size; or

(ii)

group A of hot-air balloons in cases where a pilot, in accordance with paragraph (b), has completed the training flight as specified in paragraph (a)(2) in a balloon class other than hot-air balloons.

(e)

The completion of the dual flights, the flights under supervision and the training flight as specified in paragraph (a)(1) and (b), as well as the proficiency check as specified in paragraph (c) shall be entered in the logbook of the pilot and signed by, in the case of paragraphs (a)(1) and (b), the responsible FI(B) and, in the case of paragraph (c), the responsible FE(B).

(f)

A BPL holder, that holds also the privileges for commercial operations as specified in point BFCL.215 of Subpart ADD of this Annex, shall be deemed to comply with the requirements of:

(1)

paragraph (a) and, if applicable, (b), in case he or she has completed a proficiency check in accordance with point BFCL.215(d)(2)(i) in the relevant balloon class or classes within the last 24 months; or

(2)

paragraph (a)(1)(ii), in case he or she has completed the training flight as specified in point BFCL.215(d)(2)(ii) in the relevant balloon class.

In the case of the hot-air balloon class, limitations specified in paragraph (d), concerning the privileges to operate different classes of balloons, shall apply, depending on the balloon class used for complying with paragraphs (f)(1) or (f)(2).

SUBPART ADD ADDITIONAL RATINGS U.K.

BFCL.200 Tethered hot-air balloon flight rating U.K.

(a)

A BPL holder shall undertake tethered flights with hot-air balloons only if he or she holds a tethered hot-air balloon flight rating in accordance with this point.

(b)

To apply for a tethered hot-air balloon flight rating, the applicant shall:

(1)

have privileges for the hot-air balloon class;

(2)

first complete at least two tethered hot-air balloon instruction flights.

(c)

The completion of the tethered hot-air balloon training shall be entered in the logbook and signed by the FI(B) who is responsible for the training.

(d)

A pilot who holds a tethered hot-air balloon flight rating shall exercise his or her privileges only if he or she has completed at least one tethered hot-air balloon flight during the 48 months preceding the planned flight, or, if he or she has not performed such a flight, the pilot shall exercise his or her privileges if they have performed a tethered hot-air balloon flight flying dual or solo under the supervision of an FI(B). The completion of such dual or solo flight under supervision shall be entered in the pilots logbook and signed by the FI(B).

BFCL.210 Night rating U.K.

(a)

A BPL holder shall exercise the privileges of his or her licence in VFR conditions at night only if he or she holds a night rating in accordance with this point.

(b)

An applicant for a night rating shall have completed at least two instruction flights at night of at least one hour each.

(c)

The completion of the night rating training shall be entered in the logbook and signed by the FI(B) who is responsible for the training.

BFCL.215 Commercial operation rating U.K.

(a)

A BPL holder shall exercise the privileges of his or her licence during commercial operations with balloons only if he or she holds a commercial operation rating in accordance with this point.

(b)

An applicant for a commercial operation rating shall:

(1)

have attained the age of 18 years;

(2)

have completed 50 hours of flight time and 50 take-offs and landings as PIC on balloons;

(3)

have the privileges for the class of balloon in which the privileges of the commercial operation rating will be exercised; and

(4)

have passed a skill test on the relevant class of balloon during which he or she shall demonstrate to an FE(B) the competence required for commercial balloon operations.

(c)

The privileges of the commercial operation rating shall be limited to the class of balloon in which the skill test in accordance with paragraph (b)(3) has been completed. The privileges shall be extended upon application to another class of balloon if, in that other class, the applicant complies with paragraph (b)(3) and (b)(4).

(d)

A pilot who holds a commercial operation rating shall exercise the privileges of that rating in commercial passenger ballooning only if he or she has completed:

(1)

within the 180 days preceding the planned flight:

(i)

at least three flights as PIC in balloons, of which at least one shall be in a balloon of the relevant class; or

(ii)

one flight as PIC in a balloon of the relevant class under the supervision of an FI(B) who is qualified in accordance with this point; and

(2)

within the 24 months preceding the planned flight:

(i)

a proficiency check, in a balloon of the relevant class, during which he or she shall demonstrate to an FE(B) the competence required for commercial passenger ballooning; or

(ii)

a refresher course at an ATO or a DTO, tailored to the competence required for commercial balloon operations, including at least six hours of theoretical knowledge instruction and one training flight in a balloon of the relevant class with an FI(B) who is qualified for commercial balloon operations in accordance with this point.

(e)

To maintain the privileges of the commercial operation rating for all balloon classes, a pilot who holds a commercial operation rating with privileges extended to more than one class of balloons shall comply with the requirements in paragraph (d)(2) in at least one class of balloons.

(f)

A pilot who complies with paragraph (d) and holds a commercial operation rating for the hot-air balloon class shall exercise the privileges of that rating in the hot-air balloon class only on balloons that represent:

(i)

the same group of the hot-air balloon in which the proficiency check as specified in paragraph (d)(2)(i) or the training flight as specified in paragraph (d)(2)(ii), have been completed; or

(ii)

a hot-air balloon group with a smaller envelope size.

(g)

The completion of the flight under supervision as specified in paragraph (d)(1)(ii), the proficiency check as specified in paragraph (d)(2)(i) and the refresher training course as specified in paragraph (d)(2)(ii) shall be entered in the logbook of the pilot and shall be signed by the head of training of the ATO or the DTO, or the FI(B) or the FE(B) that is responsible for the training course, the supervision or the proficiency check, as applicable.

(h)

A pilot who has completed an operator proficiency check in accordance with point BOP.ADD.315 of Annex II (Part-BOP) to this Regulation shall be deemed to comply with paragraph (d)(2)(i).

SUBPART FI FLIGHT INSTRUCTORS U.K.

Section 1 U.K. General requirements

BFCL.300 Flight instructor certificates U.K.

(a) General U.K.

An instructor shall only carry out flight instruction in a balloon if he or she:

(1)

holds:

(i)

a BPL including the privileges, ratings and certificates for which flight instruction is to be provided; and

(ii)

a balloon flight instructor (FI(B)) certificate appropriate to the instruction carried out, and issued in accordance with this Subpart; and

(2)

is entitled to act as PIC in the balloon during flight instruction.

(b) Instruction provided outside the [F14 United Kingdom] U.K.

(1)

By way of derogation from subparagraph (a)(1), in the case of flight instruction provided during a training course approved in accordance with this Annex (Part-BFCL) outside the [F15 United Kingdom, the CAA] shall issue a flight instructor certificate to an applicant who holds a balloon pilot licence that is compliant with Annex 1 to the Chicago Convention, provided that the applicant:

(i)

holds at least a licence including, where relevant, privileges, ratings or certificates equivalent to those for which he or she is authorised to instruct;

(ii)

complies with the requirements established in this Subpart for the issue of the FI(B) certificate with the relevant instructional privileges; and

(iii)

demonstrates to the [F16 CAA] an adequate level of knowledge of [F17 United Kingdom] aviation safety rules to be able to exercise his or her instructional privileges in accordance with this Annex.

(2)

The certificate shall be limited to the provision of approved flight instruction:

(i)

outside the [F18 United Kingdom]; and

(ii)

to a student pilot who has sufficient knowledge of the language in which flight instruction is provided.

Textual Amendments

F15 Words in Annex 3 point BFCL.300(b)(1) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(4)(a)(ii)

F16 Word in Annex 3 point BFCL.300(b)(1)(iii) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(4)(a)(iii)(aa)

F17 Words in Annex 3 point BFCL.300(b)(1)(iii) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(4)(a)(iii)(bb)

F18 Words in Annex 3 point BFCL.360(b)(2)(i) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(4)(a)(iv)

Textual Amendments

F14 Words in Annex 3 point BFCL.300(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(4)(a)(i)

Section 2 U.K. Flight instructor certificate for balloons – FI(B)

BFCL.315 FI(B) certificate – Privileges and conditions U.K.

(a)

Subject to compliance of applicants with point BFCL.320 and with the following conditions, an FI(B) certificate shall be issued with privileges to conduct flight instruction for:

(1)

a BPL;

(2)

the extension of privileges to further classes and groups of balloons provided that the applicant has completed at least 15 hours of flight time as PIC in each relevant class;

(3)

a night rating or a tethered flight rating, provided that the applicant has received specific training in providing instruction for the relevant rating at an ATO or at a DTO; and

(4)

an FI(B) certificate, provided that the applicant has:

(i)

completed at least 50 hours of flight instruction on balloons; and

(ii)

in accordance with the procedures established for that purpose by the [F19 CAA], conducted at least one hour of flight instruction for the FI(B) certificate under the supervision and to the satisfaction of an FI(B) who is qualified in accordance with this subparagraph and nominated by the head of training of the ATO or the DTO.

(b)

The privileges listed in paragraph (a) shall include the privileges to conduct flight instruction for:

(1)

the issue of the relevant licence, privileges, ratings or certificate; and

(2)

the revalidation, renewal or compliance with the relevant recency requirements of this Annex, as applicable.

Textual Amendments

F19 Word in Annex 3 point BFCL.315(a)(4)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(4)(b)

BFCL.320 FI(B) – Prerequisites and requirements U.K.

Applicants for an FI(B) certificate shall:

(a)

be at least 18 years of age;

(b)

comply with the requirements of subparagraphs (a)(1)(i) and (a)(2) of point BFCL.300;

(c)

have completed 75 hours of balloon flight time as PIC;

(d)

have completed an instructor training course in accordance with point BFCL.330 at an ATO or a DTO; and

(e)

have passed an assessment of competence in accordance with point BFCL.345.

BFCL.325 FI(B) competencies and assessment U.K.

Applicants for an FI(B) certificate shall be trained to achieve the following competencies:

(a)

prepare resources;

(b)

create a climate conducive to learning;

(c)

present knowledge;

(d)

integrate threat and error management (TEM) and crew resource management (CRM);

(e)

manage time to achieve training objectives;

(f)

facilitate learning;

(g)

assess trainee performance;

(h)

monitor and review progress;

(i)

evaluate training sessions; and

(j)

report outcome.

BFCL.330 FI(B) – Training course U.K.

(a)

Applicants for an FI(B) certificate shall first pass a specific pre-entry assessment at an ATO or a DTO within the 12 months preceding the start of the training course, to assess his or her ability to take the course.

(b)

The FI(B) training course shall include at least:

(1)

the elements specified in point BFCL.325;

(2)

25 hours of teaching and learning;

(3)

12 hours of theoretical knowledge instruction, including progress tests; and

(4)

three hours of flight instruction, including three take-offs and landings.

(c)

Applicants who already hold an instructor certificate in accordance with Annex III (Part-SFCL) to Implementing Regulation (EU) 2018/1976 or with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 shall be fully credited towards the requirement in paragraph (b)(2).

BFCL.345 FI(B) – Assessment of competence U.K.

(a)

Applicants for the issue of an FI(B) certificate shall pass an assessment of competence on a balloon to demonstrate to an examiner qualified in accordance with point BFCL.415(c) the ability to instruct a student pilot to the level required for the issue of a BPL.

(b)

The assessment shall include:

(1)

the demonstration of the competencies described in point BFCL.325 during pre-flight, post-flight and theoretical knowledge instruction;

(2)

oral theoretical examinations on the ground, pre-flight and post-flight briefings, and in-flight demonstrations in the appropriate balloon class;

(3)

exercises adequate to evaluate the instructor’s competencies.

BFCL.360 FI(B) certificate – Recency requirements U.K.

(a)

An FI(B) certificate holder shall only exercise the privileges of his or her certificate if he or she has completed:

(1)

within the last three years before the planned exercise of those privileges:

(i)

instructor refresher training at an ATO, a DTO, or [F20 the CAA] during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for balloon instructors;

(ii)

at least 6 hours of flight instruction in balloons as FI(B); and

(2)

within the last nine years and in accordance with the procedures established for that purpose by the [F21 CAA], one instruction flight on a balloon as FI(B) under the supervision and to the satisfaction of an FI(B) who is qualified in accordance with point BFCL.315(a)(4) and nominated by the head of training of an ATO or a DTO.

(b)

The hours flown as an FE(B) during skill tests, proficiency checks or assessments of competence shall be fully credited towards the requirement in paragraph (a)(1)(ii).

(c)

If an FI(B) certificate holder has failed to complete the instruction flight under supervision to the satisfaction of the FI(B) in accordance with paragraph (a)(2), he or she shall not exercise the privileges of the FI(B) certificate until he or she has successfully completed an assessment of competence in accordance with point BFCL.345.

(d)

To resume the exercise of the privileges of the FI(B) certificate, an FI(B) certificate holder who does not comply with all the requirements of paragraph (a) shall comply with the requirement of paragraph (a)(1)(i) and of point BFCL.345.

Textual Amendments

F20 Words in Annex 3 point BFCL.360(a) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(4)(c)(i)

F21 Word in Annex 3 point BFCL.360(a) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(4)(c)(ii)

SUBPART FE FLIGHT EXAMINERS U.K.

Section 1 U.K. General requirements

BFCL.400 Balloon flight examiner certificates U.K.

(a) General U.K.

An examiner shall only carry out skill tests, proficiency checks or assessments of competence in accordance with this Annex if he or she:

(1)

holds:

(i)

a BPL including privileges, ratings and certificates for which he or she is authorised to conduct skill tests, proficiency checks or assessments of competence, and the privileges to instruct for them;

(ii)

an FE(B) certificate including privileges appropriate to the skill test, proficiency check or assessment of competence conducted, issued in accordance with this Subpart;

(2)

is entitled to act as PIC in a balloon during the skill test, proficiency check or assessment of competence.

(b) Examinations conducted outside the [F22 United Kingdom] U.K.

(1)

By way of derogation from paragraph (a)(1), in the case of skill tests and proficiency checks performed outside the [F23 United Kingdom, the CAA] shall issue an examiner certificate to an applicant who holds a balloon pilot licence that is compliant with Annex 1 to the Chicago Convention, provided that the applicant:

(i)

holds at least a licence including, where relevant, privileges, ratings, or certificates equivalent to those for which he or she is authorised to conduct skill tests or proficiency checks;

(ii)

complies with the requirements established in this Subpart for the issue of the relevant examiner certificate;

(iii)

demonstrates to the [F24 CAA] an adequate level of knowledge of [F25 United Kingdom] aviation safety rules to be able to exercise examiner privileges in accordance with this Annex.

(2)

The certificate referred to in subparagraph (1) shall be limited to performing skill tests and proficiency checks:

(i)

outside the [F26 United Kingdom]; and

(ii)

to a pilot who has sufficient knowledge of the language in which the test/check is provided.

Textual Amendments

F23 Words in Annex 3 point BFCL.400(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(a)(ii)(aa)

F24 Word in Annex 3 point BFCL.400(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(a)(ii)(bb)

F25 Words in Annex 3 point BFCL.400(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(a)(ii)(cc)

F26 Words in Annex 3 point BFCL.400(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(a)(iii)

Textual Amendments

F22 Word in Annex 3 point BFCL.400(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(a)(i)

BFCL.405 Limitation of privileges in case of vested interests U.K.

A balloon examiner shall not conduct:

(a)

a skill test or assessment of competence of an applicant for the issue of a licence, rating or certificate to whom he or she has provided more than 50 % of the required flight instruction for the licence, rating or certificate for which the skill test or assessment of competence is taken; or

(b)

a skill test, proficiency check or assessment of competence whenever he or she feels that his or her objectivity may be affected.

BFCL.410 Conduct of skill tests, proficiency checks and assessments of competence U.K.

(a)

When conducting skill tests, proficiency checks and assessments of competence, a balloon examiner shall do all of the following:

(1)

ensure that communication with the applicant can be established without language barriers;

(2)

verify that the applicant complies with all the qualification, training and experience requirements of this Annex for the issue, revalidation or renewal of the licence, privileges, rating or certificate for which the skill test, proficiency check or assessment of competence is taken; and

(3)

make the applicant aware of the consequences of providing incomplete, inaccurate or false information related to his or her training and flight experience.

(b)

After completion of the skill test, proficiency check or assessment of competence, the balloon examiner shall:

(1)

inform the applicant of the results of the skill test, proficiency check or assessment of competence;

(2)

in the event of a pass in an assessment of competence for the revalidation or renewal, endorse the new expiry date on the applicant’s licence or certificate, if specifically authorised for that purpose by the [F27 CAA];

(3)

provide the applicant with a signed report of the skill test, proficiency check or assessment of competence and submit without undue delay copies of the report to the [F28 CAA]. The report shall include:

(i)

a declaration that the balloon examiner has received information from the applicant regarding his or her experience and instruction, and found that experience and instruction comply with the applicable requirements of this Annex;

(ii)

confirmation that all the required manoeuvres and exercises have been completed, as well as information on the verbal theoretical knowledge examination, when applicable. If an item has been failed, the examiner shall record the reasons for this assessment;

(iii)

the results of the skill test, proficiency check or assessment of competence;

(iv)

F29 ...

(v)

F29 ...

(c)

The balloon examiner shall maintain the records for five years with details of all skill tests, proficiency checks and assessments of competence performed and their results.

(d)

Upon request by the [F30 CAA], the balloon examiner shall submit all records and reports, and any other information, as required, for oversight activities.

Textual Amendments

F27 Word in Annex 3 point BFCL.410(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(b)(i)

F28 Word in Annex 3 point BFCL.410(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(b)(ii)(aa)

F29 Words in Annex 3 point BFCL.410(b) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(b)(ii)(bb)

F30 Word in Annex 3 point BFCL.410(d) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(c)

Section 2 U.K. Flight examiner certificate for balloons – FE(B)

BFCL.415 FE(B) certificate – Privileges and conditions U.K.

Subject to compliance of the applicant with point BFCL.420 and with the following conditions, an FE(B) certificate shall be issued upon application with privileges to conduct:

(a)

skill tests and proficiency checks for the BPL and skill tests for the extension of the privileges to another balloon class, provided that the applicant has completed 250 hours of flight time as pilot on balloons, including 50 hours of flight instruction covering the full syllabus of a BPL training course;

(b)

skill tests and proficiency checks for the commercial operation rating as specified in point BFCL.215, provided that the applicant complies with the experience requirements set out in paragraph (a) and has received specific training during an examiner standardisation course in accordance with point BFCL.430;

(c)

assessments of competence for the issue of an FI(B) certificate, provided that the applicant has:

(1)

completed 350 hours of flight time as pilot on balloons, including 5 hours of instruction to an applicant for the FI(B) certificate;

(2)

received specific training during an examiner standardisation course in accordance with point BFCL.430.

BFCL.420 FE(B) certificate – Prerequisites and requirements U.K.

Applicants for an FE(B) certificate shall:

(a)

comply with the requirements of subparagraphs (a)(1)(i) and (2) of point BFCL.400;

(b)

have completed the FE(B) standardisation course in accordance with point BFCL.430;

(c)

have completed an assessment of competence in accordance with point BFCL.445;

(d)

demonstrate relevant background related to the privileges of the FE(B) certificate; and

(e)

demonstrate that he or she has not been subject to any sanctions, including the suspension, limitation or revocation of any of his or her licences, ratings or certificates issued in accordance with this Annex, with Annex I (Part-FCL) to Regulation (EU) No 1178/2011, or with Annex III (Part-SFCL) to Implementing Regulation (EU) 2018/1976, for non-compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts during the last three years.

BFCL.430 FE(B) certificate – Standardisation course U.K.

(a)

Applicants for an FE(B) certificate shall take a standardisation course which is provided either by [F31 the CAA] or by an ATO or a DTO and approved by [F32 the CAA].

(b)

The standardisation course shall be tailored to the balloon flight examiner privileges sought and shall consist of theoretical and practical instruction, including, at least:

(1)

the conduct of at least one skill test, proficiency check or assessment of competence for the BPL or associated ratings or certificates;

(2)

instruction on the applicable requirements of this Annex and the applicable air operations requirements, the conduct of skill tests, proficiency checks and assessments of competence, and their documentation and reporting;

(3)

a briefing on the following:

(i)

national administrative procedures;

(ii)

requirements for the protection of personal data;

(iii)

examiner’s liability;

(iv)

examiner’s accident insurance; [F33 and]

(v)

national fees; F34 ...

(vi)

F35 ...

(c)

F36 ...

Textual Amendments

F31 Words in Annex 3 point BFCL.430 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(d)(i)(aa)

F32 Words in Annex 3 point BFCL.430 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(d)(i)(bb)

F33 Word in Annex 3 point BFCL.430(b)(3) inserted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(d)(ii)(aa)

F34 Word in Annex 3 point BFCL.430(b)(3) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(d)(ii)(bb)

F35 Words in Annex 3 point BFCL.430(b)(3) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(d)(ii)(cc)

F36 Annex 3 point BFCL.430(c) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(d)(iii)

BFCL.445 FE(B) certificate – Assessment of competence U.K.

An applicant for the initial issue of an FE(B) certificate shall demonstrate his or her competences as an FE(B) to an inspector from the [F37 CAA] or to a senior examiner specifically authorised to do so by the [F38 CAA]. During the assessment of competence, the applicant shall conduct a skill test, proficiency check or assessment of competence, including briefing, conduct of the skill test, proficiency check or assessment of competence, and assessment of the person to whom the test, check or assessment is given, debriefing and recording documentation.

Textual Amendments

F37 Word in Annex 3 point BFCL.445 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(e)(i)

F38 Word in Annex 3 point BFCL.445 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(e)(ii)

BFCL.460 FE(B) certificate – Validity, revalidation and renewal U.K.

(a)

An FE(B) certificate shall be valid for five years.

(b)

An FE(B) certificate shall be revalidated if its holder has:

(1)

during the validity period of the FE(B) certificate, completed an examiner refresher course which is provided either by the [F39 CAA] or by an ATO or a DTO and approved by [F40 the CAA], during which the holder shall receive theoretical knowledge instruction for refreshing and updating the knowledge relevant for balloon examiners; and

(2)

within the last 24 months preceding the end of the validity period of the certificate, conducted one skill test, proficiency check or assessment of competence under the supervision and to the satisfaction of an inspector from the [F41 CAA] or an examiner specifically authorised to do so by the [F42 CAA].

(c)

An FE(B) certificate holder who also holds one or more examiner certificates for other aircraft categories in accordance with Annex I (Part-FCL) to Regulation (EU) No 1178/2011 or with Annex III (Part-SFCL) to Implementing Regulation (EU) 2018/1976 may achieve combined revalidation of all examiner certificates held, in agreement with the [F43 CAA].

(d)

If an FE(B) certificate has expired, its holder shall comply with the requirements of paragraph (b)(1) and of point BFCL.445 before he or she can resume the exercise of the privileges of the FE(B) certificate.

(e)

An FE(B) certificate shall only be revalidated or renewed if the applicant demonstrates continued compliance with the requirements of point BFCL.410 as well as with the requirements of point BFCL.420(d) and (e).]

Textual Amendments

F39 Word in Annex 3 point BFCL.460(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(f)(i)(aa)

F40 Words in Annex 3 point BFCL.460(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(f)(i)(bb)

F41 Word in Annex 3 point BFCL.460(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(f)(ii)(aa)

F42 Word in Annex 3 point BFCL.460(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(f)(ii)(bb)

F43 Word in Annex 3 point BFCL.460(c) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 84(5)(g)