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Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons as well as for the flight crew licensing for balloons pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council
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There are currently no known outstanding effects for the Commission Regulation (EU) 2018/395, Division SUBPART BPL .
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The privileges of a BPL holder are to act as PIC in balloons:
without remuneration in non-commercial operations;
in commercial operations if he or she holds a commercial operation rating in accordance with point BFCL.215 of Subpart ADD of this Annex.
By way of derogation from paragraph (a)(1), a BPL holder who has instructor or examiner privileges may receive remuneration for:
the provision of flight instruction for the BPL;
the conduct of skill tests and proficiency checks for the BPL;
the training, testing and checking for the privileges, ratings and certificates attached to a BPL.
BPL holders shall exercise BPL privileges only if they comply with the applicable recency requirements and only if their medical certificate [F2or medical declaration], appropriate to the privileges exercised, is valid.
Textual Amendments
F2Words 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)
Applicants for a BPL shall be at least 16 years of age.
Student pilots shall not fly solo unless authorised to do so and supervised by a flight instructor for balloons (FI(B)).
Student pilots shall be at least 14 years of age to be allowed on solo flights.
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:
theoretical knowledge as specified in point BFCL.135(a);
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:
12 hours of dual flight instruction;
10 inflations and 20 take-offs and landings; and
One supervised solo flight with a flight time of at least 30 minutes.
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:
common subjects:
air law;
human performance;
meteorology;
communications; and
specific subjects concerning balloons:
principles of flight;
operational procedures;
flight performance and planning;
aircraft general knowledge related to balloons; and
navigation.
Responsibilities of the applicant
F3...
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.
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.
Pass standards
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.
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.
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.
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.
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
F3Annex 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)
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:
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
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).
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.
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.
To take a skill test for the issue of a BPL, the applicant shall first pass the required theoretical knowledge examination.
Pass standards
The skill test shall be divided into different sections, representing all the different phases of a balloon flight.
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.
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.
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.
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.
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:
two instruction flights with an FI(B) on a balloon of the relevant group;
the following amount of hours of flight time as PIC on balloons:
at least 100 hours, if privileges for group B balloons are sought;
at least 200 hours, if privileges for group C balloons are sought;
at least 300 hours, if privileges for group D balloons are sought.
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:
a training course at an ATO or a DTO, including at least:
five dual instructional flights; or
in the case of an extension from hot-air balloons to hot-air airships, five hours of dual instruction time; and
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:
principles of flight;
operational procedures;
flight performance and planning;
aircraft general knowledge with regard to the balloon class for which the extension of privileges is sought.
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:
in the case of paragraph (b)(1), the instructor who is responsible for the instruction flights; and
in the case of paragraph (c)(1), the head of training of the ATO or of the DTO that is responsible for the training.
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.
A BPL holder shall only exercise the privileges of his or her licence if he or she has completed in the relevant balloon class:
either:
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
within the last 48 months before the planned flight, at least one training flight with an FI(B); or
within the last 24 months before the planned flight, a proficiency check in accordance with point (c).
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.
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.
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:
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
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.
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).
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:
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
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).]
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