In accordance with Article 3, this Subpart establishes the requirements to be met by any operator of balloons, other than the design or production organisations referred to in the second subparagraph of Article 3(1).
F1...
Textual Amendments
F1Annex 2 point BOP.BAS 005 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(2); 2020 c. 1, Sch. 5 para. 1(1)
[F2An operator shall, when so requested by the [F3CAA], demonstrate compliance with the essential requirements set out in Annex V to Regulation (EU) 2018/1139 and with the requirements of this Regulation.]
The operator shall use either of the following means to demonstrate such compliance:
acceptable means of compliance (AMC);
alternative means of compliance (AltMoC).
Textual Amendments
F2Substituted 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).
F3Word in Annex 2 point BOP.BAS.010(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(3) (as amended by S.I. 2020/1116, regs. 1(3), 50); 2020 c. 1, Sch. 5 para. 1(1)
Introductory flights shall be:
operated under visual flight rules (VFR) by day; and
overseen as regards their safety by a person who has been nominated by the organisation performing the introductory flights.
The operator shall implement:
safety measures mandated by the [F4CAA] in accordance with paragraph (c) of point ARO.GEN.135 of Annex II (Part-ARO) to Regulation (EU) No 965/2012; and
airworthiness directives and other mandatory information issued by the [F5CAA] in accordance with paragraph (h) of Article 77(1) of Regulation (EU) 2018/1139.]
Textual Amendments
F4Word in
Annex 2 point BOP.BAS.020 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in
Annex 2 point BOP.BAS.020 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
The operator shall designate a pilot-in-command who is qualified to act as pilot-in-command in accordance with Annex III (Part-BFCL) to this Regulation.]
The pilot-in-command shall:
be responsible for the safety of the balloon and of any person or property carried therein during balloon operations;
be responsible for the initiation, continuation or termination of a flight in the interest of safety;
ensure that all applicable operational procedures and checklists are complied with;
only commence a flight if he or she is satisfied that all operational limitations are complied with, as follows:
the balloon is airworthy;
the balloon is duly registered;
instruments and equipment required for the execution of the flight are carried on board the balloon and are operative;
the mass of the balloon is such that the flight can be conducted within the limits defined by the AFM;
all equipment and baggage are properly loaded and secured; and
the operating limitations of the balloon as specified in the AFM will not be exceeded at any time during the flight;
ensure that the pre-flight inspection has been carried out as required by Annex I to Commission Regulation (EU) No 1321/2014(1);
be responsible for the pre-flight briefing of persons assisting in the inflation and deflation of the envelope;
ensure that persons assisting in the inflation and deflation of the envelope wear appropriate protective clothing;
be satisfied that relevant emergency equipment remains easily accessible for immediate use;
ensure that no person is smoking on board or within the direct vicinity of the balloon;
not allow a person to be carried in the balloon who appears to be under the influence of psychoactive substances to the extent that the safety of the balloon or of any person or property carried therein is likely to be endangered;
remain during flight in control of the balloon at all times except if another pilot is taking the controls;
take any action in an emergency situation that requires immediate decision and action which he or she considers necessary under the circumstances. In such cases he or she may deviate from rules, operational procedures and methods to the extent necessary in the interest of safety;
not continue a flight beyond the nearest weather-permissible operating site when his or her capacity to perform his or her duties is significantly reduced because of sickness, fatigue, lack of oxygen or any other cause;
record utilisation data and all known or suspected defects in the balloon at the termination of the flight, or series of flights, in the balloon logbook;
notify the safety investigation authority of the State in the territory of which the occurrence took place and the emergency services of that State without delay by the quickest available means of any serious incident or accident involving the balloon;
submit a report of an act of unlawful interference without delay to the [F6CAA] and inform the local authority designated by the State in the territory of which the unlawful interference took place; and
report to the appropriate air traffic services (ATS) unit, without delay, any hazardous weather or flight conditions encountered that are likely to affect the safety of other aircraft.
The pilot-in-command shall not perform duties on a balloon in one of the following situations:
when he or she is incapacitated from performing his or her duties by any cause, including injury, sickness, medication, fatigue or the effects of any psychoactive substance, or feels otherwise unfit;
if applicable medical requirements are not fulfilled.
Whenever crew members are involved in the operation of the balloon, the pilot-in-command shall:
ensure that during critical phases of flight or whenever deemed necessary in the interest of safety, all crew members are at their assigned stations and do not perform any activities other than those required for the safe operation of the balloon;
not commence a flight if any crew member is incapacitated from performing his or her duties by any cause, including injury, sickness, medication, fatigue or the effects of any psychoactive substance, or feels otherwise unfit;
not continue a flight beyond the nearest weather-permissible operating site when any crew member's capacity to perform duties is significantly reduced because of sickness, fatigue or lack of oxygen or any other cause; and
ensure that all crew members can communicate with each other in a common language.
Textual Amendments
F6Word in Annex 2 point BOP.BAS.030 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(5); 2020 c. 1, Sch. 5 para. 1(1)
The pilot-in-command shall have the authority to:
give all commands and take any appropriate actions for the purpose of ensuring the safety of the balloon and of any person or property carried therein; and
refuse embarkation or carriage of any person or baggage that may represent a potential hazard to the safety of the balloon or of any person or property carried therein.
Any crew member shall be responsible for the proper execution of his or her duties in respect of the operation of the balloon.
Crew members shall not perform duties on a balloon when incapacitated by any cause, including injury, sickness, medication, fatigue or the effects of any psychoactive substance, or if he or she feels otherwise unfit.
Crew members shall report to the pilot-in-command both of the following:
any fault, failure, malfunction or defect, which he or she believes may affect the airworthiness or safe operation of the balloon, including emergency systems;
any incident.
Any flight crew member who undertakes duties for more than one operator shall:
maintain his or her individual records regarding flight times and rest periods, if applicable; and
provide each operator with the data needed to schedule activities in accordance with the applicable flight and duty time limitations and rest requirements.
The pilot-in-command and all other crew members shall comply with the laws, regulations and procedures of those States where operations are conducted.
The pilot-in-command shall be familiar with the laws, regulations and procedures, pertinent to the performance of his or her duties, prescribed for the areas to be traversed, the operating sites to be used and the related air navigation facilities.
All of the following documents, manuals and information shall be carried on each flight, as originals or copies:
the operating limitations, normal, abnormal and emergency procedures and other relevant information specific to the balloon's operating characteristics;
details of the filed ATS flight plan, when required in accordance with Section 4 of the Annex to Commission Implementing Regulation (EU) No 923/2012(2);
current and suitable aeronautical charts for the area of the intended flight.
All of the following documents, manuals and information shall be carried on each flight or shall be stowed in the retrieve vehicle, as originals or copies:
the certificate of registration;
the certificate of airworthiness, including the annexes;
the AFM or equivalent document(s);
the aircraft radio licence, where the balloon is equipped with radio communication equipment in accordance with point (a) of point BOP.BAS.355;
the third party liability insurance certificate(s);
the balloon logbook or equivalent document(s);
any other documentation that may be pertinent to the flight or is required by the State or States concerned with the flight.
When requested by the [F7CAA], the pilot-in-command or the operator shall make available to that authority the original documentation within the time period specified by the authority which shall not be less than 24 hours.
Textual Amendments
F7Word in Annex 2 point BOP.BAS.050 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(5); 2020 c. 1, Sch. 5 para. 1(1)
The transport of dangerous goods on board the balloon shall be conducted in accordance with the requirements set out in Annex 18 to the Chicago Convention, as last amended and amplified by the technical instructions.
The pilot-in-command shall take all reasonable measures to prevent dangerous goods from being carried on board the balloon inadvertently.
Reasonable quantities of articles and substances that would otherwise be classified as dangerous goods and that are used to facilitate flight safety, where carriage on board the balloon is advisable to ensure their timely availability for operational purposes, shall be considered authorised under point 2.2.1(a) of Part 1 of the technical instructions, regardless of whether or not such articles and substances are required to be carried or intended to be used in connection with a particular flight. The pilot-in-command shall ensure that the packing and loading on board the balloon of those articles and substances is performed in such a way as to minimise the risks posed to crew members, passengers and the balloon during operation.
The pilot-in-command or, when the pilot-in-command is incapacitated, the operator shall report without delay any accidents or incidents involving dangerous goods to the safety investigation authority of the State in the territory of which the occurrence took place, the emergency services of that State, any other authority designated by that State and the [F8CAA].
Textual Amendments
F8Word in Annex 2 point BOP.BAS.055 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1098), regs. 1(2), 18(5); 2020 c. 1, Sch. 5 para. 1(1)
The pilot-in-command shall not release dangerous goods when operating a balloon over congested areas of cities, towns or settlements or over an open-air assembly of persons.
Notwithstanding point (a), parachutists may exit the balloon for the purpose of parachute display over those congested areas or over that open-air assembly of persons whilst carrying smoke trail devices that were manufactured for that purpose.
For each flight, or series of flights, particulars of the balloon, its crew and each journey shall be retained in the form of a balloon logbook or an equivalent document.
The pilot-in-command shall only use operating sites that are adequate for the type of balloon and operation concerned.
The pilot-in-command shall take into account operating procedures to minimise the effect of heating-system noise, while ensuring however that safety has priority over noise abatement.
The pilot-in-command shall only commence a flight if the reserve fuel or ballast carried on board the balloon is sufficient to ensure a safe landing.
The pilot-in-command shall ensure that before and, when appropriate, during the flight passengers are given a briefing on normal, abnormal and emergency procedures.
The pilot-in-command shall ensure that persons requiring special conditions, assistance or devices when carried on board a balloon are carried under conditions that ensure the safety of the balloon and of any persons or property carried therein.
If an air traffic service (ATS) flight plan is not submitted because it is not required in accordance with point (b) of point SERA.4001 of the Annex to Implementing Regulation (EU) No 923/2012, the pilot-in-command shall submit adequate information in order to permit alerting services to be activated if required.
When operating from an operating site where it is impossible to submit an ATS flight plan, although required in accordance with point (b) of point SERA.4001 of the Annex to Implementing Regulation (EU) No 923/2012, the pilot-in-command shall submit the ATS flight plan after take-off.
Before commencing the flight, the pilot-in-command shall be familiar with the available meteorological and aeronautical information appropriate to the intended flight which includes both of the following:
a study of available current weather reports and forecasts;
the planning of an alternative course of action to provide for the eventuality that the flight cannot be completed as planned.
No person shall smoke on board a balloon during any phase of flight or within the direct vicinity of a balloon.
The pilot-in-command shall ensure that no person carries and uses a weapon on board the balloon.
By way of derogation from point (a), the pilot-in-command may permit the carriage and use of weapons on board the balloon when required for the safety of the crew members or the passengers. In such cases the pilot-in-command shall ensure that the weapons are secured when not in use.
The pilot-in-command shall only commence or continue a VFR flight if the latest available meteorological information indicates that the weather conditions along the route and at the intended destination at the estimated time of use are as follows:
at or above the applicable VFR operating minima; and
within the meteorological limitations specified in the AFM.
The pilot-in-command shall be satisfied before commencing take-off of the balloon that, according to the latest available information, the weather at the operating site permits a safe take-off and departure.
Except in emergency situations, the pilot-in-command shall be satisfied before commencing an approach to land that, according to the latest available information, the conditions at the intended operating site permit a safe approach and landing.
The pilot-in-command shall not simulate situations that require the application of abnormal or emergency procedures when carrying passengers.
By way of derogation from point (a), the pilot-in-command may simulate such situations, during operations other than commercial operations of the balloon, when conducting training flights either with student pilots or with passengers, provided that the passengers have been duly informed and agreed to the simulation in advance.
The pilot-in-command shall check at regular intervals during the flight that the amount of usable fuel or ballast remaining in flight is not less than the fuel or ballast needed to complete the intended flight and the reserve planned for landing.
Refuelling of balloons shall not be conducted when persons are on board.
By derogation from point (a), refuelling the engine of hot-air airships may be conducted with the pilot-in-command on board.
When a restraint system is required in accordance with point BOP.BAS.320, the pilot-in-command shall wear the system at least during landing.
The pilot-in-command shall ensure that:
all crew members engaged in performing duties essential to the safe operation of the balloon use supplemental oxygen continuously whenever he or she determines that, at the altitude of the intended flight, the lack of oxygen might result in impairment of the faculties of crew members; and
supplemental oxygen is available to passengers when lack of oxygen might harmfully affect them.
Hot-air balloons:
shall not land during night, except in emergency situations; and
may take off during night, provided that sufficient fuel or ballast is carried for a landing during day.
Gas balloons and mixed balloons:
shall not land during night, except in emergency situations or as a precautionary landing; and
may take off during night, provided that sufficient fuel or ballast is carried for a landing during day.
Hot-air airships shall be operated in accordance with their approved VFR night operating limitations and information.
Before commencing a balloon specialised operation, the pilot-in-command shall conduct a risk assessment, assessing the complexity of the activity in order to determine the hazards and associated risks of the intended operation and establish mitigating measures where necessary.
A balloon specialised operation shall be performed in accordance with a checklist. The pilot-in-command shall establish that checklist and ensure that it is appropriate to the specialised activity and balloon used, based on the risk assessment and taking account of all requirements set out in this Subpart. The checklist shall be readily accessible on each flight to the pilot-in-command and other crew members, where it is relevant for the performance of their duties.
The pilot-in-command shall regularly review and update the checklist where necessary in order to adequately take account of the risk assessment.
The pilot-in-command shall ensure that, during any phase of operation, the balloon is not exceeding any of the limitations set out in the AFM or equivalent document(s).
The weighing of the balloon shall be accomplished by the manufacturer of the balloon or in accordance with Annex I to Regulation (EU) No 1321/2014.
The operator shall ensure that the mass of the balloon has been established by actual weighing prior to its initial entry into service. The accumulated effects of modifications and repairs on the mass shall be accounted for and properly documented. Such information shall be made available to the pilot-in-command. The balloon shall be reweighed if the effects of modifications or repairs on the mass are not known.
The pilot-in-command shall only operate the balloon if the performance of the balloon is adequate to comply with the requirements set out in the Annex to Implementing Regulation (EU) No 923/2012 and any other restrictions applicable to the flight, the airspace or operating sites used, ensuring that any charts or maps used are the latest available edition.
Instruments and equipment required by this Section shall be approved in accordance with Annex I to Regulation (EU) No 748/2012 if one of the following conditions is fulfilled:
they are used to comply with points BOP.BAS.355 and BOP.BAS.360;
they are permanently installed in the balloon.
By way of derogation from point (a), all of the following instruments or equipment, when required by this Section, shall not need an approval:
instruments or equipment used by the flight crew to determine the flight path;
independent portable lights;
an accurate time piece;
first-aid kit;
survival and signalling equipment;
supplemental oxygen storage and dispensing apparatus;
alternative source of ignition;
fire blanket or fire-resistant cover;
hand fire extinguisher;
drop line;
knife.
[F2Instruments and equipment not required by this Section, as well as any other equipment that is not required by this Annex but is carried on board a balloon during a flight, shall comply with the following two conditions:
the information provided by those instruments or equipment shall not be used by the flight crew to comply with the essential requirements for airworthiness set out in Annex II to Regulation (EU) 2018/1139;
the instruments and equipment shall not affect the airworthiness of the balloon, even in the case of failures or malfunction.]
Instruments and equipment shall be readily operable or accessible from the station where the flight crew member that needs to use it is assigned.
All required emergency equipment shall be easily accessible for immediate use.
A balloon flight shall not be commenced when any of the instruments and equipment required for the intended flight with the balloon are missing, inoperative or do not fulfil the required functions.
Balloons operated at night shall be equipped with all of the following:
an anti-collision light;
a means to provide adequate illumination for all instruments and equipment essential to the safe operation of the balloon;
an independent portable light.
Balloons operated under VFR by day shall be equipped with both of the following:
a means of displaying drift direction;
a means of measuring and displaying:
time in hours, minutes and seconds;
vertical speed, if required by the AFM; and
pressure altitude, if required by the AFM, when required by airspace requirements or when the altitude needs to be known for the use of oxygen.
Balloons shall be equipped with a restraint system for the pilot-in-command when the balloon is equipped with one of the following:
a separate compartment for the pilot-in-command;
turning vent(s).
Balloons operated when an oxygen supply is required in accordance with point BOP.BAS.180 shall be equipped with oxygen storage and dispensing apparatus capable of storing and dispensing the required oxygen supplies.
Balloons shall be equipped with a first-aid kit.
The first-aid kit shall be:
readily accessible for use; and
kept up-to-date.
Except for gas balloons, balloons shall be equipped with at least one hand fire extinguisher.
The pilot-in-command of a balloon operated over water shall determine, before commencing the flight, the risks to survival of the persons carried in the balloon in the event of ditching. In light of those risks, he or she shall determine whether there is need to carry life-saving and signalling equipment.
Balloons operated over areas in which search and rescue (SAR) would be especially difficult shall be equipped with such life-saving and signalling equipment as appropriate to the area overflown.
Balloons shall be equipped with protective gloves for each crew member.
Mixed balloons, hot-air balloons and hot-air airships shall be equipped with all of the following:
an alternative and independent source of ignition;
a means of measuring and indicating fuel quantity;
a fire blanket or fire-resistant cover;
a drop line of at least 25 m in length.
Gas balloons shall be equipped with both of the following:
a knife;
a trail rope of at least 20 m in length made of natural fibre or electrostatic, conductive material.
Balloons shall have radio communication equipment to allow for the communication required in accordance with appendix 4 to the Annex to Implementing Regulation (EU) No 923/2012 and, if the flight takes place in the airspace of a third country, the law of that third country.
The radio communication equipment shall provide for communication on the aeronautical emergency frequency 121,5 MHz.
Balloons shall have a secondary surveillance radar (SSR) transponder with all the capabilities required in accordance with point (b) of point SERA.6005 of the Annex to Implementing Regulation (EU) No 923/2012 and, if the flight takes places in airspace of a third country, the law of that third country.
Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).
Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1).