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.