{"id":"F2005B00858","name":"Civil Aviation Order 40.2.2 - Night V.F.R. rating & night V.F.R. agricultural ratings (02/12/2004)","slug":"civil-aviation-order-40-2-2-night-v-f-r-rating-night-v-f-r-agricultural-ratings-02-12-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32253,"registerId":"commonwealth-F2005B00858-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Order 40.2.2 - Night V.F.R. rating & night V.F.R. agricultural ratings (02/12/2004)","content":"Civil Aviation Amendment Order (No. R35) 2004 \nas amended\n\nmade under regulations 5.14, 5.16 and 5.18 of the Civil Aviation Regulations 1988.\n\nThis compilation was prepared on 19 January 2015 taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).\n\nPrepared by the Legislative Drafting Section, Legal Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.\n\n1 Name of Order\n\nThis Order is the Civil Aviation Amendment Order (No. R35) 2004.\n\n2 Commencement\n\nThis Order commences on gazettal.\n\n3 Replacement of section 40.2.2 of the Civil Aviation Orders\n\nSection 40.2.2 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 40.2.2 of the Civil Aviation Orders\n\nSection 40.2.2\n\nBalloon grade of night V.F.R. rating\n\n1 Application\n\n1.1For the purposes of subregulation 5.14 (1):\n\n(a) the flight tests that must be passed; and\n\n(b) the other requirements that must be satisfied;\n\nfor the issue of a balloon grade of night V.F.R rating are set out in subsections 5 and 6 and paragraph 7.2.\n\n2 Interpretation\n\n2.2A reference in this section to a regulation or subregulation identified by a numerical code (for example, 5.18 or 5.14 (1)) is a reference to the regulation or subregulation in the Civil Aviation Regulations 1988 identified by that code.\n\n4 Duration\n\n4.1For the purposes of subregulation 5.17 (3), a night V.F.R. rating remains in force until the holder of the rating no longer holds a flight crew licence.\n\n5 Aeronautical knowledge\n\n5.1Before undertaking a flight test required by subsection 7, an applicant for a balloon grade of night V.F.R. rating must pass an examination conducted or set by CASA or an approved pilot.\n\n5.2A person must not attempt an examination mentioned in paragraph 5.1 unless the person satisfies the requirements of subsection 6.\n\n6 Aeronautical experience — night V.F.R. rating\n\n6.4An applicant for a balloon grade of night V.F.R. rating must:\n\n(a) hold a commercial pilot (balloon) licence; and\n\n(b) satisfy the requirements set out in subsection 1A of Appendix I.\n\n7 Aeronautical skill\n\n7.2An applicant for a balloon grade of night V.F.R. rating must pass the flight test set out in subsection 2A of Appendix I.\n\n8 Authority given by rating\n\n8.2For the purposes of regulation 5.18:\n\n(a) the authority given by a balloon grade of night V.F.R. rating; and\n\n(b) the limitations on that authority; and\n\n(c) the flight tests that must be passed and other requirements that must be satisfied before that authority may be exercised;\n\nare set out in subsection 9, and in subsections 3 and 6 of Appendix I.\n\n9 Recent experience requirements\n\n9.1The holder of a night V.F.R. rating must not exercise the authority given by the rating unless he or she satisfies the requirements set out in subsection 5 of Appendix I.\n\nAppendix I\n\nNight V.F.R. rating\n\n1A Aeronautical experience — balloons\n\n1A.1 For the purposes of subparagraph 6.4 (b), the aeronautical experience must include:\n\n(a) at least 3 hours flight time as a pilot of a balloon that was flown at night; and\n\n(b) satisfactory completion of a course of training in accordance with paragraph 1A.2.\n\n1A.2 For the purposes of subparagraph 1A.1 (b), the course of training must include:\n\n(a) at least 3 flights at night with:\n\n(i) a person who holds a flight instructor (balloon) rating and a balloon grade of night V.F.R. rating; or\n\n(ii) an approved person; and\n\n(b) training in the aeronautical skills needed to control a balloon by reference to instruments.\n\n1A.3 CASA may approve a person for the purposes of sub-subparagraph 1A.2 (a) (ii).\n\n2A Flight test — balloons\n\n2A.1 An applicant for a balloon grade of night V.F.R. rating must satisfy CASA, an approved testing officer or an approved person that he or she can safely carry out the following manoeuvres:\n\n(a) take-off;\n\n(b) climb to 1 500 feet above the ground at nominated rate (20%);\n\n(c) level-off and maintain 100 feet for 5 minutes;\n\n(d) descend to 500 feet above the ground at nominated rate (20%);\n\n(e) level-off and maintain 50 feet for 2 minutes;\n\n(f) carry out necessary fuel management during night flight whilst maintaining height 100 feet;\n\n(g) carry out passenger management during night flight;\n\n(h) in surveyed area, descend to not more than 100 feet above the ground at a rate of not more than 100 feet per minute during the last 100 feet, for approach and overshoot to an emergency landing area.\n\n2A.2 The manoeuvre mentioned in sub-subparagraph 2A.1 (h) may be followed by either a landing or a climb to a height of at least 100 feet above the ground to continue the flight.\n\n3 Authority given by rating\n\nSubject to subsections 5 and 6, a balloon grade of night VFR rating authorises the holder of the rating to fly as pilot in command of balloons on aerial work, or charter, flights by night under the V.F.R.\n\n5 Recent experience requirements\n\nFor the purposes of paragraph 9.1, a balloon grade of night VFR rating does not authorise the holder of the rating to fly as pilot in command of a balloon by night unless, within the period of 1 year immediately before the day of the proposed flight, the holder has completed 1 or more of the following:\n\n(a) carried out at least 1 flight of at least 30 minutes duration of a balloon at night as pilot in command, as pilot acting in command under supervision or in dual flying; or\n\n(b) satisfactorily completed a balloon proficiency check that was conducted at night; or\n\n(c) passed a flight test that was conducted at night for the purpose of the issue of a balloon pilot licence, or the issue, or renewal, of a balloon pilot rating.\n\n6 Balloon grade of night V.F.R. rating — limitations on authority\n\n6.1 A balloon grade of night V.F.R. rating does not authorise the holder of the rating:\n\n(a) to land a balloon at night, unless he or she lands the balloon:\n\n(i) in the course of giving or receiving flying training; or\n\n(ii) in an emergency; or\n\n(b) to carry passengers in a particular class of balloon that is flying:\n\n(i) at night; and\n\n(ii) in charter operations;\n\nunless he or she has passed the flight test set out paragraph 2A.1 in a balloon of that class.\n\n7 Balloon grade of night V.F.R. rating — conditions\n\n7.1 For the purposes of regulation 11.068 of the Civil Aviation Safety Regulations 1998, it is a condition of each balloon grade of night V.F.R. rating that the holder of the grade of rating must not exercise the authority given by the grade of rating in a balloon unless the balloon:\\`\n\n(a) has at least 2 independent fuel systems; and\n\n(b) takes-off not more than 1 hour before first light; and\n\n(c) carries sufficient fuel to enable it to remain airborne until at least 1 hour after first light; and\n\n(d) carries at least 2 torches; and\n\n(e) carries a light that is capable of lighting sufficient ground for the balloon to be landed at night in an emergency.\n\n> Note\n\n> Note: s\n\n \n\n> Note: to Civil Aviation Order\n\n \n\n> Note: 40.2.2\n\n> Note 1\n\n> Note: The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 40.2.2 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Orders\n\n| Year andnumber | Date of notificationin Gazette/registration on FRLI | Date ofcommencement | Application, saving ortransitional provisions |\n| ------------------------------------------------------------------------ | --------------------------------------------------- | ----------------------- | --------------------------------------------- |\n| CAO 2004 No. R35 | 8 December 2004 (F2005B00858) | 8 December 2004 (s. 2) | |\n| CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) | FRLI 29 August 2014 (F2014L01177) | 1 September 2014 (s. 2) | Sections 3 and 31 (Table A) |\n\n```html\n

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

s. 40.2.2

rs. CAO 2004 No. R35

Heading

rs. F2014L01177

subs. 1

am. F2014L01177

subs. 2

am. F2014L01177

subs. 4

am. F2014L01177

subs. 5

rs. F2014L01177

subs. 6

am. F2014L01177

subs. 6A

rep. F2014L01177

subs. 7

am. F2014L01177

subs. 8

am. F2014L01177

subs. 9

am. F2014L01177

Appendix I

am. F2014L01177

Appendix II

rep. F2014L01177

\n```\n\nTable A Application, saving or transitional provisions\n\nSections 3 and 31 of Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) read as follows:\n\n3 Definitions\n\n(1)In this instrument:\n\ncontinued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).\n\nnew authorisation has the meaning given by regulation 202.261 of CASR 1998.\n\n(2)A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.\n\n> Note Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.\n\n31 Transitional — application of Civil Aviation Orders\n\nThe Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument replaces and consolidates the detailed requirements for a balloon grade of night VFR rating but remains focused on the same substantive purpose: defining training, testing, recency and equipment conditions to authorise night VFR balloon operations. Subsequent amendments recorded in the compilation adjust drafting, cross-references and some subsection content but do not materially broaden the instrument’s subject‑matter beyond licensing and safety conditions for night balloon operations (i.e. it did not expand into unrelated subject areas)."},"complexity_factors":["Moderate number of internal subsections and an Appendix with nested subparagraphs (e.g. Appendix I with 1A, 2A, 3, 5, 6, 7)","Multiple cross-references to other instruments and regulations (Civil Aviation Regulations 1988 regs 5.14, 5.16, 5.18 and CASR reg 11.068; references to subregulation 5.17(3))","Conditional rules and exceptions (e.g. night landing prohibition except for training/emergency; passenger carriage limited by class-specific flight-test requirement)","Temporal recency conditions and time-window rules (1 year recency; take-off no more than 1 hour before first light; fuel to 1 hour after first light)","Delegation and approval mechanics (CASA or approved persons to set/hold exams and approve instructors/testing officers)","Mix of competence requirements (exam, flight training, flight test) and equipment/operational conditions increases compliance dimensions"],"plain_english_summary":"This instrument replaces the rules for a balloon night VFR rating, prescribing required exams, night flight training and tests, recency, and specific equipment and operational limits for night balloon operations. It mainly affects balloon pilots (applicants and current holders), instructors/testers, operators and CASA. It raises safety standards for night flight but imposes training, equipment and operational costs and some commercial constraints (passengers, landings, eligible balloons)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original Order (as indicated by the title and amendment history) appears to have covered both general night V.F.R. ratings and night V.F.R. agricultural ratings across multiple aircraft categories. The 2014 amendments repealed Appendix II entirely and removed subsection 6A, narrowing the scope to focus specifically on the balloon grade of night V.F.R. rating. The agricultural rating provisions and likely other aircraft categories have been stripped out, leaving this as a balloon-specific instrument."},"complexity_factors":["Moderate cross-referencing to Civil Aviation Regulations 1988 (regs 5.14, 5.16, 5.18) and Civil Aviation Safety Regulations 1998 (reg 11.068)","Nested structure with main sections, subsections, and an Appendix I with its own numbered subsections (1A, 2A, etc.)","Multiple conditional limitations: landing restrictions, passenger restrictions, equipment requirements, and recent experience requirements all operate as exceptions to the general authority","Defined terms used but not extensively defined within the Order itself (relies on external regulations)","Practical flight test requirements specify precise tolerances (e.g., ±20% of nominated rate, ±100 feet for 5 minutes)","Transitional provisions in Table A reference the complex 'continued authorisation'/'new authorisation' framework under CASR 1998"],"plain_english_summary":"**What this legislation does**\n\nThis Order sets out the rules for getting and keeping a **night V.F.R. (Visual Flight Rules) rating for balloon pilots** — a special qualification that lets commercial balloon pilots fly after dark.\n\n**Who it affects**\n\n- **Balloon pilots** who want to fly at night for commercial purposes (aerial work or charter flights)\n- **Flight instructors** and **approved testing officers** who conduct training and assessments\n- **CASA** (the Civil Aviation Safety Authority), which approves people and oversees the system\n\n**What you need to get the rating**\n\n- Hold a **commercial pilot (balloon) licence** already\n- Pass a **theory exam** on night flying knowledge\n- Complete **3 hours of night flight time** in a balloon\n- Do **3 night flights** with a qualified instructor (or CASA-approved person), including training on flying by instruments (not just by looking outside)\n- Pass a **practical flight test** showing you can safely take off, climb, level off, descend, manage fuel, handle passengers, and perform emergency procedures at night\n\n**What the rating lets you do**\n\n- Fly as **pilot in command** of balloons at night for aerial work or charter flights\n- **But with important limits:**\n - You **cannot land at night** unless it's an emergency or you're in training\n - You **cannot carry passengers on charter flights** at night unless you've passed the flight test in that specific type of balloon\n - The balloon must have **2 independent fuel systems**, enough fuel to stay up until 1 hour after sunrise, at least **2 torches**, and an emergency landing light\n - You must take off **no more than 1 hour before first light** (dawn)\n\n**Keeping the rating current**\n\nTo use the rating, within the last year you must have done **one of the following:**\n- At least **30 minutes of night flying** (as pilot in command, supervised, or with an instructor); or\n- Passed a **night proficiency check**; or\n- Passed a **night flight test** for a licence or rating\n\n**Why it matters**\n\nNight balloon flying is risky — you can't see terrain or weather as well, and landing is particularly dangerous in the dark. These rules ensure only properly trained, experienced, and recently active pilots can do it, with strict safety equipment requirements to protect passengers and people on the ground."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-order-40-2-2-night-v-f-r-rating-night-v-f-r-agricultural-ratings-02-12-2004","history":"/api/acts/civil-aviation-order-40-2-2-night-v-f-r-rating-night-v-f-r-agricultural-ratings-02-12-2004/history","analysis":"/api/acts/civil-aviation-order-40-2-2-night-v-f-r-rating-night-v-f-r-agricultural-ratings-02-12-2004/analysis","conflicts":"/api/acts/civil-aviation-order-40-2-2-night-v-f-r-rating-night-v-f-r-agricultural-ratings-02-12-2004/conflicts","importantCases":"/api/acts/civil-aviation-order-40-2-2-night-v-f-r-rating-night-v-f-r-agricultural-ratings-02-12-2004/important-cases","documents":"/api/acts/civil-aviation-order-40-2-2-night-v-f-r-rating-night-v-f-r-agricultural-ratings-02-12-2004/documents"}}