For subregulation 131.385 (1), this Chapter prescribes requirements relating to fuel and ballast for a Part 131 aircraft, whether or not it is conducting a balloon transport operation.
Note Fuel, in the form of liquid petroleum gas, is used in hot air balloons, hot air airships and mixed balloons to control altitude by heating the air inside the envelope. Ballast (as defined in subsection 1.06 (5)) is used in a gas balloon to control altitude by initiating ascent and controlling descent through the progressive release of the ballast. A gas balloon flight must terminate when the ballast is exhausted.
21.02 Definitions for this Chapter
In this Chapter:
final reserve fuel means the calculated amount of usable fuel, expressed as a period of time, required to be remaining in the fuel tanks on completion of the final landing of a flight before ground handling.
night operations fuel for a hot air balloon or hot air airship means the amount of fuel required to enable an aircraft, that is conducting a flight under the VFR at night, to remain airborne until conducting a landing by day.
trip fuel means the amount of fuel required to enable a hot air balloon or hot air airship to fly from any point along a route until landing at a suitable landing area.
unforeseen factors means factors that could have an influence on an aircraft’s fuel consumption to a suitable landing area, including the following:
(a) the aircraft’s deviation from the expected fuel consumption data for the aircraft;
(b) extended deviations from planned routings or altitudes.
21.03 General requirements
Gas balloon
(1) For a gas balloon that exclusively uses ballast to control the altitude of the aircraft, the pilot in command for the flight of an aircraft must, after taking into account the matters required by this Chapter to be considered in relation to amounts of fuel, ensure that the aircraft is carrying on board at least the amount of ballast that would achieve an equivalent outcome to the fuel requirements specified by this Chapter.
Mixed balloon
(2) For a mixed balloon, the pilot in command for the flight of an aircraft must, after taking into account the matters required by this Chapter to be considered in relation to amounts of fuel, ensure that the aircraft is carrying on board at least the amount of fuel that would achieve an equivalent outcome to the fuel requirements specified by this Chapter.
Fuel consumption data
(3) When determining the amount of usable fuel required under this Chapter for a flight of a hot air balloon or hot air airship, the pilot in command must use 1 of the following fuel consumption data sources:
(a) the most recent aircraft specific fuel consumption data derived from the fuel consumption monitoring system used by the operator of the aircraft (if available);
(b) the aircraft manufacturer’s data for the aircraft.
Operational requirements, etc.
(4) In determining the amount of usable fuel required under this Chapter, the pilot in command of a Part 131 aircraft must take the following matters into account:
(a) the operating conditions for the proposed flight, including the following:
(i) the total loaded weight of the aircraft at take-off;
(ii) relevant NOTAMs;
(iii) relevant authorised weather forecasts and authorised weather reports;
(iv) relevant air traffic service procedures, restrictions and possible delays;
(v) the terrain to be flown over, and the suitable landing area opportunities it presents;
(vi) the planned duration of the flight;
(b) the potential for deviations from the planned flight because of unforeseen factors.
21.04 Amount of fuel that must be carried for a flight
(1) The pilot in command of a Part 131 aircraft must ensure that, when a flight of the aircraft commences, the aircraft is carrying on board at least the following amounts of usable fuel:
(a) trip fuel;
(b) night operations fuel (if applicable);
(c) for a flight that is a balloon transport operation — final reserve fuel of 20 minutes.
(2) Without affecting subsection (1), the pilot in command of a Part 131 aircraft must not commence a flight unless the aircraft is carrying on board at least the following amounts of usable fuel:
(a) subject to paragraph (b) — an amount equivalent to at least 30 minutes of flight time;
(b) for a hot air balloon that is equipped with only a single fuel tank, and that is not conducting a balloon transport operation — an amount equivalent to at least 15 minutes of flight time.
(3) The pilot in command of a Part 131 aircraft must ensure that the aircraft is carrying on board at least the following amounts of usable fuel, required at any time (that time) to safely continue the flight:
(a) trip fuel from that time;
(b) night operations fuel from that time (if applicable);
(c) for a flight that is a balloon transport operation — a final reserve fuel of 20 minutes.
(4) If, after commencement of the flight, fuel is used for a purpose other than that originally intended during pre-flight planning, the pilot in command of a Part 131 aircraft must reanalyse the planned use of fuel for the remainder of the flight, and adjust the parameters of the flight insofar as is necessary to remain in compliance with the requirements of this Chapter.
21.05 Procedures for determining fuel before flight and fuel monitoring during a flight
(1) The pilot in command of a Part 131 aircraft for a flight must ensure that the amount of usable fuel on board the aircraft is determined before the flight commences.
(2) The pilot in command must ensure that the amount of fuel is checked at regular intervals throughout the flight, and that the usable fuel remaining is evaluated to:
(a) compare planned fuel or ballast consumption with actual fuel or ballast consumption (as applicable); and
(b) determine the amount of usable fuel remaining; and
(c) determine whether the remaining usable fuel is sufficient to satisfy the requirements of subsection 21.04 (3); and
(d) determine the amount of usable fuel expected to be remaining when the aircraft lands at a suitable landing area.
21.06 Procedures if fuel reaches specified amounts
If, at any time during a flight of a Part 131 aircraft, the amount of usable fuel remaining in the aircraft on landing at a planned landing area will be, or is likely to be, less than the fuel required under subsection 21.04 (3), then the pilot in command must make a precautionary landing at a suitable landing area that enables the pilot in command to continue to meet the requirements in section 21.04.
21.07 Operational variations — procedures and requirements
(1) Despite section 21.04, a balloon transport operator may use an operational variation, specified in the operator’s exposition for the purpose of this section, that relates to the calculation of any of the following, if the requirements in subsections (2) and (4) are met:
(a) trip fuel;
(b) night operations fuel.
(2) At least 28 days before using an operational variation, a balloon transport operator must submit to CASA:
(a) evidence of at least 1 of the following that demonstrates how the operational variation will maintain or improve aviation safety:
(i) documented in-service experience;
(ii) the results of a specific safety risk assessment conducted by the relevant operator that meets the requirements of subsection (3); and
(b) a copy of the relevant operator’s procedures proposed for inclusion in the exposition, in relation to using the operational variation.
Note Under regulation 131.115 of CASR (as applicable), CASA may direct a balloon transport operator to remove or revise an operational variation if CASA were to find there was insufficient evidence that it would maintain or improve aviation safety.
(3) For subparagraph (2) (a) (ii), a specific safety risk assessment must include at least the following:
(a) flight fuel calculations;
(b) the capabilities of the relevant operator, including:
(i) a data-driven method that includes a fuel consumption monitoring program; and
(ii) the use of sophisticated techniques for determining the suitability of alternate landing areas; and
(iii) specific risk mitigating measures; and
(iv) the quality and reliability of meteorological information.
(4) For the purposes of subsection (1), the balloon transport operator’s exposition must include procedures in relation to the use of the operational variation.