Frequently asked questions

Until the entry into force of Regulation (EU) 2018/395 last year 2019, in order to carry out tourist flights with balloons it was necessary for the operator (company) to have an authorisation as an airwork company issued on the basis of the provisions of Law 48/1960 of 21 July.

Since the entry into force of Regulation (EU) 2018/395 last April 2019, tourist flights are referred to as Commercial Passenger Balloon Flights or CPB, which are defined as a form of commercial air transport with balloons where passengers are transported for the purpose of tourism or flight experience in exchange for remuneration or other financial consideration.

Strictly speaking, this is not an activity of air work but a type of commercial air transport. The reality is that both airwork and commercial air transport operations are commercial operations, i.e. the conduct of an advertising flight with a balloon or the transport of passengers are commercial operations.

As regards the rating or authorisation regime, CPB requires the operator to submit a declaration of compliance (BOP.ADD.100) confirming that it is aware of and complies with the applicable standard and provides information on the operator and aircraft to be used.

Captive balloons are excluded from Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons by Regulation (EC) No 216/2008 of the European Parliament and of the Council. Therefore, in the field of air operations, it does not require authorisation from the Air Works and General Aviation Service of AESA.

In the case of a manned captive balloon, the pilot of the manned captive balloon should hold a balloon pilot licence (BPL) issued in accordance with Regulation (EU) 1178/2011 of 3 November 2011 with privileges to operate such balloons. The balloon must also have the corresponding certificate of airworthiness (EASA Form 25) and the Aircraft Review Certificate in force (EASA Form 15).

However, if the operation is likely to affect a controlled airspace or aeronautical servitude area, it should be coordinated respectively with ENAIRE (Air Space Operational Coordination Department — cop@enaire.es —) and AESA (Aeronautical Services) servidumbres.aesa@seguridadaerea.es

Royal Decree 2876/1982 regulates the use of ultra-light-structured aircraft (ULMs) in national airspace only, so that AESA is not competent to issue permit/flight authorisation in other States.

Since the legislation applicable to this type of aircraft is regulated by each State, it is considered that, in the event that an aircraft with an ultra-light structure goes on a flight to another State, it will be necessary to comply with the provisions governing that territory of ULMs, as required by Article 40 of the Convention on International Civil Aviation.

It must therefore have a prior authorisation to perform the flight of the State in which the flight is to take place. The need for such authorisation by the other State is due to the fact that aircraft with an ultra-light structure do not comply with the requirements of Annex 8 to the Chicago Convention (as regards airworthiness) or with Annex I to the Chicago Convention (as regards pilot licence), and therefore these aircraft are regulated within the national framework of each country.

You can find more information regarding the applicable regulations for General and Sport Aviation at this link.

The aerial operation of ultra-light-structured aircraft in Spain is regulated by Royal Decree 2876/1982, which regulates the registration and use of ultra-light-structured aircraft, in addition to the Order of 24 April 1985 regulating ultra-light flight.

The documentation to be kept on board the ULM is as follows:

• Pilot documentation: Licence in force with corresponding rating, class II medical certificate or LAPL.
• Aircraft documentation: registration certificate (except for aircraft weighing less than 70 kg), certificate of airworthiness, station licence (if fitted with radio or other equipment using radio spectrum), aircraft insurance in force and aircraft flight manual. According to Article 22 of Law 48/1960 on Air Navigation: the aircraft logbook, the engine booklet and the propeller booklet, where applicable, shall be kept up to date in a safe place and at the disposal of the authorities that may require them.
• Other documentation: updated letters of the area in which you will make the flight.

Minimum aircraft equipment: first-aid kit (aircraft), portable fire extinguisher in the pilot compartment, and replacement fuses, if applicable.

For operations with a paramotor, the applicable regulatory framework would be:

• Third Transitional Provision of Royal Decree 1591/1999 regulating the registration and use of ultra-light-structured aircraft and amending the registration of private non-commercial aircraft. This third transitional provision concerns the legal status of aircraft, whether motorised or not, for which the direct involvement of an occupant’s physical effort is necessary for the take-off or landing. This provision derives you from Royal Decree 2876/1982.
   
• Royal Decree 2876/1982 of 15 October 1982 regulating the registration and use of ultra-light aircraft and amending the registration of private non-commercial aircraft. According to this Royal Decree, specifically Article 3 thereof, they must comply with:
   
  • That the flight takes place exclusively within Spanish airspace.
  • The flight is carried out in accordance with the VFR rules on visibility and distance from clouds, and flights in turbulent or marginal conditions are prohibited.
  • The maximum flight height is not higher than that prescribed by regulation.
  • Flights are not carried out over controlled, restricted, prohibited airspace over activated hazardous areas, urban areas and agglomerations of persons.
  • For take-off, flight and landing and safety minimums, the conditions laid down by regulation are met.
     
• In addition, flight conditions should be performed in compliance with Implementing Regulation (EU) 923/2012, commonly known as SERA.
   
• With regard to the areas on which a paramotor can fly over, we must refer to Royal Decree 1180/2018, which implements the regulation of the air. In particular, Articles 18 (prohibited and restricted areas for defence, protection of national interests or public security) and 19 (restricted areas for environmental protection). Article 22 lays down competences for prohibited and restricted areas for defence, protection of national interests or public safety and environmental protection. EASA has no competence over the establishment of such areas.

You can find more information regarding the applicable regulations for General and Sport Aviation at this link.

AVSAF exams are carried out on an Aesa Moodle platform for which the student will have a user and password that will be provided by email

Two calls for examination are available. If the “APTO” grade is not obtained, the student must take the AVSAF course again.

It is possible to make a partial delivery of the documentation at the expense of the submission of the list of instructors. Further information can be found in section 2.3 of the guide “Minimum requirements for a training organisation AVSAF(OFA)”

AVSAF certification for pedestrians and drivers is issued by the AVSAF Training Organisation after passing the exam by the student.

AVSAF training courses are provided in the modality chosen by each of the AVSAF Training Organisations. Therefore, some will do so face-to-face and others will do so in telematic format.