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Australian Association for Unmanned Systems

Industry Guidance on the Amended CASR 1998 Part 101

Version: 1.1

27th May 2016

Copyright © 2016 Australian Association for Unmanned Systems 2 of 13

Background and Scope On the 30th of March 2016 the Civil Aviation Safety Authority (CASA) advised that the amendment to Part 101 of Civil Aviation Safety Regulation (CASR 1998) Part 101 had been registered on the Federal Register of Legislation. There are numerous and quite significant changes within the regulation, which will come into effect on the 29th September 2016. Reading and interpreting the legislation can be extremely difficult. The Australian Association for Unmanned Systems has created this industry guidance document to assist industry members in determining the regulations applicable to them and their operations. A simple three-step process is described in this document. More information on the Association can be found:

• http://www.aaus.org.au

Important Disclaimer This material should be used as informal guidance ONLY. Whilst every effort has been made, the accuracy and completeness of the guidance provided in this document cannot be guaranteed. The material contained herein should NOT be taken as an official or formal statement of CASA’s interpretation or position in relation to the regulations. For definitive guidance on all regulatory matters, the reader should consult the CASA website:

• https://www.casa.gov.au/aircraft/landing-page/remotely-piloted-aircraft-system Or contact the CASA Remotely Piloted Aircraft Systems Office:

• Phone: 1800 687 342 • Email [email protected]

This document should not be used in place of the regulations. A definitive copy of the regulations currently in effect can be found:

• https://www.legislation.gov.au/Series/F1998B00220

Details of the amended CASR 1998 Part 101 to which this document refers can be found at:

• https://www.legislation.gov.au/Details/F2016L00400 It is also important to note that the amended CASR 1998 Part 101 regulations do not come into effect until the 29th of September 2016.


Terminology CASA has updated its terminology to be consistent with that defined by the International Civil Aviation Organization (ICAO). According to ICAO Doc 10019 AN/507 “Manual on Remotely Piloted Aircraft Systems” and ICAO Cir 328 AN/190 “Unmanned Aircraft Systems”:

• Unmanned aircraft (UA) - an aircraft intended to be operated with no pilot on board. • Unmanned aircraft system (UAS) – an aircraft and its associated elements, which

are operated with no pilot on board. • Remotely piloted aircraft (RPA) – a UA, which is piloted from a remote pilot station. • Remotely piloted aircraft systems (RPAS) – a RPA, its associated RPS(s), the

required command and control links and any other components specified as part of the type design.

• Remote pilot station (RPS) – the component of a RPAS containing the equipment used to pilot the RPA.

• Autonomous aircraft (AA) – a UA that does not allow pilot intervention in the management of the flight.

CASA has also defined the following:

• Remote pilot licence (RePL) – which will replace UAV Controller Certificate; • Remote operator certificate (ReOC) – which will replace UAV Operator Certificate

(UOC).


Step One – Determine the Category of Your RPA CASA HAS DEFINED NEW CATEGORIES OF RPA. USE THE TABLE BELOW TO DETERMINE THE CATEGORY OF YOUR RPA.

MICRO VERY

SMALL SMALL MEDIUM LARGE

Fixed Wing

Gross Weight ≤ 100 g

100 g < Gross Weight < 2 kg

2 kg ≤ Gross Weight < 25 kg

25 kg ≤ Gross Weight ≤ 150 kg

Gross weight

> 150 kg

Powered Parachute Rotorcraft Powered Lift Aircraft

Airship Envelope capacity ≤ 100 m3

Envelope capacity > 100 m3

Gross Weight is the total mass of the RPA at any moment during the flight or ground operation inclusive of payloads and fuel. The mass of the RPA can change during a flight (e.g., with fuel burn, the dispensing of payloads, or if new cargo is picked up). The maximum gross weight at any point during the operation should be used to determine the category of RPA. Formal definitions of the RPA categories can be found in CASR 1998, Vol 4, Dictionary, Part 1—Definitions.


Step Two – Determine the Category of Your Operation CASA has defined new categories of Remotely Piloted Aircraft (RPA) operations. Use the flow charts provided on the following pages to determine whether or not your operation is considered to be an “Excluded Operation” (CASR101.237) or not.

FIGURE 1


FIGURE 2


FIGURE 3


Step Three – Determine What Rules Apply to Your Operation The tables on the next three pages describe the rules applicable to:

• All RPA in general (Table 1); • Excluded RPA operations (Table 2); • Other than excluded RPA, which we refer to as “included” RPA

operations (Table 3). IMPORTANT – The tables DO NOT list all of the regulations applicable to your operation. Please consult the amended regulation for a comprehensive list of regulations.


TABLE 1 - GENERAL RULES APPLICABLE TO ALL RPA OPERATIONS WHETHER THEY ARE EXCLUDED OR NOT You must fly safely Irrespective of what RPA you operate, whether for

sport and pleasure, or otherwise, you must not operate your RPA in a way that creates a hazard to another aircraft, another person, or property (101.055)

You fly for hobby sport and recreational purpose

Refer to CASR 1998 Subpart 101.G—Model aircraft, nothing further in this document applies to you.

YOU WANT TO: fly > 400’ AGL You’ll need an area approval (101.085) unless

otherwise permitted.

fly in controlled airspace Operating > 400’ AGL in controlled airspace requires an approval (101.070) and must meet other requirements (101.072, 101.285).

fly BVLOS Requires approval (101.073) through 101.029(1).

fly near a controlled aerodrome Under 101.075, operating within 3NM of a controlled aerodrome and above 400’ AGL generally requires an area approval (101.030) or permission (101.080).

drop something You can do it provided you do not create a hazard to another aircraft, a person, or property (101.090).

fly in cloud You will require an approval (101.095) through 101.029(1). This will be in the form of a remote pilot (RP) endorsement with requirements to published in the MoS (refer to 101.080).

fly at night As above.

fly in conditions other than VMC As above.

fly autonomously You will require an approval (101.097) through 101.029(1) with requirements to published in the MoS (refer to 101.080). Note, autonomously is taken to mean that the remote pilot has no means of influencing the RPA once it is in flight.

fly a large RPA You will need CASA’s approval (101.275).

fly more than one RPA You will require an approval under 101.029(1).


fly near people Generally, you cannot operate any RPA within 30 m of a person who is not associated with the operation unless they are directly behind the remote pilot (101.245). You cannot operate an excluded RPA within 30 m of a person not associated with the operation. You can operate an included very small, small, or medium RPA as close as 15 m to a person provided you have their consent (101.245). You can apply for an approval to operate an included RPA close to people (refer to 101.245(5)). Different limits apply for RPA airships – refer to 101.245(4).

VMC – Visual Meteorological Conditions. MoS – Manual of Standards (yet to be released). BVLOS – Beyond Visual Line of Sight. Refer to note 101.073(3) for description of VLOS.


TABLE 2 - EXCLUDED RPA THAT ARE NOT OPERATING FOR HOBBY, SPORT, OR RECREATION

RPA TYPE

MICRO VS S M Are there restrictions on my operations? Yes - You must operate under the standard operating conditions described in 101.238 in addition to all of the general restrictions described in Table 1. The exception is Micro RPA, which do not have specific restrictions on their operation$ .

N/A Y Y Y

Am I able to operate over a populous area? With the exception of micro RPA, excluded RPA cannot be operated over a populous area (refer to 101.238).

Y N N N Am I able to operate near people? No – As per the standard operating conditions (refer to 101.238), you cannot operate an excluded RPA less than 30m from a person not associated with the operation. The exception is Micro RPA, which do not have specific restrictions on their operation$ .

Y N N N

Do I need a RPA Operator’s Certificate (ReOC)? No - Not required for excluded RPA. N N N N Do I Require a Remote Pilot Licence (RePL)? No - You do not require a RePL for micro, very small, and small excluded RPA operations. *You do require a RePL to operate a medium excluded RPA unless it is solely for training and experience purposes. Refer to 101.237(6)(b), 101.237(8)(a) and 101.237(8)(b).

N N N Y*

Do I need to keep records? Under 101.272, operators of excluded RPA may be required to keep records. Whether or not they do, and what records need to be kept, will be detailed in the MoS. The MoS has not been released at time of writing.

Do I need to notify CASA? Under 101.371, you must provide CASA with notification that you are an operator of a very small excluded RPA (you only need to do this once). You also need to notify CASA a minimum of five days before an operation takes place from a new operating location. You will also need to notify CASA if there are any changes or events relating to your operation. What constitutes a change or event is to be defined in the MoS. Under changes to 117.015, operators of very small RPA will be required to complete CASA safety and activity surveys. You will require an ARN to lodge notifications (see footnote to table). *If you have a ReOC, then you do not need to provide CASA with any notification.

N Y* N N

ARN - Aviation Reference Number (ARN), you can apply for one here: https://www.casa.gov.au/licences-and-certification/standard-page/licence-information $ In accordance with 101.235, the general operational restrictions contained in Subpart 101.F are not applicable to micro RPA.


INCLUDED RPA – THAT ARE NOT OPERATING FOR HOBBY, SPORT, OR RECREATION

RPA TYPE

VS S M L Do I require a RPA Operator’s Certificate (ReOC)? A ReOC is required to operate all RPA that aren’t an excluded RPA (101.270).

Y Y Y Y

Do I Require a Remote Pilot Licence (RePL)? A RePL is required to operate all RPA that aren’t an excluded RPA (101.252).

Y Y Y Y Can I Operate Over a Populous Area? Very small, small, and medium RPA require approval to operate over a populous area (101.250). You cannot operate any RPA over a populous area below the height from which the RPA can safely clear the area without certification and CASA approval (101.280). You must be able to prove that your operation does not pose an unreasonable risk to the life, safety or property of somebody who is in the area but is not connected with the operation (refer to 101.025).

Y Y Y Y

Do I need to certify my RPAS? Certification (restricted or experimental) is required for all large RPA (101.255). *Certification is needed for very small, small, and medium RPA only if they are operating above a populous area at a height below the height from which it can safely clear the area (101.280).

Y* Y* Y* Y

Do I need to keep records? Under 101.272, operators of RPA may be required to keep records. Whether or not they do, and what records need to be kept, will be detailed in the MoS. The MoS has not been released at time of writing.

Do I need to provide notification to CASA? No notification required. *Under changes to 117.015, ReOC holders will be required to complete CASA safety and activity surveys.

N* N* N* N*

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