Changes to Australian RPA Legislation

The Australian Government has recently registered an amendment to the Civil Aviation Legislation Amendment (Part 101) - concerning the regulations of Remotely Piloted Vehicles (RPA's).

Some of the more interesting changes are:

4 classes of RPA, based on all-up-weight:

Micro RPA (0-100g)
Very Small RPA (100g-2kg)
Small RPA (2kg-25kg)
Medium RPA (25kg-150kg)

Commercial Operation

No training or licences required to operate Micro and Very Small RPA's commercially in standard flight conditions. However, CASA does have to be notified 5 working days beforehand.

Operation over Private Land

Small RPA's and below can operated over private land (the landowner/occupier must own the RPA) in standard flight conditions without requiring any licences or training.

Licensing

New “Remote Pilot Licenses” to replace UAV Controller Certificate.

Standard Flight Conditions

Standard (not needing an exemption from CASA) conditions have been tweaked slightly to:

Under 400ft AGL
Outside of 30m from other people
Not over a populous area
Not within 3nm of an airport
Not in a restricted or prohibited area
Not over an area where public safety or emergency operations are being conducted (without their prior permission)
Is within visual line of sight by the operator

The full changes to the legislation are available at https://www.legislation.gov.au/Details/F2016L00400

EDIT:

Note this legislation does not come into effect until 1 October 2016

@Stephen,

thank you, excellent legislation about Micro and Very Small classes exempted from

certification in Commerciaol Operations.

Alike US legislation is pending in Congress.

what matters:

101.073 Operation must generally be within visual line of sight

Unmanned aircraft must be operated within visual line of sight

(1) A person commits an offence of strict liability if:

(a) the person operates an unmanned aircraft; and

(b) the aircraft is not operated within the person’s visual line of sight.

Penalty: 50 penalty units.

101.097 Autonomous aircraft—launch or release without approval prohibited

(1) This regulation:

(a) applies to an unmanned aircraft (an autonomous aircraft) that does not allow pilot intervention during all stages of the flight of the aircraft; but

(b) does not apply to balloons, kites or model aircraft.

(2) A person commits an offence of strict liability if the person causes an autonomous aircraft to be launched or released.

Penalty: 50 penalty units.

(3) Subregulation (2) does not apply if:

(a) the person holds an approval under regulation 101.029 to launch or release the autonomous aircraft; and

(b) the conditions (if any) imposed on the approval are complied with.

Note: A defendant bears an evidential burden in relation to the matter in subregulation (3): see subsection 13.3(3) of the Criminal Code.

101.237 Meaning of excluded RPA

(1) This regulation sets out what is an excluded RPA.

Note: Excluded RPA can be operated without certain licences and permissions. See for example regulation 101.252, which requires a person to have a remote pilot licence to operate an RPA, unless it is an excluded RPA.

(2) A micro RPA is an excluded RPA.

(3) A very small RPA is an excluded RPA if it is being operated:

(a) for the purpose of sport or recreation; or

(b) in standard RPA operating conditions.

(4) A small RPA is an excluded RPA if it is being operated:

(a) by or on behalf of the owner of the RPA; and

(b) over land owned or occupied by the owner of the RPA; and

(d) for the purposes of one or more of the following:

(i) aerial spotting;

(ii) aerial photography;

(iii) agricultural operations;

(iv) aerial communications retransmission;

(v) the carriage of cargo;

(vi) any other activity that is similar to an activity mentioned in the subparagraphs above; and

for which no remuneration is received by the operator or the owner of the RPA, the owner or occupier of the land or any person on whose behalf the activity is being conducted.

(5) A small RPA, or a medium RPA, is an excluded RPA if it is being operated for the purpose of sport or recreation.

(6) A small RPA, or a medium RPA, is an excluded RPA if it is being operated in standard RPA operating conditions by:

(a) a person for the sole purpose of meeting the experience requirement mentioned in paragraph 101.295(2)(c) for the grant of a remote pilot licence; or

(b) the holder of a remote pilot licence for the sole purpose of getting practical experience and gaining competency in the operation of an RPA, including a kind of RPA that is not specified in the holder’s remote pilot licence.

(7) A medium RPA is an excluded RPA if it is being operated:

(a) by or on behalf of the owner of the RPA; and

(b) by a person who holds a remote pilot licence that authorises the person to operate the RPA; and

(d) in standard RPA operating conditions; and

(e) for the purposes of one or more of the following:

(i) aerial spotting;

(ii) aerial photography;

(iii) agricultural operations;

(iv) aerial communications retransmission;

(v) the carriage of cargo;

(vi) any other activity that is similar to an activity mentioned in the subparagraphs above; and

for which no remuneration is received by the operator or owner of the RPA, the owner or occupier of the land or any person on whose behalf the activity is being conducted.

(8) An RPA is an excluded RPA if it is being operated:

(a) by a person solely for the purpose of the person receiving training from an RPA operator who holds a certificate under Division 101.F.4 that authorises the operator to conduct operations using the RPA; and

(b) in accordance with the operator’s documented training procedures.

I send today copy of this AU Legislation to Secretary Foxx, FAA, Congress and Senate.

I would like to get opinion from Minister Chester on airworthiness of so called

DIY drones, assembled at home from parts purchased remotely from suppliers.

Tridge could be of great help contacting AU Minister Chester directly and asking him about the future of home built DIY drones or remotely piloted aircraft.

Airworthiness Directives (ADs) are legally enforceable regulations issued by the FAA in accordance with 14 CFR part 39 to correct an unsafe condition in a product. Part 39 defines a product as an aircraft, engine, propeller, or appliance.

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Comments

Chris March 30, 2016 at 4:23pm

Hi @Johnatan,

You can apply for an area approval for ops within 3nm of an Aerodrome (includes Heli Pads). So every hospital and TV station has one, so that is 5.5 radius from each of those. You apply for one by giving the location of the flight, intended flight times (if you give small windows over a series of days, its ok, but if you ask for a large area over a large time block expect to be knocked back).

An area approval will cost around $160/h to approve, for a simple one I think they do in a few hours (I hear 1 hour is normal charge for this, can some UOC holders confirm this pls?).

So not a show stopper by any means (as long as CASA approves the area approval, they have knocked back a few from my understanding in the Sydney metro area).

Chris
Stephen Dade March 30, 2016 at 3:27pm

I've edit the post to clarify that the legislation does not come into effect until October.
Darius Jack March 30, 2016 at 9:55am

@Stephen,

thank you, excellent legislation about Micro and Very Small classes exempted from

certification in Commerciaol Operations.

Alike US legislation is pending in Congress.

--

what matters:

--

101.073 Operation must generally be within visual line of sight

Unmanned aircraft must be operated within visual line of sight

(1) A person commits an offence of strict liability if:

(a) the person operates an unmanned aircraft; and

(b) the aircraft is not operated within the person’s visual line of sight.

Penalty: 50 penalty units.

--

101.097 Autonomous aircraft—launch or release without approval prohibited

(1) This regulation:

(a) applies to an unmanned aircraft (an autonomous aircraft) that does not allow pilot intervention during all stages of the flight of the aircraft; but

(b) does not apply to balloons, kites or model aircraft.

(2) A person commits an offence of strict liability if the person causes an autonomous aircraft to be launched or released.

Penalty: 50 penalty units.

(3) Subregulation (2) does not apply if:

(a) the person holds an approval under regulation 101.029 to launch or release the autonomous aircraft; and

(b) the conditions (if any) imposed on the approval are complied with.

Note: A defendant bears an evidential burden in relation to the matter in subregulation (3): see subsection 13.3(3) of the Criminal Code.

--

101.237 Meaning of excluded RPA

(1) This regulation sets out what is an excluded RPA.

Note: Excluded RPA can be operated without certain licences and permissions. See for example regulation 101.252, which requires a person to have a remote pilot licence to operate an RPA, unless it is an excluded RPA.

(2) A micro RPA is an excluded RPA.

(3) A very small RPA is an excluded RPA if it is being operated:

(a) for the purpose of sport or recreation; or

(b) in standard RPA operating conditions.

(4) A small RPA is an excluded RPA if it is being operated:

(a) by or on behalf of the owner of the RPA; and

(b) over land owned or occupied by the owner of the RPA; and

(c) in standard RPA operating conditions; and

(d) for the purposes of one or more of the following:

(i) aerial spotting;

(ii) aerial photography;

(iii) agricultural operations;

(iv) aerial communications retransmission;

(v) the carriage of cargo;

(vi) any other activity that is similar to an activity mentioned in the subparagraphs above; and

for which no remuneration is received by the operator or the owner of the RPA, the owner or occupier of the land or any person on whose behalf the activity is being conducted.

(5) A small RPA, or a medium RPA, is an excluded RPA if it is being operated for the purpose of sport or recreation.

(6) A small RPA, or a medium RPA, is an excluded RPA if it is being operated in standard RPA operating conditions by:

(a) a person for the sole purpose of meeting the experience requirement mentioned in paragraph 101.295(2)(c) for the grant of a remote pilot licence; or

(b) the holder of a remote pilot licence for the sole purpose of getting practical experience and gaining competency in the operation of an RPA, including a kind of RPA that is not specified in the holder’s remote pilot licence.

(7) A medium RPA is an excluded RPA if it is being operated:

(a) by or on behalf of the owner of the RPA; and

(b) by a person who holds a remote pilot licence that authorises the person to operate the RPA; and

(c) over land owned or occupied by the owner of the RPA; and

(d) in standard RPA operating conditions; and

(e) for the purposes of one or more of the following:

(i) aerial spotting;

(ii) aerial photography;

(iii) agricultural operations;

(iv) aerial communications retransmission;

(v) the carriage of cargo;

(vi) any other activity that is similar to an activity mentioned in the subparagraphs above; and

for which no remuneration is received by the operator or owner of the RPA, the owner or occupier of the land or any person on whose behalf the activity is being conducted.

(8) An RPA is an excluded RPA if it is being operated:

(a) by a person solely for the purpose of the person receiving training from an RPA operator who holds a certificate under Division 101.F.4 that authorises the operator to conduct operations using the RPA; and

(b) in accordance with the operator’s documented training procedures.

--

I send today copy of this AU Legislation to Secretary Foxx, FAA, Congress and Senate.

I would like to get opinion from Minister Chester on airworthiness of so called

DIY drones, assembled at home from parts purchased remotely from suppliers.

Tridge could be of great help contacting AU Minister Chester directly and asking him about the future of home built DIY drones or remotely piloted aircraft.

Airworthiness Directives (ADs) are legally enforceable regulations issued by the FAA in accordance with 14 CFR part 39 to correct an unsafe condition in a product. Part 39 defines a product as an aircraft, engine, propeller, or appliance.
Johnatan March 30, 2016 at 6:05am

"Not within 3nm of an airport"?!

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This reply was deleted.