Federal Register of Legislation - Australian Government

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This instrument approves the holder of a remotely piloted aircraft (RPA) operator's certificate, and a person operating an RPA for the certificate holder, to operate the RPA at night.
Administered by: Infrastructure and Regional Development
Registered 29 Sep 2016
Date of repeal 24 Feb 2017
Repealed by CASA 01/17 - Approval — operation of RPA at night

Instrument number CASA 103/16

I, Mark alan skidmore, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 101.029 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed M. Skidmore]

Mark Skidmore AM
Director of Aviation Safety

28 September 2016

Approval operation of RPA at night

1           Duration

                 This instrument:

(a)   commences on 29 September 2016; and

(b)   is repealed at the end of 31 August 2019.

2          Application

                 This instrument applies to the operation of a multi-rotor RPA (the RPA) by a person who holds a certificate as an RPA operator (the operator), when used for aerial work.

3          Definitions

                 In this instrument:

chief remote pilot means the person who is the operator’s chief remote pilot.

remote pilot means the chief remote pilot, or a person authorised by the chief remote pilot to operate the RPA in accordance with clauses 1 and 2 of Schedule 1.

4          Approval

                 For subregulation 101.095 (1A) of CASR 1998, the operator and the remote pilot are approved to operate the RPA at night.

5                                        Conditions

                 For regulation 11.056 of CASR 1998, the approval in section 4 is subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

        1     The RPA may only be operated by:

(a)   the chief remote pilot; or

(b)   a person authorised by the chief remote pilot.

        2     Before authorising a person to operate the RPA, the chief remote pilot must be satisfied that the person:

(a)   has the knowledge and practical abilities to operate the RPA; and

(b)   has received appropriate training and testing in relation to the operation of the RPA; and

(c)   has been approved by the operator to operate the RPA in accordance with the operator’s documented practices and procedures and this instrument; and

(d)   holds a remote pilot licence that authorises the person to operate the RPA.

        3     The operator must have documented practices and procedures that have been accepted by CASA, or the National Assurance Manager or the Team Leader Remotely Piloted Aircraft Systems of CASA, in writing to address all of the following matters:

(a)   appropriate training and testing of each remote pilot in relation to the operations conducted under this approval;

(b)   recording details of the training and testing undertaken by each remote pilot;

(c)   retention of records relating to training and testing for a period of 2 years;

(d)   risk assessment and mitigation processes for operation of the RPA at night.

        4     CASA may test a remote pilot on the pilot’s knowledge and practical abilities to operate the RPA in accordance with this instrument.

        5     Subject to clause 6, the operator must conduct operations in accordance with the operator’s documented practices and procedures.

        6     In the event of an inconsistency between a provision of the operator’s documented practices and procedures and this instrument, this instrument prevails to the extent of the inconsistency.

        7     Details of this instrument must be included in the operator’s documented practices and procedures.

        8                 Before any operation under this approval, a risk assessment must be carried out by the chief remote pilot in accordance with the procedures mentioned in paragraph 3 (d).

        9     Take-off and landing areas must be illuminated, for example, by portable lighting or airfield lighting, so that the position and orientation of the RPA can be established and maintained by the remote pilot by visual reference.

      10                 The RPA must be fitted with all of the following:

(a)   serviceable equipment for a GPS hold and return to home function;

(b)   serviceable equipment for a GPS lock with a minimum of 7 GPS satellites.

      11     The RPA must be operated with orientation lighting, such as LED lights on the front and rear arms of the RPA.

      12     Ground station software must be used to assist in assessing the RPA’s position.

      13     The remote pilot must ensure that:

(a)   visual line of sight contact with the RPA is maintained at all times; and

(b)   the RPA is only operated in V.M.C.

      14                 The operator must not operate the RPA outdoors:

(a)   in rain; or

(b)   if thunderstorms are observed or reported within 5 kilometres of the location of the proposed operation.