Federal Register of Legislation - Australian Government

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CASA EX67/20 Exemptions as made
This instrument enables the holder of a remote pilot licence to operate a remotely piloted aircraft (RPA) beyond visual line of sight without having passed an examination required by the Civil Aviation Safety Regulations 1998. The operation must be conducted in accordance with documented practices and procedures of the person certified as the RPA operator of the RPA, and under the supervision and direction of another remote pilot who has passed the examination.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 29 Apr 2020
Tabling HistoryDate
Tabled HR12-May-2020
Tabled Senate12-May-2020
To be repealed 30 Apr 2021
Repealed by Self Repealing

Instrument number CASA EX67/20

I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody

Director of Aviation Safety

24 April 2020

CASA EX67/20 — Remotely Piloted Aircraft Operations Beyond Visual Line of Sight Instrument 2020

1          Name

                 This instrument is CASA EX67/20 — Remotely Piloted Aircraft Operations Beyond Visual Line of Sight Instrument 2020.

2          Duration

                 This instrument

(a)       commences on the day after it is registered; and

(b)      is repealed at the end of 30 April 2021.

Note   For regulation 11.250 of CASR, the directions in section 6 cease to be in force at the end of 30 April 2021.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: remote pilot licence and RPA.

        (1)     In this instrument:

exempted flight means a flight of an RPA that does not comply with paragraph 101.300 (4) (a) of CASR.

Note   Paragraph 101.300 (4) (a) requires that a person must not operate an RPA beyond their visual line of sight unless they have passed an examination mentioned in the paragraph.

remote pilot means the holder of a remote pilot licence and includes a person who was certified as a UAV operator as at 28 September 2016 and is taken to have been certified as an RPA operator.

Note   See subregulation 202.462 (3) of CASR.

supervising remote pilot, in relation to the operation of an RPA, means a remote pilot who:

(a)   meets the requirements of subregulation 101.300 (4) of CASR for operating an RPA beyond visual line of sight; and

(b)   either:

             (i)  is the person certified as the RPA operator of the RPA; or

            (ii)  has been appointed to act as a supervising remote pilot for that particular operation by the person certified as the RPA operator of the RPA.

        (2)     In this instrument, an RPA is operated beyond visual line of sight if it is not operated within visual line of sight, as defined in subregulation 101.073 (3) of CASR.

4          Application

                 This instrument applies to a remote pilot who operates an RPA beyond visual line of sight.

5          Exemption — operating beyond visual line of sight

        (1)     The remote pilot is exempt from compliance with paragraph 101.300 (4) (a) of CASR.

        (2)     The exemption is subject to the conditions mentioned in section 7.

6          Directions

        (1)     This section applies to the person certified as the RPA operator of an RPA that conducts an exempted flight.

        (2)     The person must have documented practices and procedures, within the meaning of paragraph 101.335 (1) (d) of CASR, that:

(a)   have been prepared by the person; and

(b)   have been approved by CASA; and

(c)   include the requirements mentioned in subsection (3).

        (3)     The documented practices and procedures mentioned in subsection (2) must include practices and procedures for operating an RPA beyond visual line of sight and ensure the following:

(a)   remote pilots successfully complete specific induction training before they can conduct an exempted flight;

(b)   the keeping of a list of remote pilots qualified to conduct an exempted flight;

(c)   all records relating to exempted flights are kept for a period of at least 7 years.

7          Conditions

        (1)     The remote pilot must ensure that the exempted flight complies with documented practices and procedures mentioned in subsection 6 (2).

        (2)     The remote pilot must not conduct an exempted flight unless it is conducted under the immediate supervision of a supervising remote pilot who is:

(a)   at the place where the remote pilot is located; and

(b)   readily accessible to the remote pilot conducting the flight; and

(c)   immediately available to advise and direct the remote pilot.

Note   This does not limit the supervisor observing multiple flights at the one time.

        (3)     The remote pilot must comply with the directions of the supervising remote pilot.