CASA 01/17 - Approval — operation of RPA at night

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Legislation au F2017N00016 In force Notifiable Instrument

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CASA 01/17 – Approval – operation of RPA at night

as amended

made under regulations 11.056 and 101.029 and subregulation 101.095 (1A) of the Civil Aviation Safety Regulations 1998.

This compilation was prepared on 3 August 2023 taking into account amendments up to CASA 39/23 – Amendment of CASA 01/17 (Approval – operation of RPA at night) Instrument 2023 as amended and in force on 3 August 2023.

Prepared by the Advisory and Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.

Compilation No. 1.

3 Application

  This instrument applies to the operation of an RPA, other than a large RPA, by a person who holds a certificate as an RPA operator (the operator).

4 Definitions

  In this instrument:

authorised remote pilot means the operator’s chief remote pilot, or a person authorised by the operator’s chief remote pilot to operate the RPA in accordance with clauses 8 and 9 of Schedule 1.

RPAS Sample Operations Manual means any of the following documents published by CASA:

(a) RPAS Sample Operations Manual with revision date 6 February 2017;

(b) RPAS Sample Operations Manual version 1.0 published in January 2020;

(c) RPAS Sample Operations Manual version 1.0 published on 22 June 2023.

5 Approval

 (1) The operator is approved to operate the RPA at night.

 (2) An authorised remote pilot is approved to operate the RPA at night.

6 Conditions

 (1) The approval in subsection 5 (1) is subject to the conditions mentioned in Schedules 1 and 2.

 (2) The approval in subsection 5 (2) is subject to the conditions mentioned in Schedule 2.

Schedule 1 Conditions — operator

 1 The operator must have documented practices and procedures, that are approved in writing by CASA or by a Manager or Team Leader of CASA with responsibility for regulatory oversight of RPA operations, for training and testing of individuals in relation to operating RPA at night.

 2 For clause 1, the practices and procedures mentioned in the RPAS Sample Operations Manual for training and testing of individuals in relation to operating RPA at night are taken to be approved by CASA.

 3 The operator must have documented practices and procedures, that are approved in writing by CASA or by a Manager or Team Leader of CASA with responsibility for regulatory oversight of RPA operations, for:

(a) making records detailing the training and testing undertaken by authorised remote pilots; and

(b) retention of those records.

 4 For clause 3, the practices and procedures mentioned in the RPAS Sample Operations Manual for making and retention of records detailing the training and testing undertaken by personnel involved in RPA operations are taken to be approved by CASA.

 5 The operator must have documented practices and procedures, that are approved in writing by CASA or by a Manager or Team Leader of CASA with responsibility for regulatory oversight of RPA operations, for risk assessment and mitigation processes for operation of RPA at night.

 6 For clause 5, the practices and procedures for risk assessment and mitigation mentioned in the RPAS Sample Operations Manual are taken to be approved by CASA.

 8 The operator must ensure that the RPA is operated by only:

(a) the operator’s chief remote pilot; or

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

 9 Before authorising a person to operate the RPA, the operator’s chief remote pilot must be satisfied that the person:

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

(b) has the knowledge and practical abilities to operate 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) either:

 (i) has received appropriate training and testing in relation to the operation of the RPA at night; or

 (ii) will only operate the RPA while receiving training or taking a test in operating RPA at night.

 10 Before any operation under this approval, the operator must ensure that a risk assessment is carried out by the operator’s chief remote pilot in accordance with the documented practices and procedures mentioned in clause 5.

Schedule 2 Conditions — operator and authorised remote pilot

 1 The operator and an authorised remote pilot must comply with a request from CASA for CASA to test the pilot on the pilot’s knowledge and practical abilities to operate the RPA in accordance with this instrument.

 2 The operator and the authorised remote pilot must ensure that the launch and landing and recovery areas are illuminated so that the position of the RPA can be established and maintained by the authorised remote pilot by visual reference.

Note   For example, the areas may be illuminated by portable lighting or airfield lighting.

 3 The operator and the authorised remote pilot must ensure that the RPA is 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.

 4 The operator and the authorised remote pilot must ensure that the RPA displays orientation lighting when the RPA is in flight.

Note   For example, the orientation lighting may consist of LED lights on the front and rear arms of a multi-rotor RPA.

 5 The operator and the authorised remote pilot must ensure that ground station software is used to enable the authorised remote pilot to assess the RPA’s position.

 6 The operator and the authorised remote pilot 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.

Note to CASA 01/17 – Approval – operation of RPA at night

CASA 01/17 – Approval – operation of RPA at night (in force under the Civil Aviation Safety Regulations 1998) as shown in this compilation comprises CASA 01/17 – Approval – operation of RPA at night amended as indicated in the Tables below.

Table of instruments

Year and
number

Date of registration on FRL

Date of
commencement

Application, saving or transitional provisions

CASA 01/17 – Approval – operation of RPA at night

24 February 2017
(see F2017N00016)

24 February 2017 (see s. 2)

CASA 39/23 – Amendment of CASA 01/17 (Approval – operation of RPA at night) Instrument 2023

2 August 2023
(see F2023N00236)

3 August 2023 (see s. 2)

 

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

s. 1

s. 2

Schedule 1

rep. Legislation Act 2003, s 48D

rep. Legislation Act 2003, s 48C

am. F2023N00236

 

Overview

The Civil Aviation Safety Authority (CASA) introduced CASA 01/17 – Approval – operation of RPA at night in 2017 under the Civil Aviation Safety Regulations 1998. This instrument was created to address the need for stringent safety measures and regulatory compliance in the operation of Remote Piloted Aircraft (RPA) at night. It provides specific guidelines and conditions for operators and remote pilots to ensure the safe conduct of night-time RPA operations. CASA, as the regulatory body, aimed to establish a framework that mitigates risks associated with operating RPA in low-light conditions. The policy objective is to enhance aviation safety by ensuring that RPAs are operated under controlled and supervised conditions, particularly focusing on training, testing, and risk management practices. The approval under CASA 01/17 mandates that operators and remote pilots adhere to stringent conditions, including documented practices for training, testing, record-keeping, and risk assessment. These conditions are designed to ensure that all personnel involved in night-time RPA operations are adequately trained and that all operational risks are mitigated. Compliance with these conditions is essential to maintain the safety standards set by CASA, thereby protecting both the public and the aviation environment. The instrument is subject to amendments, with the latest significant amendment being CASA 39/23 in 2023, which further refines the regulatory framework for night-time RPA operations.

Scope and Application

The CASA 01/17 instrument applies to the operation of Remote Piloted Aircraft (RPA) at night by an operator who holds a certificate as an RPA operator, excluding large RPAs. The instrument outlines the conditions under which such operations are approved, requiring the operator to implement documented practices and procedures approved by the Civil Aviation Safety Authority (CASA). These procedures must include training and testing of individuals for night operations, making and retaining records of training and testing, and conducting risk assessments. The instrument also mandates specific operational requirements such as ensuring that the RPA is operated only by authorised remote pilots and that launch and landing areas are illuminated. The approval is subject to conditions laid out in Schedules 1 and 2, which detail the obligations of both the operator and the authorised remote pilot. The geographic and jurisdictional reach of the instrument is national, applying across Australia as it is made under the Civil Aviation Safety Regulations 1998. The instrument may be further extended or restricted by subordinate instruments issued by CASA.

Key Provisions

The key operative sections of CASA 01/17, as amended, are sections 5 and 6, which respectively provide the approval for an operator and an authorised remote pilot to operate a Remotely Piloted Aircraft (RPA) at night, and section 4 which outlines the definitions applicable to the instrument. Section 5(1) grants approval to an operator to operate an RPA at night, and section 5(2) grants approval to an authorised remote pilot to operate an RPA at night, both subject to the conditions outlined in Schedules 1 and 2. Section 6 stipulates that the approval is contingent upon compliance with the conditions specified in the schedules. The obligations imposed on the parties governed by this Act include the requirement for the operator to have documented practices and procedures approved by CASA or a designated CASA Manager or Team Leader. These procedures must cover the training and testing of individuals in relation to operating RPA at night, the making and retention of records detailing training and testing, and risk assessment and mitigation processes. The operator must also ensure that the RPA is operated only by the operator’s chief remote pilot or a person authorised by the chief remote pilot, who must hold a remote pilot licence and have the necessary knowledge and practical abilities. Before authorising a person to operate the RPA, the chief remote pilot must ensure that the person has either received appropriate training and testing in relation to night operations or will only operate the RPA while receiving such training or taking a test. Additionally, the operator must ensure that a risk assessment is carried out before any operation, and that the launch and landing areas are properly illuminated. The operator and authorised remote pilot must also ensure that the RPA is equipped with specific serviceable equipment, including GPS hold and return to home functions, GPS lock, orientation lighting, and ground station software. Furthermore, the RPA must not be operated outdoors in rain or if thunderstorms are observed or reported within 5 kilometres of the location. The legislation imposes several civil and criminal consequences for breaches. Although specific penalties are not stated within the text, breaches of the Civil Aviation Safety Regulations 1998, under which this instrument operates, can result in significant penalties. These may include fines of up to $216,000 for corporations and $43,200 for individuals, imprisonment for up to five years, or both, depending on the severity of the breach. The instrument also requires the operator and authorised remote pilot to comply with any requests from CASA to test the pilot’s knowledge and practical abilities, failure to comply with which could result in further regulatory action.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.