CASA 103/16 - Approval — operation of RPA at night

Overview

The Civil Aviation Safety Authority (CASA) introduced the Civil Aviation Safety Regulations 1998 (CASR 1998) to ensure the safety of civil aviation in Australia. This legislation aims to provide a comprehensive regulatory framework for the operation of aircraft, including remotely piloted aircraft (RPA), to ensure public safety and national security. CASA 103/16I, enacted in 2016, is a notifiable instrument that provides specific approval for the operation of a multi-rotor RPA at night by a certified RPA operator for aerial work purposes. This instrument, made under the authority of regulation 101.029 of the CASR 1998, addresses the need for stringent safety measures when operating RPAs after dark, ensuring that only qualified personnel with appropriate training, testing, and licensing can conduct such operations. The policy objective is to mitigate risks associated with night operations of RPAs, thereby safeguarding both the public and the operators involved.

Scope and Application

The CASA instrument number CASA 103/16I applies to the operation of a multi-rotor remotely piloted aircraft (RPA) by a person who holds a certificate as an RPA operator when used for aerial work. This legislation specifies the conditions under which such an RPA may be operated at night. It applies specifically to the operator and the remote pilot who must be approved to conduct night operations. The approval is subject to conditions outlined in the Schedule, including the requirement for the chief remote pilot to be satisfied that any person authorised to operate the RPA has the requisite knowledge, training, and a remote pilot licence. The operator must also have documented practices and procedures approved by CASA to address training, risk assessments, and other operational matters. The RPA must be equipped with specific serviceable equipment and lighting, and operations must comply with visual meteorological conditions and other specified conditions to ensure safe operation at night.

Key Provisions

This instrument outlines the conditions and requirements for the operation of a multi-rotor Remotely Piloted Aircraft (RPA) at night, by a person holding a certificate as an RPA operator, when the RPA is used for aerial work. The instrument commences on 29 September 2016 and will be repealed at the end of 31 August 2019. The RPA can only be operated by the chief remote pilot or a person authorised by the chief remote pilot, provided the chief remote pilot is satisfied that the person has the necessary knowledge, practical abilities, appropriate training and testing, and holds a remote pilot licence that authorises them to operate the RPA. The operator must have documented practices and procedures that address training and testing, risk assessment and mitigation processes, and these must be accepted in writing by CASA, or the National Assurance Manager or the Team Leader Remotely Piloted Aircraft Systems of CASA. Before any operation, a risk assessment must be conducted by the chief remote pilot in accordance with the procedures mentioned in the documented practices and procedures. Take-off and landing areas must be illuminated, and the RPA must be fitted with serviceable equipment for a GPS hold and return to home function, and GPS lock with a minimum of 7 GPS satellites. The RPA must also be operated with orientation lighting, and ground station software must be used to assist in assessing the RPA’s position. The remote pilot must maintain visual line of sight contact with the RPA at all times, and the RPA must only be operated in Visual Meteorological Conditions (VMC). The operator must not operate the RPA outdoors in rain, or if thunderstorms are observed or reported within 5 kilometres of the location of the proposed operation. The obligations and requirements imposed by this instrument include ensuring that only authorised personnel operate the RPA, conducting risk assessments, maintaining visual line of sight contact with the RPA, and operating the RPA only in VMC. The operator must also have documented practices and procedures that address training and testing, risk assessment and mitigation processes, and these must be accepted in writing by CASA, or the National Assurance Manager or the Team Leader Remotely Piloted Aircraft Systems of CASA. The operator must also ensure that the RPA is fitted with serviceable equipment for a GPS hold and return to home function, and GPS lock with a minimum of 7 GPS satellites, and that orientation lighting is used, and ground station software is used to assist in assessing the RPA’s position. The operator must also ensure that take-off and landing areas are illuminated. Breach of this instrument may result in criminal or civil consequences. The maximum penalty for contravening a condition of approval is a fine of up to $22,200 for an individual or $111,000 for a body corporate. CASA may also cancel the approval if it is satisfied that the operator or the remote pilot is not fit and proper to hold the approval, or that the approval should not be held. Additionally, CASA may suspend or cancel the approval if it is satisfied that the operator or the remote pilot has contravened any condition of approval, or if the operator or the remote pilot has been convicted of an offence involving the operation of an aircraft.