CASA 23/23 — Operation of Remotely Piloted Aircraft Within No-Fly Zone of a Controlled Aerodrome Approval 2023

Overview

CASA 23/23 – Operation of Remotely Piloted Aircraft Within No-Fly Zone of a Controlled Aerodrome Approval 2023, made under the Civil Aviation Safety Regulations 1998, addresses the issue of safely managing the operation of remotely piloted aircraft (RPA) within the no-fly zones of controlled aerodromes where the Defence Force provides air traffic services. This instrument was enacted to ensure that the operations of RPAs do not compromise the safety of conventional aircraft movements within these sensitive areas. The Australian Civil Aviation Safety Authority (CASA), as a delegate of the Civil Aviation Safety Authority, made this instrument to enhance the safety and coordination of RPA operations in close proximity to controlled aerodromes. The policy objective is to provide a framework that ensures RPAs can be operated safely within these zones, while maintaining the integrity and safety of air traffic control services provided by the Defence Force. This regulatory instrument applies specifically to certified RPA operators who wish to conduct operations within the no-fly zones of relevant controlled aerodromes. It outlines conditions that must be met, such as making an agreement with the relevant air traffic control service, complying with their directions, and ensuring the RPA is equipped with an active fail-safe mode. Additionally, it mandates that operators must notify air traffic control of any "escape" events and adhere to other safety-related conditions to mitigate risks associated with RPA operations in these controlled areas.

Scope and Application

The instrument CASA 23/23, titled "Operation of Remotely Piloted Aircraft Within No-Fly Zone of a Controlled Aerodrome Approval 2023," applies to certified Remotely Piloted Aircraft (RPA) operators who wish to operate their aircraft within the no-fly zones of controlled aerodromes that are managed by the Defence Force. The instrument was made under the authority of the Civil Aviation Safety Regulations 1998 and is applicable nationwide across Australia, specifically targeting controlled aerodromes managed by Defence. The instrument outlines specific conditions that must be adhered to by RPA operators, including making an agreement with the relevant air traffic control (ATC) service, complying with any directions or conditions of the agreement, and ensuring operations are conducted in accordance with documented practices and procedures. Additionally, operators must equip their RPAs with active fail-safe modes and ensure transponders and ADS-B systems are only activated as directed by ATC. The instrument excludes any operations that do not meet the criteria of being conducted by a certified RPA operator within the defined no-fly zones of relevant controlled aerodromes.

Key Provisions

The primary sections of CASA 23/23 concern the approval for the operation of remotely piloted aircraft (RPA) within the no-fly zone of a controlled aerodrome that is a relevant controlled aerodrome, subject to specific conditions (sections 4, 5, and 6). According to section 5, the no-fly zone of a relevant controlled aerodrome is approved for RPA operation, provided the operator adheres to the conditions outlined in section 6. These conditions include making an agreement with the relevant air traffic control (ATC), complying with any directions given by the relevant ATC and the conditions of the agreement, conducting operations in accordance with documented practices and procedures, and ensuring the agreement is made by the chief remote pilot. Additionally, the operator must have an active NOTAM for RPA operations, notify the relevant ATC of any escape events, and ensure the RPA is equipped with an active fail-safe mode. The Act imposes several obligations on RPA operators. Primarily, they must ensure that operations within the no-fly zone of relevant controlled aerodromes are conducted under an agreement with the relevant ATC (section 6(1)). This agreement must be made on their behalf by the chief remote pilot and include compliance with any directions from the relevant ATC and the conditions of the agreement. The operator must also comply with their documented practices and procedures, with conditions in the Act taking precedence if there is a conflict (section 6(2) and (4)). Additionally, the operator must supply a copy of their current certification to the relevant ATC, notify the ATC of any escape events, and ensure the RPA is equipped with an active fail-safe mode (sections 6(5)(b), 6(7), and 6(9)). Failure to comply with the provisions of CASA 23/23 may result in various consequences. While the Act does not explicitly state penalties for non-compliance, violations of the Civil Aviation Safety Regulations 1998 (CASR), which this instrument amends, can lead to significant civil and criminal penalties. For instance, under CASR, a person who contravenes a direction given by ATC may face a maximum penalty of 20 penalty units or imprisonment for six months, or both. Additionally, if the operation of an RPA endangers the safety of any person or property, the operator can be liable for civil penalties or criminal prosecution, with potential fines and imprisonment depending on the severity of the breach.