CASA 326/12 - Approval of area of operation - unmanned aerial vehicles (UAVs) participating in the 2012 UAV Outback Challenge; Exemption - requirement for UAV operator’s certificate

Overview

The Civil Aviation Safety Regulations 1998, enacted by the Australian Government, govern the safe navigation and operation of aircraft, including unmanned aerial vehicles (UAVs). To address the specific needs of the 2012 UAV Outback Challenge, the Civil Aviation Safety Authority (CASA) issued an exemption under section 98 of the Civil Aviation Act 1988. This legislation was necessary to allow the challenge to proceed without compromising safety, while still adhering to the overall regulatory framework. The exemption from certain regulations, including those that prohibit the dropping of objects from UAVs and the requirement for a UAV operator’s certificate for commercial operations, was granted to the Queensland University of Technology, which is hosting the event. CASA determined that these exemptions would not compromise safety, given the detailed mission rules and safety measures already in place. This exemption is subject to the Legislative Instruments Act 2003, which governs the creation and effect of legislative instruments like this one.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a regulatory framework for the safe navigation, operation, maintenance, and airworthiness of aircraft in Australia, as mandated by the Civil Aviation Act 1988. Specifically, the Act authorises the Civil Aviation Safety Authority (CASA) to issue instruments that affect these areas, including approving areas for the operation of unmanned aircraft and setting standards for their use. Regulation 101.030 allows CASA to approve specific areas for the operation of unmanned aircraft, while regulation 101.090 prohibits the dropping or discharging of objects from unmanned aircraft in a manner that poses a hazard. Additionally, regulation 101.270 mandates that a person must hold a UAV operator's certificate to operate a UAV for hire or reward. Exemptions from these regulations can be granted under subregulation 11.160 of CASR 1998, subject to parliamentary oversight under the Legislative Instruments Act 2003. In the context of the 2012 UAV Outback Challenge, Queensland University of Technology (QUT) sought an exemption from regulations 101.090 and 101.270 to facilitate the event, which is organised by ARCAA, Aviation Development Australia Limited, and the Association of Unmanned Vehicle Systems Australia. CASA granted the exemption, ensuring that safety would not be compromised during the event, which takes place at Kingaroy Aerodrome. The exemption applies to the class of persons participating in the challenge and is in effect from 1 October 2012 until the end of 4 October 2012.

Key Provisions

The main operative sections of this instrument are subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), which allows the Civil Aviation Safety Authority (CASA) to grant an exemption from compliance with a provision of the regulations or the Civil Aviation Orders (CAOs) in relation to a matter mentioned in subsection 98(5A) of the Civil Aviation Act 1988. This exemption is specifically for the 2012 UAV Outback Challenge conducted at Kingaroy Aerodrome. Under this exemption, Queensland University of Technology (QUT), the legal entity requesting the exemption, is permitted to operate unmanned aerial vehicles (UAVs) without needing to comply with certain provisions of the CASR 1998, namely regulations 101.090 and 101.270. Regulation 101.090 prohibits causing a thing to be dropped or discharged from an unmanned aircraft in a way that creates a hazard to another aircraft, a person, or property. Regulation 101.270 mandates that a person must hold a UAV operator’s certificate to operate a UAV for hire or reward. The exemption means that during the UAV Outback Challenge, QUT can operate UAVs without adhering to these specific regulatory requirements, provided safety is maintained as per the published mission rules. These rules include safety, air traffic management, and flight termination and maintenance protocols, among others. The instrument imposes certain obligations on QUT and the participating teams in the UAV Outback Challenge. These include ensuring that the operation of UAVs does not create hazards to other aircraft, people, or property, as stipulated in regulation 101.090. Additionally, while the exemption relieves QUT of the requirement to hold a UAV operator’s certificate for the duration of the event, the organisers must still ensure that all safety and operational standards are met to avoid any risks or hazards. CASA’s approval indicates that, based on the published mission rules and safety measures, the exemption will not compromise safety. Failure to comply with the provisions of the CASR 1998 from which exemptions have been granted can result in both civil and criminal consequences. Specifically, under regulation 101.090, causing a hazard to another aircraft, a person, or property can lead to civil penalties, including fines. Moreover, any breach of safety regulations that results in harm or damage can also result in criminal charges, with potential penalties including imprisonment. However, the exemptions granted in this instrument are specifically for the 2012 UAV Outback Challenge and are subject to the conditions set forth in the published mission rules.