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

Overview

The Civil Aviation Safety Authority (CASA) introduced CASA 39/23 – Amendment of CASA 01/17 (Approval – operation of RPA at night) Instrument 2023 to update and refine the regulatory framework for the operation of Remote Piloted Aircraft Systems (RPA) at night. This instrument was enacted on 31 July 2023 by Robert Kenneth Walker, Executive Manager of Regulatory Oversight, under the authority delegated by CASA. The primary objective of this legislative amendment is to ensure that the operation of RPA at night adheres to the most current safety standards and operational guidelines as stipulated by CASA. By amending CASA 01/17, this instrument aims to integrate the latest versions of the RPAS Sample Operations Manual into the regulatory requirements, ensuring that all stakeholders are operating within the most up-to-date safety protocols. This update is crucial for maintaining the safety and efficiency of RPA operations in Australian airspace.

Scope and Application

CASA 39/23 – Amendment of CASA 01/17 (Approval – operation of RPA at night) Instrument 2023 applies to all entities and individuals involved in the operation of remotely piloted aircraft systems (RPA) at night in Australia. This includes operators, owners, and pilots of RPA who must adhere to the regulations set forth in this instrument. The instrument has a national reach and is applicable across all states and territories within the Commonwealth of Australia. It amends CASA 01/17, which previously governed the approval for night operations of RPA, by updating the RPAS Sample Operations Manual references to reflect the latest CASA publications. There are no specific exclusions or exemptions stated in this instrument, but the regulations it amends and updates would inherently apply exclusions based on certain conditions or criteria. The application and scope of the regulations may be further defined or restricted through subordinate instruments issued by CASA.

Key Provisions

CASA 39/23, issued under the authority of the Civil Aviation Safety Regulations 1998, modifies CASA 01/17, which pertains to the approval for operating Remotely Piloted Aircraft Systems (RPA) at night. The changes, which come into effect following registration, primarily update the definition of the RPAS Sample Operations Manual to include specific documents published by the Civil Aviation Safety Authority (CASA). These documents include the RPAS Sample Operations Manual dated 6 February 2017, version 1.0 published in January 2020, and version 1.0 published on 22 June 2023. The key obligation for parties operating RPA at night is to adhere to the updated RPAS Sample Operations Manual. This document, as amended, serves as a critical reference for ensuring that night operations comply with safety standards and regulatory requirements. The updated manual encompasses the latest CASA publications, ensuring that operators have access to the most current guidelines and procedures. Furthermore, operators must ensure that their practices align with the specific provisions outlined in these documents. Failure to comply with the requirements outlined in the amended RPAS Sample Operations Manual may result in regulatory action. Although the specific civil or criminal penalties for non-compliance are not detailed in the instrument, it is understood that such breaches could lead to enforcement actions under the Civil Aviation Safety Regulations 1998. This may include fines, revocation of operational approvals, or other regulatory sanctions designed to enforce compliance with aviation safety standards.