CASA EX03/12 - Exemption - Unmanned Aerial Vehicles (UAV) Controller’s Certificate requirement for manufacturer training

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and aircraft operation, maintenance, and airworthiness. This legislative framework empowers the Civil Aviation Safety Authority (CASA) to issue instruments, including exemptions, to address specific safety issues. One such exemption pertains to the requirement for unmanned aerial vehicle (UAV) controllers to undergo training conducted by the UAV’s manufacturer, as stipulated under CASR 1998. This exemption was introduced to address the problem where potential applicants find it impractical or impossible to obtain manufacturer training. By enabling alternative training pathways, the exemption aims to facilitate broader participation in UAV operations while maintaining safety standards. The exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and it has been made in accordance with section 73 of the Civil Aviation Act 1988. The exemption is effective from the day after its registration and ceases on 30 December 2014.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the explanatory statement for F2012L00099, apply to the safe navigation, operation, maintenance, airworthiness, and design standards of aircraft within Australia. This regulation is an extension of the Civil Aviation Act 1988, allowing the Governor-General to enact regulations for aviation safety. Specifically, the exemption under consideration pertains to the requirement for an unmanned aerial vehicle (UAV) controller’s certificate, which traditionally necessitates training conducted by the UAV's manufacturer. This exemption applies to individuals or classes of individuals who find manufacturer training unavailable or impractical, enabling them to obtain the necessary training through alternative means. The exemption is subject to conditions imposed by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation and must be published online, lasting up to three years. The exemption is a legislative instrument under the Legislative Instruments Act 2003, requiring tabling and disallowance in Parliament. Human rights compatibility has been confirmed as this instrument does not engage any applicable rights or freedoms. The exemption commences post-registration and ceases by the end of 30 December 2014.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to include an exemption concerning the requirement for a UAV controller's certificate for manufacturer training. Specifically, subregulation 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the CASR 1998, including the Civil Aviation Regulations 1988 or Civil Aviation Orders, in matters related to safe navigation, operation, maintenance, airworthiness, or design standards of aircraft. This exemption, as outlined in subregulation 11.205(1), can be applied to individuals or classes of persons and may include specific conditions to ensure the safety of air navigation. The exemption is published on the internet and ceases no later than three years after its commencement, as per regulation 11.230(1). The exemption was created to enable prospective UAV controllers who cannot access manufacturer training to obtain the required training due to technological advancements. Entities governed by this Act must adhere to the conditions set forth by CASA when granting exemptions. This includes ensuring that the exemption does not compromise the safety of air navigation, and that any exemptions are published on the internet, as per regulation 11.225. The exemption is applicable to a class of persons, which means that the conditions and scope of the exemption must be clearly defined to avoid any ambiguity in its application. CASA has the authority to impose conditions on these exemptions, ensuring that the exemption serves its intended purpose without compromising aviation safety. Breach of the conditions set by CASA for these exemptions may lead to various consequences. The Act does not explicitly outline specific offences or penalties for breaches of the exemption conditions. However, any failure to comply with the safety regulations or conditions could potentially lead to legal action, including fines or other civil remedies, as well as criminal penalties if the breach results in a safety incident. The severity of the penalties would depend on the specific nature and impact of the breach, as well as any additional laws that might apply. It is crucial for entities governed by this Act to ensure strict adherence to the conditions set forth to avoid any legal repercussions.