CASA EX111/11 – Exemption – UAV Controller’s Certificate requirement for certification

Overview

The Civil Aviation Safety Regulations 1998 were amended by the exemption issued under the Civil Aviation Act 1988 to address the problem of the unsuitability of existing aviation licence theory examinations for certain Unmanned Aerial Vehicle (UAV) operations. Enacted by the Australian Government and managed by the Civil Aviation Safety Authority (CASA), this exemption was introduced to ensure that the requirements for UAV controllers are appropriate for their specific operations, particularly for those flying under 400 feet above ground level. The policy objective is to enhance the safety of air navigation by recognising a specially prepared Unmanned Aerial Systems (UAS) examination set by CASA. This amendment allows applicants who successfully complete this examination to be eligible for certification as UAV controllers, subject to specific conditions and restrictions on their operational areas. The exemption is considered a legislative instrument under the Legislative Instruments Act 2003, subject to the parliamentary processes of tabling and disallowance.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the exemption detailed in F2011L02026, apply to persons who are eligible for certification as Unmanned Aerial Vehicle (UAV) controllers. Specifically, this exemption concerns individuals who have successfully completed a specially prepared Unmanned Aerial Systems (UAS) examination set by the Civil Aviation Safety Authority (CASA). This exemption permits these individuals to be certificated for UAV operations, but with specific limitations: their certification is restricted to operations conducted at altitudes below 400 feet above ground level, and there are restrictions on the areas where these operations can take place. The exemption does not apply to the broader class of individuals who may wish to operate UAVs but have not undertaken and passed the UAS examination. This exemption is subject to the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and its application is limited geographically to Australia. The exemption is also subject to the Legislative Instruments Act 2003, which mandates its tabling and disallowance in the Parliament, and consultation with industry stakeholders has been undertaken as required by the Act. The exemption is effective from the date of its registration and ceases to have effect at the end of 31 August 2014.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) under this exemption relate to the granting of exemptions from certain regulatory requirements. Specifically, subregulation 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988) or a provision of the Civil Aviation Orders, in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft; or the airworthiness of, or design standards for, aircraft. The exemption in question allows certain applicants to be recognised as eligible to be certificated as a UAV (unmanned aerial vehicle) controller under regulation 101.295 without having to pass the usual aviation licence theory examination. Instead, applicants who have passed a specially prepared Unmanned Aerial Systems (UAS) examination set by CASA are recognised as eligible to be certificated. This exemption applies to operations less than 400 feet above ground level with restrictions on the area of operations. The obligations and requirements imposed by the Act on the parties it governs include the need for CASA to impose conditions on the exemption if necessary in the interests of the safety of air navigation. Additionally, any exemption granted must be published on the Internet and will cease on the day specified within it or, if no day is specified, three years after commencement. The exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Consultation under section 17 of the LIA has been undertaken, with two industry studies and recommendations from an industry team. Any offences, penalties, or civil/criminal consequences for breach of the provisions in this legislation are not explicitly stated in the text. However, it is important to note that the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA, which could result in the exemption being disallowed if it is not tabled or if it is disallowed by the Parliament. Additionally, failure to comply with the conditions of the exemption could result in CASA taking enforcement action, which could include fines or other penalties. The maximum penalties for breach of the provisions in this legislation are not specified in the text.