Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Unmanned Aerial Vehicles (UAV) Controller’s Certificate requirement for manufacturer training
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the
Governor-General may make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225, an exemption must be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.
Under paragraph 101.295 (2) (d) of CASR 1998, a person is eligible to be certificated as an unmanned aerial vehicle (UAV) controller if, among other things, he or she has completed a training course in the operation of the type of UAV that he or she proposes to operate, conducted by the UAV’s manufacturer. There are a number of applicants for whom manufacturer training is either not available or impractical to obtain. Technology is now more available to the potential applicant.
Instrument
The legislative instrument exempts an applicant for certification as a UAV controller from a normal eligibility requirement in paragraph 101.295 (2) (d) of CASR 1998 to have completed training conducted by the UAV’s manufacturer.
Instead, the legislative instrument requires the applicant to have completed a training course conducted by an approved agent of the manufacturer, a type training provider recognised by CASA for that type of UAV, or a UAV operator certificate (UOC) holder who operates that type of UAV in accordance with the UOC holder’s operations manual.
Alternatively, for an applicant who purchases a small UAV that is ready to fly, the applicant may complete a flight test conducted by a CASA inspector. A small UAV is defined in regulation 101.240 of CASR 1998 to include an unmanned aeroplane weighing between 100 grams and 150 kilograms, and an unmanned rotorcraft weighing between 100 grams and 100 kilograms.
The purpose of this legislative instrument is to enable prospective applicants to obtain appropriate training for certification as a UAV controller where the applicant is not able to complete training conducted by the UAV’s manufacturer.
Legislative Instruments Act 2003 (the LIA)
Under section 5 of the LIA, subject to sections 6, 7 and 9 of the LIA, a legislative instrument is an instrument in writing that is of legislative character, and that is or was made in the exercise of a power delegated by the Parliament.
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons, namely, applicants for UAV controller certification, and is, therefore, a legislative instrument.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument is a renewal of a similar instrument, CASA EX03/12, which expired at the end of 30 December 2014. Before the making of CASA EX03/12, CASA undertook 2 industry studies and invited an industry team to make recommendations. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for subordinate instruments of this kind (OBPR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day of registration and expires at the end of May 2018, as if it had been repealed by another instrument.
[Instrument number CASA EX128/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — Unmanned Aerial Vehicles (UAV) Controller’s Certificate requirement for manufacturer training
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument exempts an applicant for certification as an unmanned aerial vehicle (UAV) controller from a normal eligibility requirement in paragraph 101.295 (2) (d) of the Civil Aviation Safety Regulations 1998 to have completed training conducted by the UAV’s manufacturer.
Instead, the legislative instrument requires the applicant to have completed a training course conducted by an approved agent of the manufacturer, a type training provider recognised by CASA for that type of UAV, or a UAV operator certificate (UOC) holder who operates that type of UAV in accordance with the UOC holder’s operations manual. Alternatively, for an applicant who purchases a small UAV that is ready to fly, the applicant may complete a flight test conducted by a CASA inspector.
The purpose of this legislative instrument is to enable prospective applicants to obtain appropriate training for certification as a UAV controller where the applicant is not able to complete training conducted by the UAV’s manufacturer.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority