Lesson Tag: AVI30419

In Australia there are commonly 3 laws:

• Statute Law:
  • Highest Law: Statute Law is decided on by the Cabinet (Parliament made up of House of Representatives and Senate) and enacted by the Governor-General, who holds the executive power of the Commonwealth
  • Made by Parliament/Governor-General in the form of an Act:
    • -> Primary Legislation
    • E.g. Civil Aviation Act 1988
  • Strict Liability: establishes a code of behaviour we all must follow to protect the general public. e.g. speeding on the roads, it does not matter whether you intended to or not.
    • Each Penalty Unit = $313 (indexed every 3 years)
• Common Law – Judge-made Law.
  • E.g. High Court of Australia
• Equity Law – Remedies injustices brought about by Common Law

Governor-General acts on the advice of the Parliament creating:

• Civil Aviation Acts 1988 (CAA)
• Civil Aviation Safety Regulations 1998 (CASR)
• CAR 1988 are being replaced by CASR 1998

Civil Aviation Safety Authority (CASA) delegated to prescribe effective details of Regulations via:

• Manual of Standards (MOS)
• CAOs are being replaced by MOS to align w ICAO

CASR

• Part 47 Registration of Aircraft
• Part 64 Authorisation for non-licensed personnel (AROC)
• Part 67 Medical
• D Modified Austroads Medical Standards
• Part 92 Consignment and carriage of Dangerous Goods by Air
• Part 99 Drug and Alcohol Management Plans and Testing
• Part 101
• Part 175 Aeronautical information management – AIS providers (Notam)

MOS (Part 101)

How do you find these documents?

Go to the CASA website!

CASR 47

CASR 47C.2 Registration of medium, small, very small, micro and model aircraft.

If you operate an unregistered RPA:

• Penalty 50 pu (50 x $313)
• Must be older than 16years to register RPA
• 12 months registration
• Required to produce a copy of certificate of registration to CASA or Police

CASR 64

CASR 64.B Transmission on aeronautical radio frequencies.

Eligible for AROC if:

• At least 17 years
• Received training and assessed (Part 61)
• Aviation English Language Proficient Assessment

CAR 83 prohibits a person from transmitting on a radio frequency unless qualified to do so:

• 50pu (50 x $313)

CASR 67

CASR 67.D Modified Austroads Medical Standards

• Unconditional
• Conditional:
  • Uncorrected visual acuity < std
  • Corrected to 6/12 in one eye & 6/18 in other
• See Austroads Medical Standards website
  • Assessing fitness to drive

CASR 92

CASR 92 Carriage of Dangerous Goods:

• Batteries are Dangerous Goods
• Lithium, Lithium ion cells or batteries can create fire and harmful accidents if carried in flight, certain limitations apply when for personal use
• E.g. 2 Lithium ion batteries (8>25g) Carry-on only
• Need to confirm with airline before flying

CAA 23 Dangerous Goods carriage or consignment:

• Penalty 2-7years imprisonment

CASR 99

CASR 99 Drug & Alcohol Management Plans and Testing

• https://www.youtube.com/watch?v=N93CB6VCQ88SSAA Safety Sensitive Aviation Activity
• Accident: an occurrence resulting in death or serious harm to a person; or an occurrence resulting in serious damage to an aircraft or property

CASR 175

CASR 175 Aeronautical Information Management

Documentation within Aviation is controlled:

• i.e. charts, manuals etc are regularly amended and the organisations that do this have to follow rules to standardize
• When we raise a NOTAM (Notice to Airman) this is also controlled under CASR 175

Types of RPA:

• Micro <250g
• Very Small 250g<2kg
• Small 2kg<25kg
• Medium 25kg<150kg
• Large >150kg

May operate an RPA in Controlled Airspace only if:

• Holds an AROC or a Flight Crew or an ATC Licence
• Maintains a listening watch on specified frequency
• Makes broadcasts on frequency at specified intervals giving specified information

Flight Rules

When operating an RPA:

• Only one RPA at a time
• Within Visual Line of Sight
• At or Below 400ft AGL
• Clear of cloud, fog or heavy rain, by Day and within Visual Line Of Sight (VLOS):
  • This you can see your drone with your own eyes at all times — not by using binoculars or watching a video screen
  • Not flying behind trees, buildings or anything else that stops you seeing your drone at all times.

Restrictions on Flight

Must Not Operate RPA:

• Within 30m of non-RPA persons
• Within a Prohibited or Restricted Area
• Over a Populous area
• Within 3NM or 5.5km of a Controlled Aerodrome
• Obstructing an aircraft on Take off or Approaching to Land at an Aerodrome
• Over an area with an Emergency (unless approved)
• Creating a hazard to another aircraft, person or property

Populous area: Area of sufficient density of population if some event happened during operation would pose an unreasonable risk to life, safety or property of somebody who is in the area.

Don’t forget that you will also have to check different airspace maps and weather forecasts before flying!

A remote pilot licence (RePL) allows you to fly remotely piloted aircraft (RPA) for business or as part of your job in circumstances that need specialist training.

You must apply for a RePL if you want to fly:

• A drone larger than 2 kg for commercial operations – anything other than sport or recreation
• Outside the drone safety rules

You must also:

• Apply for a remotely piloted aircraft operator’s certificate (ReOC); or
• Be employed by an existing ReOC holder as a remote pilot.

RePLs do not expire, and there is no minimum age requirement to obtain a RePL.

If you fly a RPA for business or as part of your job, you must get an RPA operator accreditation to fly it by 28 January 2021. This allows you to operate a drone commercially without an RePL for specific cases!

This may include activities such as:

• Selling photos or videos taken from a drone
• Inspecting industrial equipment, construction sites or infrastructure
• Monitoring, surveillance or security services
• Research and development
• Any drone activities on behalf of your employer

What is the Air Transport Safety Bureau (ATSB)

The Air Transport Safety Bureau (ATSB) is in charge of maintaining a safe airspace. Their primary roles are outlined in:

• Transport Safety Investigation Act 2003
• Transport Safety Investigation Regulations 2003

Immediately Reportable Matters

• Accidents involving:
  • Death or serious injury to a person from anything attached or that has become detached from the aircraft,
  • Destruction of or serious damage to the aircraft, vehicles or property or
  • Breakdown of separation standard between aircraft being provided with an Air Traffic Service separation service.
• Responsible person reports Immediately
• Followed up by a written report within 72 hours

Routinely Reportable Matters

• Incident involving:
  • Fuel exhaustion
  • Collision with an animal, including a bird, on a certified aerodrome
• Responsible person completes a written report within 72 hours

Responsible Person

This person is can be:

• a crew member of the aircraft concerned;
• the owner or operator of the aircraft;
• a person performing an air traffic control service in relation to the aircraft;
• a person performing a dedicated aerodrome rescue or firefighting service in relation to the aircraft; a member of the ground handling crew in relation to the aircraft;
• a member of the staff of the Civil Aviation Safety Authority;
• the operator of an aerodrome.

Voluntary and Confidential Reporting

REPCON allows any person who has an aviation safety concern to report it to the ATSB confidentially.

• e.g. A procedure, practice or condition that would endanger the safety of aircraft operations.

Transport and Safety Investigation Regulation 2012

Not guaranteed confidentiality if:

• Imminent threat to life
• Industrial relations
• Criminal offence
• Terrorist act

Taking Photos & Video Footage

• The Privacy Act prescribes a number of principles with respect to the collection, handling, management and use of personal information
• Whether the Privacy Act will apply to footage taken by an RPA, will depend on who takes the footage, whether the Act applies to that body or organisation.

However, the Act does not apply to local governments or private operators

Flying over Private Property:

• There is some uncertainty as to whether the flying of RPAs over private property without permission could amount to a trespass to land.
• A trespass to land is an interference with a landowner’s rights, which extend to the airspace over their land to a reasonable height.
• So as not to trespass over private property it is recommended RPAs are flown over land quickly as possible and at least at an arbitrary height of 50m, which has been recommended so as not to detract from the landowner’s use and enjoyment of their property