Air Law – Operating RPA

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