Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2001 (NO. 4) 2001 NO. 349

EXPLANATORY STATEMENT

Statutory Rules 2001 No. 349

Issued by the authority of the Minister for Transport and Regional Services

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2001 (No. 4)

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.

Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.

The Civil Aviation Regulations 1998 (CAR 1998), new Part 101 entitled, Unmanned Aircraft and Rockets, was developed under the auspices of CASA's Regulatory Review Program. The Regulations cover the rules for the operation of unmanned balloons (both tethered and free), model aircraft, rockets, a new class of aircraft termed Unmanned Aerial Vehicles (UAVs), and firework displays. The Regulations include, under one banner, all unmanned aerial activities, an approach similar to that adopted by New Zealand and, to a lesser extent, the United States.

The previous legislation governing pilotless aircraft, balloons and rockets resided in various areas of the Civil Aviation Regulations (CAR 1988), such as regulations 137, 201, 259, 260, 295, and in the CAR 1998, such as regulations 200.6 and 200.9 and in Civil Aviation Orders (CAOs), through sections 95.14, 95.15 and 95.21. There was no civil aviation legislation governing the staging of pyrotechnic (firework) displays. The previous legislation provided limited guidance to CASA and operators on the operation of certain classes of balloons, model aircraft and rockets. The previous legislation did not provide guidance on unmanned aerial activities which fell outside the legislation other than a general prohibition on the activity except in accordance with the express permission of CASA.

The result of the deficiencies in the previous legislation was a varied interpretation of CASA's requirements with respect to unmanned aerial activities and a non standard approach by CASA to the approval of such activities. The legislation had the additional unintended effect of prohibiting and rendering illegal, certain activities which had no appreciable effect on aviation safety such as the:

       release of children's balloons,

       launching of small rockets, and

       operation outside approved areas of small model aircraft.

In contrast to this effect, CASA was unable to regulate certain activities which had the potential to affect the safety of air navigation, in particular, the staging of firework displays.

Part 101 sets out the general rules applicable to all classes of unmanned aerial activity and, where necessary, addresses individual classes of aircraft where aspects of their operation require particular attention.

In developing the new legislation to address these deficiencies, CASA identified the emerging class of aircraft, UAVs, as a class which required particular attention.

The general prohibition on the operation of model aircraft, rockets, tethered balloons and kites above 300 feet above ground level without approval has been revised to 400 feet above ground level in line with current practice in New Zealand, and the United Kingdom.

The Part 101 requirements applicable to tethered and free balloons are largely unchanged from that previously required except for new provisions allowing conditional operation at night and a table describing conditions under which small balloons may be released, similar to that adopted in the United Kingdom. A separate section of the Part 101 addresses pyrotechnic displays where they have the potential to affect the safety of air navigation and certain restrictions on the operation of model rockets and model aircraft have been relaxed where there was no appreciable effect on the safety of air navigation.

During the development of Part 101, extensive consultation was conducted with peak industry bodies such as the Australian Rocketry Association, the Model Aeronautical Association of Australia and sections of the Australian academic and industrial sector involved in the development of UAVs.

CASA's proposals for UAV legislation have been presented at international forums in Europe and the United States with favourable response. The UAV industry is eagerly awaiting the introduction of enabling legislation as, not only will it stimulate the growth of an emerging sector of the aviation industry in Australia, it will set a benchmark for development of UAV legislation worldwide. The absence of any existing standards for civil UAVs worldwide has limited their development and application to mainly military purposes with civil application hampered by lack of guidance and inconsistent application of legislation.

Part 101, Subpart F - UAVs, institutes a system of control over the operation of UAVs which parallels that for manned aircraft and includes equivalents for operator licences and air operator certificates. Rules for aircraft registration, airworthiness and maintenance are included while operating rules provide a level of safety according to the degree of risk to other users of airspace and the general public posed by the UAV.

The provisions of Subpart F are largely paralleled in Subpart G - Model aircraft. Aircraft weight classes are similar as are the general operating rules. CASA retains the ability to approve model aircraft operating areas where such approval is desirable, however, aeromodellers now have the freedom to operate outside approved areas subject to certain limitations.

While Part 101 makes provision for UAVs, it does not substantially alter previous, existing arrangements and is unlikely to have an adverse effect on business. To the contrary, it will stimulate the UAV industry and provide more flexibility to aeromodellers and rocketeers while providing the industry in general with comprehensive guidance on unmanned aerial activities.

Details of the amending Regulations are attached.

The Regulations will commence on 1 July 2002.

ATTACHMENT

Civil Aviation Amendment Regulations 2001 (No. 4)

DETAILS OF THE AMENDING REGULATIONS

REGULATION 1 - Name of Regulations

Regulation 1 names the amending regulations as the Civil Aviation Amendment Regulations 2001 (No. 4).

REGULATION 2 - Commencement

Regulation 2 provides that the regulations commence on 1 July 2002.

REGULATION 3 - Amendment of Civil Aviation Regulations 1988 and Civil Aviation Regulations 1998

Regulation 3(1) provides that Schedule 1 amends the Civil Aviation Regulations 1998.

Regulation 3(2) provides that Schedule 2 amends the Civil Aviation Regulations 1988.

REGULATION 4 - Transitional

Regulation 4 provides the transitional arrangements following commencement of Part 101 by saving the permissions, authorisations or approvals issued under the previous regulations to continue under the revised regulations.

Schedule 1 - Amendments of Civil Aviation Regulations 1998

ITEM 1 - Part 101

Item 1 inserts the new Part 101, entitled Unmanned aircraft and rockets, in the Civil Aviation Regulations 1998.

Subpart A - Preliminary

New regulation 101.000 - Make-up of Part

This regulation inserts the table of contents for Part 101.

New regulation 101.005 - Applicability of this Part

This regulation explains the applicability of Part 101 and the requirements set out for certain classes of unmanned aircraft, fireworks and rockets.

New regullation 101.010 - Application to rocket-powered unmanned aircraft

This regulation explains that an unmanned aircraft which is powered by a rocket motor is covered by Part 101.

New regulation 101.015 - Application of registration and marking requirements

This regulation states that the application of marking and identification requirements under the Civil Aviation Regulations 1988 and CAR 1998 do not apply to certain classes of aircraft.

New regulation 101.020 - Exemption from certain other provisions of CAR 1988

This regulation exempts unmanned aircraft from compliance with certain provisions in the Civil Aviation Regulations 1988 that are related to manned operations.

New regulation 101.025 - Meaning of populous area

This regulation introduces a new definition of populous area that defines such an area in terms of population density and the potential risk of hazard to that population from the operation of unmanned aircraft.

New regulation 101.030 - Approval of areas for operation of unmanned aircraft or rockets

This regulation describes the process for the application for, and the approval of areas for the operation of unmanned aircraft and rockets.

New regulation 101.035 - Requirements in this Part to give information to CASA

This regulation describes how information, required under the regulation, is to be given to CASA.

New regulation 101.040 - Exemptions

This regulation allows CASA to issue by instrument, exemptions from compliance with certain subparts of Part 101 subject to certain conditions.

New regulation 101.045 - Conditions imposed by CASA or another authority

This regulation requires that any conditions imposed in a permission, approval, certificate or exemption must be given in writing.

Subpart B - General prohibition on unsafe operation

New regulation 101.050 - Applicability of this Subpart

This regulation explains the applicability of Part 101, Subpart B, and the general prohibition on unsafe operation which is contained in Regulation 101.055.

New regulation 101.055 - Hazardous operation prohibited

This regulation sets out the types of operation involving unmanned aircraft, rockets and fireworks which are prohibited and applies a penalty of 50 penalty points if not complied with.

Subpart C - Provisions applicable to unmanned aircraft generally

New regulation 101.060 - Applicability of this subpart

This regulation explains the applicability of the provisions of Part 101, Subpart C, which is applicable to unmanned aircraft generally.

New regulation 101.065 - Operation in prohibited or restricted area

This regulation describes the operating conditions applicable to prohibited and restricted areas and provides for such operation subject to permission. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.070 - Operation in controlled airspace

This regulation sets out the conditions which must be satisfied prior to the operation of unmanned aircraft and rockets in controlled airspace and a penalty of 50 penalty units is applied if not complied with.

New regulation 101.075 - Operation near aerodromes

This regulation describes the conditions under which an unmanned aircraft may operate near or over aerodromes and a penalty of 25 penalty units is applied if not complied with.

New regulation 101.080 - Permission for operation of unmanned aircraft near aerodrome

This regulation specifies who gives approval for operation near aerodromes, what information must be provided (contained in Table 101.080) and allows CASA to impose conditions on that approval.

New regulation 101.085 - Maximum operating height

This regulation specifies the conditions under which an unmanned aircraft may be operated above 400 feet above ground level and applies a penalty of 50 penalty units if not complied with.

New regulation 101.090 - Dropping or discharging of things

This regulation prohibits the dropping or discharging of things from unmanned aircraft when such action creates a hazard to another aircraft, a person or property. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.095 - Weather and day limitations

This regulation sets out the general weather and visibility limitations for the operation of unmanned aircraft and a penalty of 25 penalty units is applied if not complied with.

Subpart D - Tethered balloons and kites

New regulation 101.100 - Applicability of this Subpart

This regulation explains the applicability of provisions of Part 101, Subpart D, which is applicable to tethered balloons and kites.

New regulation 101.105 - Definitions for Subpart

This regulation defines tethered balloon as a balloon that is attached to the ground, or an object on the ground, by a cable and explains how the height of a balloon is determined.

New regulation 101.110 - Tethered balloons and kites that may be operated outside approved areas

This regulation describes the circumstances under which a tethered balloon or kite may be operated outside an area approved by CASA and what information must be provided (contained in Table 101.110). A penalty of 10 penalty units is applied for failure to submit the information to CASA at least 1 working day prior to the intended operation.

New regulation 101.115 - Mooring-line marking

This regulation describes the method of marking mooring lines for tethered balloons and kites. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.120 - Operation of tethered balloon or kite under cloud

This regulation specifies the minimum allowable vertical separation of a tethered balloon or kite from cloud as 500 feet. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.125 - Tethered balloon to be lit at night

This regulation describes the lighting requirements for tethered balloons which are operated at night above 400 feet. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.130 - Rapid deflation device required

This regulation requires a tethered balloon to be fitted with a device which will rapidly deflate the balloon if it escapes from its mooring. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.135 - What to do if tethered balloon escapes

This regulation describes the actions to be taken following the escape of a tethered balloon when the rapid deflation device has failed to operate. A penalty of 10 penalty units is applied if not complied with.

Subpart E - Unmanned free balloons

New regulation 101.140 - Applicability of this subpart

This regulation states the applicability of Part 101, Subpart E, to unmanned free balloons.

New regulation 101.145 - Definitions for Subpart - free balloons

This regulation lists the definitions of the various classes of free balloons.

New regulation 101.150 - Definition for Subpart - approved area

This regulation clarifies the meaning of approved area that is defined in regulation 101.030 when applied to the operation of unmanned free balloons.

New regulation 101.155 - Releasing small balloons

This regulation specifies the conditions for the release of small balloons or groups of small balloons and includes a table (Table 101.155-1) of requirements relating to their release and a table (Table 101.155-2) listing the information that must be given to CASA. A penalty of 10 penalty units is applied if the requirements set out in the table have not been met.

New regulation 101.160 - Light balloons that may be released outside approved areas

This regulation specifies the conditions for the release of light balloons outside an area approved by CASA and includes a table (Table 101.160) listing the information that must be given to CASA. A penalty of 10 penalty units is applied if the person fails to notify CASA at least 1 working day before the release.

New regulation 101.165 - Release of medium and heavy balloons outside approved areas

This regulation specifies the conditions for the release of medium and heavy balloons outside an area approved by CASA and includes a table (Table 101.165) listing the information that must be given to CASA. A penalty of 10 penalty units is applied if the person fails to notify CASA at least 2 working days before the release.

New regulation 101.170 - Medium and heavy balloons not to be flown low

This regulation specifies the minimum height for the flight of a medium or heavy balloon over a populous area as 3000 feet above ground level. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.175 - Medium and heavy balloons to be flown in clear sky

This regulation specifies the minimum conditions of visibility for the flight of medium and heavy balloons. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.180 - How payload must be supported - medium and heavy balloons

This regulation sets out the requirements for the device which connects the payload to the balloon to be at least capable of supporting 10 times the mass of the payload. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.185 - Equipment that must be carried - medium and heavy balloons

This regulation specifies the equipment that must be fitted to a medium or heavy balloon during operations under these regulations. A penalty of 50 penalty units is applied if not complied with.

New regulation 101.190 - Lighting - medium and heavy balloons

This regulation specifies the lighting requirements for medium and heavy balloons that are operated at night below 60 000 feet pressure altitude. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.195 - Marking - free balloons generally

This regulation specifies the general marking requirements for all free balloons. A free trailing antenna may be carried provided coloured streamers or pennants are attached at 15 metre intervals. A penalty of 25 penalty units is applied if not complied with. A payload must be identified. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.200 - Marking by day - heavy balloons

This regulation specifies additional requirements for the marking of heavy balloons. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.205 - Lighting by night - heavy balloons

This regulation specifies the additional lighting requirements for heavy balloons operated above 60,000 feet pressure altitude. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.210 - Obligation to stay in communication with ATC medium and heavy balloons

This regulation establishes a requirement for the operator of a medium or heavy balloon to establish and maintain communications with air traffic control. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.215 - Tracking of flight - medium and heavy balloons

This regulation requires the operator of a medium or heavy balloon to continuously track its flight. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.220 - Flight reporting - medium and heavy balloons

This regulation establishes reporting requirements which must be observed by the operator of a medium or heavy balloon. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.225 - Ending flight and recovery - medium and heavy balloons

This regulation describes the actions required when ending the flight of a medium or heavy balloon. The operator must notify air traffic control at least 1 hour before the flight ends. A penalty of 10 penalty units is applied if not complied with. The operator may command the end of flight only in an emergency or when cleared by air traffic control. A penalty of 50 penalty units is applied if not complied with. The operator must tell the air traffic control certain information on ending a flight or releasing the payload. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.230 - Direction by ATC to end flight in certain circumstances

This regulation provides for an air traffic control service to command the end of a flight of a medium or heavy balloon in certain circumstances. A penalty of 50 penalty units is applied if not complied with.

Subpart F - Unmanned Aerial Vehicles (UAV)

Division 1 - General

New regulation 101.235 - Applicability of this Subpart

This regulation states the applicability of Part 101, Subpart F, to the operation of unmanned aerial vehicles (UAVs).

New regulation 101.240 - Definitions for Subpart

This regulation provides a list of definitions used in the Subpart, which are relevant to the operation of UAVs, and describes the classification of UAVs according to weight and type.

Division 2 - Operation of UAVs generally

New regulation 101.245 - Operation near people

This regulation specifies the safety distances for the operation of UAVs in the vicinity of people not directly associated with the operation. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.250 - Where small UAVs may be operated

This regulation prescribes the conditions under which a small UAV may be operated outside an area approved by CASA. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.255 - Large UAVs - requirement for certificate

This regulation requires the issue of either an experimental certificate or a special certificate of airworthiness under Subpart H of Part 21 before a large UAV can fly. A penalty of 50 penalty units is applied if not complied with.

New regulation 101.260 - Maintenance of large UAVs

This regulation defines a large UAV as a class B aircraft for the purposes of maintenance under the provisions of Subdivision 2 of Division 2 of part 4A of CAR 1988.

New regulation 101.265 - Application of s 20AB of the Act to large UAVs

For the purposes of s20AB of the Act, this regulation describes the authorisations necessary for a person to perform a function essential to the operation or maintenance of a large UAV.

New regulation 101.270 - Requirement for UAV operator's certificate

This regulation imposes a requirement for the operator to hold an Operating Certificate prior to the conduct of UAV operations for hire or reward. This provision is not inconsistent with the provision at s27 of the Act relating to Air Operator's Certificates. A penalty of 50 penalty units is applied if not complied with.

New regulation 101.275 - Approval of operation of large UAVs

This regulation imposes a requirement that a person may only operate a large UAV with CASA's approval. A penalty of 50 penalty units is applied if not complied with. The regulation allows CASA to impose conditions on the operation of large UAVs. A penalty of 50 penalty units is applied if the conditions are not complied with.

New regulation 101.280 - UAVs not to be operated over populous areas

This regulation places limits on the operation of certain UAVs over populous areas. A penalty of 50 penalty units is applied if the limits are not complied with and approval from CASA is not given.

New regulation 101.285 - Use of radiotelephone

This regulation sets out the requirements and conditions on the use of radiotelephones in conjunction with the flight of an UAV in controlled airspace. A penalty of 25 penalty units is applied if not complied with. The regulation also provides for CASA to direct that a particular person who is to control an operation must have certain qualifications and must do certain actions. A penalty of 50 penalty units is applied if the directions are not complied with.

New regulation 101.290 - Application for certification as UAV controller

This regulation lists the prerequisites for application for a UAV controller's certificate.

New regulation 101.295 - Eligibility for certification as UAV controller

This regulation lists the eligibility criteria for the award of a UAV controller's certificate.

New regulation 101.300 - Conditions on certification as UAV controller

This regulation allows CASA to impose conditions on the certification of a UAV controller in the interests of the safety of air navigation.

New regulation 101.305 - Certification as UAV controller

This regulation describes CASA's responsibilities for the issue of a UAV controller's certificate.

New regulation 101.310 - How long controller's certification remains in force

This regulation sets the period of validity of a UAV controller's certificate until it is cancelled.

New regulation 101.315 - Notice to certified UAV controller to show cause

This regulation requires CASA to give a show cause notice to a UAV controller if there are reasonable grounds for believing that there are facts or circumstances that would justify that his or her certificate may be suspended or revoked.

New regulation 101.320 - Cancellation of UAV controller's certification

This regulation provides for CASA to cancel a UAV controllees certificate subject to the issue of a show cause notice.

New regulation 101.325 - Cancellation at request of holder

This regulation provides for CASA to cancel a UAV controller's certificate at the request of the holder.

Division 4 - Certification as UAV operator New regulation 101.330 - Application for certification as UAV operator This regulation lists the prerequisites for application for a UAV controllees certificate.

New regulation 101.335 - Eligibility for certification as UAV operator

This regulation lists the eligibility criteria for the award of a UAV operator's certificate.

New regulation 101.340 - Conditions on certification

This regulation imposes conditions on the award of a UAV operator's certificate and provides for CASA to impose further conditions in the interest of safety.

New regulation 101.345 - Certification

This regulation provides for CASA to issue a UAV operator's certificate.

New regulation 101.350 - How long operator's certificate remains in force

This regulation sets the period of validity of an operator's certificate to remain in force until cancelled.

New regulation 101.355 - Certification not transferable

This regulation prohibits the transfer of an UAV operator's certificate.

New regulation 101.360 - Notice to certified UAV operator to show cause

This regulation requires CASA to give a show cause notice to a UAV operator if there are reasonable grounds for believing that there are facts or circumstances that would justify that the operators certificate be suspended or revoked.

New regulation 101.365 - Cancellation of UAV operator's certification

This regulation provides for CASA to cancel a UAV operator's certificate subject to the issue of a show cause notice.

New regulation 101.370 - Cancellation at the request of holder

This regulation provides for CASA to cancel a UAV operator's certificate at the request of the holder.

Subpart G - Model aircraft

New regulation 101.375 - Applicability of this Subpart

This regulation states the applicability of Part 101, Subpart G, to the operation of model aircraft.

New regulation 101.380 - Definitions for Subpart

This regulation provides a list of definitions used in the Subpart that are relevant to the operation of model aircraft.

New regulation 101.385 - Visibility for operation of model aircraft

This regulation sets out the visibility conditions for the operation of model aircraft. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.390 - Operating model aircraft at night

This regulation provides for the conditional operation of model aircraft at night in accordance with written procedures of an approved aviation administration organisation. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.395 - Keeping model aircraft away from people

This regulation specifies the operational criteria over populous areas and the safety distances for the operation of model aircraft in the vicinity of people not involved with the operation of the model aircraft. A penalty of 50 penalty units is applied if not complied with.

New regulation 101.400 - Operation of model aircraft outside approved areas

This regulation allows conditional operation of a model aircraft above 400 feet outside approved areas. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.405 - Giant model aircraft

This regulation sets out the conditions for the operation of a giant model aircraft. A penalty of 50 penalty units is applied if not complied with.

New regulation 101.410 - Model flying displays

This regulation sets out the conditions for the conduct of model aircraft flying displays. A penalty of 50 penalty units is applied if not complied with.

Subpart H - Rockets

New regulation 101.415 - Applicability of this Subpart

This regulation states the applicability of Part 101, Subpart H, to the operation of rockets.

New regulation 101.420 - Application of State and Territory laws about rockets

This regulation highlights the relevance of other State and Territory legislation governing the operation of rockets.

New regulation 101.425 - Definitions for Subpart

This regulation provides a list of definitions used in the Subpart that are relevant to the operation of rockets.

New regulation 101.430 - Launching rocket in or over prohibited or restricted area

This regulation sets out the conditions under which a rocket may be launched in or over prohibited or restricted areas. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.435 - Launching rockets into controlled airspace

This regulation sets out the conditions under which a rocket may be launched to higher than 400 feet into controlled airspace. A penalty of 50 penalty units is applied if not complied with.

New regulation 101.440 - Launching rockets near aerodromes

This regulation sets out the conditions under which rockets may be launched near aerodromes. Permission may be given for rockets to be launched to higher than 400 feet within 3 nautical miles of an aerodrome. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.445 - Getting permission for launch of rocket near aerodrome

This regulation describes how to get approval to launch a rocket near an aerodrome and provides in a table (Table 101.445) the details that must be given to CASA.

New regulation 101.450 - High power rockets

This regulation sets out the conditions for the launch of high power rockets in an approved area. A penalty of 10 penalty units is applied if not complied with. Details of the launch must be submitted to CASA 1 working day before the launch. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.455 - Maximum operating height of rockets

This regulation set out the conditions for the launch of rockets above 400 feet. A penalty of 10 penalty units is applied if not complied with.

New regulation 101.460 - Dropping or discharging things from rockets

This regulation prohibits the dropping or discharging of things from rockets when such action creates a hazard to an aircraft. A penalty of 25 penalty units is applied if not complied with.

New regulation 101.465 - Weather and day limitations - rockets other than model rockets

This regulation sets out the conditions of weather and visibility under which certain rockets may be launched. A penalty of 10 penalty units is applied if the conditions are not complied with.

New regulation 101.470 - Model rockets

This regulation sets out the conditions for the launching of model rockets. A penalty of 10 penalty units is applied if the conditions are not complied with.

Subpart 1 - Fireworks displays

New regulation 101.475 - What this Subpart does

This regulation describes the intent of Part 101, Subpart 1, with respect to firework displays.

New regulation 101.480 - Application of State and Territory laws about fireworks

This regulation highlights the relevance of other State and Territory legislation governing the operation of fireworks.

New regulation 101.485 - Meaning of operate a firework display

This regulation explains that the term operate a firework display means if a person places the fireworks for display or fires them off.

New regulation 101.490 - Certain projectiles prohibited in firework displays

This regulation prohibits the use of certain projectiles in firework displays that would exceed 400 feet without CASA approval. A penalty of 10 penalty units is applied if CASA approval is not sought.

New regulation 101.495 - Firework displays not permitted near aerodromes

This regulation permits the staging of fireworks displays near aerodromes, subject to approval from appropriate persons. A penalty of 10 penalty units is applied if permission or approval is not sought.

New regulation 101.500 - Notice to CASA of certain firework displays

This regulation describes the procedure for notifying CASA of a proposed fireworks display and provides a table (Table 101.500) giving -the details of the information required by CASA. A person intending to hold a display within 3 nautical miles of an aerodrome must give CASA 2 working days notice. A penalty of 10 penalty units is applied for not giving the notice to CASA.

ITEM 2 - Regulations 200.5 and 200.6

Item 2 removes the reference to tethered balloons and kites from regulation 200.5 and removes the exempting regulation 200.6 - Unmanned free balloons from CAR 1998 as the conditions and requirements have now been incorporated in these amending regulations.

ITEM 3 - Regulation 200.9

Item 3 removes the exempting regulation 200.9 - Untethered model aircraft flown out of doors from CAR 1998 as the conditions and requirements have now been incorporated in these amending regulations.

ITEM 4 - Dictionary, Part 1

Item 4 inserts new definitions relevant to Part 101 into the dictionary contained in the rear of CAR 1998.

ITEM 5 - Dictionary, Part 2, after clause 5

Item 5 inserts into Part 2 of the dictionary of CAR 1998 an explanation of what is meant by a reference to 'operating an aircraft in an area' as a reference to operating the aircraft in the airspace above the area.

Schedule 2 - Amendments of Civil Aviation Regulations 1988

ITEM 1 - Subregulation 2 (1), definition of kite

Item 1 removes the definition of kite from CAR 1988, as this definition will now be contained in CAR 1998.

ITEM 2 - After subregulation 2 (7A)

Item 2 inserts into CAR 1988 a determination that UAVs operating under Part 101 are to be classified in the aerial work operations category.

ITEM 3 - After paragraph 7A (a)

Item 3 inserts into CAR 1988 an additional entry exempting unmanned aircraft (other than large UAVs) operated under CAR 1998 Part 101 from the requirement to be registered.

ITEM 4 - Regulation 137

Item 4 removes regulation 137 - Pilotless aircraft, from CAR 1988 as this type of aircraft will now be dealt with in Part 101 of CAR 1998.

ITEM 5 - Regulation 201

Item 5 removes regulation 201 - Free balloons (lighting provision), from CAR 1988 as the provisions are now dealt with in Part 101 of CAR 1998.

ITEM 6 - Paragraph 206 (1) (a)

Item 6 amends paragraph 206(1)(a) of CAR 1988 by stating that aerial work, when conducted by a UAV, is not a prescribed purpose under section 27 of the Civil Aviation Act. Part 101 requires possession of an operating certificate before aerial work functions can be performed with a UAV, a requirement not inconsistent with section 27 of the Act.

ITEM 7 - Regulations 259 and 260

Item 7 removes regulation 259 - Free balloons, and regulation 260 - Fixed balloons and kites from CAR 1988 as these are now being dealt with in Part 101 of CAR 1998.

ITEM 8 - Regulation 295

Item 2 removes regulation 295 - Use of rockets from CAR 1988 as this will now be dealt with in Part 101 of CAR 1998.

ITEM 9 - Subregulation 308 (1)

Item 9 amends the text 'CASA may' and now makes regulation 308 - CASA may grant exemptions, conditional on a new subregulation 308 (1A) dealing with aircraft operated under Part 101 of CAR 1998.

ITEM 10 - After subregulation 308 (1)

Item 10 inserts a new provision (1A) in regulation 308 that renders Part 101 not subject to regulation 308 exemption processes.

CIVIL AVIATION SAFETY AUTHORITY

AUSTRALIA

Regulation Impact Statement

RIS 0016

Unmanned Aircraft and Rockets

Civil Aviation Safety Regulation Part 101

APPROVED

14 March 2001

ORR ED: 1814

CASA File Ref: 00/12700

Issued by CASA's Standards Coordination & Support Branch

March 2001

Background

Traditionally, an unmanned aircraft was thought of as either a model aircraft or something operated by the Defence Forces such as a cruise missile, surveillance drone or a target aircraft. Technological advances have enabled the development of a range of unmanned aircraft with application in the civil field. Such aircraft are referred to as Unmanned Aerial Vehicles (UAVs). While similar in characteristics to model aircraft, these machines have capabilities often far surpassing those of model aircraft. Such aircraft have potential use in littoral surveillance, communications, survey, law enforcement, hazardous area operation, and aerial photography.

The processes available to effectively control the use of these aircraft are not yet in place despite an increasing demand. To date, this demand has been confined to aircraft which are essentially modified model aircraft which have posed minimal threat to the safety of air navigation. However, maturing technology has enabled the development of much larger unmanned aircraft which will have an impact on civil air navigation in the near future.

CASA saw an opportunity to address this emerging problem at the same time as reviewing existing legislation applying to unmanned aircraft, rockets and balloons.

1. Problem

1.1       Current legislation governing the operation of unmanned aircraft and rockets is contained in various forms in both the Civil Aviation Regulations (CARs) and the Civil Aviation Orders (CAOs) and, in some cases, is either inadequate or nonexistent.

1.2       Under existing legislation, a rocket, a balloon or an aircraft capable of being flown without a pilot may not be flown except with the permission of CASA. As such aircraft, balloons or rockets cannot, in most cases, comply with all of the requirements of the Civil Aviation Regulations, they require exemption from the regulations before they can fly. Model aircraft have an exemption in the form of CAO 95.21 while unmanned balloons have CAOs 95.14 and 95.15. However, despite the existence of these orders, some of these devices such as balloons and certain model aircraft and rockets are being operated in a manner which is technically illegal under current legislation. In order to permit legal operation of these devices, CASA is required to issue the operators with exemption from compliance with certain legislation.

1.3       Much of the technical -breach of legislation relates to such matters as:

the release of small balloons;

flight of model aircraft outside approved areas;

minimum equipment levels of aircraft;

airworthiness standards;

qualifications of flight crew;

minimum flight altitudes;

flight under the instrument flight rules; and

requirements related to the conduct of commercial operations,

and has no impact on the safety of air navigation while the burden of regulatory compliance would place an unreasonable load on both the potential operator and CASA.

1.4       CASA has identified the following basic problems with existing legislative arrangements for the control of unmanned aerial activities:

       excessive administrative burden and cost (and associated compliance costs) in granting exemptions and policing as a result of increased demand for unmanned aircraft and rockets;

       inconsistency in decision making; and

       complexity of the regulations resulting in technical breaches.

1.5       Furthermore, the emergence of large unmanned aircraft as a class of aircraft and the airworthiness and operational requirements attendant with the operation of such aircraft requires a regulated approach to their operation that cannot be satisfied by the issue of exemptions. Such an approach is not possible within the current regulatory framework.

2.       Objective

2.1 The objective of CASA's policy on unmanned aircraft and rockets is to reduce the compliance burden and administrative costs associated with the increased operation of unmanned aircraft and rockets. Simplifying and improving the rules would help CASA overcome the identified problems. This can be achieved by:

       revising and updating existing regulations covering the operation of unmanned aircraft and rockets;

       consolidating existing legislation covering the operation of unmanned aircraft and rockets;

       reducing the reliance of the legislation on exemption(s); and

       delegating responsibility for administering particular aviation activities to industry.

2.2 Thus CASA has developed and aims to introduce Civil Aviation Safety Regulation (CASR) Part 101 which consolidates all of the legislation governing the operation of unmanned aircraft and rockets. The new legislation will establish both general and specific standards for all types of unmanned aircraft and rockets. Associated guidance material has also been developed to assist operators to comply with the proposed legislation.

2.3 The new regulation seeks to incorporate in one body of legislation all legislation related to the operation of unmanned aircraft. In so doing, the need to rely on exemption. from existing legislation will be largely eliminated together with a lack of standardisation resulting from individual assessment of exemption criteria.

2.4 The proposal expands upon similar legislation adopted by the United States and New Zealand and has been endorsed by Australian operators of unmanned aircraft during extensive public consultation.

2.5 In developing and updating Australian aviation legislation CASA also aims, as far as possible, to harmonise Australian legislation with that of major overseas nations.

2.6 By providing for delegation to the unmanned aviation industry of the responsibility for administering certain of their own activities, CASA can potentially reduce the impact of those activities on CASA's core activities. This delegation has existed for some time with the model aircraft community where the Model Aeronautical Association of Australia is the body responsible to CASA for much of the administration of model aircraft activities in Australia. Extension of this concept to other sections of the unmanned aviation community is a logical next step.

3.       Options considered

3.1 As the problems and solutions are similar across the range of unmanned devices, the logical step was to produce a suite of legislation that simplified the rules and the compliance requirements while ensuring that the safety of air navigation was not compromised.

3.2       The introduction of legislation governing the operation of UAVs is seen as necessary, firstly to distinguish UAVs from model aircraft and, secondly, to cater for the capabilities of this growing class of pilotless aircraft.

3.3 The options considered during development of the new regulations were:

complete adoption of foreign legislation;

adaptation of foreign legislation to suit Australian conditions;

revision and modification of existing Australian legislation; or

retention of existing legislation without change; and

adoption of either prescriptive or performance based legislation.

3.4 In considering the development of new legislation, the Regulatory Framework Program Technical Committee reviewed the US FARs, the JARs, British ANOs, and the New Zealand and Canadian aviation safety regulations, prior to making recommendations for regulatory change in Australia.

3.5       No other options were considered viable or appropriate.

4. Impact Analysis

4.1 There is no relevant ICAO recommendation or standard for unmanned aircraft other than a reference to unmanned free balloons in Annex 2 of the ICAO Standards and Recommended Practices. International practice varies between national authorities. Most nations have in place a system similar to that of Australia where individual approvals or special flight authorisations are required. However, where specific legislation did exist, none was sufficiently comprehensive to justify its adoption in toto. Furthermore, much of the legislation considered was reliant upon exemption as a means of permitting particular aviation activities.

4.2 The US FAR Part 101 regulates the use of moored balloons, kites, unmanned rockets and unmanned free balloons while Part 101 of the New Zealand Civil Aviation Rules expands upon its US counterpart by including model aircraft, gyrogliders and parasails. Both sets of legislation are similar in content to existing Australian legislation and nothing would be gained by adopting it in favour of existing Australian legislation.

4.3 With the exception of New Zealand, none of the selected nations had in place any legislation governing the use of model aircraft, and no nations had in place legislation appropriate for the regulation of unmanned aircraft activities. Accordingly, in the absence of comprehensive foreign legislation on which to base new Australian legislation, the CASA/Industry Project Team determined that Option 3, revision and modification of existing Australian legislation along the lines adopted by New Zealand, but with the addition of material pertinent to UAVs, is appropriate. The inclusion of gyrogliders and parasails in the proposed legislation was not considered appropriate as these activities are manned and are to be covered in legislation governing sport aviation.

4.4 In determining whether to adopt prescriptive or performance based legislation, CASA considered that, while performance-based legislation is simple to administer, the prevalence of non-aviation personnel in the operation of unmanned aircraft and rockets renders prescriptive legislation more appropriate. Furthermore, where specific safety objectives were considered necessary such as separation of unmanned aircraft from manned aircraft, compliance with the rules of the air and protection of the public, the adoption of prescriptive legislation in favour of performance-based legislation was warranted.

Persons Affected

4.5       The persons affected by this Regulation are:

operators of unmanned balloons, model aircraft, rockets, kites, UAVs;

organisers of displays of model aircraft, pyrotechnics;

constructors of unmanned balloons, UAVs;

CASA staff; and

Airservices Australia staff.

Effect on Existing Regulation

4.6       A number of consequential amendments to the existing CARs are necessary as the result of enactment of CASR Part 101.

The following action will be necessary:

       repeal of the following Civil Aviation Regulations:

-       137 - Conditions of Flight, Pilotless Aircraft;

-       201 - Lights to be Displayed, Free Balloons;

-       259 - General Provisions Relating to the Operation of Aircraft, Free Balloons

-       260 - General Provisions Relating to the Operation of Aircraft,

       Fixed Balloons and Kites; and

-       295 - Use of Rockets;

       repeal of the following Civil Aviation Orders:

-       95.14 - Exemption from the Provisions of the Civil Aviation Regulations 1988, Tethered Balloons, Kites, Gyrogliders and Parasails;

-       95.15 - Exemption from the Provisions of the Civil Aviation Regulations 1988, Unmanned Free Balloons; and

-       95.21 - Exemption from the Provisions of the Civil Aviation Regulations 1988, Model Aircraft;

       amendment to CARs (1988) 2 and 206 relating to the classification of operations; and 308 relating to CASA's power to issue exemptions;

       transitional and saving provisions.

4.7       With the exception of Subparts E and G relating to UAVs and Pyrotechnic displays, the CASR Part harmonises closely with New Zealand CAR Part 101.

Effect of Changes - Benefits

4.8 Existing legislation lays down registration, airworthiness design and operational standards for all aircraft but does not distinguish between manned and unmanned aircraft. There are numerous instances where unmanned aircraft cannot comply with standards applicable to manned aircraft yet there is no mechanism under the Regulations to allow departure from the prescribed standards for unmanned aircraft. The new legislation addresses that discrepancy and gives the operators of UAVs the legal framework within which to operate.

4.9 The proposed new legislation reduces CASA Central Office involvement in the issue of approvals and exemptions for the operation of unmanned moored balloons, kites, model aircraft, rockets and UAVs.

4.10 The general height limitation of 300ft AGL previously imposed on the operation of unmanned moored balloons, kites, model aircraft and rockets has been raised to 400ft AGL in line with overseas practice while other restrictions have been relaxed where no appreciable safety benefit was served.

Accordingly, for example, a person may operate a small UAV or model aircraft clear of populous areas without gaining prior CASA approval, rules on the operation of model rockets have been simplified to allow certain launch activities without prior approval and the release of small numbers of small balloons without approval is no longer an offence.

Effect of Changes - Costs

4.11 The new legislation will facilitate an increase in the level of unmanned aircraft activity. This may lead to an increase in the workload of CASA regulatory services staff who will be required to assess operating approvals and requests for operator and controller certificates and for airworthiness staff who will be required to address airworthiness matters arising from the introduction of a new class of aircraft. This increased workload will be offset to some degree by the delegation to industry of some of the responsibility for their operations.

4.12 The new legislation introduces new requirements for the launch of large numbers of certain free balloons in the vicinity of aerodromes where previously there was no guidance and places certain requirements on the organisers of pyrotechnic displays where such displays are in the vicinity of an aerodrome or have the potential to exceed the prescribed altitude of 400ft AGL. Such requirements are seen to be necessary in the interests of air safety.

4.13 There will be costs to the UAV industry arising as a result of the new legislation. These financial imposts have always existed for conventional aircraft but there have been no means whereby unmanned aircraft could qualify for the issue of relevant certificates. Although UAVs represent a new category of aircraft, the requirements are generally in line with those for manned aircraft. Thus, while the costs associated with the issue of certificates are not new imposts generally, they are newly applicable to the unmanned aircraft sector of the industry and amount to:

       $1000 to $1500 for the issue of an Operator's Certificate for the operator of a UAV;

       $75 per man-hour for the initial issue of a type certificate for a UAV. Depending upon the complexity of the UAV, this figure would be in the order of 50% of the cost for a similar sized manned aircraft which typically starts at around $50,000. While the cost associated with the issue of a type certificate for a large UAV may appear to be significant, it is a one-off cost borne by the constructor of the UAV, its impact per aircraft reducing in proportion to the number of aircraft produced;

       $75 per man-hour for the issue of an airworthiness certificate for a UAV. Thus an inspection which took about two hours would cost around $150; and

       $50 to $55 for the issue of a controller certificate.

Certain air navigation charges may also apply if the services of Airservices Australia facilities were employed during operations. The impact of these additional costs is expected to be minimal and would be proportional to the amount of time that a UAV was operated in controlled airspace.

Effects on the Environment

4.14 There will be no change to the environmental impact of unmanned aircraft and rocket operations resulting from this proposed legislation.

Compliance

4.15 Compliance with the proposed legislation will be monitored and enforced through normal CASA surveillance activity which could involve both scheduled and unscheduled audits of operations and facilities or monitoring of actual operations to assess compliance with specified conditions.

5. Consultation Process

5.1 Considerable discussion has taken place previously between Industry and the Unmanned Aircraft Operations Project Team of the former CASA Sport Aviation Technical Committee (TC7) and through public comment on NPRM/DP 9806RP. The Project Team comprised, inter alia, representatives of:

       ASTA/Boeing;

       Ark Associates Pty Ltd;

       Australian Rocketry Association;

       Australian Defence Force Academy;

       The Bureau of Meteorology;

       Sencon Environmental Systems;

       The Model Aeronautical Association of Australia;

       RMIT;

       University of Sydney;

       Airservices Australia;

       Queensland Rocketry Association;

       New South Wales Rocketry Association; as well as

       numerous interested individuals.

5.2 Comments and recommendations resulting from that process were incorporated in NPRM 0009OS which elicited a further number of suggestions. A number of those suggestions have been incorporated in the Final Rule.

Analysis - NPRM/DP 9806RP

5.3 From over 400 copies of the NPRM/DP distributed to CASA personnel, industry and interested persons, CASA received thirty eight responses covering in the order of ninety topics. This response was generally in favour of the proposal subject to incorporation of a number of changes. The disposition of comments is shown in figure 1.

A graphic exists here. Use Browse to view it

5.4 There was no common thread to responses with comments spread uniformly across the content of the NPRM. Many of the comments received pointed to a lack of detail in the proposed legislation. In general, the proposal was intended to minimise reliance on prescriptive legislation relying instead on advisory material which will accompany the final legislation.

Analysis - NPRM 0009OS

5.5       CASA received nineteen responses to the NPRM. The disposition of

Comments is shown in figure 2.

A graphic exists here. Use Browse to view it

5.6       The distribution of those comments is shown in figure 3 below.

Figure 3

Distribution of comments

A graphic exists here. Use Browse to view it

5.7 The majority of the comments received concerned aspects of model aircraft operation. The remainder of comments was spread equally across the remaining classes of unmanned aircraft, fireworks, rockets and general legislation. As with the earlier discussion paper, there was no common thread to the responses and no respondents expressed complete disagreement with the proposal.

6. Conclusion and Recommended Option

6.1 The option chosen by CASA was revision and modification of existing Australian legislation along the lines adopted by New Zealand, but with the addition of material pertinent to UAVs and firework displays.

7. Implementation & review

7.1 The proposed implementation date for the new rule will be July 2002. The rule is expected to be made in October 2001 and the eight months transitional period prior to commencement will be utilised for training and education programmes, and the provision of advisory and procedural information.

7.2 CASR PART 101 is recommended by the Director of Aviation Safety, approved by the Minister for Transport and Regional Services and made by the Governor-General at the relevant Federal Executive Council.

7.3 It is intended that this policy will be reviewed every 5 years in line with the

Legislative Instruments Bill (1986).

Office of Regulation Review

Courier Delivery Only
Level 3, Nature Conservation House
Cnr Emu Bank and Benjamin Way
Canberra ACT 2617
Mail
PO Box 80
Belconnen ACT 2616
AUSTRALIA
Telephone       02 6240 3290
Facsimile 0262403355
Email orr@pc.gov.au

14 March 2001
PRODUCTIVITY COMMISSION
Glenn Harley
Civil Aviation Safety Authority
GPO Box 2005
Canberra ACT 2601
Tel: 6217 1242
Fax: 6217 1691

Dear Glenn

Regulation Impact Statement: Unmanned Aircraft and Rockets

Thank you for the draft Regulation Impact Statement, which assesses the impact of proposed new rules for unmanned aircraft and rockets. The ORR advises the Statement satisfies the Commonwealth requirements for regulation impact statements as set out in A Guide to Regulation.

Thank you for consulting the ORR. If you have any further queries please contact me on 6240 3267.

Yours sincerely

Ruth Thomson


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