Instrument number CASA EX27/23
I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.
[Signed Chris Monahan]
Christopher P. Monahan
Executive Manager, National Operations & Standards
5 April 2023
CASA EX27/23 — Remotely Piloted Aircraft Operations Beyond Visual Line of Sight Exemption 2023
1 Name
This instrument is CASA EX27/23 — Remotely Piloted Aircraft Operations Beyond Visual Line of Sight Exemption 2023.
2 Duration
This instrument:
(a) commences on the day after it is registered; and
(b) is repealed at the end of 31 August 2024.
3 Repeal of instrument number CASA EX46/21
CASA EX46/21 — Remotely Piloted Aircraft Operations Beyond Visual Line of Sight Instrument 2021 is repealed.
4 Interpretation
(1) In this instrument:
documented practices and procedures has the meaning given by subsection 1.04(2) of the Part 101 Manual of Standards.
enclosed operation means an RPA operation in which an RPA is operated within a building or other structure, or a naturally occurring or manufactured space underground, in circumstances where:
(a) it is physically impossible for the RPA to escape and fly away from the building, structure or space if the RPA is no longer under the control of the remote pilot operating the RPA; and
(b) if the RPA collides with any part of the building, structure or periphery of the space, no material from the RPA, or building, structure or periphery of the space, can move or escape and cause injury to a person outside the building, structure or space.
EVLOS operation has the meaning given by section 5.04 of the Part 101 Manual of Standards.
exempted flight means a flight of an RPA that is operated beyond visual line of sight of the person operating the RPA at any time during the flight.
remote pilot means:
(a) the holder of a remote pilot licence; or
(b) a person who is taken to hold a remote pilot licence under subregulation 202.461(3) of CASR.
RPA operator means a person who is certified as an RPA operator under regulation 101.335 of CASR.
supervising remote pilot, for an RPA operation, means a remote pilot who:
(a) meets the requirements of subregulation 101.300(4) of CASR for operating an RPA beyond visual line of sight; and
(b) either:
(i) is the RPA operator of the RPA being operated during the RPA operation; or
(ii) if the remote pilot is not the RPA operator of the RPA — has been appointed by the RPA operator to supervise the person operating the RPA during the RPA operation.
(2) In this instrument, an RPA is operated beyond visual line of sight of the person operating the RPA if it is not operated within the visual line of sight of the person.
5 Exemptions
(1) A remote pilot who, as an RPA operator or member of an RPA operator’s personnel, operates an RPA for an exempted flight is exempt from compliance with paragraph 101.300(4)(a) of CASR.
(2) Subject to subsection (3), a remote pilot who, as a member of an RPA operator’s personnel, operates an RPA for an exempted flight is exempt from compliance with subregulation 101.073(1) of CASR.
(3) The exemption granted under subsection (2) only applies if the RPA operator holds an approval, under regulation 101.029 of CASR, for the operator’s personnel to operate the RPA beyond visual line of sight.
(4) The exemptions are subject to the conditions stated in section 6.
6 Conditions
(1) The remote pilot must ensure the RPA operation complies with the documented practices and procedures for operating the RPA for an exempted flight.
(2) Subject to subsection (4), the remote pilot must operate the RPA under the immediate supervision of the supervising remote pilot, for the RPA operation, who is:
(a) at the place where the remote pilot is located; and
(b) readily accessible to the remote pilot; and
(c) immediately available to advise, and direct, the remote pilot.
Note This subsection does not limit the supervising remote pilot observing multiple flights of RPAs, for the RPA operator, at the same time.
(4) Subsections (2) and (3) do not apply if the RPA operation is an enclosed operation or EVLOS operation.