Part 101 Manual of Standards (Miscellaneous Revisions) Amendment Instrument 2023 (No. 2)

PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 101.028 and 201.025 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

6 July 2023

1 Name of instrument

This instrument is the Part 101 Manual of Standards (Miscellaneous Revisions) Amendment Instrument 2023 (No. 2).

2 Commencement

This instrument commences on the day after it is registered.

3 Amendment of the Part 101 Manual of Standards

Schedule 1 amends the Part 101 (Unmanned Aircraft and Rockets) Manual of Standards 2019.

Schedule 1 Amendments

[1A] Subsection 1.04 (2), definition of documented practices and procedures

omit

that have been approved in writing by CASA.

insert

that, to the extent required by this MOS, have been approved in writing by CASA.

[1B] Subsection 1.04 (2), definition of documented practices and procedures, the Note

repeal and substitute

Note See also subsection 1.04 (3). An operator is required to have suitable documented practices and procedures. An operator’s initial documented practices and procedures must be approved by CASA. Thereafter, only significant changes to the documented practices and procedures must be approved by CASA. See subparagraphs (b) (i), (iii), (iv) and (v) of the definition of significant change.

[1C] Paragraph 1.04 (3) (c), the Note

repeal and substitute

Note See also the definition of documented practices and procedures. An operator’s initial documented practices and procedures must be approved by CASA. Thereafter, only significant changes to the documented practices and procedures must be approved by CASA. See subparagraphs (b) (i), (iii), (iv) and (v) of the definition of significant change.

[1] Paragraph 2.06A (2) (a)

omit

impossible or impracticable

insert

impossible, impracticable or unreasonable

[2] After paragraph 2.06A (2) (a)

insert

Note For example, if a feature of the RPA otherwise required an applicant to repeat training previously successfully completed for an initial RePL, CASA may, subject to considerations of aviation safety, consider that such repetition would be unreasonable.

[3] Paragraph 2.18A (3) (a)

omit

impossible or impracticable

insert

impossible, impracticable or unreasonable

[4] After paragraph 2.18A (3) (b)

insert

[5] Subsection 2.20 (3), second occurring

repeal

[6] Subsection 2.20 (4)

repeal

[7] Section 10.18

repeal

[8] Division 11.1, the heading

omit

or model aircraft

[9] Section 11.01

repeal and substitute

11.01 Purpose

For subregulation 101.099B (1) of CASR, this Division prescribes the circumstances in which an RPA that is not required to be registered under Division 47.C.1 of CASR, and is not registered under Division 47.C.2, may be operated for the purposes of a test flight.

Note For operations, all RPA are required to be registered, generally under Division 47.C.2, unless specifically excluded by CASA (see subregulation 47.015 (1B)) or unless conducting a test flight in accordance with this Chapter.

[10] Subsection 11.02 (1), the chapeau

omit

or a model aircraft

[11] Subsection 11.02 (1)

omit

(1) For paragraph 11.01 (a),

insert

For section 11.01,

[12] Subsection 11.02 (2)

repeal

[13] Division 11.2, the heading

omit

or a model aircraft

[14] Section 11.03

repeal and substitute

11.03 Purpose

For subregulation 101.099B (3) of CASR, this Division prescribes the requirements relating to the operation of an RPA mentioned in section 11.01 (a relevant aircraft) for the purposes of a test flight.

[15] Chapter 12, the heading

omit

AND MODEL AIRCRAFT

[16] Section 12.01, the heading

omit

and model aircraft

[17] Subsection 12.01 (2)

omit

or a model aircraft

[18] Chapter 13, the heading

omit

AND MODEL AIRCRAFT

[19] Section 13.01, the heading

omit

or model aircraft

[20] Subsection 13.01 (2), definition of model glider

repeal

[21] Subsection 13.01 (2), definition of unmanned aircraft to which this section applies

repeal and substitute

unmanned aircraft to which this section applies means any RPA that has been registered under a law of a foreign country but not registered in Australia.

[22] Section 13.02, the heading

omit

or model aircraft

[23] Section 13.03, the heading

omit

or model aircraft

[24] Paragraph 13.03 (1) (a)

omit

or a model aircraft

[25] Chapter 14, the heading

omit

AND MODEL AIRCRAFT

[26] Section 14.01, the heading

omit

and model aircraft

[27] Subsection 14.01 (2)

repeal and substitute

(2) In this section:

unmanned aircraft to which this section applies means an RPA that:

(a) is not a foreign registered RPA; and

(b) is required to be registered under Division 47.C.2 of CASR.