Instrument number CASA 66/24

I, PAUL HIBBERD, National Manager, Emerging Technologies & Regulatory Change, National Operations & Standards Division, a delegate of CASA, make this instrument under regulations 11.245 and 101.030 of the Civil Aviation Safety Regulations 1998, and subsection 4.03 (7) of the Part 101 Manual of Standards.

[Signed P. Hibberd]

Paul Hibberd
National Manager, Emerging Technologies & Regulatory Change
National Operations & Standards Division

13 November 2024

CASA 66/24 — Operation of RPA Within 3 Nautical Miles of a Controlled Aerodrome (CASA-Verified Drone Safety App) Instrument 2024

1 Name

  This instrument is CASA 66/24 — Operation of RPA Within 3 Nautical Miles of a Controlled Aerodrome (CASA-Verified Drone Safety App) Instrument 2024.

2 Duration

  This instrument:

(a) commences on 16 November 2024; and

(b) is repealed at the end of 30 November 2026.

Note   For regulation 11.250 of CASR, the directions stated in section 5 cease to be in force at the end of 30 November 2026.

3 Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include aerial work operation, AGL, air traffic control, controlled aerodrome, military aerodrome, Part 101 Manual of Standards, remote pilot licence, RPA and RPAS.

  In this instrument:

ADS-B means automatic dependent surveillance – broadcast.

approved area has the meaning given by regulation 101.236 of CASR.

ATC means air traffic control.

CASA RPAS digital platform means the CASA digital platform, accessible on the internet by third party app developers, which provides data in relation to aeronautical information relevant to RPA operations.

CASA-verified drone safety app means a software application, connected to the CASA RPAS digital platform, which is listed as a verified app on the CASA website on the internet.

Note   The relevant CASA website address on the internet is https://www.casa.gov.au/drones/safety-apps.

documented practices and procedures has the meaning given by subsection 1.04 (2) of the Part 101 Manual of Standards.

measurement point has the meaning given by subsection 1.04 (2) of the Part 101 Manual of Standards.

operating area means the segment of airspace described on a CASA-verified drone safety app, defined by reference to horizontal and vertical limits within a relevant approved area, in which an RPA may be operated under subsection 4.03 (7) of the Part 101 Manual of Standards.

relevant approved area means an area approved under section 4.

relevant controlled aerodrome means a controlled aerodrome that is not a military aerodrome.

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.

4 Approval

1.          On application made by Airservices Australia, ARN 202210, under subregulation 101.030(1) of CASR, CASA approves each area described in subsection (2) as an area for the operation of RPA.
2.          For subsection (1), the area consists of any areas and airspace that are:

(a) below 400 ft AGL; and

(b) within 3 nautical miles, in any direction, from the measurement point of any runway of a relevant controlled aerodrome.

Note   The areas and airspace described in subsection (2) accord with the areas and airspace described in paragraph (a) of the definition of no-fly zone of a controlled aerodrome in section 4.02 of the Part 101 Manual of Standards.

1.           The operation of an RPA by a remote pilot in a relevant approved area is subject to the directions stated in section 5.

5 Directions

 (1) A remote pilot (the pilot) operating an RPA in an operating area must:

(a) if the pilot is an RPA operator — be registered, using a CASA-verified drone safety app, to be authorised to operate the RPA in the operating area during a period notified to the pilot on the app; or

(b) be a member of the personnel of an RPA operator that has registered, using a CASA-verified drone safety app, to be authorised to operate the RPA in the operating area during a period notified to the pilot on the app.

 (2) The pilot must, during the RPA operation, comply with any operating limitations, relevant to the operation, which are notified to the pilot on the CASA-verified drone safety app in relation to the registration mentioned in subsection (1).

 (3) The pilot must conduct the RPA operation only as an aerial work operation.

 (4) The pilot must, during the RPA operation:

(a) not operate any other RPA; and

(b) subject to subsection (5), take reasonable steps to ensure that:

 (i) reliable VHF coverage exists in the operating area, which would allow the pilot to communicate with ATC; and

 (ii) a listening watch is maintained on the relevant ATC frequency for the operating area, from 15 minutes before the start of a flight of the RPA until the RPA has landed at the end of the flight; and

(c) take reasonable steps to ensure that reliable mobile phone coverage exists in the operating area; and

(d) comply with any ATC direction in relation to the operation.

Examples   For paragraph (d), the direction could be to temporarily move the location of the operation within the operating area or temporarily cease the operation.

 (5) Paragraph (4)(b) does not apply if the pilot is operating the RPA within 100 metres laterally from, and below, an obstacle, other than an aircraft.

 (6) If during the RPA operation, the RPA leaves the operating area, whether or not under the pilot’s control, the pilot must notify ATC of the event immediately after the happening of the event.

 (7) The pilot must not transmit on the relevant ATC frequency for the operating area, during the RPA operation, unless:

(a) directed by ATC to do so; or

(b) the pilot does so to give a notification to ATC under subsection (6).

 (8) The pilot must, during the RPA operation, ensure the RPA is equipped and operated with an active fail-safe mode that will ensure, in the event of a data link loss between the RPA and its associated remote pilot station during a flight of the RPA, the RPA will:

(a) adjust altitude to the minimum safe level, to provide obstacle clearance and the minimum potential for collision with other aircraft; and

(b) transit to a pre-defined safe landing, or flight termination, area; and

(c) land or otherwise end the flight.

 (9) Unless directed by ATC to do so, the pilot must not, during the RPA operation, activate:

(a) any transponder fitted to the RPA; or

(b) the transmission of ADS-B position information by the RPA.

 (10) If there is an inconsistency between a requirement of the relevant RPA operator’s documented practices and procedures and a direction in this section, the pilot must comply with the direction.