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(1) A person may operate a large UAV only with CASA’s approval.
Penalty: 50 penalty units.
(2) CASA may impose conditions on an approval in the interests of the
safety of air navigation.
(3) For example, without limiting the generality of subregulation (2),
CASA may impose conditions on an approval:
(a) prohibiting the operation of the relevant UAV at night or in
conditions other than VMC; or
(b) restricting the extent to which the UAV may be operated at night
or in conditions other than VMC; or
(c) requiring the UAV to stay within a specified area, or
(d) requiring the operator to make specified broadcasts.
(4) The operator of a UAV must comply with a condition of the approval
of its operation.
Penalty: 50 penalty units.
(5) If the person is certificated as an operator of large UAVs, and the
proposed operation would not contravene any condition of the
certification, CASA must approve the proposed operation, but may
impose conditions (including conditions mentioned in subregulation
(3)) on the approval.
Note For certification as an operator of UAVs, see Division 4 of this Subpart.
(6) An offence against subregulation (1) or (4) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
101.280 UAVs not to be operated over populous areas
(1) In this regulation:
certificated UAV means a UAV for which a certificate of
airworthiness has been issued.
(2) A person must not operate a UAV that is not a certificated UAV over
a populous area at a height less than the height from which, if any of
its components fails, it would be able to clear the area.
Penalty: 50 penalty units.
Note 1 For populous area, see regulation 101.025. For UAV, see regulation
101.240.
Note 2 For the kinds of UAV operation to which this Subpart does not apply, see
regulation 101.235.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 101 — 34
(3) Without the approval of CASA, a person must not operate a
certificated UAV over a populous area at a height less than the height
from which, if any of its components fails, it would be able to clear
the area.
Penalty: 50 penalty units.
(3A) An offence against subregulation (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) In considering whether to give an approval under subregulation (3),
CASA must take into account:
(a) the degree of redundancy in the UAV’s critical systems; and
(b) any fail-safe design characteristics of the UAV; and
(c) the security of its communications and navigation systems.
(5) Before giving an approval under subregulation (3), CASA must be
satisfied that the person who intends to operate the UAV will take
proper precautions to prevent the proposed flight being dangerous to
people and property.
101.285 Use of radiotelephone
(1) A person may control a UAV in controlled airspace only if he or she:
(a) holds an aircraft radiotelephone operator’s certificate of
proficiency; and
(b) maintains a listening watch on a specified frequency or
frequencies; and
(c) makes broadcasts on a specified frequency or frequencies at the
specified interval giving the specified information.
Penalty: 25 penalty units.
Note This Subpart does not apply to the operation of micro UAVs — see
subregulation 101.235 (3).
(2) In subregulation (1):
specified frequency for particular airspace means a frequency
specified from time to time in AIP or by ATC as a frequency for use
in the airspace.
specified information for particular airspace means information
specified from time to time in AIP or by ATC as information that
must be broadcast in the airspace.
specified interval for particular airspace means the interval specified
from time to time in AIP or by ATC as the interval at which
broadcasts must be made while in that airspace.
(3) CASA may direct that a particular person must not control a UAV
unless the person:
(a) holds an aircraft radiotelephone operator’s certificate of
proficiency; and
Civil Aviation Safety Regulations 1998(CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 101 — 35
(b) maintains a listening watch on a frequency or frequencies
specified in the direction; and
(c) makes broadcasts:
(i) on a frequency or frequencies; and
　
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