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CASA EX128/15 - Exemption — Unmanned Aerial Vehicles (UAV) Controller’s Certificate requirement for manufacturer training

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Instrument number CASA EX128/15
I, MARK ALAN SKIDMORE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed Mark Skidmore AM]
Mark Skidmore AM
Director of Aviation Safety
29 July 2015
Exemption — Unmanned Aerial Vehicles (UAV) Controller’s Certificate requirement for manufacturer training
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   expires at the end of May 2018, as if it had been repealed by another instrument.
2          Definitions
                 In this instrument:
approved agent means an organisation to which the manufacturer has provided formal approval to conduct type training on its behalf, evidenced by a suitable agreement between the 2 entities.
purchaser means the person who bought the UAV with the intent to operate it for a purpose other than sport or recreation.
ready to fly UAV means a UAV that, at the time of purchase from the manufacturer or a retailer, can be flown without any further modification or assembly.
type training means UAV type training that is required to obtain the necessary knowledge and skills to safely operate the UAV in civil airspace.
3          Application
                 This instrument applies to an applicant for UAV controller certification who is not able to complete a training course in the operation of the type of UAV that he or she proposes to operate, conducted by the UAV’s manufacturer (the applicant).
4          Exemption
The applicant is exempt from the requirements of paragraph 101.295 (2) (d) of CASR 1998.
5          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     The applicant must have completed a training course in the operation of the type of UAV that the applicant proposes to operate, conducted by:
(a)   an approved agent of the manufacturer; or
(b)   a training provider mentioned in Schedule 2.
        2     If the applicant is the purchaser of a type of ready to fly UAV, the applicant must have completed a training course in the operation of that type of UAV, conducted by a training provider mentioned in Schedule 2.
        3     The training provider must have training that includes type training as an approved activity on its UAV operator certificate (UOC).
        4     The training provider must provide training in accordance with a training syllabus, and have given a copy of the training syllabus to CASA whenever requested.
        5     Clauses 1 to 4 do not apply to an applicant who:
(a)   is the purchaser of a ready to fly UAV that is a small UAV; and
(b)   has successfully completed a flight test on the operation of that type of UAV, conducted by a CASA Remotely Piloted Aircraft Systems Inspector.
        6     All requirements of Subpart 101.F of CASR 1998, other than paragraph 101.295 (2) (d), must be complied with.
Schedule 2          Training provider
        1     A type training provider that is recognised by CASA for that type of UAV.
        2     A UOC holder who operates that type of UAV in accordance with the UOC holder’s operations manual.