CASA EX85/15 - Exemption — operation of UAV at night and near people (Sydney Vivid Festival)

Link to law: https://www.comlaw.gov.au/Details/F2015L00720

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Instrument number CASA EX85/15
I, TERENCE LINDSAY FARQUHARSON, Deputy Director of Aviation Safety, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed T. Farquharson]
Terry Farquharson
Deputy Director of Aviation Safety
20 May 2015
Exemption — operation of UAV at night and near people (Sydney Vivid Festival)
1          Duration
                 This instrument commences on the day of registration and expires at the end of 8 June 2015, as if it had been repealed by another instrument.
2          Application
                 This instrument applies to the operation of remotely piloted multi-rotor aircraft (the UAV) by members of the public (the participant) at an interactive demonstration during the Vivid Light and Music Festival in Martin Place, Sydney under the supervision of Droneheadz Pty Ltd, Aviation Reference Number (ARN) 831903 (the operator).
3          Definitions
        (1)     In this instrument:
AGL means above ground level.
operator’s personnel means a person employed or engaged by the operator to assist in the operation of the UAV.
Safety Case means the operator’s submission lodged with CASA on 13 May 2015, titled INTEL Demonstration Safety Case.
UAV Controller means Craig Newlyn, ARN 794670, or Andrew Mark Willmott, ARN 831219.
        (2)     In this instrument, the distance from the UAV is measured from a point on the ground vertically below the UAV.
4          Exemptions
        (1)     The participant and the operator are exempt from paragraph 101.095 (1) (b) of CASR 1998 when operating the UAV.
        (2)     The participant and the operator are exempt from regulation 101.245 of CASR 1998 when operating the UAV.
5          Conditions
        (1)     The UAV may only be operated by a participant who is supervised by the operator’s personnel.
        (2)     The exemption in subsection 4 (1) is subject to the conditions mentioned in Schedule 1.
        (3)     The exemption in subsection 4 (2) is subject to the conditions mentioned in Schedule 2.
        (4)     The exemptions in section 4 are subject to the general conditions mentioned in Schedule 3.
Schedule 1          Conditions of exemption — operation of UAV at night
        1     Ground station software must be used to assist in assessing the UAV’s position.
        2     Take-off and landing areas must be illuminated, for example by street lighting, so that the position and orientation of the UAV can be established and maintained by visual reference by the UAV Controller.
        3     The UAV must have orientation lighting, such as LED lights on the front and rear arms of the UAV.
        4     The participant or the UAV Controller must ensure that:
(a)   visual line of sight contact with the UAV is maintained at all times; and
(b)   the UAV is operated in visual meteorological conditions.
Schedule 2          Conditions of exemption — operation of UAV near people
        1     The wind speed, including gusts, at a height of 2 metres AGL at the location of the operation, must not exceed 15 knots.
        2     The operator must establish exclusion zones appropriate for the safe operation of the UAV and ensure adequate measures have been taken to prevent uninvited members of the public encroaching the exclusion zones at all times.
        3     Subject to clause 4, the operator must ensure that a UAV Controller is positioned so that the UAV Controller is able to supervise a participant when the participant is operating a UAV.
        4     A UAV Controller must not supervise, at any one time, more than 3 participants.
        5     Before the operator is permitted to operate the UAV closer than 1.5 metres from a participant, the operator must ensure that the participant:
(a)   has been informed of the responses required in an emergency; and
(b)   has provided consent to the operation being conducted.
        6     The operator must ensure that the UAV is not operated closer than 2.5 metres from a person who is not a participant or a member of the operator’s personnel.
Schedule 3          General conditions
        1     A risk assessment must be carried out by the UAV Controller before any operation under this exemption.
        2     Subject to clause 4, the operator must conduct operations in accordance with its Operations Manual.
        3     Subject to clause 4, the operator must conduct operations in accordance with the Safety Case.
        4     In the event of an inconsistency between a provision of the operator’s Operations Manual and this instrument, or the operator’s Safety Case and this instrument, this instrument prevails to the extent of the inconsistency.
        5     Details of this instrument must be included in the operator’s Operations Manual.
        6     The participant and the operator must not operate the UAV outdoors:
(a)   in rain; or
(b)   if thunderstorms are observed or reported within 5 kilometres of the location of the operation.
        7     The operator must ensure that the UAV is only operated in a segregated area that is isolated from people and other airspace users by a physical transparent barrier (the caged area).
        8     The operator must ensure that no more than 6 UAVs are simultaneously operated in the caged area.