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CASA EX58/13 - Exemption - Unmanned Aerial Vehicles (UAV) Controller's Certificate requirements

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Instrument number CASA EX58/13
I, JOHN FRANCIS McCORMICK, 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 John F. McCormick]
John F. McCormick
Director of Aviation Safety
24 June 2013
Exemption — Unmanned Aerial Vehicles (UAV) Controller’s Certificate requirements
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   expires at the end of May 2016 as if it had been repealed by another instrument.
2          Definitions
                 In this instrument:
approved RPAS training organisation means a certified UAV operator that is approved by CASA to conduct RPAS training.
basic RPAS training program means a training program conducted by an approved RPAS training organisation for the operation of an RPA:
(a)       at less than 400 feet AGL; and
(b)      in visual line of sight; and
(c)   outside controlled airspace; and
(d)   more than 3 nautical miles from an aerodrome or aircraft landing area; and
(e)   not over a populous area; and
(f)    not within 30 metres of a person, other than the operator’s personnel.
certified UAV operator means a person who holds a UAV operator’s certificate granted under regulation 101.335 of CASR 1998.
operator’s personnel means:
(a)       a certified UAV operator; and
(b)   a remote pilot employed by a certified UAV operator; and
(c)   a person employed or engaged by the operator or the remote pilot to assist in the operation of the RPAS.
remote pilot means a UAV controller.
RPA means remotely piloted aircraft and includes a UAV.
RPAS means remotely piloted aircraft system and includes all components of the aircraft system, including the RPA.
RPAS training means training for the qualification of Certificate III in Aviation (Remote Pilot) mentioned in the Aviation Training Package, published by the Australian Government and available at:
UAV has the meaning given by regulation 101.240 of CASR 1998.
UAV controller means a person who holds a UAV controller’s certificate granted under regulation 101.295 of CASR 1998.
Note   Remote pilot, remotely piloted aircraft, remotely piloted aircraft system, RPA and RPAS are new terms used by the International Civil Aviation Organization (ICAO) to replace UAV and related terms. CASR 1998 currently uses UAV and related terms. To the extent practical, this instrument uses the new terms used by ICAO.
3          Application
This instrument applies to an applicant for certification as a remote pilot who:
(a)   has completed a basic RPAS training program; and
(b)   is registered with CASA by the approved RPAS training organisation.
4          Exemption
The applicant is exempt from the requirements of paragraphs 101.295 (2) (a), (b), (c), (d) and (e) of CASR 1998.