CASA EX03/12 - Exemption - Unmanned Aerial Vehicles (UAV) Controller’s Certificate requirement for manufacturer training

Link to law: https://www.comlaw.gov.au/Details/F2012L00099

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Instrument number CASA EX03/12
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
20 January 2012
Exemption — Unmanned Aerial Vehicles (UAV) Controller’s Certificate requirement for manufacturer training
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
(b)   stops having effect at the end of 30 December 2014.
2          Definitions
                 In this instrument:
type training means UAV type training that is required to obtain the necessary knowledge and skills to safely operate the UAV in civil airspace.
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.
subsidiary means an organisation that is a fully-owned organisation of the manufacturer and to which the manufacturer has provided formal approval to conduct type training on its behalf, evidenced by a suitable agreement between the 2 entities.
3          Application
                 This instrument applies to an applicant for UAV controller certification who is not able to complete a training course conducted by the UAV manufacturer in the operation of the type of UAV that he or she proposes to operate.
4          Exemption
A person who has applied for certification as a UAV controller 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 training must be conducted by a training provider mentioned in Schedule 2 or Schedule 3.
        2     The training provider must have training that includes type training as an approved activity on its UAV operator certificate (UOC).
        3     A training syllabus must be developed by the training provider and given to CASA when requested.
        4     Training for a person who has purchased the aircraft ready to fly must be conducted by a training provider mentioned in Schedule 3.
        5     All requirements of Subpart 101.F of CASR 1998, other than paragraph 101.295 (2) (d), must be complied with.
        6     A person who has been taught by a Model Aircraft Association of Australia (MAAA) approved instructor may fly a UAV only after CASA has completed the UOC practical assessment.
Schedule 2          Training provider
              Approved agent of the manufacturer
              A subsidiary of the manufacturer
              A UOC holder who operates that type of UAV
Schedule 3          Training provider for purchaser of ready to fly UA
        1     An aircraft type training provider for that UA type who is recognised by CASA.
        2     A UOC holder who operates that type of UAV in accordance with the UOC holder’s operations manual.
        3     An MAAA approved instructor engaged by CASA to teach a person to safely fly a model aircraft manually.