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(2) The operator may command the balloon to end its flight only:
(a) in an emergency; or
(b) if cleared to do so by the relevant air traffic control service.
Penalty: 50 penalty units.
(3) If the operator commands the balloon to end its flight when not
cleared by air traffic control to do so, the operator must tell the
relevant air traffic control service immediately, and when doing so
must also give to it the following information:
(a) the balloon’s current position and altitude;
(b) the estimated time when and place where the payload will fall.
Penalty: 10 penalty units.
(4) The operator must tell the relevant air traffic control service as soon
as possible after the balloon’s payload falls.
Penalty: 10 penalty units.
(4A) An offence against subregulation (1), (2), (3) or (4) is an offence of
strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR
Civil Aviation Safety Authority 1st Edition – January 2003
Part 101 — 28
(5) A reference in this regulation to the relevant air traffic control service
is to be read, at a particular time, as a reference to the air traffic
control service that is responsible for the airspace in which the
balloon is located at the time.
101.230 Direction by ATC to end flight in certain circumstances
(1) If a balloon is in controlled airspace and an air traffic control service
considers that it poses a hazard to other aircraft, or to people or
property on the ground, that service may direct the balloon’s operator
to end the balloon’s flight immediately.
(2) The operator must comply with the direction by ending the balloon’s
flight by the fastest possible method.
Penalty: 50 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
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 — 29
Subpart 101.F UAVs
Division 101.F.1 General
101.235 Applicability of this Subpart
(1) This Subpart applies to:
(a) the operation of a large UAV; and
(b) the operation of a small UAV for purposes other than sport or
recreation.
Note 1 There is no practicable distinction between a small UAV and a model
aircraft except that of use — model aircraft are flown only for the sport of flying
them.
Note 2 For large UAV and small UAV, see regulation 101.240. For model aircraft
see the Dictionary.
(2) Nothing in this Subpart applies to the operation of a UAV if:
(a) while it is being operated, the person operating it keeps it in
sight; and
(b) it is operated in a way that complies with Subpart 101.G.
(3) This Subpart does not apply to the operation of a micro UAV.
Note 1 See subregulation 101.005 (3).
Note 2 For micro UAV, see regulation 101.240.
101.240 Definitions for Subpart
In this Subpart:
approved area means an area approved under regulation 101.030 as
an area for the operation of UAVs.
Note CASA must publish details of the approval of an area (including any
conditions) in NOTAM or on an aeronautical chart — see
subregulation 101.030 (5).
certified UAV controller means a person certified under Division 3 as
a controller of UAVs.
controller of a UAV means a person who performs a function that
would be, if the UAV were a manned aircraft, a function of its flight
crew.
large UAV means any of the following:
(a) an unmanned airship with an envelope capacity greater than 100
cubic metres;
(b) an unmanned powered parachute with a launch mass greater than
150 kilograms;
(c) an unmanned aeroplane with a launch mass greater than 150
kilograms;
(d) an unmanned rotorcraft with a launch mass greater than 100
kilograms;
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 — 30
(e) an unmanned powered lift device with a launch mass greater than
100 kilograms.
micro UAV means a UAV with a gross weight of 100 grams or less.
small UAV means a UAV that is not a large UAV nor a micro UAV.
UAV means unmanned aircraft, other than a balloon or a kite.
Civil Aviation Safety Regulations 1998(CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
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