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Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 101 — 31
Division 101.F.2 Operation of UAVs generally
101.245 Operation near people
(1) Subject to subregulations (2) and (3), a person must not operate a
UAV within 30 metres of a person who is not directly associated with
the operation of the UAV.
Penalty: 10 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) Subregulation (1) does not apply in relation to a person who stands
behind the UAV while it is taking off.
(3) Subregulation (1) also does not prevent the operation of a UAV
airship within 30 metres of a person if the airship approaches no
closer to the person than 10 metres horizontally and 30 feet vertically.
101.250 Where small UAVs may be operated
(1) A person may operate a small UAV outside an approved area only if:
(a) where the UAV is operated above 400 feet AGL, the operator has
CASA’s approval to do so; and
(b) the UAV stays clear of populous areas.
Penalty: 10 penalty units.
Note 1 AGL = above ground level (see the Dictionary). For populous area, see
regulation 101.025. For small UAV, see regulation 101.240.
Note 2 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).
Note 3 For the kinds of UAV operation to which this Subpart does not apply, see
regulation 101.235.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
101.255 Large UAVs —requirement for certificate
(1) A person may operate a large UAV only if either a special certificate
of airworthiness (restricted category), or an experimental certificate,
has been issued for it under Subpart 21.H.
Penalty: 50 penalty units.
Note 1 For large UAV, see regulation 101.240.
Note 2 A large UAV is required to carry a manufacturer’s data plate and an aircraft
registration identification plate — see respectively regulation 21.820 and Subpart
45.D.
(2) An offence against subregulation (1) 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 — 32
101.260 Maintenance of large UAVs
(1) Subdivision 2 of Division 2 of Part 4A of CAR 1988 applies to large
UAVs.
Note That is, a large UAV must be maintained as a Class B aircraft.
(2) A person who carries out maintenance on a large UAV must comply
with any directions given in writing by CASA in relation to the
maintenance of the UAV, or the maintenance of UAVs of a class that
includes the UAV.
101.265 Application of s 20AB of the Act to large UAVs
(1) For paragraph 20AB (1) (b) of the Act, a person may act as the
controller of a large UAV that is an Australian aircraft if the person is
certified as a UAV controller under Division 3.
Note For the kinds of UAV operation to which this Subpart does not apply, see
regulation 101.235.
(2) For that paragraph, a person may perform any other duty that is
essential to the operation of a large UAV that is an Australian aircraft
even if the person does not hold the appropriate civil aviation
authorisation.
(3) For subsection 20AB (2) of the Act, and despite anything in
regulation 42ZC of CAR 1988, a person may carry out maintenance
on:
(a) a large UAV that is an Australian aircraft; or
(b) an aircraft component for such a UAV; or
(c) aircraft material for such a UAV;
if the person:
(d) holds an airworthiness authority that authorises the maintenance;
or
(e) carries out the maintenance under the supervision of a person
who holds such an authority.
101.270 Requirement for UAV operator’s certificate
(1) A person may operate a UAV for hire or reward only if the person
holds a UAV operator’s certificate that authorises the person to
operate the UAV.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) 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 — 33
101.275 Approval of operation of large UAVs
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