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In this Subpart:
approved area means an area approved under regulation 101.030 as
an area for the operation of model aircraft.
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).
giant model aircraft means a model aircraft that has a take-off mass
(excluding fuel) of more than 25 kilograms, but not more than 150
kilograms.
Note For model aircraft, see the Dictionary.
101.385 Visibility for operation of model aircraft
(1) A person may operate a model aircraft only if the visibility at the time
is good enough for the person operating the model to be able to see it
continuously.
Penalty: 25 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.
101.390 Operating model aircraft at night
(1) A person may operate a model aircraft at night only in accordance
with the written procedures of an approved aviation administration
organisation.
Penalty: 25 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 — 45
101.395 Keeping model aircraft away from people
(1) A person must not operate a model aircraft over a populous area at a
height less than the height from which, if any of its components fails,
it would be able to clear the area.
Penalty: 50 penalty units.
Note For populous area, see regulation 101.025.
(2) Subject to subregulations (3) and (4), somebody who is operating a
powered model aircraft must ensure that, while the model aircraft is in
flight, or is landing or taking off, it stays at least 30 metres away from
anyone not directly associated with the operation of model aircraft.
Penalty: 50 penalty units.
(3) Subregulation (2) is not contravened if somebody stands behind the
model aircraft while it is taking off.
(4) Subregulation (2) is also not contravened if, as part of a model flying
competition, a model aircraft is flown within 30 metres of somebody
who is judging the competition.
(5) An offence against subregulation (1) or (2) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
101.400 Operation of model aircraft outside approved areas
(1) A person may operate a model aircraft outside an approved area
above 400 feet AGL only if he or she:
(a) keeps it in sight; and
(b) keeps it clear of populous areas.
Penalty: 10 penalty units.
Note 1 AGL = above ground level (see the Dictionary). For populous area, see
regulation 101.025.
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).
(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 — 46
101.405 Giant model aircraft
(1) A person may operate a giant model aircraft only in accordance with:
(a) the rules and procedures of an approved aviation administration
organisation; or
(b) an approval given by CASA.
Penalty: 50 penalty units.
Note For giant model aircraft, see regulation 101.380.
(2) CASA may impose a condition on the operation of a giant model
aircraft if the condition is reasonably necessary in the circumstances
in the interests of aviation safety.
(3) The operator of a giant model aircraft must comply with any
condition imposed under subregulation (2).
Penalty: 50 penalty units.
(4) An offence against subregulation (1) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
101.410 Model flying displays
(1) A person may conduct a model aircraft flying display only in
compliance with subregulation (2) or (3).
Penalty: 50 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) A person complies with this subregulation if the display is conducted:
(a) in an approved area; and
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