Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.237

Meaning of excluded RPA

  (1)   This regulation sets out what is an excluded RPA .

Note:   A remote pilot licence is not required to operate an excluded RPA. An accreditation is sufficient--see regulation   101.252 and Subpart   101.FA.

  (3)   A very small RPA is an excluded RPA if it is being operated in standard RPA operating conditions.

  (4)   A small RPA is an excluded RPA if it is being operated:

  (a)   by or on behalf of the owner of the RPA; and

  (b)   over land owned or occupied by the owner of the RPA; and

  (c)   in standard RPA operating conditions; and

  (d)   for the purposes of one or more of the following:

  (i)   aerial spotting;

  (ii)   aerial photography;

  (iii)   agricultural operations;

  (iv)   aerial communications retransmission;

  (v)   the carriage of cargo;

  (vi)   any other activity that is similar to an activity mentioned in the subparagraphs above; and

    for which no remuneration is received by the operator or the owner of the RPA, the owner or occupier of the land or any person on whose behalf the activity is being conducted.

  (6)   A small RPA is an excluded RPA if it is being operated in standard RPA operating conditions by:

  (a)   a person for the sole purpose of meeting the experience requirement mentioned in paragraph   101.295(2)(c) for the grant of a remote pilot licence; or

  (b)   the holder of a remote pilot licence for the sole purpose of getting practical experience and gaining competency in the operation of an RPA of a category that is specified in the licence.

Note:   For paragraph   (b), for example, if a remote pilot licence states that the holder is authorised to operate a small RPA with a gross weight of not more than 7 kg that is an aeroplane, a small RPA with a gross weight of 10 kg that is an aeroplane may be an excluded RPA when operated by that holder. However, a small RPA (of any weight) that is a helicopter cannot be an excluded RPA when operated by that holder, because an aeroplane is not of the same category of RPA as a helicopter (see the definition of category in Part   1 of the Dictionary).

  (7)   A medium RPA is an excluded RPA if it is being operated:

  (a)   by or on behalf of the owner of the RPA; and

  (b)   by a person who holds a remote pilot licence that authorises the person to operate the RPA; and

  (c)   over land owned or occupied by the owner of the RPA; and

  (d)   in standard RPA operating conditions; and

  (e)   for the purposes of one or more of the following:

  (i)   aerial spotting;

  (ii)   aerial photography;

  (iii)   agricultural operations;

  (iv)   aerial communications retransmission;

  (v)   the carriage of cargo;

  (vi)   any other activity that is similar to an activity mentioned in the subparagraphs above; and

    for which no remuneration is received by the operator or owner of the RPA, the owner or occupier of the land or any person on whose behalf the activity is being conducted.

  (8)   An RPA is an excluded RPA if it is being operated:

  (a)   by a person solely for the purpose of the person receiving training from an RPA operator who holds a certificate under Division   101.F.4 that authorises the operator to conduct operations using the RPA; and

  (b)   in accordance with the operator's documented training procedures.



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