CASA clarified some issues for me

[Aussie Oldtimer]

I had an hr long discussion with CASA (Aussie regulator) yesterday, mainly to clarify “who owns the sky?” and it was very impressed with the response.

The basic answer is that no-one owns the sky (contrary to what the bush lawyers have told me) but CASA have control of the airway and they allow aircraft to use it under their regs.

He gave an example that it was ok to fly over someone’s land (30m away from buildings, machinery etc)

He also mentioned that the review of the regs was to tighten up some areas but mainly aimed at criminal behaviour like dropping drugs etc from drones into prisons etc.

He also mentioned that crims are using drones now to do surveillance on homes targeted for break ins.



it wont really affect us as long as we are sensible

CASA seem to be very tolerant of drone operators and as long as we all do the right thing, they have no intention to tighten up laws re flying our toys.

He used the analogy of thinking the drone had an invisible cylinder of 60m diameter and to keep it away from things within that cylinder. I mentioned a few encounters where I had been flying over a deserted beach, park etc when people came from nowhere/the bush and entered the area where I was flying.

He was all for the common sense reaction, ie move away.

I asked him if they were going to allow night flying and he said it wasn’t being considered. Bugger!

 

[bushie]

That is all good news.

I have now owned a drone fgor some 9 months and fly regularly. Always try to stay within the law.

Despite living in a fairly affluent beachside area i have never seen another drone flying. The skys are certainly not full of drones

 

[flippit]

Gidday Aussie Oldtimer,

I have been a member of this forum for a long time and have benefited greatly from it's content. I feel I should give something back and so this will be my first post.

CASA have been promoting the idea of no night flying a lot in recent times. The new "Standard Operating Conditions" for the sub-2kg commercial class say you can only fly during daylight hours. The rules for recreational flyers are different. For recreational flyers, the CASA website used to say "generally, no flying at night"; now it says "no flying at night". But the CASA regulations, which are the actual rules despite what is written anywhere else, haven't changed in regard to recreational night flying for many years. There are lots of people who like to quote rules and regulations and then tell you what you can or cannot do. I'm not one of those people, instead I will reproduce the relevant regulation here for your information and you can decide for yourself. You can look up this regulation here:

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.

So what are the written procedures of an approved aviation administration organisation? Here is a link to night flying procedures published by the Model Aeronautical Association of Australia. Near the beginning of this document it states "This procedure satisfies the requirements for the conduct of the night flying of model aircraft under CASR (1998) Part 101." There are some general rules to be followed, and then these specific rules for radio controlled aircraft are listed:

5.4 RADIO CONTROL The aircraft shall be fitted with lights in a manner that enables the pilot to adequately control it at the maximum range at which it is expected to fly. No exterior lighting shall be present in a position that could dazzle the pilot or otherwise inhibit the view of his aircraft. The radio range shall be checked after fitting the lights, and with them operational, to ensure it is not degraded. The area under which the flight is to be conducted shall be surveyed during daylight to ensure it is clear of obstructions. Any residual obstructions shall be lit or otherwise identified to the pilots. All pilots and assistants shall stand together and no one other than them shall be allowed in the flying area. In the event of a public display the pilots shall have practised the manoeuvres to be performed with the display aircraft prior to the event. This shall have been at night and with the aircraft lighting to be used during the display but not necessarily at the same venue.

The regulations for being a drone pilot can be confusing. There are the CASA regulations which are the actual rules, which not many people have the time or motivation to read, study, and understand. And then there are what I would call the "Interpreters" of the rules - these are the people who speak, often with a sense of authority as if they are experts, telling people what drone flyers can and cannot do. Humans can be motivated by their own self-interest, and I see the Interpreters often presenting their understanding of the rules in a way that suits their own personal agenda. Interpreters can be found in many places, including in positions of authority to make statements about the rules of flying drones.

It was interesting to read about your discussion with CASA. I feel we are very lucky in our country to have a regulatory authority that supports the use of remotely piloted aircraft so well. The person you spoke to is of course in a position of authority to make statements about the rules of flying drones, but he is also an Interpreter of the rules with his own agenda.

Good luck and happy flying.

flippit.

 

[Aussie Oldtimer]

Thanks for that. i agree that we are lucky but this will change when people ignore the laws

 

[Simmo]

30 mtrs from buildings etc is no longer mentioned.

 

[Simmo]

Operation of RPA at night

CASA has issued a general approval which approves operation of RPA at night for RPA Operator Certificate (ReOC) holders. A copy of CASA 01/17 general approval - operation of RPA at night - is available on the Federal Register of Legislation.
The general approval - operation of RPA at night, lists conditions which the operator must meet. Included in the list of conditions are the requirements for operators to have documented practises and procedures for:

• training and testing of individuals in relation to operating RPA at night
• making records detailing the training and testing undertaken by authorised remote pilots; and retention of those records
• risk assessment and mitigation processes for operation of RPA at night

In support of the general approval - operation of RPA at night, CASA has included approved practises and procedures for night operations:

• RPAS Sample Operations Manual (Revision version: 06 February 17) and,
• RPAS Operations Procedures (Library) (Revision version: 06 February 17).

RPA operator certificate (ReOC) holders that have adopted the relevant practices and procedures in RPAS Sample Operations Manual, including the Sample RPAS Operational Procedures (Library), and comply with the other conditions of the approval, would be able to operate at night without further approval from CASA.

 

[Aussie Oldtimer]

30 mtrs from buildings etc is no longer mentioned.

He gave the scenario that you could be flying over a building and a person walks outside bringing them within the 30m range.

 

[Simmo]

You didn't specifically say that, but thats OK, it would be opportunistic, unfortunate, and the operator should move away. No laws broken there.
Same as a heli coming into land... move, avoid, land...

 

[Simmo]

And Flippits post, is only applicable for recreational flight on a MAAA field, with approval from the CFO.
Dont think, you can go flying at night with big strobe lights on, you cant!!!! (legally)

 

[flippit]

And Flippits post, is only applicable for recreational flight on a MAAA field, with approval from the CFO.
Dont think, you can go flying at night with big strobe lights on, you cant!!!! (legally)

Gidday Simmo,

Just wondering where in the MAAA Night Flying Procedures it says you need to be flying “on a MAAA field”, and also wondering where does it say you need “approval from the CFO”? Are these statements your personal interpretation of the rules or can you provide a link to actual regulations?

Regards,
flippit