{"id":"F2025L01196","name":"CASA EX87/25 — Obtaining Experience (Grant of RePL for Medium RPA and RePL Upgrade to Different Category of Small or Medium RPA) Exemption 2025","slug":"casa-ex87-25-obtaining-experience-grant-of-repl-for-medium-rpa-and-repl-upgrade-to-different-categor","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107250,"registerId":"commonwealth-F2025L01196-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX87/25 — Obtaining Experience (Grant of RePL for Medium RPA and RePL Upgrade to Different Category of Small or Medium RPA) Exemption 2025","content":"Instrument number CASA EX87/25\n\nI, Daniel bernard o’hagan, Section Manager Drafting, Legal, International & Regulatory Affairs Division, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed D.B. O’Hagan\\]\n\nDanny O’Hagan  \nSection Manager Drafting  \nLegal, International & Regulatory Affairs Division\n\n25 September 2025\n\nCASA EX87/25 — Obtaining Experience (Grant of RePL for Medium RPA and RePL Upgrade to Different Category of Small or Medium RPA) Exemption 2025\n\n1 Name\n\nThis instrument is CASA EX87/25 — Obtaining Experience (Grant of RePL for Medium RPA and RePL Upgrade to Different Category of Small or Medium RPA) Exemption 2025.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 1 October 2025; and\n\n(b) is repealed at the end of 30 September 2028.\n\n3 Interpretation\n\n> Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988, the regulations and the Part 101 Manual of Standards.\n\n(1) In this instrument:\n\n> ReOC means a certificate as an RPA operator under Division 101.F.4 of CASR.\n\n> RePL holder means a person who holds a remote pilot licence.\n\n(2) In this instrument, mention of a provision with the prefix “101.” is a reference to that provision as contained in Part 101 of CASR.\n\n4 Exemption 1 — obtaining experience for medium RPA RePL upgrade\n\nA RePL holder for a category of small RPA who operates the same category of medium RPA is exempted from compliance with the requirements of subregulation 101.252(2), but only to the extent that the holder would otherwise commit an offence because the medium RPA is not an excluded RPA.\n\n5 Condition for exemption 1\n\nThe exemption in section 4 is subject to the condition that the RePL holder may operate the medium RPA but only if all of the following requirements are met, namely, that the operation is:\n\n(a) conducted under the standard RPA operating conditions mentioned in regulation 101.238;\n\n(b) for the purpose of either or both of the following:\n\n(i) meeting the experience requirement mentioned in paragraph 101.295(2)(c) for the grant of a RePL for the same category of medium RPA (a relevant RePL);\n\n(ii) getting practical experience and gaining competency in the operation of the medium RPA for the grant of the relevant RePL;\n\n(c) for the purposes of preparation to undertake a flight test conducted by CASA under subparagraph 101.295(2)(b)(iii) for the grant of the relevant RePL.\n\n6 Exemption 2 — obtaining experience for RePL upgrade from small or medium RPA to different category of small or medium RPA\n\nA RePL holder for a category of small RPA or medium RPA who operates a different category of small RPA or medium RPA is exempted from compliance with the requirements of subregulation 101.252(2), but only to the extent that the holder would otherwise commit an offence because:\n\n(a) for the medium RPA — it is not an excluded RPA; and\n\n(b) for the small RPA or medium RPA — the holder does not hold a RePL for the different category.\n\n7 Condition for exemption 2\n\nThe exemption in section 6 is subject to the condition that the RePL holder may operate the different category of small RPA or medium RPA but only if all of the following requirements are met, namely, that the operation is:\n\n(a) in the different category of small RPA or medium RPA that is of the same type of small RPA or medium RPA as is already included in the holder’s RePL;\n\n> Note Thus, a RePL category upgrade is only possible for the same type of RPA, whether small or medium, as the RePL holder is already licensed to operate.\n\n(b) conducted under the standard RPA operating conditions mentioned in regulation 101.238;\n\n(c) for the purpose of either or both of the following:\n\n(i) meeting the experience requirement mentioned in paragraph 101.295(2)(c) for the grant of a RePL for the different category of small RPA or medium RPA (a RePL upgrade);\n\n(ii) getting practical experience and gaining competency in the operation of the small RPA or medium RPA for the RePL upgrade;\n\n(d) for the purposes of preparation to undertake a flight test conducted by CASA under subparagraph 101.295(2)(b)(iii) for the grant of the RePL upgrade.\n\n8 Exemption 3 — no requirement to hold ReOC for exemption 1 or 2\n\nA person is exempted from compliance with the requirements of regulation 101.270, but only to the extent that the person would otherwise commit an offence under subregulation 101.270(2) because the person does not hold a ReOC authorising the conduct of an operation that complies with the requirements of sections 4 and 5, or sections 6 and 7, as the case requires.\n\n9 Condition for exemption 3\n\nThe exemption in section 8 is subject to the condition that:\n\n(a) sections 4 and 5, or sections 6 and 7, as the case may be, apply to the person; and\n\n(b) the person complies with the relevant conditions in those sections, as applicable.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Relative to the baseline Part 101 requirements, this instrument temporarily expands who may lawfully operate certain RPAs for the purpose of obtaining experience or preparing for a CASA flight test by exempting RePL category and ReOC offences (see sections 4–9). The expansion is conditional: operations must meet standard operating conditions (s 5(b), s 7(b)), be limited to gaining experience or flight-test preparation (s 5(c), s 7(c)–(d)), and category upgrades are limited to the same RPA type already on the holder’s RePL (s 7(a)). The change shifts compliance burden onto pilots/operators to ensure all conditions are met and leaves CASA responsible for grant/assessment via flight tests (s 5(c), s 7(d))."},"complexity_factors":["Multiple cross-references to Part 101 (101.252, 101.238, 101.295, 101.270) require reading other provisions to determine full legal effect","Temporal limitation (commences 1 Oct 2025, repealed 30 Sep 2028) adds a compliance window to track","Conjunctive conditions (operating conditions, purpose-limited to experience/flight-test preparation, same-type restriction) create several simultaneous compliance requirements","Different exemptions interact (allowing operation without RePL category and without ReOC) which affects both individual pilots and operator obligations","Legal nuance: exemptions apply only \"to the extent\" an offence would otherwise be committed, requiring interpretation of scope in enforcement contexts","Delegated administrative instrument format (signed by a CASA delegate) means implementation and interpretation rest with CASA practice and enforcement"],"plain_english_summary":"This temporary exemption (1 Oct 2025–30 Sep 2028) lets remote pilot licence (RePL) holders operate medium RPAs, or operate a different category of small/medium RPA, without committing an offence for lacking the usual licence category or operator certificate, provided strict conditions are met (standard operating conditions, same aircraft type for category upgrades, and use only for gaining experience or preparing for a CASA flight test). It matters because it changes who may lawfully gain practical flight experience and removes the immediate need for an ReOC while doing so."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains a narrow, targeted scope consistent with typical CASA exemption instruments. It addresses a specific regulatory gap (the experience catch-22 for licence upgrades) without expanding into broader operational matters. The three exemptions are tightly coupled to the stated purpose in the instrument's title."},"complexity_factors":["Only 2 defined terms in the interpretation section (ReOC and RePL holder)","Three distinct exemptions with clear, parallel structures","Heavy reliance on external references to CASR Part 101 provisions (regulations 101.252, 101.238, 101.295, 101.270) without reproducing their text","Nested conditional logic: exemptions apply only to the extent of avoiding specific offences, and only if multiple conditions in subsequent sections are met","Cross-referencing between sections (exemption 3 depends on compliance with conditions in sections 4-5 or 6-7)","Temporal limitation clearly stated (3-year sunset clause)"],"plain_english_summary":"This temporary CASA exemption lets pilots who already hold a Remote Pilot Licence for smaller drones legally gain hands‑on experience on larger (up to 150 kg) or different-category drones they need to upgrade their licence, without requiring an operator’s certificate. Flights must be for training or test preparation and conducted under standard safety conditions. It removes a catch‑22 that blocked practical training and runs from 1 October 2025 to 30 September 2028."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex87-25-obtaining-experience-grant-of-repl-for-medium-rpa-and-repl-upgrade-to-different-categor","history":"/api/acts/casa-ex87-25-obtaining-experience-grant-of-repl-for-medium-rpa-and-repl-upgrade-to-different-categor/history","analysis":"/api/acts/casa-ex87-25-obtaining-experience-grant-of-repl-for-medium-rpa-and-repl-upgrade-to-different-categor/analysis","conflicts":"/api/acts/casa-ex87-25-obtaining-experience-grant-of-repl-for-medium-rpa-and-repl-upgrade-to-different-categor/conflicts","importantCases":"/api/acts/casa-ex87-25-obtaining-experience-grant-of-repl-for-medium-rpa-and-repl-upgrade-to-different-categor/important-cases","documents":"/api/acts/casa-ex87-25-obtaining-experience-grant-of-repl-for-medium-rpa-and-repl-upgrade-to-different-categor/documents"}}