Commonwealth legislation

CASA 63/21 — Aircraft Not Requiring Registration (Classes of RPA and Model Aircraft) Prescription Instrument 2021

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Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

4/10 complexity

This instrument temporarily exempts certain remotely piloted aircraft (micro, very small, small, medium) and specified model aircraft from the normal registration requirement when flown only for narrow test‑flight purposes (post‑manufacture, after equipment fitting, or following maintenance/repair). It also requires the operator or their employer to prepare, sign and keep a written record of each such test flight for three years and to provide that record to CASA on request, with disclosure to others allowed only with owner consent or if required by law.

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Current sections

Direct links to the current provisions in CASA 63/21 — Aircraft Not Requiring Registration (Classes of RPA and Model Aircraft) Prescription Instrument 2021.

CASA 63/21 — Aircraft Not Requiring Registration (Classes of RPA and Model Aircraft) Prescription Instrument 2021

Instrument number CASA 63/21

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulation 11.245 and paragraph 47.015 (1B) (a) of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

14 October 2021

CASA 63/21 — Aircraft Not Requiring Registration (Classes of RPA and Model Aircraft) Prescription Instrument 2021

1 Name

This instrument is CASA 63/21 — Aircraft Not Requiring Registration (Classes of RPA and Model Aircraft) Prescription Instrument 2021.

2 Duration

This instrument:

(a) commences on the day after it is registered; and

(b) is repealed at the end of 1 September 2026.

Note The prescription of classes of RPA and model aircraft in section 4 ceases to be in force at the end of 31 August 2023. The directions in section 5 are in force until the repeal of this instrument.

3 Definitions

Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: medium RPA, micro RPA, model aircraft, RPA, small RPA and very small RPA.

In this instrument:

prescribed class, for an RPA or model aircraft, means a class of RPA or model aircraft mentioned in subsection 4 (2).

test flight, for an RPA or model aircraft, means a flight of the aircraft solely to test the aircraft or its equipment to determine if the aircraft or equipment is in working order and in a condition for safe operation.

4 Prescription of classes of RPA and model aircraft

(1)For paragraph 47.015 (1) (i) of CASR, the classes of RPA and model aircraft mentioned in subsection (2) are prescribed.

(2)For subsection (1), the classes are the following kinds of aircraft when operated only for a purpose mentioned in subsection (3):

(a) micro RPA;

(b) very small RPA;

(d) medium RPA;

(e) model aircraft that are not covered by paragraph 47.015 (1) (f) of CASR.

(3)For subsection (2), the purposes are:

(a) a test flight following the manufacture of the RPA or model aircraft that is conducted:

(i) by, or at the request of, the manufacturer of the RPA or model aircraft; and

(ii) before it is provided to the initial purchaser of the RPA or model aircraft; and

(b) a test flight following the fitting of equipment to the RPA or model aircraft that is conducted by, or at the request of, the person who fitted the equipment; and

(c) a test flight before or after maintenance or repair of the RPA or model aircraft or its equipment that is conducted by, or at the request of, the person who carried out, or will carry out, the maintenance or repair.

Note Paragraph 47.015 (1) (i) of CASR provides an exception to the requirement for an aircraft to be registered if it is an aircraft that is prescribed by an instrument under subregulation 47.015 (1B) of CASR. Under paragraph 47.015 (1B) (a) of CASR, CASA may issue an instrument prescribing classes of RPA or model aircraft.

(4) This section ceases to be in force at the end of 31 August 2023.

5 Directions relating to logging of test flights

(1)A person who operates an RPA or model aircraft of a prescribed class (the relevant operator) for a test flight must prepare a written record of the test flight (the record) that includes the following:

(a) the serial number of the RPA or model aircraft flown;

(b) the name, address, and ARN (if any) of the owner of the RPA or model aircraft;

(d) the location of the test flight;

(e) the reason for the test flight;

(f) any accident, incident or malfunction that occurred during the test flight;

(g) the name of the relevant operator.

(2)The relevant operator must prepare the record as soon as possible after the test flight is completed and sign and date the record.

(3)The relevant operator, or the employer of the relevant operator, must keep the record for 3 years from the date of the test flight.

(4) The relevant operator, or the employer of the relevant operator, must give to CASA, on request, the record of any test flight of an RPA or model aircraft of a prescribed class that the relevant operator or employer has kept.

(5)The person mentioned in subsection (4) who has kept the record may disclose the record to a person other than CASA only if:

(a) the disclosure has the consent of the owner of the aircraft; or

(b) the disclosure is required by law.

Note For regulation 11.250 of CASR, the directions in section 5 cease to be in force at the end of 1 September 2026.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 CASA 63/21 — Aircraft Not Requiring Registration (Classes of RPA and Model Aircraft) Prescription Instrument 2021

Instrument number CASA 63/21

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

14 October 2021

CASA 63/21 — Aircraft Not Requiring Registration (Classes of RPA and Model Aircraft) Prescription Instrument 2021

1 Name

This instrument is CASA 63/21 — Aircraft Not Requiring Registration (Classes of RPA and Model Aircraft) Prescription Instrument 2021.

2 Duration

This instrument:

(a) commences on the day after it is registered; and

(b) is repealed at the end of 1 September 2026.

Note The prescription of classes of RPA and model aircraft in section 4 ceases to be in force at the end of 31 August 2023. The directions in section 5 are in force until the repeal of this instrument.

3 Definitions

Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: medium RPA, micro RPA, model aircraft, RPA, small RPA and very small RPA.

In this instrument:

prescribed class, for an RPA or model aircraft, means a class of RPA or model aircraft mentioned in subsection 4 (2).

test flight, for an RPA or model aircraft, means a flight of the aircraft solely to test the aircraft or its equipment to determine if the aircraft or equipment is in working order and in a condition for safe operation.

4 Prescription of classes of RPA and model aircraft

(1)For paragraph 47.015 (1) (i) of CASR, the classes of RPA and model aircraft mentioned in subsection (2) are prescribed.

(2)For subsection (1), the classes are the following kinds of aircraft when operated only for a purpose mentioned in subsection (3):

(a) micro RPA;

(b) very small RPA;

(d) medium RPA;

(e) model aircraft that are not covered by paragraph 47.015 (1) (f) of CASR.