Proposed minor amendments to the RPA and model aircraft registration scheme - (CD 2113US)

Between 5 November and 18 November 2021, we invited public comment on proposed amendments to registration and accreditation requirements for drones.

According to CASA regulations, drones are defined by their intended use:

• model or remote controlled aircraft, is a drone flown for sport or recreation – solely for fun
• remotely piloted aircraft (RPA) is a drone flown for business or as part of your job – for commercial purposes.

A summary of the proposed changes includes:

• amending the commencement date for model aircraft (recreational drone) registration and operator accreditation from 1 March 2022 to 1 July 2022
• moving the registration incentive period to follow the new commencement date
• removing the requirement to register RPA used for test flights in aircraft innovation, development, and manufacturing
• aligning registration provisions so recreational drones are subject to the same 12-month registration period as commercial RPA
• clarifying that a person may not sit the operator accreditation quiz, or hold a valid operator accreditation, until the person is at least 16 years old
• updating Part 101 Manual of Standards (MOS) to require recreational drone operators to update changes to their contact details and other information provided to CASA as part of registration or accreditation. For example, a change of address or new email address.

The consultation asked participants to review the proposed amendments and provide feedback to:

• Part 47 of CASR
• Part 101 of CASR
• Part 101 Manual of Standards (MOS).

We received 159 responses from individuals or organisations, including:

• 11 remote pilot licence (RePL) holders
• 75 model aircraft owners
• 6 RPA owners
• 34 self-identified drone owners.

We thank respondents for their contributions and acknowledge their feedback is beneficial.

Key feedback

Registration of each model aircraft

Proposed amendments to register each model aircraft used for sport or recreation were largely unsupported. While 11% agreed with the proposed amendments, more than 80% of respondents disagreed.

The consultation addressed the likely consequence that each model aircraft or drone used for sport or recreation would be subject to a separate registration levy in the future. At present, there is no levy for registering drones flown for sport or recreation. However, many respondents commented about the potential future cost. The Australian Government has not determined the cost recovery model for any proposed levy. The value of any proposed levy will be released in a Cost Recovery Implementation Statement (CRIS) on the CASA website. It will be open for public consultation before it is finalised, approved and published.

Some respondents were unaware that registration and accreditation requirements would not apply to owners and operators of model aircraft (drones) operating from approved model aircraft sites, managed by model aircraft associations.

Some respondents also asked for more information about the safety outcomes expected to be delivered by drone registration. Drone registration is a deterrent to poor safety behaviour as registered operators displaying unsafe behaviours can be personally identified and contacted. Further safety applications are expected in the future as technology evolves. The registration system will also provide wider public safety benefits for security, policing, privacy, and the environment (noise).

In addition, the requirement for accreditation and ongoing safety education makes sure every operator has demonstrated a sound understanding of the drone safety rules to protect themselves and others when flying their drone.

Clarifying the requirement for persons to be 16 years old to complete the operator accreditation

Comments from respondents indicated widespread confusion of the regulatory history and requirements for young people wishing to fly model aircraft (drones) for sport or recreation under the new scheme.

To summarise:

• The requirement for a person to be at least 16 years of age to obtain an operator accreditation (commercial or recreational) was first consulted on in 2019.
• This was written into the regulations in 2020. However, due to the COVID-19 pandemic, implementation of recreational operator accreditation and drone registration were delayed until 2022.
• Under the existing regulations for recreational operators, not yet implemented, CASA cannot issue an operator accreditation to a person under 16 years of age.
• Provisions for people under 16 who wish to fly model aircraft (drones), will include:
  • flying a drone that weighs 250 grams or less unsupervised
  • being supervised by an accredited adult who is 18 years or older, when flying a drone that weighs more than 250 grams
  • flying at an approved model aircraft site under the management of a model aircraft association, where registration and accreditation exemptions apply.

The proposal sought to amend the part 101 Manual of Standards (MOS) to align with subregulation 101.374E (2) which already explicitly states an applicant is eligible for an accreditation if the applicant is at least 16 years old. This is an administrative change. Despite this, the proposed amendment was supported by fewer than a quarter of respondents. More than two thirds of respondents disagreed with the proposal.

Removing registration requirements for certain aircraft test flights

The majority of respondents were either interested in, or operated, model aircraft. Given the commercial nature of the proposal to remove registration requirements for certain RPA test flights, more than a quarter of respondents declined to express an opinion on this question. About two-thirds of those who did, agreed with the proposal to remove registration requirements for certain RPA flown for test flights. Many respondents identified a potential for this exemption to be exploited. However, we are aware of this potential consequence and are developing mechanisms to prevent this.

Acknowledging that some of the measures are not popular, we will proceed with the proposed amendments as consulted. 

We expect model aircraft registration and operator accreditation will open from 1 July 2022 and be required by 30 September 2022.

Accreditation will be free and valid for 3 years.

Registration will be valid for 1 year. The Australian Government has not determined the cost recovery model for any proposed levy. The value of any proposed levy will be released in a Cost Recovery Implementation Statement (CRIS) on the CASA website. It will be open for public consultation before it is finalised, approved and published.

Provisions for people under 16 who wish to fly model aircraft (drones), will include:

• flying a drone that weighs 250 grams or less unsupervised
• being supervised by an accredited adult who’s 18 years or older, when flying a drone that weighs more than 250 grams
• flying at an approved model aircraft site under the management of a model aircraft association, where registration and accreditation exemptions apply.

For the latest information on model aircraft registration and accreditation requirements, visit www.knowyourdrone.gov.au

We continue to work with model aircraft associations to identify new sites where their members can continue to operate, without the requirement for accreditation or registration.

CASA has mechanisms in place to reduce or eliminate the impact of registration costs in exceptional circumstances. For example, registered charitable organisations or public interest events.

CASA will also conduct a post-implementation review.