Proposed Part 101 standards and guide for authorised beyond visual line of sight, outside of controlled airspace operations (CD 2216US)

This consultation sought feedback on the proposed aeronautical knowledge standards and associated guide supporting an examination to authorise remote pilot licence (RePL) holders to conduct Remotely Piloted Aircraft Systems (RPAS) beyond visual line of sight (BVLOS) operations, outside of controlled airspace (OCTA).

CASA published the consultation documents on the Consultation Hub on 7 December and closed the consultation on 17 January 2023.

About this consultation

The BVLOS OCTA examination forms part of a larger body of work to future proof the Australian remotely piloted aviation industry, as outlined in the Remotely Piloted Aircraft Systems (RPAS) and Advanced Air Mobility (AAM) Strategic Regulatory Roadmap (the Roadmap).

The Roadmap was published on 1 July 2022, with an immediate term deliverable (2022 to 2023) to review and implement an alternative training and examination pathway for remote pilots conducting BVLOS operations.

The BVLOS OCTA aeronautical standards document describes the knowledge standards required of a candidate to pass the BVLOS OCTA examination. A pass in the theoretical exam would provide a person with a BVLOS OCTA pass (a pass credit), which would permit them to operate in compliance with a remotely piloted aircraft operator’s certificate (ReOC) holders’ procedures and conduct BVLOS operations OCTA. The ReOC holder must hold an approval to operate BVLOS under regulation 101.029 of CASR.

CASA developed the BVLOS OCTA aeronautical standards, in consultation with the BVLOS Industry Working Group, between June 2022 and November 2022.

The aim of the proposed standards and examination is to:

• act as an alternative pathway from the instrument rating exam (IREX) for BVLOS operations outside of controlled airspace.
• be the first step in a broader BVLOS licensing framework.

Subsequently, CASA commenced consultation on the proposed standards and the associated guide seeking feedback to determine if the content would meet industry’s needs and work in practice, and to identify any unforeseen consequences or impact.

We thank respondents for their contributions and acknowledge their beneficial feedback. A summary of the feedback received is below.

CASA received 128 responses to the consultation. The responses represented a broad cross section of the aviation community, with the top five respondent groups originating from the following categories:

• Remotely piloted aircraft operator’s certificate (ReOC) holder (29%).
• Remote pilot licence (RePL) holder (26%).
• First person view (FPV) remote pilot/ enthusiast (17%).
• Recreational drone flyer (9%).
• Other (9%).

Sixty-four percent of responses represented the respondent’s personal views and not those of an organisation.

While all questions elicited responses, several respondents chose to answer specific questions as undecided or beyond their expertise, with one question having approximately 20% of respondents answering in this manner.

Seventy-eight percent of respondents responded positively to the proposed examination. Of this group, around 56% of respondents supported the direction CASA is taking, agreeing without comment that the new examination's structure, scope, and knowledge items were appropriate. A further 22% supported the exam but suggested further changes.

Two key messages were highlighted in the comments provided in support of the exam. First, was the support for the increased flexibility for CASA to allow remote pilots to be qualified to conduct BVLOS operations outside of controlled airspace.

Second, that the proposed examination is fit for purpose and likely to ease pain points through increased efficiency. In particular, the reductions in administrative burden (by no longer having to sit the IREX) were positively highlighted in the comments.

A key message from the respondents who supported the exam but with further changes, was that the exam process should be transparent and not too onerous. 

Key themes and issues
Content of the aeronautical knowledge standards

Complexity

Several respondents commented that the aeronautical knowledge standards were too detailed and lacked relevance in some areas, particularly for remote pilots planning to carry out relatively simple BVLOS operations.

CASA has considered these comments, and where CASA has agreed with the input, the matters have been amended or deleted. It is noted that the proposed aeronautical standards are for all BVLOS operations outside of controlled airspace, regardless of the operational complexity. 

Consequently, CASA has maintained the depth and detail of the aeronautical standards to cater for any operator planning to carry out either complex or simple BVLOS operations. However, in the future CASA plans to develop additional guidance material and possible exam scenarios for other types of BVLOS operations.

One respondent commented that the material used too much jargon. CASA acknowledges the use of standard aviation terminology in the examination, which may be foreign to new entrants to the industry. A remote pilot operating BVLOS must know how to communicate and operate in an aviation safety environment.

It is a prerequisite of the examination that the examinee holds a RePL, the training for which introduces much of the terminology used. It is expected that any additional terminology knowledge required will be learned during the study for the BVLOS OCTA examination.

Single examination

Multiple respondents questioned why there were not differing examinations based on the complexity of the intended operations. The proposed exam structure will provide remote pilots operational flexibility depending on the ReOC instrument of approval for which the RePL holder will operate under.

Further, if CASA were to include specific variations for subsets of operational limitations, the remote pilot would have to pass multiple exams for the various conditions. A ReOC holder would also be required to oversee the various capabilities of those remote pilots.

Specific Operations Risk Assessment (SORA)

Some respondents questioned why the SORA risk methodology was not included in the examination. SORA is one type of risk assessment methodology currently used to assess air and ground risks, particularly in BVLOS operations.

CASA notes that the SORA methodology may change, or different methodologies may arise. It should also be noted that inclusion of SORA into the aeronautical standards would significantly increase the complexity of the BVLOS OCTA exam for the RePL holder, without providing a direct improvement to subsequent BVLOS operations they participate in under a ReOC approval. 

CASA acknowledges the importance of a thorough understanding of risk mitigation methodology and includes agnostic risk assessments in the initial RePL training course aeronautical knowledge standards.

Syllabus and training material

Some respondents questioned why the consultation material was not a detailed syllabus. The standards and guide are documents from which a syllabus is created; they are targeted at training content creators (or providers) to develop training content to prepare students to sit the examination.

CASA does not intend to review and authorise training material and will instead maintain control of the exam. Study preferences for the exam will remain up to the individual in compliance with the published standards.

One respondent questioned why CASA didn’t adopt the VET Certificate IV in Aviation (Remote Pilot-Beyond Visual Line of Sight) as the basis for the BVLOS OCTA examination. The version of the certificate that was published during CASA’s development of the BVLOS OCTA exam (AVI40419) was not appropriate for the intended examination, due to the type and form of content delivered.

Respondent feedback on the proposed aeronautical knowledge guide found most content relevant and timely and should be retained. Based on the comments provided, CASA has made some amendments to the aeronautical knowledge standards for efficiency in some areas.

Futureproofing

Several responses highlighted that the examination is an important first step; however, CASA will need to ensure that the standards and guide, and the examination are reviewed as technology and industry develop.

CASA acknowledges that over time the standards, guide, and examination will require modification. The BVLOS OCTA examination is the first step in a future remote pilot licencing framework. The standards have been developed with technological changes in mind and will be reviewed in line with the progression of the future remote pilot licencing framework.

Privileges granted by the examination

Scope

The examination only permits the RePL holder to conduct BVLOS operations outside of controlled airspace, under a ReOC that holds an applicable BVLOS approval. CASA received comments that there should be more flexibility in the scope of the BVLOS operations that could be conducted with a pass in the examination.

A BVLOS rating that permits BVLOS operations without an additional area approval may form part of CASA’s future remote pilot licencing framework, however this is not the intention of this exam. The risks and mitigators associated with BVLOS operations vary considerably between operations.

CASA manages these specific risks through a ReOC BVLOS area approval process, with the issued approval instrument containing additional conditions appropriate to the operation. Though the examination is intended to ensure that the remote pilot has the knowledge to operate RPA BVLOS outside of controlled airspace, to ensure the safety of all airspace users, each operation will require specific mitigators assessed through the area approval.

Necessity

Differing responses were received as to the necessity of the exam, with some respondents commenting that the examination did not go far enough and needed a practical component. Others stated that it is sufficient for the operator to have either no examination, accreditation, or an RePL.

It should be noted that CASA recently issued an exemption (CASA EX27/23 — Remotely Piloted Aircraft Operations Beyond Visual Line of Sight Exemption 2023) from the requirement to hold an IREX for persons conducting EVLOS operations under a ReOC, and that many of the use cases highlighted in consultation feedback as operations that do not necessitate an examination, could be conducted under EVLOS.

First Person View (FPV)

Several respondents commented that the examination should enable recreational FPV activities and enthusiasts to fly BVLOS. As above, the examination only enables operations under a ReOC and only where the ReOC holder has an area approval permitting BVLOS operations.

Consistent with the Roadmap, the examination is intended to provide an alternate pathway from the IREX for the purposes of regulation 101.300 of CASR (conditions on remote pilot licences). In line with the Roadmap, CASA is continuing to review Australia’s RPAS regulations, including those relating to BVLOS, to safely enable the implementation of RPAS operations.

Enthusiasts can continue to fly FPV recreationally indoors without a CASA approval, or, at an approved aviation administration organisation site (i.e., model aircraft club), or can apply to CASA for an area approval.

Cost of the examination to applicants

The amendment introducing a fee of $70 plus a third-party fee for the new examination caused some contention. However, there were comments that considered the fee was reasonable given the current cost of the IREX, and the consequent easing of the administrative requirements for the new examination.

The proposed regulatory fee of $70 is set by CASA in accordance with the Australian Government Cost Recovery Guidelines. The administrative fee for the examination is set by a third-party supplier, and both fees are a one-time cost per exam. The purpose of the fee is not to raise revenue but to recover costs as mandated by the Australian Government.

Appropriateness of CASA consultation

Fewer than ten respondents stated that CASA must consult more with industry to identify opportunities for improved collaboration and consultation. The BVLOS OCTA examination was developed in consultation with an industry working group (and the supporting Roadmap was developed by a separate technical working group) and had significant representation from a broad cross section of the RPAS community. CASA acknowledges the importance of further collaboration and consultation and will continue to engage with industry through formal and informal consultation processes.

CASA encourages any interested party to register interest to join a TWG and receive notifications of regulatory change schemes and provide feedback.

CASA has reviewed each comment and submission. Overall, respondents agreed that CASA's aim to streamline processes and increase efficiency for industry has been achieved, with less than 20% of respondents disagreeing with comments. In addition, 75% of respondents agreed that industry could comply with the proposed changes without undue burden.

Minor changes have been made to the standards and guide to improve the clarity and content. However, any changes will not impact the intended effect of the qualification or the underpinning policy.

CASA will monitor exam results during the initial rollout phase and on an ongoing basis. CASA will also continue working on deliverables in the Roadmap and the further proposed changes to Part 101 of CASR and its MOS to support uncrewed aircraft operations.

CASA aims to roll out the proposed examination available through the current PEXO system in the first half of 2023. The feedback we receive from this consultation will also assist CASA in developing implementation and transition timeframes.