CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.280 RPA not to be operated over populous areas

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.280

  (1)   In this regulation:

"certificated RPA" means an RPA for which a certificate of airworthiness has been issued.

  (2)   A person must not operate an RPA that is not a certificated RPA over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area.

Penalty:   50 penalty units.

Note 1:   For populous area , see regulation   101.025. For RPA , see regulation   101.022.

Note 2:   For the kinds of RPA operation to which this Subpart applies, see regulation   101.235.

  (3)   Without the approval of CASA, a person must not operate a certificated RPA over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area.

Penalty:   50 penalty units.

  (3A)   An offence against subregulation   (2) or (3) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (4)   In considering whether to give an approval under subregulation   (3), CASA must take into account:

  (a)   the degree of redundancy in the RPA's critical systems; and

  (b)   any fail - safe design characteristics of the RPA; and

  (c)   the security of its communications and navigation systems.

  (5)   Before giving an approval under subregulation   (3), CASA must be satisfied that the person who intends to operate the RPA will take proper precautions to prevent the proposed flight being dangerous to people and property.