CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.320 Variation, suspension or cancellation of remote pilot licence

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.320

  (1)   CASA may vary, suspend or cancel a remote pilot licence by written notice to the holder of the licence, if:

  (a)   CASA has given to the holder a show cause notice under regulation   101.315 in relation to it; and

  (b)   CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the holder; and

  (c)   there are reasonable grounds for believing that the holder:

  (i)   has operated an RPA in contravention of these Regulations, an instrument under these Regulations or a condition of the licence; or

  (ii)   has operated an RPA negligently or carelessly; or

  (iii)   in operating an RPA, has recklessly endangered human life or property; or

  (iv)   at the time of the grant of the licence did not meet, or now no longer meets, the criteria for eligibility under regulation   11.055 as they applied at the time of the grant.

Note:   For subparagraph   (iv), in determining whether the criteria for eligibility were or are met, CASA may take into account the matters mentioned in subregulation   11.055(4).

Notice of decision

  (2)   If CASA has given a show cause notice under regulation   101.315 to the holder of a remote pilot licence:

  (a)   in the event that CASA decides to vary, suspend or cancel the licence--CASA must give the holder notice of the decision, including (in the case of a decision to suspend the licence) notice of the period of suspension; and

  (b)   in the event that CASA decides not to vary, suspend or cancel the licence--CASA must, in writing:

  (i)   give the holder notice accordingly; and

  (ii)   if the licence was suspended under subregulation   101.315(3)--revoke the suspension.

Effect of suspension

  (3)   If a remote pilot licence is suspended under this regulation:

  (a)   the holder is taken not to be the holder of a remote pilot licence during the period of suspension; and

  (b)   the licence is not in force during the period of suspension stated in the notice under paragraph   (2)(a).

Note 1:   CASA may also impose a condition on the licence, or vary an existing condition of the licence--see regulation   11.067.

Note 2:   Regulation   201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

Note:   In addition to the provisions of this Division, Part   11 contains provisions relating to an application for certification as an RPA operator.