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Part 101 — 40
Division 101.F.4 Certification as UAV operator
101.330 Application for certification as UAV operator
(1) An application for certification as a UAV operator must include:
(a) details of:
(i) the applicant’s structure and organisation; and
(ii) its staff and their qualifications and experience (including,
in particular, the names, qualifications, experience, duties
and functions of the persons who are to be the applicant’s
chief UAV controller and maintenance controller); and
(iii) its facilities and equipment; and
(iv) its practices and procedures; and
(b) a general description of the proposed operations, including the
type or types of UAV to be used.
(2) The application must be accompanied by a copy of each of the
applicant’s manuals relevant to the operation of UAVs.
(3) If CASA reasonably needs more information about the applicant, or a
document, to allow it to decide whether to certify the applicant as a
UAV operator, it may ask the applicant in writing to give to it that
information or a copy of that document.
(4) CASA may refuse to consider, or cease considering, the application
until the applicant gives the information or copy to it.
101.335 Eligibility for certification as UAV operator
(1) A person is eligible to be certificated as a UAV operator if:
(a) the person has an organisation and structure that is appropriate
for safe operation of UAVs; and
(b) the person has enough qualified and experienced personnel to
undertake the proposed operations safely; and
(c) the person has facilities and equipment appropriate to carry out
the proposed operations using UAVs of the type to be used; and
(d) the person has suitable practices and procedures to do so; and
(e) if necessary, the flight crew are certified as UAV controllers and
hold flight radiotelephone operators’ certificates of proficiency;
and
(f) the person has nominated suitable persons to be its chief UAV
controller and maintenance controller.
(2) A body that is not a legal person is not eligible to be certified as a
UAV operator.
(3) Two or more persons cannot be certified jointly as a UAV operator.
Civil Aviation Safety Regulations 1998(CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 101 — 41
101.340 Conditions on certification
(1) It is a condition of the certification of a person as a UAV operator that
the person:
(a) maintains within its organisation a position of chief UAV
controller having at least the functions and duties of a chief
controller set out in Annex 3 of Advisory Circular 101.1, as
issued by CASA from time to time; and
(b) employs as its chief UAV controller a person who is certified as
a UAV controller and who is competent to carry out those duties
and perform those functions; and
(c) either:
(i) maintains a position within its organisation of maintenance
controller, with the functions and duties set out in that
Annex; or
(ii) has an arrangement with another qualified and competent
person to carry out those functions and duties; and
(d) if it maintains within its organisation a position of maintenance
controller — employs as its maintenance controller a person who
is competent to carry out the duties and perform the functions of
a maintenance controller.
(2) If the UAV operator operates more than 1 UAV, the chief UAV
controller must carry out the duties and functions of a chief UAV
controller on a full-time basis.
(3) CASA may impose a condition on the certification of a person as a
UAV operator in the interests of the safety of air navigation.
(4) For example (without limiting subregulation (3)), a condition may:
(a) allow the person to operate UAVs of only specified kinds; or
(b) allow the person to operate UAVs only for specified purposes; or
(c) limit the areas where the person may operate UAVs; or
(d) allow the person to operate UAVs only in VMC.
101.345 Certification
(1) If CASA certifies a person as an operator of UAVs, CASA may issue
a certificate setting out the fact that the person is so certified.
(2) If CASA certifies a person as an operator of UAVs, and imposes a
condition on the certification, CASA must issue a certificate setting
out the fact that the person is so certified, and the condition.
Note Section 27A of the Administrative Appeals Tribunal Act 1975 requires a
person who makes a reviewable decision to give to a person whose interests are
affected by the decision notice of the decision and of the person’s right to have the
　
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