Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:12:p8
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 12 (pt 8/30)
Character Range: 2301215–2303807

that is classified as RA3; or
 (iii) in a restricted area that is classified as RA2 or RA1 otherwise than in accordance with regulation 101.065; or
 (iv) over a populous area; or
 (v) within 3 nautical miles of the movement area of a controlled aerodrome; and
 (e) the RPA is not operated over an area where a fire, police or other public safety or emergency operation is being conducted without the approval of a person in charge of the operation; and
 (f) the person operating the RPA operates only that RPA.

Division 101.F.2—Operation of RPA generally

101.245  Operation near people
 (1) Subject to subregulations (2) and (3), a person must not operate an RPA within 30 metres of a person (the second person) who is not directly associated with the operation of the RPA.
Penalty: 10 penalty units.
 (1A) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (2) Subregulation (1) does not apply if the second person is standing behind the RPA while the RPA is taking off.
 (3) Subregulation (1) does not apply if:
 (a) the RPA is a very small RPA, small RPA or medium RPA; and
 (b) the second person has consented to the RPA operating within 30 m of him or her; and
 (c) the RPA is operated no closer than 15 m of him or her.
 (4) Subregulation (1) does not apply if:
 (a) the RPA is an airship; and
 (b) the airship approaches no closer to the second person than 10 m horizontally and 30 ft vertically.
 (5) Subregulation (1) does not apply if the person holds an approval under regulation 101.029 for the purposes of this subregulation.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) to (5): see subsection 13.3(3) of the Criminal Code.

101.250  Where very small, small and medium RPA may be operated
 (1) A person may operate a very small RPA, a small RPA or a medium RPA outside an approved area only if:
 (a) where the RPA is operated above 400 feet AGL, the operator has CASA's approval to do so; and
 (b) the RPA stays clear of populous areas.
Penalty: 10 penalty units.
Note 2: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).
Note 3: This Subpart only applies to the operation of certain RPA: see regulation 101.235.
 (2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

101.252  Certain RPA—requirement for remote pilot licence
 (1) This regulation does not