Document ID: chunk:federal_register_of_legislation:F2024C00404:front:0:p51
Version: federal_register_of_legislation:F2024C00404
Segment Type: other
Provision Reference: 
Character Range: 128394–131150

of this MOS; and
       Note   See, for example, Chapter 4 of this MOS and regulations 101.070, 101.072 and 101.075 of CASR.
(b) any other conditions in any approval from CASA, and any permission from the air traffic control service for the aerodrome, for operations in the relevant controlled airspace.

5.14 Night EVLOS operations
        For an approval of an EVLOS operation to be conducted at night, the certified RPA operator must:
(a) be approved for night RPA operations under instrument CASA 01/17, or any replacement instrument in force from time to time unless the replacement instrument expressly applies otherwise; and
(b) satisfy CASA that they can and will comply with the conditions of the instrument.
Note   Chapter 6 of this MOS is reserved for more general requirements relating to night operations.

5.15 If manned aircraft are active in the airspace
       (1) If, during an EVLOS operation, a manned aircraft is:
(a) flying in the relevant airspace of the operation (the relevant airspace); or
(b) likely to be flying in the relevant airspace;
        then, the remote pilot for the EVLOS operation must ensure that the operation does not become a hazard to the manned aircraft, by using, or, subject to subsection (1A), by directing a certified and appropriately trained visual observer to use, the relevant aeronautical VHF channel for:
(c) regular broadcasts; or
(d) direct radiocommunication with the pilot of the manned aircraft.
       (1A) Despite a direction given under subsection (1), the remote pilot for the EVLOS operation is at all times responsible for ensuring that the operation of the RPA complies with regulation 101.055 — Hazardous operation prohibited.
       (2) Without affecting subsection (1), a person who is a remote pilot for the EVLOS operation must take reasonable steps to make and keep in direct radiocommunication with the pilot of a manned aircraft while the RPA and the manned aircraft are in relevant airspace.
       (3) In this section:
relevant airspace means any point of non-controlled airspace into which the manned aircraft is flying at a particular time that is both less than 3 NM in distance and less than 1 500 ft in height from any point of the airspace in which the RPA is flying at the same time.

5.16 Procedures for loss of control of an RPA in an EVLOS operation
       (1) For an RPA in an EVLOS operation, the certified RPA operator's documented practices and procedures must have procedures for the remote pilot to resolve a loss of control over the RPA.
       (2) For subsection (1), the procedures must be such as to ensure that the remote pilot can:
(a) re-establish control over the RPA; or
(b) end the flight without creating an unreasonable hazard to another aircraft, or