Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:12:p11
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 12 (pt 11/30)
Character Range: 2308503–2311222

night or in conditions other than VMC; or
 (b) restricting the extent to which the RPA may be operated at night or in conditions other than VMC; or
 (c) requiring the RPA to stay within a specified area, or
 (d) requiring the operator to make specified broadcasts.
 (6) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

101.280  RPA not to be operated over populous areas
 (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.

101.285  Use of aeronautical radio
 (1) A person may operate an RPA (other than a very small RPA) in controlled airspace only if he or she:
 (a) holds a relevant qualification; and
 (b) maintains a listening watch on a specified frequency or frequencies; and
 (c) makes broadcasts on a specified frequency or frequencies at the specified interval giving the specified information.
Penalty: 25 penalty units.
Note: This Subpart only applies to the operation of certain RPA: see regulation 101.235.
 (2) In this regulation:
relevant qualification means any of the following qualifications:
 (a) an aeronautical radio operator certificate;
 (b) a flight crew licence;
 (c) an ATC licence;
 (d) a military qualification equivalent to a licence mentioned in paragraph (b) or (c);
 (e) a flight service licence.
specified frequency for