PHOTOGRAPHY AND VIDEO shot with drones has become relatively common in real estate marketing. Important changes to the safety regulations covering their use take effect in just under two months.
From 29 September 2016 there will be a new category of commercial remotely piloted aircraft operations. People operating drones with a maximum take-off weight of less than two kilograms will no longer be required to gain a certificate and licence from CASA.
Operators will only have to provide one online notification to CASA well in advance of their first commercial flight and operate by a set of standard operating conditions.
This change cuts red tape and costs to people operating very small commercial drones. They will not need to get a remotely piloted aircraft operator’s certificate (ReOC) or a remote pilot licence (RePL) from CASA.
The change has been made in response to research on the safety risks of remotely piloted aircraft that found very small drones posed a lower level of risk to people, property and aircraft.
CASA’s Director of Aviation Safety, Mark Skidmore, said the changes to the remotely piloted aircraft regulations maintain appropriate safety standards while cutting red tape.
“While safety must always come first, CASA’s aim is to lighten the regulatory requirements where we can.
“The amended regulations recognise the different safety risks posed by different types of remotely piloted aircraft.
“People intending to use the new very small category of commercial operations should understand this can only be done if the standard operating conditions are strictly followed and CASA is notified.
“Penalties can apply if these conditions are not met.”
Anyone intending to fly a very small remotely piloted aircraft in commercial operations must always adhere to the standard operating conditions. These are:
- You must only fly during the day and keep your remotely piloted aircraft within visual line of sight
- You must not fly your remotely piloted aircraft higher than 120 metres above ground level
- You must keep your remotely piloted aircraft at least 30 metres away from other people
- You must keep your remotely piloted aircraft at least 5.5km away from controlled aerodromes – these are the capital city airports and some regional airports – and clear of the flight paths at all other aerodromes and aircraft landing sites
- You must not fly your remotely piloted aircraft over any populous areas – this can include beaches, parks and sporting ovals where there are crowds or groups of people
- You must not fly your remotely piloted aircraft over or near an area where it might affect public safety or where emergency operations are underway – this could include situations such as a car crash, police operations, a fire and associated firefighting efforts, and search and rescue
- You can only fly one remotely piloted aircraft at a time.
Importantly, a remotely piloted aircraft must not be flown in a way that creates a hazard to other aircraft, people or property.
Autonomous flights are also prohibited as CASA is still developing suitable regulations for these operations.
The standard operating conditions may still mean that drones cannot be used for commercial purposes – such as real estate photography – in many areas of major cities and towns.
This could be due to being within 5.5 kilometres of a controlled airport, the need to stay more than 30 metres away from other people or the requirement not to create a hazard to people or property.
There are no exceptions or exemptions to the standard operating conditions and they apply at all times.
Anyone needing to operate a remotely piloted aircraft outside of the standard operating conditions – for example within 5.5km of a controlled aerodrome – will need to obtain a remotely piloted aircraft operator’s certificate and a remote pilot licence from CASA and then gain additional approvals.
There are more than 600 approved remotely piloted aircraft operators across Australia, with most providing aerial photography services, with a list of approved providers being available online.
CASA will be releasing more advisory material on the new drone rules in the near future and is working to develop an app so users can be clear on regulations.
However, if you are in doubt it is still best to use a licensed operator.
“The regulation changes coming into effect later this year are somewhat of a concern to the licensed operators in the industry,” said Nathan Clarke of Top Snap in Central Victoria, a fully licensed drone operator. “Unlicenced operators may not have the knowledge and necessary skills to avoid getting into dangerous situations. Those holding licenses have completed comprehensive theory and flying tests and are insured for public liability and property damage.”
Comprehensive information on remotely piloted aircraft is available on the CASA web site casa.gov.au.
