RPAS regulatory round-up for 2021

Throughout the year, regulators, government and safety authorities made a number of key changes to regulations around drone operations, in recognition of the growing prevalence of drones operating in Australian skies.

Here, we’ve compiled a list of the major advancements in drone regulations made throughout 2021.

Mandatory drone registration and operator accreditation introduced

In January 2021, CASA introduced mandatory drone registration and operator accreditation rules for anyone who uses drones for commercial purposes. 

The aviation safety authority said the move was necessary, given how many drones now fill our skies, to ensure that drone users can operate while keeping themselves and others safe.

As of 28 January 2021, all commercial drone users and operators are now required to register their drone, no matter the size or weight, with CASA. Further, all commercial drone users are required to get their operator accreditation, in order to fly their drones.

Essentially, if you use drones for any commercial purpose – be it photography, security, delivery, or any other service that you are being paid for – you are now required to register your drone and get yourself accredited.

To register a drone, you must be at least 16 years of age, and you will need to hold both a myCASA online account and an aviation reference number (ARN), which you can obtain after signing up for myCASA.

When registering your drone, you’ll need to provide proof of identification, as well as all of the information about the drone you are registering, such as the make, model serial number and weight of the drone.

Remember, you don’t need to register your drone if you are flying it for sports or recreation, but if you intend to use it for any commercial purpose, it must now be registered.

Anyone who uses a drone for commercial purposes, such as at their job, is also now required to get an operator accreditation.

Luckily, it’s fairly easy to get accredited!

The process consists of watching a three-minute video and completing a short online quiz to ensure you have absorbed all that information. You can access the video and the quiz through the myCASA online portal.

You can repeat the quiz as many times as you need until you pass, and once you do, you will automatically receive your accreditation certificate, which you can then download and print.

Your accreditation lasts for three years, and the whole process is free to complete.

Also, if you already hold a remote pilot license (RePL) you don’t need to get your drone operators accreditation.

Fair warning – the penalties for not following these new drone rules can be pretty hefty, plus your business’ insurances could be void.

According to CASA, failure to register a drone could land operators with a fine of up to $11,100, while your business’ public liability insurance could be voided as operating an unregistered drone is now considered an illegal activity.

New trial in the NT paves the way for medical drone deliveries

In February, a federal government-funded centre backed a major project to design and manufacture custom drones to fly medicine, including COVID-19 vaccines, to remote destinations in the Northern Territory.

The pilot program looked to achieve regular drone delivery flights of up to 100 kilometres by the end of 2021 and flights of up to 250 kilometres by 1 July 2023.

The trial was a collaboration between Charles Darwin University and iMOVE Cooperative Research Centre – a government-funded national non-profit, funding research and development for cutting-edge solutions in transport and freight.

The move is significant, given it was the first in what would soon become a major trend for 2021, of innovators – and the government – pushing towards the use of drones for the delivery of key medical supplies, as well as household goods. 

Lee-Ann Breger, iMOVE programs director, said, “There are about eight million people living in rural and remote parts of the country – that’s about a third of our population living in places where getting life-saving medical supplies is not only a race against time, but also a battle against the tyranny of distance, harsh landscapes and unpredictable elements.

“Drones seem an obvious solution, a potential game-changer. In the not-too-distant future, if you see a drone flying overhead in the middle of nowhere, there’s a fair chance that technology is on its way to help someone or even save their life.”

Trial to digitally and automatically authorise drone flight requests

In March 2021, CASA used its platform at the Australian Association for Uncrewed Systems (AAUS) conference to reveal several new initiatives that the agency hoped will “ensure the safe integration of RPAS into Australian skies”.

This included the reveal of a new six-month trial in collaboration with Airservices Australia to “digitally authorise” drone flight requests from remotely pilot aircraft operator’s certificate (ReOC) holders within 3 NM (5.5 kilometres) of a controlled aerodrome.

Essentially, under the trial, the chief remote pilot operating under a ReOC, could see their application to fly near one of the three trial sites – Adelaide Airport, Canberra Airport, and Perth Airport – automatically approved if it met certain criteria, saving operators time and money.

Applications could be made through any of CASA’s approved drone safety apps, downloadable from your chosen app store. Approvals were made in real-time, via the app. 

CASA said the move will help to “cut the red tape” for drone operators, and reduce application wait times from weeks to just seconds.

Criteria for an automatic approval included a registered drone with a maximum take-off weight of less than 25 kilograms, operating during daylight hours for no longer than one calendar duration per application. Applications must be made no more than 30 days in advance.

Remote pilots operating under the authorised ReOC could carry out the approved flights, provided the remote pilot holds a valid remote pilot licence (RePL) and also an aviation radio qualification (such as an aeronautical radio operator certificate).

CASA said the included airports in this trial have been identified as safe for drone operations and will not place normal manned aircraft operations at risk. The trial did not include recreational drone flyers or people who operate in the excluded category, which includes some commercial drones under two kilograms.

CASA reveals a slew of new initiatives focused on drone development and safety

Along with the trial, CASA made a slew of other announcements at the AAUS conference detailing the regulator’s new projects and programs.

Off the back of the digital authorisation trial, CASA said that it would soon introduce new third-party app developers to create additional CASA-approved drone safety apps, which aid the general public in knowing and understanding drone rules, as well as streamline processes, such as this authorisation trial.

Also, CASA announced that it would open consultations on its plan to standardise applications for beyond visual line of sight (BVLOS) operations, to make it easier for ReOC holders to begin BVLOS operations. 

The regulators invited feedback on key guidance material, which included five BVLOS standard scenarios, to get the drone community’s insight into how to improve standardised applications.

The final announcement made at the AAUS conference was the establishment of a new RPAS industry advisory group, to help collaborate and inform CASA’s regulatory roadmap for drone operations moving forward.

The advisory group, named the Aviation Safety Advisory Panel, aims to receive objective high-level advice from within the aviation community on current, emerging and potential issues that may impact aviation safety.

Australia plans for drone air traffic control systems

In May, it was announced that the Australian government will develop an air traffic control-style system for drones, in a major collaboration with the Australian Defence Force, Airservices and CASA.

The project was announced by then-Deputy Prime Minister Michael McCormack and promised to invest $35.7 million into the emerging aviation technology.

Plans for an Unmanned Aircraft System Traffic Management (UTM) system were one of the key pillars of the government’s National Emerging Aviation Technologies (NEAT) Policy Statement.

The document revealed the Department of Infrastructure will prepare an “action plan” to create an air traffic control style system that will work in conjunction with existing processes for traditional aircraft.

It will also include a new National Drone Detection Network that will use sensors to monitor the devices and safeguard privacy, noise and their use at cultural sites. It aims to begin initial operations in 2023.

“Growth in the use of drones and eVTOL in Australia is estimated to support more than 5,000 jobs and a $14.5 billion increase in GDP over the next 20 years – of which $4.4 billion would be in regional areas across New South Wales, Queensland and Victoria,” McCormack said.

“The NEAT Policy Statement sets out how we will make the most of these opportunities.

“The government is working closely with industry and communities to build a first-class aviation technology sector that is innovative, safe and considerate of local environments and needs.

As part of the NEAT Policy Statement, the government will invest $35.7 million to establish the Emerging Aviation Technology Partnerships program, including a Drone Rule Management System and Drone Detection Network.

“The program will establish strategic partnerships with industry to support aviation manufacturing jobs and encourage adoption of emerging aviation technologies to address community needs, particularly in regional Australia,” the then Deputy PM said.

“These partnerships will trial new service delivery models, such as using AAM to create regional passenger and cargo links, providing benefit for regional communities and their economies while also increasing business efficiency, and reducing carbon emissions through new technology.

“Other initiatives under the NEAT policy statement include developing frameworks for the Drone Rules Management System to coordinate operating rules on drones across all levels of government and the National Drone Detection Network.

“This will detect drone activity to address security risks and support enforcement of other rules such as safety and airspace regulations.”

New registration fee introduced for commercial drones

In July, CASA revealed a new annual registration fee for commercial drones weighing over 500 grams. 

As of 27 July 2021, all drones or RPA flown for business purposes weighing over 500g will incur a $40 registration levy per drone.

Drones weighing 500 grams or less, or any drones not used for business purposes, will not incur a fee.

The new fee follows on from the new regulations that required all drones or remotely pilot aircraft (RPA) used for business purposes to be registered, which came into place in January 2021.

Similar to registration for cars, registration is valid for 12 months, and commercial drones over 500g will be required to be re-registered each year.

Fines of up to $11,100 are applicable for anyone found operating an unregistered drone for commercial purposes.

CASA said it introduced mandatory registration on commercial drones in order to keep drone operators accountable for incidents and encourage safe operations.

New mandatory reporting requirements introduced for drone users

Later in the year, the Australian Transport Safety Bureau and CASA announced that drone operators would soon face new mandatory reporting requirements that bring requirements in line with that of traditional aircraft.

It marked the ATSB’s biggest overhaul in reporting rules in nearly two decades. The move was made in recognition of the growing prevalence of unmanned aerial devices in shared airspaces, and the rapidly changing nature of commercial aviation in light of drone technologies, according to a spokesperson from the ATSB.

From 30 September 2021, the Transport Safety Investigation Regulations Act 2003 was replaced with the new Transport Safety Investigation Regulations Act 2021.

The new regulations specified that operators of certain remotely piloted aircraft (RPA) will now be required to make safety and occurrence reports to the ATSB in a timely fashion. Previously, there was no formal requirement for operators to report safety incidents to the ATSB, however major incidents were often still flagged to the safety investigator.

Operators or other “responsible persons” deemed to have deliberately failed to adhere to mandatory reporting requirements will face similar repercussions to others across the aviation sector who fail to report.

According to the bureau, the new reporting requirements will allow it to better measure and assess safety issues and monitor trends in the operation of RPAs in the growing drone sector.

Under the new regulations, drones will be categorised under either Type 1 RPAs or Type 2 RPAs.

Type 1 RPAs include drones that have been certified against relevant airworthiness standards (type certification), medium drones that weigh over 25kg, and large drones that weigh over 150kg.

Under the revised requirements, Type 1 operators will be required to immediately report to the ATSB RPA occurrences involving death or serious injury, accidents, loss of a separation standard with aircraft, and serious damage to property.

Meanwhile, less serious incidents and occurrences are required to be reported to the ATSB within 72 hours.

Routine reportable matters include:

• any procedure for overcoming an emergency;
• when flight into terrain is narrowly avoided;
• occurrences that result in difficulty controlling the aircraft, including:
• aircraft system failure;
• weather phenomenon; and
• operation outside the approved flight envelope.

All other drones over 250g are considered Type 2 RPAs and will have fewer reporting requirements. This distinction was made on the basis that ATSB investigations are unlikely for these operations unless there is serious risk of harm to people or significant third-party property.

Occurrences involving Type 2 RPAs will generally only need to be immediately reported to the ATSB if these involve death or serious injury.

Less serious accidents and damage to Type 2 RPAs will need to be reported within 72 hours, the ATSB said.

This includes serious property damage, loss of separation, missing aircraft, aircraft sustaining serious damage, or aircraft inaccessible.

Drones that do not fall into either of these Type 1 or Type 2 RPA fields have no mandatory reporting requirements under these new regulations.

“RPAs are an emerging form of commercial aviation that will benefit from investigation into systemic safety issues to help prevent future accidents,” said ATSB chief commissioner Angus Mitchell at the time.

“The recognition of transport safety issues associated with the operation of RPAs, will be a welcome development and provide greater certainty for commercial operators and enthusiasts alike.

“For the ATSB, it’s an exciting opportunity to apply our world-leading aviation safety investigation capabilities and improve safety outcomes in a growing field.”

The ATSB noted to drone operators that making a report to the bureau is not a time-consuming process, and the ATSB investigated incidents from a “no blame” perspective, prioritising improved safety outcomes.