[LINK] Evaluation of CASA's Proposed Drone Registration Scheme

[Roger Clarke]

Jake Evans at the ABC has drawn my attention to a CASA 'consultation':
https://consultation.casa.gov.au/regulatory-program/pp1816us/

The CASA site-search seems not to locate it, and it doesn't appear to be 
linked to from any of the obvious places.

It was open only 25 Jan 19 to 22 Feb 19.

It's unclear who it was promoted to and by what channels.

I've not at this stage downloaded the documents it points to (and I've 
burnt up too much time this morning and need to get real work done).

At first glance, my criticisms appear to be unaffected by this document.

Note, however, that CASA rejects any responsibilities beyond public 
safety, i.e. my items 1 and 2 - harm to people and property.

This morning's CT article made clear that 3 noise nuisance is subject to 
zero regulation.  And the surveillance and privacy aspects - my items 
4-6 - are also subject to zero regulation, in that the OAIC has very 
limited jurisdiction, and is useless in any case.

______________


Proposed new remotely piloted aircraft (RPA) registration and RPAS 
operator accreditation scheme (PP 1816US)
https://consultation.casa.gov.au/regulatory-program/pp1816us/

Closed 22 Feb 2019
Opened 25 Jan 2019
Contact
Remotely Piloted Aircraft Systems Branch
131 757
regulatoryconsultation at casa.gov.au

Overview

In 2019, CASA proposes to introduce a remotely piloted aircraft (RPA) 
registration and RPA operator accreditation requirement, as a way of 
monitoring the safe and lawful operation of RPAs.  The registration and 
accreditation requirements are proposed to apply (with certain 
exceptions) to the following RPA:
-   RPA more than 250 grams operated recreationally and
-   all RPA operated commercially, including excluded RPA operations, 
regardless of weight.

The RPA registration and accreditation requirements are not proposed to 
apply to the following:
-   RPA 250 grams or less operated recreationally or
-   Model aircraft at CASA-approved model airfields or
-   RPA operated recreationally indoors.

This consultation seeks your comments on the detail of the proposed scheme.

The aim of the proposed new rules is to increase safety through 
increased compliance with the requirements:
-   ensuring everyone who flies a drone over 250 grams knows the rules
helping CASA to target the right safety information to the users who 
need it most
-   making it easier for authorities to identify when someone is 
breaking the rules.

Accreditation will be free. You will have to do an online education 
course – basically, watch a video and answer a quiz on the drone rules 
that apply to you. However, if you already hold a drone licence you will 
not have to do this course.

The cost of registration has yet to be determined by CASA.  The cost 
will depend on whether you fly your drone for fun or profit. It is 
likely to be a $20 or less annual fee (per person) for recreational 
drones and for some model aircraft operators. There will also be an 
annual registration fee likely to range from $100 to $160 per drone, for 
each commercial drone.

Why We Are Consulting

As part of the development of aviation rules, CASA consults with the 
community to ensure the rules will work in practice as they are intended.

We have a responsibility under section 9 of the Civil Aviation Act 1988 
for the safety regulation of civil air operations, including drones, in 
Australian territory.

The Government supported the introduction of a mandatory accreditation 
and registration system for drones last year:
https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Rural_and_Regional_Affairs_and_Transport/Drones/Government_Response

This was in a response to the recommendation from a Senate Standing 
Committee on Rural and Regional Affairs and Transport inquiry.

How to complete this consultation

The consultation will ask you questions in relation to the detail of the 
registration and accreditation scheme. Each question will include key 
points and further reading from the relevant sections of the following 
two documents:
-   Policy Proposal – Proposed new remotely piloted aircraft (RPA) 
registration and RPAS operator accreditation scheme
-  Annex A - Policy statement - Proposed new remotely piloted aircraft 
(RPA) registration and RPAS operator accreditation scheme.

These documents include content about how the scheme will work in 
practice. They are attached below under ‘Related’. Please note, 
throughout these documents CASA uses the term remotely piloted aircraft 
(RPA) to refer to a drone.

Recent industry feedback

CASA has previously consulted with the community on drone registration 
and accreditation.

In November 2018, a group of drone industry experts met to consider 
drone registration and accreditation. This technical working group, made 
up of industry representatives,
https://www.casa.gov.au/about-us/standard-page/rpas-registration-and-accreditation-twg
was established by the Aviation Safety Advisory Panel (ASAP)
https://www.casa.gov.au/rules-and-regulations/standard-page/aviation-safety-advisory-panel
to direct our engagement with industry and seek input on regulatory and 
associated policy approaches. The group strongly supported the 
introduction of a scheme. However, there were some concerns expressed 
about the impact on some model aircraft owners and operators.

In August/September 2017, CASA published a drone discussion paper.
https://consultation.casa.gov.au/regulatory-program/dp1708os/consultation/published_select_respondent

The majority of respondents also supported some form of registration, 
training and proficiency when the weight of the drone was taken into 
account.

What Happens Next

CASA will register and review each submission received through this 
online response form. We will make all submissions publicly available 
here on the Consultation Hub unless you have requested that your 
submission remain confidential. We will also publish a summary of 
consultation which will summarise all the feedback we received.

Once we have considered public feedback, CASA is working to an 
overarching commencement date of 1 July 2019. To minimise risks 
associated with the supporting information technology systems, a staged 
implementation is planned whereby registration and accreditation are 
progressively introduced:
-   1 July 2019 – RPA operator certificate (ReOC) holders (registration 
only)
-   1 September 2019 – Excluded RPA operators (Sub 2k and flying over 
your own land) (accreditation and registration)
-   November 2019 – Recreational drone operators (accreditation and 
registration)

Related

Policy Proposal - PP 1816US
305.5 KB (PDF document)
https://consultation.casa.gov.au/regulatory-program/pp1816us/supporting_documents/Policy%20Proposal%20%20PP%201816US.PDF

Annex A - Policy statement - Proposed new remotely piloted aircraft 
(RPA) registration and RPAS operator accreditation scheme
303.0 KB (PDF document)
https://consultation.casa.gov.au/regulatory-program/pp1816us/supporting_documents/Annex%20A%20%20Policy%20statement%20%20Proposed%20netely%20piloted%20aircraft%20RPA%20registration%20and%20RPAS%20operator%20accreditation%20scheme.PDF

PDF - Consultation - Proposed new remotely piloted aircraft (RPA) 
registration and RPAS operator accreditation scheme (PP 1816US)
969.1 KB (PDF document)
https://consultation.casa.gov.au/regulatory-program/pp1816us/supporting_documents/PDF%20%20Consultation%20%20Proposed%20new%20r%20aircraft%20RPA%20registration%20and%20RPAS%20operator%20accreditation%20scheme%20PP%201816USamd%202.pdf

Word Doc - Consultation - Proposed new remotely piloted aircraft (RPA) 
registration and RPAS operator accreditation scheme (PP 1816US)
927.0 KB (Office Word 2007 XML document)
https://consultation.casa.gov.au/regulatory-program/pp1816us/supporting_documents/Word%20Doc%20%20Consultation%20%20Proposed%20new%20r%20aircraft%20RPA%20registration%20and%20RPAS%20operator%20accreditation%20scheme%20PP%201816US.DOCX

-- 
Roger Clarke                            mailto:Roger.Clarke at xamax.com.au
T: +61 2 6288 6916   http://www.xamax.com.au  http://www.rogerclarke.com

Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA 

Visiting Professor in the Faculty of Law            University of N.S.W.
Visiting Professor in Computer Science    Australian National University