Compliance with Part 101 Manual of Standards in prescribed areas

In plain language

If you fly a drone in an area that has specific rules set out in the Part 101 Manual of Standards, you must follow those rules. Failing to do so is a strict liability offence.

Requirement as structured

A person operating an unmanned aircraft in an area prescribed by the Part 101 Manual of Standards must comply with all requirements prescribed for that area.

Original regulatory text

CHAPTER 10A SIGNIFICANT CHANGES Division 10A.1 General 10A.01 Purpose (1) This Chapter is for the definition of significant change in subsection 1.04 (2). (2) A certified RPA operator to whom section 10.17 applies (the operator), must not make a significant change unless CASA has, in writing, approved the significant change. (3) The operator may, on the approved form, make a written application to CASA to approve a significant change. (4) CASA may approve a significant change, with or without conditions, but only if: (a) the change is consistent with the nature and scope of operator’s certification; and (b) would have no adverse effect on aviation safety. Note For applications and approvals, see Subparts 11.B and 11.BA of CASR. 10A.02 Transition to the 18 October 2023 amendments by existing operators (1) This section applies to a person who was a certified RPA operator immediately before 19 April 2023 (the operator). (2) If, on or after 19 April 2023, an operator proposes to change their documented practices and procedures to comply with or accommodate a requirement or change caused by an amendment in Schedule 2 of the Part 101 Manual of Standards (Miscellaneous Revisions) Amendment Instrument 2023 (No. 1), then: (a) the change is deemed to be a significant change (a deemed significant change) requiring CASA approval; and (b) the significant change forms and procedures under this Chapter apply to and for the change; and (c) the application to CASA for approval of the change must be submitted to CASA on or before 28 June 2023. (3) A fully completed application for approval of a deemed significant change that is submitted to CASA on or before 28 June 2023 will be determined by CASA on or before 18 October 2023. (4) An application for approval of a deemed significant change that does not comply with paragraph (2) (c) may not be determined sooner than the day after 18 November 2023 that is the same number of days after 18 November 2023 as elapsed from (but excluding) 28 June 2023 to (but excluding) the day the application was received by CASA. Note 1 For example, an application for the significant change received by CASA on 28 July 2023 may not be determined until, at the earliest, 18 December 2023 (29 days after 18 November 2023). A training course is not a RPL training course within the meaning of the CASR Dictionary, unless it is conducted in accordance with the standards and requirements of the Part 101 MOS. Unless a course is so compliant, a student who completes it cannot be granted a RePL licence. Note 2 The purpose of this provision is to allow CASA to plan and program, with some element of certainty and predictability, its workload and resources across its organisation, for the contingency of late applications. Decisions on the treatment of late applications would be reviewable under section 31 of the Civil Aviation Act 1988 or regulation 201.004 (Table 201.004, item 1) of CASR. 10A.03 Transition to the 18 October 2023 amendments by new operators (1) This section applies to a person who on or after 19 April 2023, but before 18 October 2023, first became a certified RPA operator (the operator). (2) If, on or after 19 April 2023, an operator proposes to change their documented practices and procedures to comply with or accommodate a requirement or change caused by an amendment in Schedule 2 of the Part 101 Manual of Standards (Miscellaneous Revisions) Amendment Instrument 2023 (No. 1), then: (a) the change is deemed to be a signi