Division 2 — UA pilot licence
Requirement for UA pilot licence
35.—(1)  Subject to paragraph (2), a person must not act as a UA pilot of —
(a)an unmanned aircraft of any total mass in the course of business or for a purpose that is neither a recreation purpose nor an education purpose; or
(b)an unmanned aircraft of a total mass exceeding 7 kg for any purpose,
unless the person holds a UA pilot licence that is in force and authorises the person to fly an unmanned aircraft of the class and category corresponding to that unmanned aircraft.
(2)  Paragraph (1) does not apply to a UA pilot operating an unmanned aircraft (called in this paragraph the first UA pilot) under the supervision of another person who is the holder of a UA pilot licence, where the first UA pilot is operating an unmanned aircraft in the course of or as part of —
(a)the UA pilot licence training conducted by a UATO; or
(b)a practical assessment or proficiency check conducted by an Authorised Flight Examiner or the Authority.
(3)  A person who contravenes paragraph (1) shall be guilty of an offence under section 4(3) of the Act.
(4)  In a prosecution for an offence under paragraph (3), it is not necessary for the prosecution to prove that the person charged with the offence intended to commit the offence.
Application for UA pilot licence
36.—(1)  An application for a UA pilot licence must be made to the Authority in accordance with this regulation.
(2)  An applicant for a UA pilot licence must —
(a)be an individual who has attained the requisite minimum age;
(b)have successfully passed a theory test; and
(c)subject to regulation 52(3), have successfully passed a practical assessment relating to the class and category of the licence.
(3)  An application for a UA pilot licence must —
(a)be made after the applicant has successfully passed the practical assessment, and while the applicant holds a valid pass in the theory test;
(b)be made in the form and manner required by the Authority;
(c)be accompanied by the relevant fee specified in the Second Schedule; and
(d)be accompanied by the following information in the form the Authority requires:
(i)the identity and contact address of the applicant;
(ii)documents evidencing that the applicant has satisfied the requirements in paragraph (2);
(iii)any other documents or information that the Authority may require to decide on the application.
(4)  The Authority may refuse to consider an application for a UA pilot licence that is —
(a)incomplete; or
(b)not made in accordance with paragraph (3).
Grant of UA pilot licence
37.—(1)  After considering any application for a UA pilot licence, the Authority may —
(a)upon being satisfied that the applicant is a fit and proper person to hold the UA pilot licence and is qualified by reason of the applicant’s knowledge, competence and skill to act in the capacity to which the licence relates, grant the UA pilot licence, subject to any conditions that the Authority thinks fit; or
(b)refuse to grant the UA pilot licence.
(2)  Subject to the provisions of the Act, unless earlier revoked or surrendered, a UA pilot licence authorises the holder to operate an unmanned aircraft of each category and rating specified in the UA pilot licence and remains in force for the lifetime of the holder.
(3)  A holder of a UA pilot licence must pass a proficiency check in respect of each Class A category (as indicated in the Third Schedule) specified on the UA pilot licence at least once every 4 years from the date on which the category was specified on the UA pilot licence, failing which the UA pilot licence expires in respect of the category at the end of 4 years after the later of —
(a)the date on which that category was specified on the UA pilot licence; or
(b)the date on which the UA pilot last passed a proficiency check in respect of that category.
(4)  In addition to the proficiency check mentioned in paragraph (3), a holder of a UA pilot licence with a rating in Class B must complete appropriate refresher training (called in this Part Class B refresher training) in respect of each rating in Class B, at least once a year, conducted by a UATO or a UA operator permit holder by whom the holder of the UA pilot licence is employed or engaged, failing which the UA pilot licence expires in respect of the rating at the end of one year after the later of —
(a)the date on which that rating was specified on the UA pilot licence; or
(b)the date on which the UA pilot last completed Class B refresher training in respect of that rating.
(5)  When the holder of a UA pilot licence with a rating in Class B undergoes the proficiency check for the corresponding category in Class A, the holder must provide documents evidencing the completion of Class B refresher training to the person conducting the proficiency check.
Variation of UA pilot licence
38.—(1)  A holder of a valid UA pilot licence may at any time apply to the Authority to vary the UA pilot licence to —
(a)add or remove a category to the UA pilot licence;
(b)add or remove a rating to the UA pilot licence; or
(c)modify a condition of the UA pilot licence.
(2)  An application for the variation of a UA pilot licence must —
(a)be made to the Authority in the form and manner required by the Authority;
(b)be accompanied by the relevant fee specified in the Second Schedule; and
(c)be accompanied by the following information in the form the Authority requires:
(i)if the application is to add a category to the UA pilot licence, documents evidencing that the applicant has satisfied all the requirements for that category;
(ii)if the application is to add a rating in Class B, documents evidencing that the applicant has satisfied all the requirements for the corresponding category in Class A;
(iii)any other information and documents as the Authority may require to decide on the application.
(3)  The Authority may refuse to consider an application to vary a UA pilot licence that —
(a)is incomplete; or
(b)is not made in accordance with paragraph (2).
Responsibilities of a UA pilot
39.—(1)  A UA pilot must not fly an unmanned aircraft unless the UA pilot —
(a)is aware of the performance specifications and operating limitations of the unmanned aircraft; and
(b)is satisfied that the unmanned aircraft is airworthy.
(2)  A UA pilot must —
(a)when operating an unmanned aircraft, comply with the performance specifications and operating limitations of the unmanned aircraft as specified by the manufacturer; and
(b)when operating an unmanned aircraft, ensure that the unmanned aircraft is within visual line of sight at all times unless the UA pilot licence allows the UA pilot to operate the unmanned aircraft beyond visual line of sight.
(3)  A person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction —
(a)for a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
Production of UA pilot licence
40.—(1)  A UA pilot operating an unmanned aircraft must, on being so required by an authorised person, produce his or her UA pilot licence for examination so as to enable the authorised person to ascertain the identity of the UA pilot, the validity of the UA pilot licence, and whether the UA pilot is authorised to operate the unmanned aircraft.
(2)  A person who, without reasonable excuse, contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —
(a)for a first offence, to a fine not exceeding $20,000; and
(b)for a second or subsequent offence, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 15 months or to both.