Page:Air Navigation (101 — Unmanned Aircraft Operations) Regulations 2019.pdf/28

S 833/2019 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