Regulation of unmanned aerial vehicles

The use of unmanned aerial vehicles (UAVs) is generally regulated by the national aviation authority of the country.

MQ-9 Reaper in flight (2007)

Certification aspects

One of the main barriers to rapid full-scale growth of commercial unmanned aircraft is the concern for safety. As myriad certification agencies scramble to keep up with the unique demands of this fast-growing industry, one thing is clear – where applicable, pertinent certification standards for manned aircraft are starting to apply. For the complex electronics that provide communication and control of these systems, this means a swift move towards compliance with DO-178C and DO-254 for software and hardware development.^[1] In most cases, the unmanned aircraft can only be operated as part of a system, hence the term “unmanned aircraft system” or UAS. The UAS consists of an unmanned aircraft (UA), a remote pilot station and the command, control and communications links that join them; as such, safety considerations address all of these elements.^[2]

In 2011,^[2] the International Civil Aviation Organization of the United Nations published Circular 328 – this document states a UAS should demonstrate equivalent levels of safety as manned aircraft and thus meet relevant government rules for flight and flight equipment. Within the United States, the Congress passed a bill in 2012 that mandated the FAA create a plan for allowing UAS into commercial airspace. Subsequently, the FAA issued “the Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS) Roadmap”.^[1]

As of 2014, obtaining an experimental airworthiness certificate for a particular UAS is the only way civil operators of unmanned aircraft are accessing the National Airspace System of the United States.^[3] FAA Order 8130.34, Airworthiness Certification of Unmanned Aircraft Systems, establishes procedures for issuing this certification, and as such establishes guidance standards for certification aspects of development and operation, which may be addressed by adoption of such standards as ARP4754A, and DO-178C.^[4]

The FAA roadmap is, in essence, maturation of the acceptance of UAVs from this “experimental” aircraft certification to requiring the same standard airworthiness type certification of manufacturing design as is now required of conventional manned aircraft.^[1]

By country

The European Union sees benefits and challenges for civilian drones, and in 2014 proposes a set of regulations to control the effects of drones on peoples' safety, security and privacy.^[5]

Australia

In 2013 a Civil Aviation Safety Authority (CASA) spokesman said that those operating remotely piloted aircraft should keep them at least 30m away from structures, buildings and people, and to check with the local council where they could be used.^[6]

Civil Aviation Safety Authority (CASA) regulations require that UAVs be at least 30m from people and shouldn't be operated in a way that creates a hazard.^[7]

Canada

In 2016 Transport Canada proposed the implementation of new regulations that would require all drones over 250 grams to be registered and insured and that operators would be required to be a minimum age and pass an exam in order to get a license.^[8] These regulations are expected to be introduced in 2017.

France

Overflights of nuclear power plants are illegal in France, with a punishment of a year in prison and a fine of €75,000 if an aircraft comes within 5 km horizontally or 1 km vertically of a plant.^[9]

Indonesia

In 2015, the Indonesian Ministry of Transportation's Directorate General of Civil Aviation published a rule that regulates the usage of Unmanned Aerial Vehicles in the Indonesian Airspace.^[10] The rule states that UAVs should not fly above the altitude of 150m and should not fly inside restricted or prohibited area, and areas around airports. UAVs that require altitudes higher than 150m would require a written authorization from the Directorate General of Civil Aviation. Additionally, UAVs equipped with imaging equipment should not fly within 500m from the border of restricted or prohibited area, and if the UAV is involved in imaging activities, the operator should have written permission from the local government. Special UAVs equipped with farming equipment such as seed spreader or insecticide spray should only operate in farmland, and should not operate within 500m of housing area.

Republic of Ireland

In 2012, the Irish Aviation Authority published a document setting out safety requirements for any unmanned aerial system.^[11] The IAA policy is that unmanned aerial systems may not be flown without the operator receiving a specific permission from the IAA.^[11] New regulations, including a registry of UAVs over 1kg were introduced in December 2015.^[12][13]

South Africa

In April 2014, the South African Civil Aviation Authority announced that it would clamp down on the illegal flying of UAVs in South African airspace.^[14] They also stated that as they had not authorised any such flights, existing ones were being done illegally.^[14] A growth in the use of UAVs had prompted the SACAA to integrate them into South African airspace, but until regulations were in place, people operating them could be fined up to R50,000 and face up to 10 years prison.^[14]

Following discussions between the South African Civil Aviation Authority and key role players such as operators, manufacturers and other airspace users, a set of draft regulations were submitted to the Minister of Transport for review and approval. The regulations were accepted by Dipuo Peters, the South African transport minister, and put into effect 1 July 2015.^[15] The regulations are called the Eighth Amendment of the South African Civil Aviation Regulations, 2015 ^[16]

The new regulations focus strongly on safety aspects with UAVs not being allowed to fly higher than 120m or closer than 50 meters to a person or group of people without prior approval from the SACAA.^[15]

Airspace restrictions also apply above and adjacent to:^[15]

• Nuclear plants
• Prisons
• Police stations
• Crime scenes
• Court of law
• National key points

Manned aircraft always have the right of way and the passing of UAVs close to such aircraft are strictly prohibited. Pilots are required to tune into the air traffic services in which they are flying and all flight activity are required to be recorded in a logbook. Public roads may also not be used for take-off and landing.^[15]

Another safety aspect prohibits UAVs to be used in adverse weather conditions where visibility will be impaired. Separate approval is required where line of sight is unmanageable or for night flying.^[15]

Current regulations do not allow UAVs to be used for deliveries or for the transportation of goods. From a hobbyist point of view UAVs cannot tow other aircraft, perform aerobatic and aerial displays or be flown in a formation.^[15]

UAV pilots are required to have a CAA approved and valid pilot licence and a letter of approval which is valid for 12 months. Any incidents should be reported to the relevant authorities, especially if serious damage or injury was caused.^[15]

United Kingdom

The U.K.'s Civil Aviation Authority (CAA) has stated that it will require non-military drones larger than 20 kg to be able to automatically sense other aircraft and steer to avoid them, a technology still missing in civilian UAVs as of 2012.^[17]

As of 2013, the CAA rules are that UAV aircraft less than 20 kilograms in weight must be in direct visual contact with the pilot, cannot fly within 150 meters of a congested area or within 50 meters of a person or vehicle, and cannot be used for commercial activity.^[17][18]

United States

The US Federal Aviation Administration has adopted the name unmanned aircraft (UA) to describe aircraft systems without a flight crew on board. To operate a UA for non-recreational purposes in the United States, according to the FAA users must obtain a Certificate of Authorization to operate in national airspace.^[19] The FAA may permit the use of UAs for commercial or business purposes in response to individual exemption requests.^[20]

In December of 2015 the FAA announced that all UAVs weighing more than 250 grams flown for any purpose must be registered with the FAA.^[21] The FAA's Interim Rule can be accessed here. This regulation goes into effect on December 21, 2015 and requires that hobby type UAV's between 250 grams and 55 pounds need to be registered no later than February 19, 2016. ^[22] The FAA's registration portal for drones can be accessed here.

Notable requirements of the new FAA UAV registration process include:

• Effective December 21, 2015, if the UAV has never been operated in U.S. airspace (i.e. its first flight outside), eligible owners must register their UAV's prior to flight. If the UAV previously operated in U.S. airspace, it must be registered by February 19, 2016.
• In order to use the registration portal, you must be 13 years of age or older. If the owner is less than 13 years old, then a parent or other responsible person must do the FAA registration.
• Each registrant will receive a certificate of aircraft registration and a registration number and all UAV's must be marked with the FAA issued registration number.^[23]
• The FAA registration requires a $5 fee, though the FAA is waiving the fee for the first 30 days of the new registration period - until January 20, 2016. The registration is good for 3 years, but can be renewed for an additional 3 years at the $5 rate. ^[24]

The new FAA rule provides that a single registration applies to as many UAVs as an owner/operator owns or operates. Failure to register can result in civil penalties of up to $27,500, and criminal penalties which could include fines up to $250,000 and/or imprisonment for up to three years. ^[25]

To show problems with the FAA process, in August, 2015 an attorney was able to get FAA approval for a commercial drone that was actually a battery powered paper airplane toy. Its controllable range is 120 feet (37 meters) and maximum flight time is 10 minutes. It is too underpowered to carry a camera.^[26] The December 2015 registration specifically excludes paper airplanes, Frisbees, and other flying objects that are not true UAVs.^[21]

In addition to FAA certification, the regulation of usage of UA systems by government authorities in the United States for law enforcement purposes is determined at a state level.

References

External links

• UK CAA Regulations and Overview
• South African Civil Aviation Authority