Confirmation by the UK authorities that an unidentified unmanned air system was involved in a near collision with an Airbus A320 on the approach to London Heathrow airport's runway 09L in July has put the issue of regulation in the spotlight. This is a topical issue because in just one European country in the last year the number of UAS operators rose by 350%.
Fortunately, a pair of timely European Commission studies on the issue have just reviewed all aspects of regulating the sector, acknowledging that the civil sector of the UAS industry today may be in its infancy, but it is growing fast. And the Commission has made it clear that it wants manufacturers and operators to have unambiguous guidelines to ensure their success in a promising global marketplace.
The Commission study – drily entitled Third Party Liability and Insurance Requirements of RPAS – (remotely piloted air systems) observes: “Due to low barriers to entry in the RPAS sector, there is a risk that (in contrast to the manned aviation sector) there could be a significant number of uninsured and illegal operations. If the RPAS sector grows as projected, there could be a need for considerably increased action by national authorities to enforce the existing insurance rules, as well as other regulatory requirements.” The report predicts that third-party liability claims will mainly affect RPAS operators, rather than manufacturers.
The comment about “low barriers to entry” reflects the fact that these devices are mostly very small, light, and low-cost, which makes them attractive to amateur operators, as well as businesses. A particularly common format for RPAS is the quadcopter, but a unmanned air vehicle, unlike a remote-controlled model aircraft flown purely as a leisure activity in its own right, is normally used to carry a payload. Most commonly, this is a camera or a video camera, possibly with a wireless data link to the ground, enabling real-time surveillance to be carried out cheaply.
This leads on to the subject of the second European Commission RPAS report, on Privacy, Data-Protection and Ethical Risks in Civil RPAS Operations.
Some regulation already exists for remotely piloted flying machines. The RPAS industry’s own opinion is that its products should be considered proper aircraft, and that “model aircraft used in visual line of sight [VLOS] exclusively for recreational purposes, and ‘flying toys’, should not be considered RPAS”.
In Europe, EASA’s responsibility does not extend to UAVs with an operating mass of less than 150kg (330lb). National authorities are therefore responsible for regulating smaller devices which, according to both the reports, covers “almost the entire civil market at present”.
So what does the existing RPAS operator spectrum consist of? The insurance report says: “Civilian RPAS come in a variety of formats, but there are two broad categories: fixed-wing and rotary-wing. Our research shows that, in Europe, most light and ultra-light RPAS are rotary wings, with either four, six or eight sets of wings. It also appears that most of the RPAS operated are of the very light category (below 7kg).” Light RPAS are defined as weighing less than 25kg, and very light as less than 7kg.
Information protection is also going to be a big issue because RPAS are already being used by police to monitor people, their location and their behaviour. The Commission says codes of practice are needed “to assist in the enforcement of the obligations of RPAS operators who are collecting, processing and storing data related to people and their property”. Police already use UAVs, the report observes, “to monitor crowds at events such as festivals, protests and sporting events, prevent anti-social behaviour, detect marijuana cultivation, and support pursuits and operations”.
Most laws that apply to UAV operators are not aviation laws but define the responsibility of the operator not to endanger people going about their lives. The insurance study recommends that “national authorities should take measures to improve awareness amongst RPAS operators of the existing regulatory requirements that apply to them”. It adds: “This would be facilitated by introducing a requirement to record sales and imports of RPAS and model aircraft within the EU.” The problem for claimants will be to identify the operator, so the report recommends: “Member States should require RPAS to be fitted with a fire-proof plate identifying the operator and/or the manufacturer, and this should include a serial number for the RPAS.”
According to the report, there are currently 212 RPAS operators in the UK, mostly engaged in aerial filming and photography. The French aviation authority estimates that in France there are 438 active RPAS operators, and that less than 10% of the aircraft weigh more than 4kg. According to the French association of operators and manufacturers, the number of RPAS operators in the market has increased by 350% in the last year. Some 83% of the operators are in the media sector (broadcast, communications and events), while the rest are in construction, agriculture and inspections.
Source: Flight International
