Webinar for Professional and Recreational Drone Users Fly safely - - PowerPoint PPT Presentation

Fly respectfully consider privacy Fly safely follow flight safety rules Fly responsibly be insured

Webinar for Professional and Recreational Drone Users

Anna Donovan Trilateral Research UK Jean Fournier Global Aerospace France Oliver Heinrich BHO Legal Germany Iñigo Herrera Agencia Estatal De Seguridad Aerea Spain Ulrich Hoffmann Lufthansa Technik Germany Tim Searle SpaceTec Partners Belgium Peter van Blyenburgh Blyenburgh & Co France

27/02/2018

• Website & Project Overview
• Drone Laws in Europe for Professional Users
• Operator & Pilot Qualification
• Privacy & Data Protection
• Insurance
• Agencia Estatal De Seguridad Aerea, Spain

This webinar will take place over a period of 1h 45m with each section taking approximately 15 mins and followed by a short Q&A section where viewers will have the opportunity to ask the presenters questions.

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Content and Process

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Asking a question

• All

questions can be written and will be answered at the end of each section of the presentation

• To ask a question, please write in the chat box (bottom right
• f your screen and ensure that it is sent to “everyone” or

“presenter”

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Project

• Create a comprehensive online presence to create THE reference resource in Europe for

RPAS rules and regulations and related matters.

• Facilitating access to the European market for operators intending to use RPAS in their

home country, or in other EU countries,

• While raising awareness on the underlying regulatory and legal aspects with the general

public, hobbyists, etc.

• The project will also showcase opportunities for economic and job growth that RPAS

represent for entrepreneurs and SMEs. Consortium

• The consortium is compiled of a number of experts for the different thematic areas:

Project Overview and Consortium

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Fly respectfully consider privacy Fly safely follow flight safety rules Fly responsibly be insured

Dronerules.eu

Tim Searle 27/02/2018

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The four pillars

Safety Privacy Insurance Regulation 27/02/2018

• Insurance is a critical part of drones & drone legislation
• No affiliation to or promotion of any particular provider
• Insurance Checklist (Recreational & Professional users)
• What to watch out for
• How to know if your insurance will cover your activities
• Insurance Decision Tree (Recreational & Professional users)
• A logical format to determine which type of insurance is necessary for

pilots

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Insurance

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• Privacy Handbook

A complete overview of how drone impact privacy

• Privacy Code of Conduct

Do’s and don’ts for flying

• Privacy Case Studies

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Privacy

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• Safety Handbook

Covering all basic aspects of safety

• What do I have to do before operating a drone?

E-learning regarding rights & responsibilities

• Privacy Case Studies

Real life scenarios regarding privacy

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Dronerules.eu Safety

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European Drone Legislation Profiles

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Fly respectfully consider privacy Fly safely follow flight safety rules Fly responsibly be insured

Drone Laws in Europe

Oliver Heinrich 27/02/2018

• Drones are generally considered aircraft
• When flying your drone, you participate in air traffic
• Make sure you behave accordingly
• Always fly at altitudes not interfering with other aircraft
• Always yield to other aircraft
• Ensure you always have control over your aircraft
• Maintain situational awareness at all times
• Never pilot a drone if under the influence of medicine, drugs or

alcohol or if you feel tired or nausea

Air Law

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Air Law

• The many different national laws for drones fragment the

market and put high demands on pilots and operators

• The European Aviation Safety Agency (EASA) is developing a

uniform regime for drones regardless of MTOM with its Notice for Proposed Amendment (NPA) 2017-5

• Adoption may happen from 2019 onwards with a transition

phase of likely 2 years into national laws

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Air Law

• EASA approach:

– Risk-/operation-centric: The nature of the risk inherent to the operation must be specifically addressed. – Proportionate: Mitigation measures, implementation costs & resources must be proportionate to the risk they address – Performance-based: Rules need to be technology transparent, not mandate solution

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Air Law

• The classes are allocated to three main categories:

– Open category: Will cover most leisure operations and simple commercial applications within visual line of site (VLOS), not >120 m above ground level (AGL) – CE (Conformité Européene) will be required – there will be categories A1 (over people), A2 (close to people) to A3 (far away from people) with different requirements with sub-categories C0-C4 – Specific Category: Will allow complex operations in pre-defined scenarios also beyond visual line of sight (BVLOS) – based on specific

• peration risk assessment (SORA) developed by JARUS to be further

specified for operations scenarios – Certified Category: For high risk operations similar to current manned aviation requirements

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Air Law

EASA divides open-cat drones into 5 classes - C0 to C4:

Class Maximum Take Off Mass Maximum height of the operation Main technical requirements Electronic ID, Geofencing C0 < 250 g Limitation up to 50 m AGL; or compliance with Toy regulation If equipped with a follow-me mode, distance between pilot and UAS may not exceed 50 m; or compliance with Toy regulation C1 < 900 g and max speed

• f 18 m/s, or made from

materials to ensure the energy in the event of an impact is < 80 J Limitation up to 120 m AGL If equipped with a follow-me mode, distance between pilot and UAS may not exceed 50 m Electronic-ID, if equipped with an audio sensor or camera > 5 MP; C2 < 4 kg Limitation up to 120 m AGL Loss of data link management; Information about battery status; Geofencing and Electronic-ID mandatory C3 < 25 kg Limitation up to 120 m AGL Loss of data link management; Information about battery status; C4 < 25 kg

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Fly respectfully consider privacy Fly safely follow flight safety rules Fly responsibly be insured

RPAS Legislation

Peter van Blyenburgh 27/02/2018

RPAS Legislation

Austria R Belgium R Cyprus R Czech Rep. R Denmark R Finland R France R Germany R Ireland R Italy R Netherlands R Norway R Poland R Spain R Sweden R Switzerland U UK R Bulgaria R Croatia R Estonia R Greece R Latvia R Lithuania R Luxembourg R Malta U Portugal R Romania R Slovak Rep. R Slovenia R Hungary U

Countries with National Drone Rules U or Regulation R

U Rules: Permits-to-Fly are granted by National Aviation Authority (NAA), based

• n specific national rules or on a case-to-case exemption basis (in

countries where no national regulation exists).

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Austria 198 Belgium 200 EST Cyprus 2 Czech Rep. 24 Denmark 575 Finland 33 France 4000 Germany 750 EST Ireland 30 Italy 965 Netherlands 498 Norway 550 EST Poland 2000 Spain 3040 Sweden 224 Switzerland 5 EST UK 2450 Bulgaria 20 EST Croatia 30 EST Estonia 20 EST Greece 30 EST Latvia 20 EST Lithuania 20 EST Luxembourg 20 EST Malta 20 EST Portugal 40 EST Romania 20 EST Slovak Rep. 10 EST Slovenia 20 EST Hungary ?

14814 Certificated Drone Operators

Certificated: Any form of recognition that a product, part or appliance, organisation or person complies with the applicable requirements, including the provisions of a regulation and its implementing rules, as well as the issuance of the relevant certificate attesting such compliance (EASA Basic Reg. Art. 3). Operator: Person, organisation or enterprise engaged in, or offering to engage in, an RPAS operation (ICAO).

EST:

Estimated

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Aircraft

Lighter than Air Not Power Driven Free Balloon Captive Balloon Power-Driven Airship Heavier than Air Not Power Driven Glider Tethered Glider Kite Power-Driven (non-tethered & tethered) Aeroplane Landplane Seaplane Amphibian Rotorcraft Gyroplane Helicopter Ornithopter (flapping wing)

Aircraft Types Involved

Drones Exist

Yellow Letters = Applicable to drones Model Aircraft, Recreational Drones & Flying Toys are also …. AIRCRAFT !!!

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M U T U A L I Z A T I O N

Not State Flights Civil Protection

• Incl. Safety related

Fire Fighters National Mapping Agencies State Flights Customs Security related Police Border Guards Coast Guard Military Governmental Non-Governmental Non-Military General Aviation Corporate Operations Flight Training / Instruction Pleasure (private non-commercial) Commercial Air Transport Scheduled Air Service (Transport of Persons & Freight) Non-scheduled Revenue Operations u Non-Revenue Operations u u u u u u u u Commercial Non-Commercial (incl. Corporate Operations) Training / Instruction Other Miscellaneous Aerial Work u u u u

N O N M I L I T A R Y O P S

Model Aircraft u Leisure Recreational Drones u Flying Toys u

VLOS E-VLOS BLOS RLOS B-RLOS VLOS E-VLOS BLOS RLOS B-RLOS BLOS RLOS B-RLOS VLOS VLOS = Visual Line-of-Sight E-VLOS = Extended VLOS BLOS = Beyond Line-of-Sight RLOS = Radio Line-of-Sight B-RLOS = Beyond RLOS

Drone operations currently take place = u

Drone Usage

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• Duo (student instruction by licensed pilot)
• Solo (unaided student flight)
• Check (qualification verification of pilot

license holder)

Flight Training / Instruction (Private & Commercial) Other Miscellaneous (Private & Commercial)

• Test / Experimental
• Demonstration
• Ferry / Positioning
• Air Show / Race

Commercial & Non-Commercial (Including Corporate Operations) 1 2 3 Transport (Commercial & Non-Commercial)

• Internal Loads
• External Loads
• Underslung Bulk
• Persons

An aircraft operation in which an aircraft is used for specialized (flight) services such as agriculture, construction, photography, surveying, observation & patrol, search & rescue, aerial advertisement, etc. (Chicago Convention, Annex 6 Part 1, Chapter 1.H9)

Professional Operations

Aerial Work

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Agriculture, Fishery, Forestry Animal Deterrent, Civil Protection, Disaster Management, Fire Fighting, Public Gatherings, Critical Installations Police, Border Guard, Coast Guard, Customs, Game-Keeping, Judiciary Aerial Photos, Audio-Visual, Advertising News Gathering & Broadcasting Cinema & TV Industry Construction & Real Estate Environmental (Protection / Conservation) Humanitarian Relief (incl. NGOs) Maintenance Insurance (Claim Investigations) Miscellaneous - Demonstration Mining & Exploration Research & Scientific Public Safety Public Security & Law Enforcement Utility Companies (Public & Private) Heritage & Historical Monument Mgmt Miscellaneous - Ferry/Positioning Policy Compliance & Legal Proof Transport

Aerial Work - Market Sectors

Entertainment & Artistic Expression Miscellaneous - Air Show/Racing Remote Operations - Sensing Remote Operations – Non-Sensing

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Advertising Aerial Acrobatics & Special Effects Aerial Photography & Film/Video Footage Deterring Dispensing Exploration Identification Inspection Localization Manipulation Mapping Measuring Monitoring Observation Patrolling Relief Flight Search & Rescue Sensing Sky Painting Sky Writing Special Purpose Spotting Spraying Surveillance Surveying Testing Tracking Transport – Goods Transport - Persons Validation Water Bombing

Aerial Work – Flight Mission Purposes

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Flight Mission Considerations

1 Mission Objective Defines:

• Payload
• Flight Parameters
• Flight Location
• Operation Manual
• Possible Export Restrictions

2 Payload Conditions:

• Possible Privacy Infringement Risks
• Possible Data Protection Risks
• Possible Export Restrictions

3 Flight Parameters & Flight Operation Location Define:

• Operational Category
• Applicable Regional & Municipal Rules

4 Flight Parameters & Operation Location May Create:

• Privacy Concerns

5 Operational Category Conditions:

• Applicable Rules & Regulation
• Authorization(s) Required
• Applicable Standards
• Required Pilot & Personnel Skills
• Operator Qualification
• Operational Risk
• Risk Assessment
• Risk Mitigation

6 Operational Category Influences:

• Insurance

27/02/2018

Fly respectfully consider privacy Fly safely follow flight safety rules Fly responsibly be insured

Operator and Pilot Qualification

Ulrich Hoffmann 27/02/2018

• Qualification includes an understanding of possible risks

associated to the operations

• Currently,

qualification requirements vary significantly between European countries

• EASA regulations will require operators & pilots to have

competence according to the type of operation performed

• Competence can be achieved through different layers of

training:

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Operator and Pilot Qualification

Self-study Online Classroom 27/02/2018

• Elements for basic competence are e.g.:

– Regulations – UAS categories and their operational limitations – Air law & air space (no-UA zones) – Security & Privacy – Weather & emergency procedures – Familiarisation with UA manuals – Non-reckless behaviour (good airmanship) – Etc.

• …and can be obtained through i.e. online training tool

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Operator and Pilot Qualification

UAS ‚Open‘ Subcategories A1 & A3 27/02/2018

• Certificate of Competence (CoC):

– Basic competence has to be demonstrated successfully to the competent authority through test (theoretical) – Demonstrate degree of competence in performing as remote pilot of a UA (practical) – Understand safety risks & assess ground risks – Understand how weather conditions affect UA performance

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Operator and Pilot Qualification

UAS ‚Open‘ Subcategory A2 27/02/2018

• Operators can obtain a

Light UAS Operator Certificate (LUC) in order to authorise

• perations themselves
• An application lodged with national aviation authority

involves among others:

– Description of operator’s management system – Description of organisational structure and safety management system – Names of responsible personnel & their competence

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Operator and Pilot Qualification

For „Specific“ Category 27/02/2018

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Operator and Pilot Qualification

Know how to fly System understanding Risk understanding

Qualification

27/02/2018

Fly respectfully consider privacy Fly safely follow flight safety rules Fly responsibly be insured

Privacy and Data Protection

Anna Donovan 27/02/2018

• Respect: the link between drones and privacy
• What is privacy? Expectations in context
• What is data protection?

Privacy and Data Protection

Private life Family life Home Communications Personal data  Legal requirements

Domestic and household exemption PRE-May 2018 Data Protection Directive + national laws POST- May 2018: General Data Protection Regulation

27/02/2018

Privacy and Data Protection

Privacy will help you determine where you can use your drone, where you can record and what information you can collect. . Data protection will guide you with concrete steps on how to handle any personal data you have collected (or plan to collect).

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Privacy - How to protect it?

Don’t

• Capture people in secluded or private locations.
• Target people or record them for continuous periods of time.
• Operate your drone near a religious, political, healthcare

building, etc, without safeguards.

• Operate in an invisible and unaccountable manner.

Do

• Contact, inform and ask people before capturing them
• Think of what is appropriate in each context, how private is it?

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Data Protection – Some guidance

• Who you are
• What data and why
• What you will do with the data
• Consent or another good reason

Plan & inform

• Data collected: latitude, area
• Storage time
• Unauthorised access
• Anonymise

Minimise impact

• Follow people’s wishes when

their data is concerned

Listen

27/02/2018

Fly respectfully consider privacy Fly safely follow flight safety rules Fly responsibly be insured

Insurance

Jean Fournier

Drone insurance covers two aspects:

• Damage to the drone your fly: This is a first party

insurance (also called hull insurance)

– It is up to you to purchase it or not

• Damage you could cause to third parties when you fly

your drone: This is covered by liability insurance

– EU regulation 785/2004 requests aircraft operators to purchase liability insurance; it applies to drones operators in the EU

– Model aircraft with an MTOM of less than 20 kg are exempted >> this should be construed as limited to drones flown according to Model Flying clubs or association rules

– Up to a maximum take-off mass (MTOM) of 500kg, minimum coverage of 750 000 SDR (i.e. 0.89 MEUR) for third parties

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Insurance

27/02/2018

If you are a recreational user (i.e. the drone is used only for sport and leisure activities)

• Ask your General Liability or Homeowner insurer if you are or

could be covered:

– This could be possible if you fly light aircraft (take-off mass below 25kg), within visual line of sight, away from cities and crowds and keep it below 120 m above ground – Otherwise, contact an aviation insurer either directly or via a broker

• Double check the scope of cover and the exclusions of your

insurance policy

• In case of doubt, ask your insurer, its agent or your insurance

broker

• Request a written confirmation of their answer

– Email, or better: a detailed certificate of insurance

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Insurance

27/02/2018

If you are a professional user (i.e. the drone is used for business, irrespective of whether it generates revenues or not)

• Check the category applicable to your operations

– Open: ask your General Liability insurer if you are or could be covered – Specific: contact an aviation insurer either directly or via a broker

• Be ready to share your Specific Operation Risk Assessment (SORA) or
• To indicate the standard scenario for which a declaration by the UAS operator is

sufficient, or

• To provide light UAS operator certificate (LUC) with the appropriate privileges.

– Certified: this falls within traditional aviation insurance

• Declare all your activities
• Double check the scope of cover, the restrictions (e.g. countries)

and the exclusions of your insurance policy

• Make sure that the limit of liability proposed by

the insurer is sufficient (1 million EUR might not be enough!)

Insurance

27/02/2018

If you are a professional user (i.e. the drone is used for business, irrespective of whether it generates revenues or not)

• Most operations undertaken with a degree of care similar to the
• ne applicable to manned aviation can be insured by the aviation

insurance market

• For specific operations, the challenge for drone operators is:

– To take benefit of the flexibility granted by the regulation to allow their business to grow, and simultaneously – To implement safety procedures that will yield accident records that could be compared with manned aviation (no jet accident in 2017 for 4 bn pax), e.g. – To report incidents to improve flight safety as part of the aviation safety culture

• Aviation insurers are likely to base their own risk

assessment on the “aviation culture” of the companies they are asked to insure

Insurance

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In summary, when you are done:

• Read carefully your insurance policy to make sure that

you are covered as you expect

• Ask for an insurance certificate evidencing coverage for

drone operations

• Fly responsibly

– Respect the regulations and local rules – Protect people and third party’s properties

• In case of an accident, assist victims and subsequently

inform your insurer

• Should you have a dispute with your insurer,

contact your local ombudsman

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Insurance

27/02/2018

Fly respectfully consider privacy Fly safely follow flight safety rules Fly responsibly be insured Agencia Estatal De Seguridad Aerea Spain Iñigo Herrera Millan

Agencia Estatal De Seguridad Aerea Comisión Asesora de RPAS de AESA Spain

27/02/2018

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Comisión Asesora de RPAS de AESA

27/02/2018

• 3.040 Operators of RPAS <25 kg
• Main activity: Photography & aerial video

shooting (31,8%)

• 4.380 registered aircraft
• 3.759 registered pilots

As of February 16, 2018

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Comisión Asesora de RPAS de AESA

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New law Different scenarios Decision making

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Comisión Asesora de RPAS de AESA

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EXECUTIVE COMMITEE WG SUPPORT & PROMOTION WG OPERATIONS, REGULATION & USE TECHNICAL SUBGROUPS WG TECHNOLOGY & SECURITY RPAS COMMISSION

To be updated as required to comply with needs

TECHNICAL SUBGROUPS TECHNICAL SUBGROUPS

Documents, studies and

• ther results

Instructions and tasks

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Comisión Asesora de RPAS de AESA

27/02/2018

Groups & Subgroups

Group /Subgroup Denomination

1 TECHNOLOGY & SECURITY 1.1 RPAS Systems specifications 1.2 Systems requirements 1.3 C3 & cybersecurity 2 OPERATIONS, REGULATION & USE 2.1 Authorizations & self-declarations 2.2 Operational scenarios 2.3 Pilots & Operators 2.4 ATM & UTM/U-Space 2.5 Training & medical certificates 3 SUPPORT & PROMOTION 3.1 Technological Observatory 3.2 RPAS sector economic expectations 3.3 Safety promotion 3.4 Sector data base

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Comisión Asesora de RPAS de AESA

27/02/2018 March 17 Feb 18 Jun 18 Constitution of Comisión Asesora Publication of RD 1036/2017 Dec 17 Deliverables Phase 1 Deliverables Phase 2 Dec 18 Deliverables Phase 3 DELIVERABLES

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Comisión Asesora de RPAS de AESA

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Working groups of the Comisión Asesora de AESA

Group /Subgroup Denomination

1 TECHNOLOGY & SECURITY 1.1 RPAS Systems specifications 1.2 Systems requirements 1.3 C3 & cybersecurity

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Comisión Asesora de RPAS de AESA

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Working Group 1 Technology & Security

Description of RPAS and components according to the operational scenario Making of working, maintenance and inspection manuals Safety requirements according to the operational scenario Requirements and technical specifications of the optional equipment of the aircrafts Testing requirements of the RPAS equipments to ensure the safety of the operation according to the

• perational scenario

Define safety & security requirements of basic equipment for C3 accoring the operational scenario Generate the safety & security requirements, for the basic and optional C3 equipment, to meet L, M and H levels of SORA bracket.

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Comisión Asesora de RPAS de AESA

27/02/2018

Working groups of the Comisión Asesora de AESA

Group /Subgroup Denomination

2 OPERATIONS, REGULATION & USE 2.1 Authorizations & self-declarations 2.2 Operational scenarios 2.3 Pilots & Operators 2.4 ATM & UTM/U-Space 2.5 Training & medical certificates

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Comisión Asesora de RPAS de AESA

27/02/2018

Working Group 2 Operations, regulations & use

Appendixes A1 and A2 to become an enabled operator(declarative) or obtain an authorization Coordination procedure with ENAIRE for NOTAMs Flight profiles and operation’s characteristics for experimental flights Operations manual Safety study for declarative operations AMC to credit the test flights required to prove operation’s safety Logbook and how to maintain pilot’s aptitude List of standard operational scenarios and their associated operational requisits Example for safety study within SORA bracket Content of the theory, practice and radiophonist’s courses required for pilots

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Comisión Asesora de RPAS de AESA

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Grupos de trabajo Comisión Asesora de AESA

Group /Subgroup Denomination

3 SUPPORT & PROMOTION 3.1 Technological Observatory 3.2 RPAS sector economic expectations 3.3 Safety promotion 3.4 Sector data base

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Comisión Asesora de RPAS de AESA

27/02/2018

Working Group 3 Support & Promotion

Brochure for leisure/hobby activity Brochure for professional activity FAQ section Informative note for councils and the Home Office for crowds overflights Study of economic’s development of the sector

Fly respectfully consider privacy Fly safely follow flight safety rules Fly responsibly be insured

Question and Answers

27/02/2018