Inside Unmanned Systems

JUN-JUL 2019

Inside Unmanned Systems provides actionable business intelligence to decision-makers and influencers operating within the global UAS community. Features include analysis of key technologies, policy/regulatory developments and new product design.

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73 June/July 2019  unmanned systems inside or not exclusively, for use in play by children under 14 years of age." Accordingly, any professional UAS oper- ator will have to undergo registration and display its registration number on every drone of its f leet. In case the UAS operator is a legal person, the member state where it has its principal place of business is the state of registration. Otherwise, the place of residence is decisive for determining the state of registry. A UAS operator can only be registered in one state at a time. Only drones that must be certified receive an individual registration mark in line with ICAO requirements. In relation to the safety of toys, it should be noted that the Implementing Regulation also determines a minimum age for remote pilots of 16 years, while class C0 drones that are toys according to the Directive, privately built drones of MTOM less than 250 g and drones operated under supervision of a re- mote pilot aged 16 years and above may be operated without age limit. Applying the risk-based approach, member states are further allowed to lower the age limit by up to four years in the "open" category and up to two years for the "specific category," in which case the operation of such lower-aged remote pilots is restricted to that member states' territory. This concession to greater f lexibility for member states may somewhat contravene the intended harmonization. COMMISSION DELEGATED REGULATION The Commission Delegated Regulation and its Annex are particularly relevant for manufacturers, impor ters and dis- tributors of UAS who wish to introduce them onto the EU market. It lays down the requirements for UA S design and manufactur ing. This includes confor- mity assessment with CE markings but also the detailed characteristics of the f ive classes of UAS subject to the open c ategor y which a re addressed in the Regulation's Annex. An unmanned air- craft introduced onto the EU market will have to be labelled according to its class requirements. In this respect, the Annex also provides important information for professional UAS operators and remote pilots about the drone characteristics which are an important element for de- termining the boundaries for operation and thus the subcategory subject to the Implementing Regulation. COMMERCIAL OPERATORS AND DRONE PILOTS Between the Delegated and Implementing Regulation, the latter holds the most rel- evant provisions for drone operators and remote pilots. While the class of a UAS has to be determined by the manufacturer, the relevance of the Delegated Regulation for the drone operator and remote pilot mainly lies in referencing the exact technical details and CATEGORY CURRENT STATUS AUTHORIZATION LEVEL FULFILLMENT METRICS "Open" Finalized None MTOM, operational scenarios, report pilot capacities "Specific" Pending definition of standard scenarios Declaration of standard scenarios; otherwise individual risk assessment of operation submitted to competent local authority; possible one-time "light UAS operator" certificate BVLOS scenarios pending; national standard scenarios may fill in "Certified" Pending Expected to apply to heavyweight operations, typically in high-risk scenarios Certification of both UAS and operator; where applicable, licensing of remote pilot NEW EU-REGULATION DRONE AUTHORIZATION CATEGORIES "OPEN," "SPECIFIC" AND "CERTIFIED" CATEGORIES WILL DEFINE UAS OPERATIONS, DEPENDING ON OPERATIONAL RISK. "UAS operator" means any legal or natu- ral person operating or intending to operate one or more UAS; "Remote pilot" means a natural person responsible for safely conducting the f light of a UA by operating its f light controls, either manually or when the UA f lies au- tomatically, by monitoring its course and remaining able to intervene and change its course at any time. Ac c ord i ng t o re c it a l (20) of t he Implementing Regulation, "UAS operators and remote pilots should ensure that they are adequately informed about applicable Union and national rules relating to the in- tended operations, in particular with regard to safety, privacy, data protection, liability, insurance, security and environmental pro- tection." Accordingly, it is not sufficient to be aware of the requirements subject to air law and UAS regulations. Both the UAS opera- tor and the individual remote pilot on a case by case basis need to be aware of all legal im- plications of the operation. With reference to privacy and data protection, the aware- ness even has to expand to the purpose of the operation and the (later) processing of the data as already intended. In principle, establishing the organizational set-up and the adequate procedures and limitations for the type of operation and risk involved is allocated to the UAS operator, whereas the remote pilot is responsible for ensuring compliance when starting a specific UAS operation. Coming next issue: Operations, licens- ing and continued harmonization. characteristics of a drone class used in opera- tions when determining operational require- ments. Although definitions of key terms are spread out the various Regulations, and their coherence is preserved: "UA" means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board; "UAS" means an unmanned aircraft and the equipment to control it remotely;

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