[Peetwo]

DW1 update: 15/12/17

First from Mondaq News:

Australia: Drones: An Unsolvable Regulatory Problem?
Last Updated: 13 December 2017
Article by Maurice Thompson, James M Cooper and Jess Harman
Clyde & Co

Australia's aviation safety regulator, the Civil Aviation Safety Authority (CASA), is currently reviewing the regulations concerning the safe operation of drones. However, with the rapid development of drone technology and the increasing accessibility of drones to the general public, is it realistic to expect that regulations will be able to keep up with drones?

As of July 2017, it is estimated that there are at least 50,000 Remotely Piloted Aircraft (RPA, commonly referred to as 'drones') being operated in Australia, mainly for recreational and sport purposes. The regulation of ever-increasing RPA-related activities is proving to be a challenge for national aviation safety authorities around the world. Dr Jonathan Aleck, the Head of Legal Affairs at CASA, recently stated that the speed of technological developments in the RPA industry posed a potentially unsolvable regulatory problem. Speaking at the IBA Annual Conference held in Sydney in early October this year, Mr Aleck stated, "the moment you put your finger on the technology, it has changed and advanced ... Every jurisdiction has a roadmap and a plan. Everyone is looking at this and struggling."1

State of play in Australia
Last year we wrote about the updated RPA regulations introduced by CASA in September 2016 (CASR Part 101), which, among other things, relaxed licensing and training requirements for recreational users of RPA and some commercial operators.
Within two weeks of the commencement of the new CASR Part 101, the Australian Government, seemingly prompted by industry pressure, announced a substantive review of the aviation safety regulation of RPA to be overseen by CASA. Separately, a Senate Inquiry was also launched to review the use and safety implications of RPA in Australia.[2]

CASA Discussion Paper
As part of CASA's ongoing review, it has released a 'Discussion Paper' to invite public response regarding the issues and concerns that have been raised following the 2016 amendments to CASR Part 101. The discussion paper focuses on several approaches that CASA could adopt to manage RPA-related activities:

1. Registration of RPA
All aircraft in Australia are required to be formally registered with CASA and display their registration number on the aircraft itself. However, under the current CASR Part 101, there are no registration requirements for drones that fall within the category of 'excluded RPA', which includes drones:

• used for recreational purposes weighing less than 150kg (which accounts for the vast majority of drones in Australian skies);
  
• used for commercial purposes weighing less than 2kg; and
  
• operated by private landowners on their own property weighing less than 150kg.
  

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A mandatory drone registration scheme could act as an effective means to deter unsafe or unlawful operation of RPA and to identify those who offend the Regulations. Contact details provided by registered operators could also be used by CASA to convey important safety information and advisory material regarding the safe use of RPA. On the other hand, there is no significant evidence in support of registration requirements acting as an effective deterrent against unsafe operations, and such requirements may simply add a layer of 'red tape' that only serves to stunt growth in the industry. Any attempt to police registration could itself prove difficult given the use of many RPA in remote areas in connection with agricultural and maritime usage.

2. Geo-fencing

Geo-fencing is technology that creates a virtual boundary to keep RPA from entering restricted airspace. Geo-fencing could be used to contain RPA within a particular area, or to exclude RPA from sensitive areas, such as in the airspace of airports, to prevent RPA interference with other aircraft activity.

Geo-fencing also raises numerous interesting problems of its own, for example:
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• what happens to a RPA once it approaches or reaches a geo-fencing area? Does it fall to the ground? Return to its owner? Is it diverted in some other direction or to another location?
  
• will geo-fencing systems also impact other low flying aircraft (i.e. piloted aircraft, not RPA) in the surrounding area?
  
• geo-fencing software can be installed in the RPA itself, however, the cost implications of including the software in all RPA could be prohibitive to some manufacturers or users.
  

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Although advances in technology show promise that geo-fencing will be an integral tool to the management of RPA in the future, CASA has stated that at this time, the geo-fencing technology available does not meet the requisite levels of technical reliability.

3. Mandatory training for RPA operators
Under CASR Part 101, there are no training or education requirements for 'excluded RPA' (subject to some additional pilot licensing requirements for certain drones operated by private landowners on their own property). This contrasts with the position for commercial drone operations currently adopted in other major jurisdictions such as the US. The UK government also recently announced that it is considering the introduction of basic training for anyone operating a drone that weighs more than 250g.

All RPA operators are required to comply with the safety requirements set out in CASR Part 101, notably the 'standard RPA operating conditions'. However, there are concerns that some amateur users are either unaware or unwilling to comply with these requirements. In the absence of mandatory training, RPA users are not required to learn or demonstrate any level of practical proficiency in the safe operation of RPA before they may lawfully operate their RPA.

International approach
As part of its review, CASA is considering the approach of other national authorities and international organisations. Recently, the International Civil Aviation Organisation (ICAO) proposed to introduce a single, global database requiring the registration of all RPA. ICAO has also discussed a common global framework for traffic management systems for RPA, including communications systems for control and tracking of RPA and geo-fencing to prevent operation of RPA in sensitive security, restricted or dangerous areas. Regulations on a global scale are likely to influence the Australian approach to RPA regulation going forward.

Separate reports regarding both the findings of CASA's Discussion Paper and Senate Committee are expected to be released soon. We will keep you updated with the results of the reviews at the time of their release and their likely impact on the local market.

Footnotes
1 As reported by T Madge-Wyld in the article 'Australian safety regulator safes drones "cannot be managed"', Getting the Deal Through, 12 October 2017 < https://gettingthedealthrough.com/article/5798/australian-safety-regulator-says-drones-cannot-managed?utm_source=Law%20Business%20Research&utm_medium=email&utm_campaign=8772624_GTDT%20Aviation%20Law%20News%2012%2F10%2F2017&utm_content=headline_2&dm_i=1KSF,58100,OWF3UX,K3NV3,1
2 An inquiry is being conducted by the Senate Standing Committee on Rural and Regional Affairs and Transport (RRAT) into Regulatory Requirements that Impact on the Safe Use of Remotely Piloted Aircraft Systems, Unmanned Aerial Systems and Associated Systems: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Rural_and_Regional_Affairs_and_Transport
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.[/size]

Next via the Ballarat's Courier:

Drone ban: Ballarat City Council changes laws

• Jeremy Venosta
  

Shocked drone operators have vowed to fight a ban on flying remotely piloted planes they say has put them out of business overnight.

Ballarat City Council voted 7-2 on Wednesday night in favour new local laws, including a requirement for permits to fly drones on municipal land or roads.

It will affect commercial operators as well as private flyers, including children gifted drones for Christmas.

Some operators said they would ignore the law then challenge any fine in court.

Commercial drone pilot Luke Parker has been leading the push against the change.
Mr Parker said council had shut down his and other drone businesses with their regulations.

“You can’t restrict the media on the ground taking photos, but they are trying to restrict whatever they can,” he said.

“It seems like they can pass this law and pretty much shut down the whole industry.”

There are about 12 commercial drone operators in Ballarat. Mr Parker has been previously contracted by The Courier and council.

Industry experts also hit out at claims new laws were needed to regulate drones, because CASA laws already placed heavy restrictions on their use.

Drone operator Philip Rowse said it was a shock to hear about the council decision.
Mr Rowse helped the Civil Aviation Safety Authority introduce its drone regulations. The Ballarat man also manufactures auto-pilot systems, which are used in drones across the world.

Mr Rowse said he wanted to know council’s motivation for the new laws.

“It reeks of someone thinking it was a good idea to stay ahead of this issue, but there has been a lot of fear mongering,” he said.

“I am shocked this law even exists.”


Mr Rowse said although council could ban people launching drones from public land, it did not have the jurisdiction to police airspace.

CASA regulations ban drones from flying within 30 metres of people.

This law also makes it illegal for many drone pilots to take-off or land in their own backyard, unless they live on large, rural properties.

Council’s new law has created an even larger buffer zone of 100 metres, well above the CASA’s regulation.

Cr Ben Taylor said the new laws would be reviewed and the industry’s thoughts taken into account.

“There is an opportunity so we can review that with them and come up with fair and reasonable approach,” he said. “We have to get a balance and we have to get it right – I agree we haven’t done that. We have to sit down and work it out.”

Mr Rowse said CASA rules did enough to keep drones in check.

“A lot of the perceived risks were used in the justification of this,” he said.

“But there have been zero deaths in Australia due to drones, there has been no collision with a plane.”

Enthusiasts left without options

Amateur drone enthusiasts have been left out in the cold by a Ballarat City Council decision to require permits to fly on municipal land.

It was not clear on Thursday exactly how council could seek to police airspace, usually the jurisdiction of the Civil Aviation Safety Authority.

However even amateur drone pilots who have basic accreditation for flying from CASA will have to request council permission every time they take off.

It leaves the amateur pilots with very few options to pursue their hobby.

State government legislation bans the use of drones in state parks because of the fire risk created in the event a drone malfunctions and crashes.

It is also illegal for most hobbyists to fly the drones in their own backyard if they are within 30 metres of another home.

This left public parks and gardens as the only spaces left available to them, however now that option has also been removed.

Ballarat City mayor Samantha McIntosh said council was acting on community concerns regarding drone safety.

“We certainly have had reports of people being bothered (by drones),” she said.

“We do need to protect our reserves and people’s ability to relax and enjoy and feel safe in those areas.

“There is plenty of opportunity for us to look at further details and contemplate other options going forward.”

Cr McIntosh did not answer questions about whether there should be allocated zones in parks for people to fly their drones, without having to request a permit from council.

Philip Rowse with his drone. Mr Rowse sells auto-pilot systems in Australia and overseas.

She said council was not concerned about the impact on drone operators, but instead focused on the need to ensure the community felt safe.

“We know there is an uptake in the use of drones and we need to make sure we are providing appropriate protection,” she said.

“We put local law out for people to consider it and it has been out there and come back to the council chamber for a vote.”

Cr Mark Harris said on Thursday council was attempting to control something that has the “potential to be uncontrolled and dangerous”.

“We need to have the mechanism to say to an operator operating the drone to the detriment of others, that is enough,” he said.

However this was contested by drone operators Luke Parker and Philip Rowse.

The Australian Association for Unmanned Systems, the peak advocacy group drones, also plans to contact council to discuss the rules.

Ballarat City was the second municipality to introduce anti-drone laws, following a decision by Casey City Council to introduce similar laws earlier this week.

....“But there have been zero deaths in Australia due to drones, there has been no collision with a plane.”....

Thanks very much for that ignorant statement Mr Rowse but that's the way we would like to keep it -

Next from the West Oz:

No drones near Qld hospitals: minister
Thursday, 14 December 2017 3:33AM
Drone pilots caught flying their craft near Queensland hospitals could be fined up to $10,000.

Drone pilots caught flying aircraft near Queensland hospitals could be fined up to $10,000 and may delay helicopters trying to rush critically injured people to treatment.

Queensland Health has launched a campaign to remind people that no drones can be flown within five kilometres of hospitals as many are expected to be given as gifts this Christmas, health minister Steven Miles said.

"Christmas is a really busy time for our hospitals," he said.

"We'll often have up to 500 patients arrive by helicopter over the holiday season and ensuring the pilots can get them to the critical care they need swiftly and safely is vital."

The Civil Aviation Safety Authority says drones also can't be flown higher than 120m, within 30m of people, and must always be in the pilot's line of sight.

"Follow the rules and have fun, but remember it is the responsibility of everyone flying a drone to stick to the safety rules at all times," CASA's Peter Gibson said.

Finally from the Trumpasphere...

Trump signs bill reinstating required drone registration
The FAA rules had been struck down by an appeals court earlier this year.

• by
• Steven Musil
  

December 12, 2017 6:03 PM PST

Drone operators will once again be required to register their aircraft with the federal government under a sweeping defense policy bill signed into law Tuesday.

The requirement that recreational drone operators register their unmanned aerial vehicles with the Federal Aviation Administration was included in the 2018 National Defense Authorization Act, which President Donald Trump signed Tuesday. The provision reinstates a 2015 drone registration process voided by court order earlier this year.

Drones, which are typically camera-equipped quadcopters, have become a new consumer and business phenomenon for those interested in remote-controlled vehicles, aerial photography and even aerial racing. As the aircraft have grown in popularity over the last several years, though, drones have become a concern for the government agency responsible for regulating the nation's airspace.

The FAA's drone registration system took flight two years ago, requiring hobbyists to pay $5 apiece to register drones weighing between 0.55 pounds and 55 pounds, or face potential criminal charges. Meanwhile, drone sales continue to climb, more than doubling in the past year.

But the agency's registration process ran in to turbulence in May when the US Court of Appeals said the registration rule violated the FAA Modernization and Reform Act (PDF), which states the FAA "may not promulgate any rule or regulation regarding a model aircraft."

The FAA applauded the return of the rules.
"We welcome the reinstatement of registration rules for all small unmanned aircraft," the FAA said in a statement to TechCrunch. "Ownership identification helps promote safe and responsible drone operation and is a key component to full integration."

The registry is to be reinstated when the act is enacted, according to the text of the bill.

MTF...P2