Tag Archive | legislation

Does the Small UAV industry need its own coalition?

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Although only five months young, dronologista blog has grown and needs a new attire.

As of 1st of September, dronologista.com moves to a new hosting, new address and slightly changes the appearance . Content will remain the same, and dronologista will continue to provide information about non-military drones only.

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Original story by Hallie Siegel @Robohub

Last week USA Today reported that Amazon, 3D Robotics, Parrot and DJI had banded together to form a “Small UAV Coalition”, hiring DC-based lobbying firm Akin Gump to represent their interests before US regulators and ease the way for the commercial drone industry in that country. Akin Gump lobbyist Michael Drobac says that, since the USA Today report was first published, Airware and GoPro have joined the fold and others in the small UAV business will soon be following suit. But does the small UAV industry need its own lobbying effort, and how will the inclusion of retail giant Amazon impact its ability to represent the broader group?

In addition to contending with the FAA, the group must also gain traction with the Federal Communications Commission (FCC), which manages the communication frequencies that drones would use, and the White House Office of Science and Technology Policy, which will be ruling on privacy issues. With multiple government bodies to lobby, Drobac believes it makes sense to work together in a concerted effort.

According to Drobac, there was already an appetite for a coalition among those in the small UAV business, whose needs differed somewhat from the larger UAV firms with aerospace and defence contracts. “The coalition members are all extremely consumer-focused,” he said, pointing out that the first priority of the group will be to lobby for clear safety and privacy guidelines, both of which are key concerns for consumers. The coalition has already filed several petitions for exemption with the FAA, and hopes to influence and educate policymakers and consumers about the commercial opportunities of small UAVs.

Small UAV Coalition

Patrick Egan from sUAS News thinks this consumer focus makes the coalition’s lobbying needs distinctly different from the needs of the UAV “old guard” of Department of Defence (DoD) vendors. “Previous lobbying efforts have been working to regulate 10-year-old aviation technology,” he says, pointing out that, by contrast, members of the Small UAV Coalition want to invest in new technology and new applications that haven’t even been discovered yet, and for that they will need extremely broad and inclusive regulatory definitions.

It therefor matters that they have their own representation. “If you’ve successfully lobbied to have the standards built around your product or business needs, you will have an edge,” says Egan, pointing out that while current regulations tend to focus on the fixed wing products common to DoD vendors, the regulations don’t even consider the multirotor devices that are common to the small UAV industry right now.

Image is another factor that may be drawing the coalition together. “A lot of small UAV companies have avoided aligning themselves with DoD vendors because of their military focus,” says Egan. “They just don’t need the controversy.”

Amazon retained council from Akin Gump when it filed its petition for exemption with the FAA this past July to begin tests with drones that weigh less than 55 pounds and fly below 400 feet. In its letter to the FAA, Amazon said that so far it has only been able to test its drones inside its Seattle R&D lab or in other countries, but would “prefer to keep the focus, jobs, and investment of this important research and development initiative in the United States by conducting private research and development operations outdoors near Seattle – where our next generation R&D lab and distinguished team of engineers, scientists and aeronautical professionals are located.”

Earlier this week, the Economic Times rumored that Amazon will begin testing drone delivery in India. If true, Amazon is pulling all punches. The threat of losing talent, R&D and investment to other countries is one of the key arguments of commercial drone advocates in the US. Andra Keay of Silicon Valley Robotics says, “Going to India sends a strong message to the FAA, and it makes so much sense. India is well-known for the high calibre of their roboticists, engineers and developers. And yet parts of the country still have very rudimentary infrastructure, which actually makes it easier to do disruptive innovation there. It’s harder to patch existing legacy building and transport technologies than it is to start afresh.”

Drobac says that allowing private testing facilities is key to keeping UAV innovation in the US: “Sure the FAA has some test sites, but it’s much more pragmatic to have testing near to where your headquarters are.”

For companies that are pushing innovation in this space, distance is not the only issue with testing facilities. New technologies such as sense-and-avoid will need to be peer-reviewed to meet (as-yet unspecified) safety regulations, and private companies like Amazon don’t want to go to public testing facilities. Says Egan: “Even though they might need an independent 3rd party to review their safety record, they still want to keep their proprietary data safe. We don’t know how safe that data is at a public site.”

The high cost of using the FAA testing sites (according to Egan, $5-10K per day) presents another obstacle. ”I’m not sure that the FAA took into account how prohibitive these costs could be to a small company that is just getting off the ground,” said Egan. “This is really a hold-over from the days when most UAV operators were Department of Defence vendors.”

According to the US Center for Responsive Politics, a non-partisan organization that tracks lobbying expenditures in the US, Amazon has significantly increased its lobbying expenditures in recent years (see chart). In the USA Today article, Chris Anderson from 3D Robotics was quoted as saying that Amazon’s interest “lets people realize how big it can be … They have a well-established presence in Washington and they were able to kick-start the mechanics of this coalition so we could quickly join and get moving.”

Source: Center for Responsive Politics. Note that 2014 expenditures represent only year-to-date until Aug 2014. Amazon has spent 40K on lobbying efforts for PrimeAir at the time of publication.

Source: Center for Responsive Politics. Note that 2014 expenditures represent only year-to-date until Aug 2014. Amazon has spent 40K on lobbying efforts for PrimeAir at the time of publication.

Egan agrees that the influence of a big player is critical to the future success of the coalition, saying that “Amazon has a lot of horsepower and the White House has now renewed its interest in the issue,” however he points out that in the longer term it could be difficult for companies with such different applications and financial resources to keep their interests aligned.

Drobac could not comment on the price of entry for joining the coalition, and would not speculate on how much money would have to be spent to smooth the way for the small UAV industry in the US. “It’s not about how much money will be required to change lawmakers’ minds, ” he said. “The question will come down to whether we can educate people about the tremendous benefits of UAVs to society, and we’re confident that we will because technology always wins.”

So far in 2014, Amazon has spent $40K on lobbying for Prime Air – a number that is likely to increase now that the coalition is official.

Whatever future challenges may exist between coalition members, Drobac insists that their focus will be on their common objective of opening up US airspace to small commercial UAVs: “If we can crack that door open, all boats will rise.”

“I just hope they don’t get frustrated at the pace the FAA operates at,” says Egan, who has been advocating for commercial UAVs for over ten years. “The movement towards the integration of US airspace has been slower than glacial.”

Amazon Prime Air in India

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Although only five months young, dronologista blog has grown and needs a new attire.

As of 1st of September, dronologista.com moves to a new hosting, new address and slightly changes the appearance . Content will remain the same, and dronologista will continue to provide information about non-military drones only.

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After much of speculation about how, when and most of all, where will Amazon.com launch its drone delivery service, the answer seems to be here. Thanks to the rigidness of the FAA and negative public perception in US, drone delivery service will be launched and tested in India. According to The Economic Times, the US-based e-commerce giant will debut the drone delivery in Indian megalopolises of Mumbai and Bangalore, where it already has warehouses.

Despite of the effort  invested in gaining the permission to test fly delivery UAV, and despite the pressure put on the FAA by the coalition consisting of prominent UAV manufacturers (DJI Innovations, Parrot, 3D Robotics and Amazon.com), trials in the US is still prohibited, and will stay prohibited for quite some time. That is why Amazon.com decided to move its drone operations abroad, as announced in the shareholder letter earlier this year.

The company claims to have developed very advanced delivery UAV. Rapid development of the Amazon drones was facilitated by intense indoor testing, including test flights in their research lab in Seattle. Among features tested are agility, flight duration and redundancy. Most importantly, the company claims to have developed sense-and-avoid hardware and software that will allow its drones to automatically avoid collisions. In order to progress further with development, outdoor testing, in more realistic conditions is necessary.

India, on the other hand already had some experience with drone delivery. In May this year, Francesko’s Pizzeria from Mumbai, delivered pizza using a UAV. This however was met with a request for explanation by local police, since: “An unmanned vehicle cannot be used in Mumbai without seeking the requisite security clearance. This includes aerial vehicles. The outlet never approached us for any permission. We learnt about it through the media and have demanded an explanation”, as Additional Commissioner of Police, Madhukar Pandey told The Hindu.

However, it seems that the security clearance to use a UAV for a commercial purpose is easier to get in India than in US, despite the notorious red-tapism of Indian officials.

Dronologista will be following this interesting soap-opera like topic closely.

Additional information can be found at sUAS News and The Economic Times.

Videos courtesy of Amazon.com and Francesko’s Pizzeria.

 

Amazon asks FAA for permission to test delivery drones

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Although only five months young, dronologista blog has grown and needs a new attire.

As of 1st of September, dronologista.com moves to a new hosting, new address and slightly changes the appearance . Content will remain the same, and dronologista will continue to provide information about non-military drones only.

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In April this year, Amazon.com issued a shareholder letter that stated: “The Prime Air team is already flight testing our 5th and 6th generation aerial vehicles…″. Three months fast forward, first half of July, the company is on its 9th generation of drones, that can fly up to 50 mph (~80 km/h) and carry up to 5 pounds (~2kg) of payload, which is enough for 86% of the sold products.

Rapid development of the Amazon drones was facilitated by intense indoor testing, including test flights in their research lab in Seattle. Among features tested are agility, flight duration and redundancy. Most importantly, the company claims to have developed sense-and-avoid hardware and software that will allow its drones to automatically avoid collisions.

In order to progress further with development, outdoor testing, in more realistic conditions is necessary. That is why Amazon.com asked to be exempted from the lengthy and complex approval process, citing innovation as a driving factor, since the Congress gave the FAA power to grant innovators “expedited operational authorization”.

If the exemption is granted, that would allow the company to test Prime Air drones in its own backyard, “with additional safeguards that go far beyond those that of FAA”. One of the safeguards is the Geo-fencing, a technology that defines geographical boundaries within which drone flight can be confined and beyond which the drone gets automatically deactivated. That technology is already available and used on many commercial drones, DJI Phantom being one of the first, which was already posted at dronologista earlier this year. Exemption would also allow Amazon.com to test drones outside of six testing sites where FAA allows unmanned aerial vehicles to be used, in order to assess their safety, communication, air traffic control etc.

If exemption is not granted, however, it is quite obvious what will happen: the company will simply move its drone operations abroad. Canada is already very hospitable to commercial drone operators.

Full text of the Amazon Petition for Exemption can be found here.

Very detailed articles about the topic can be found at Forbes and Cnet.

Videos courtesy of Amazon and DJI Innovations

 

 

Drones get legal support

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Although only five months young, dronologista blog has grown and needs a new attire.

As of 1st of September, dronologista.com moves to a new hosting, new address and slightly changes the appearance . Content will remain the same, and dronologista will continue to provide information about non-military drones only.

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It is no news that the technology used in unmanned aircraft systems is rapidly evolving. Unfortunately, it seems that lawmakers are not that quick to follow, and their response to this phenomenon is not constructive, to put it mildly. More often than not, commercial drone operators were helpless when facing prosecution.

That is about to change. Husch Blackwell, a litigation and business law firm with offices in US and United Kingdom, has introduced its unmanned aerial systems (UAS) group, which will assist commercial business users and manufacturers in navigating the requirements for UAS and unmanned aerial vehicles (UAVs).

The multi-disciplinary team, led by Tom Gemmel a former fighter pilot, consists of attorneys with a broad range of regulatory, technical and hands-on experience and specialize in the practices that matter most in this growing industry. One of the team members is a military intelligence officer who has experience with UAS information collection and analysis as well as development of UAS intelligence products.

This smart move will most probably establish Husch Blackwell as the top legal provider for drone operators at odds with authorities. Knowing how FAA randomly prosecutes “offenders”, this law firm will get a lot of new clients quickly.

Among them will most certainly not be the Archdiocese of Washington D.C, since their drones are not affected by earthly laws.

 

FAA to Consider Exemptions for Commercial UAS Movie and TV Production

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As of 1st of September, dronologista.com moves to a new hosting, new address and slightly changes the appearance . Content will remain the same, and dronologista will continue to provide information about non-military drones only.

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On 2nd of June, FAA issued a press release considering a petition submitted by the Motion Picture Association of America. Seven aerial photo and video production companies, the MPAA, are asking the agency to grant exemptions from regulations that address general flight rules, pilot certificate requirements, manuals, maintenance and equipment mandates. They are also asking for relief from airworthiness certification requirements as allowed under Section 333. Under that section of the law, certain airworthiness requirements can be waived to let specific UAS fly safely in narrowly defined, controlled, low-risk situations.

In order to have the exemption granted, the companies must prove that their plan would benefit the public good, and that it would not create unsafe conditions. If the FAA approves those exemptions, it will still need to approve individual operations.

The fun part of the story is that rules for which MPAA asks to be exempted actually don’t exist yet.

Anyhow, if the FAA approves the exemption, it will be a step in the right direction.

Full press release is available on FAA web page.

Interesting articles about this petition you can find in The Verge and in The Guardian.

 

 

Holy Drone

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Although only five months young, dronologista blog has grown and needs a new attire.

As of 1st of September, dronologista.com moves to a new hosting, new address and slightly changes the appearance . Content will remain the same, and dronologista will continue to provide information about non-military drones only.

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The moment you realize that one of the most traditional institutions in the world, the Catholic Church, is using drones and Youtube to promote its work, is the moment when you realize that today we all are living in a friggin’ future. Yes, I’m talking about the same Catholic Church that acknowledged that Earth is circling around the Sun (not other way around)  some 20 years ago.  Moreover, it is the Archdioceses of Washington D.C, located, well, in Washington D.C, US of A.

As a part of the ritual marking the canonization of Pope John Paul II (now called St. John Paul II), the Archdioceses mixed drone-captured aerial videos with some dramatic classical music and scenes from earlier indoor Mass, as seen in the video below. (fun starts at 00:30, skip the rest)

Priced at under $1,000, the saucer-shaped, camera-laden drone will enable the Archdiocese to film events from a new perspective. It is not clear if the drone has a cross-like cross-section of a quadcopter or if it is maybe a hexacopter, but it surely brought much needed attention to Archdiocese Youtube channel. Namely, that video alone has more views that ten other most viewed vids together.

However, that is not the most interesting aspect of the story. Washington D.C. area is a declared no fly zone for drones, and according to the FAA, no one is allowed to fly within Washington DC’s Flight Restricted Zone. Obviously the flight of the blessed drone over the part of the city, was in the hands of the higher authority, so FAA just decided to turn a blind eye. No one will be fined, and the FAA will continue to randomly penalize other UAV users. Which is actually bringing dronologista to a conclusion that, if you are a religious group and you are using drones, you will not be bothered by authorities.

If that is the case maybe it is a time to start a drone religion.

Interesting article about the case you can find at Motherboard.

Airliner almost collided with the drone or how to prevent midair collision

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Although only five months young, dronologista blog has grown and needs a new attire.

As of 1st of September, dronologista.com moves to a new hosting, new address and slightly changes the appearance . Content will remain the same, and dronologista will continue to provide information about non-military drones only.

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The first part of the title refers to the incident that happened on 22nd of March, that hit the headlines last week.

American Airlines Group Bombardier CRJ 200, almost collided with a remote controlled aircraft near the Tallahassee Regional Airport. Pilot reported that he saw the drone so close to the aircraft, that he was sure he collided with it. Fortunately he didn’t, as the subsequent inspection of the passenger jet didn’t find any damage or sign of contact with a foreign object. The “drone” was a fixed wing model of a F-4 fighter aircraft, so it is suspected that it was piloted by a hobbyist, not a commercial drone operator. FAA investigated the case, but couldn’t identify the pilot of the UAV.

This puts the FAA in an awkward situation of explaining why commercial UAV use is illegal, and use of UAV by hobbyist isn’t. Any justification based on safety of the air traffic is pointless, since it can be compromised regardless of the classification of UAV users. Hopefully, the FAA will take the point and equalize, from the legal point of view, hobbyist and commercial drone operators. Dronologista hopes that equalizing won’t mean making all UAV use illegal.

An interesting update of this story can be found on Drone Girls great blog

Now to the second part of the title: how to prevent midair collision between drones and airliners. Couple of months ago, DJI introduced a new model, the Phantom Vision + featuring a unique solution to increase flight safety and prevent accidental flights into restricted areas. Firmware  for the new DJI product line includes No Fly Zones around airports worldwide (Tallahasee Regional Airport is not among them; maybe a software patch would be welcome). How it works, you can see in this video:

If the lawmakers are slow to figure out what can be done to ensure safe operation of UAS, they should apply efficient solutions, such as one DJI uses. Best practice will always be the best, until better appears.

 

How to insure UAS business?

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Although only five months young, dronologista blog has grown and needs a new attire.

As of 1st of September, dronologista.com moves to a new hosting, new address and slightly changes the appearance . Content will remain the same, and dronologista will continue to provide information about non-military drones only.

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With new technology comes new risk. Public fear and skepticism towards UAS has been significant right from the start. However, such systems are being further developed, and are helping humans to accomplish numerous dull, dirty and dangerous tasks. But for general public acceptance, it is necessary to achieve adequate safety standards to mitigate new risks.

AUTONOMOUS VEHICLES: RISKS AND OPPORTUNITIES IN INSURANCE

AUTONOMOUS VEHICLES: RISKS AND OPPORTUNITIES IN INSURANCE. Courtesy of Lloyd’s

Insurance companies can play a vital role here. Their expertise in risk management can facilitate adoption of unmanned technology and development of related safety standards. And unlike lawmakers, they were not caught off guard by the emergence of commercial UAS/UAV. Where regulation and safety standards are yet to be developed, insurers can encourage prudent progress by making their own risk assessments and providing policies for responsible operators, the report says. For example, underwriters at Lloyd’s wrote one of the first motor insurance policies in 1904 and the first aviation cover in 1911, long before today’s liability regimes were put in place. Some of the Lloyd’s underwriters, e.g. Kiln Group Limited are already insuring UAS. Risks being insured include hull loss and third party liability.

Insurance is an important part of any enterprise, and companies that are offering UAS services are not exception. Understanding risks and having a proper mitigation, could be the key component that will make the difference between successful and unsuccessful UAS operators.

Lloyd’s has published recently an excellent report on this topic that you can find here.

Do you know other insurers that are offering products for UAS operators?

Spain bans drones

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Although only five months young, dronologista blog has grown and needs a new attire.

As of 1st of September, dronologista.com moves to a new hosting, new address and slightly changes the appearance . Content will remain the same, and dronologista will continue to provide information about non-military drones only.

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On Monday, 7th of April, Spain’s State Agency for Aerial Safety (AESA), has banned commercial use of unmanned aerial vehicles across the whole country.

photo credit: Matt From London via photopin cc

photo credit: Matt From London via photopin cc

AESA issued a document “with the aim of avoiding misunderstandings and possible incidents”that states: “The use of aircraft piloted by remote control with commercial or professional ends is not permitted, and never has been…”

Tasks that are mentioned in the document (aerial filming, surveillance, fire extinction etc.) require authorisation by AESA. But here is the catch-22: AESA cannot issue said authorizations because there is no legal basis to do so.

The decision directly undermines projects such is Atlas Experimental Flight Centre dedicated exclusively for experimental flights with unmanned aerial vehicles.

How long it will take for Spain’s authorities to develop new regulation for drones and their commercial uses, remains to be seen.

Legal Framework part 2

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Although only five months young, dronologista blog has grown and needs a new attire.

As of 1st of September, dronologista.com moves to a new hosting, new address and slightly changes the appearance . Content will remain the same, and dronologista will continue to provide information about non-military drones only.

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Legal Framework part 2

United Kingdom

Civil Aviation Authority has published Information and guidance associated with the operation of Unmanned Aircraft Systems (UAS) and Unmanned Aerial Vehicles (UAV), stipulating that Operators of Small Unmanned Aircraft are required, to obtain permission from the CAA before commencing a flight in certain circumstances; these circumstances cover:

  • flights for aerial work purposes; and

  • flights within a congested area, or in proximity to people or property, by Small Unmanned Aircraft equipped for any form of surveillance or data acquisition.

Term ‘Small Unmanned Aircraft’ is used to describe unmanned aircraft with the mass 20kg or less. This type is exempt from the majority of the regulations that are normally applicable to manned aircraft e.g there is no airworthiness approval or registration requirements. However, Operating permission and pilot license are required and are considered on a case-by-case basis during application for an operating permission.

Further information can be found on UK CAA official web page.

Germany

Federal Ministry of Traffic and Digital Infrastructure (Bundesministerium für Verkehr und digitale Infrastruktur – BVMI has published on 1st of January 2014. a document called ‘Brief information about the use of Unmanned Aerial Systems’ (Kurzinformation über die Nutzung von unbemannten Luftfahrtsystemen) that states that the use of unmanned aerial systems is subject of authorization. Furthermore, the use of Unmanned Aerial Systems out of sight of the controller or with a mass exceeding 25 kg prohibited.

License for the commercial use of drones is issued on case-by-case basis, and is issued by aviation authorities of federal states. Aviation authorities are establishing if the intended use of unmanned aerial system is safe, an then the license is issued.

Also, this license can be issued for single task (Einzelerlaubnis – Single Permission) or general (Allgemeinerlaubnis – General Permission) that can be valid for up to 2 years.

Further information can be found on official BVMI web page.

Czech Republic

One of the first countries in Europe that has issued an official document that is tackling Unmanned Aerial Systems is Czech Republic.

On 21st of January 2013. a document called ‘Guidance procedures for issuing of permits to fly an unmanned aircraft’ (Směrnice postupy pro vydání povolení k létání letadla bez pilota) has been published, stating that pilots of UAS with the maximum take-off weight of more than 20 kg must be registered. Pilot registration requirements are theoretical (knowledge of applicable laws and regulations, flight physics etc) and practical (pilots are subjected to supervised check-out flight to prove their abilities). Also, pilots of UAS between 7kg and 20kg, can also be subjected to supervised check-out flight.

UAS are covered in this document as well, and the maximum take-off weight is more than 20kg, it is necessary to apply for register the UAS by Civil Aviation Authority of Czech Republic.

Further information can be found on official Civil Authority of Czech Republic web page.

Other countries

Beside UK, Germany and Czech Republic, other countries have published their document covering commercial use of drones. Links of corresponding authorities responsible for this topic are listed below:

France

Italy 

The Nederlands 

Now that the basics are covered, only if something changes from legal point of view will be published here. From now on, more interesting topics will be covered, starting with the next post.