Making sense of drone regulations

Authorities demand regulation for and supervision of the increasing use of drones, because of privacy, safety and security issues. Drone operators must be aware of this. 

While unmanned aerial vehicles (UAV) – also known as drones – are indisputably useful for civilians, the technology has an increasing public relations problem. For example, UK pilots were calling for research into what would happen if a UAV hit an airliner, after 23 near-misses around UK airports in six months during 2015. In Japan, UAVs equipped with a net have been developed to capture rogue UAVs that might threaten disruptions along flight paths. And the Dutch police are experimenting with trained eagles to take unwanted UAVs out of the sky.

Some people are wary of drones due to the technology's association with lethal military technology. Others have seen recent news reports describing the reckless and indiscreet use of UAVs by civilians, from paparazzi drones to unauthorized UAVs flights over tourist hot-spots. These incidents have made governments and citizens around the world raise serious concerns about leaving the technology unregulated.

Image: Walter Volkmann

PhotoThe debate about UAV regulation also concerns developing countries. Some nations, like South Africa, have already implemented regulations on the use of the technology by civilians, while others, like Kenya, have banned the use of UAVs without explicit permission from authorities. Several small island developing states in the Pacific have adopted the regulations formulated by their bigger, more developed neighbours. That is the case for Samoa and Tonga, for example, who follow the UAV laws of New Zealand. Still, many developing countries have no provision at all when it comes to the use of this technology by civilians.

Why rules and standards are necessary

One of the fundamental prerequisites for the use of small UAVs in public airspace is the existence of harmonised rules, in particular for UAV operators. These rules should pertain to safety and training, facilitate cross-country recognition of aircraft and pilot certification. Furthermore, such regulations should be combined with appropriate provisions for the protection of public privacy, data protection, liability and insurance. UAV rules also need standards that apply to both private and commercial use, covering issues such as the identification of types of small UAVs, and development of technologies that can prevent hackers or third parties from taking control of the devices while they are in the air. Clear and concise guidance material, customs procedures, simplified regulations, and readily available online forms and information products, like maps that show where it is allowed or not to use UAVs, could all help to succeed in reducing risks for operators.

The increasing commercial exploitation of smaller drones will require further, specific adjustments, such as limitations on third-party liability, the introduction of UAV weight categories below 500 kilograms, and adjustments to the risk levels that are associated with the flight characteristics of very small UAVs. Some concerns with UAVs are not new: the protection of fundamental civilian rights, such as the privacy of images and data, was already an issue with the use of manned aircraft and helicopters. In this context UAVs represent an increase in the scale of aerial data collection – a new challenge when it comes to strengthening and managing the legal protection of privacy rights and both personal and business data.

The international discussion about regulation of the commercial application of UAVs formally began in 2007 with the creation of an unmanned aerial system study group within the International Civil Aviation Organisation (ICAO). The study group brought to the table several member states and aviation management organizations. In 2011 the study group produced a circular 328, followed in 2015 by a manual on unmanned aircraft systems and proposed amendments to national civil aviation laws.

ICAO's current coordination efforts in the international arena focus almost exclusively on the large remotely-piloted aircrafts used for trans-boundary missions and not on the smaller UAVs. However, much of the material that was prepared by the study group is useful to develop country-specific and regionally relevant regulations for small UAVs under 500 kilograms and with visual line-of-sight operations, as Leslie Cary, who manages ICAO’s programme on drones, said at the Remotely Piloted Aircraft Systems Symposium in March 2015.

The European Aviation Safety Agency (EASA) has been tasked by the European Commission to develop a regulatory framework for drone operations and proposals for the regulation of civil, low-risk drone operations. In achieving this, EASA is working closely with the Joint Authorities for Rulemaking of Unmanned Systems (JARUS), which is producing guidelines that should serve the UAV governance of the national airspaces.

Regulations in ACP countries

Research led by the Technical Centre for Agricultural and Rural Cooperation (CTA) recently examined the current state of drone-related regulations in the African, Caribbean and Pacific (ACP) group of states. It revealed several distinct categories of responses to the drone issue. Indeed, ICAO member states use the organisation's standards and recommended practices and other guidance material to develop their own regulations.

South Africa in particular has implemented and now enforces a comprehensive set of legally-bound rules governing UAVs, placing it among the small group of nations that have working regulations. Others, like Senegal and Kenya, have banned the civilian use of drones or specific airborne tools, such as cameras, although they have amended their aviation laws with drone-related provisions developed by ICAO. Others, like Chad and Gabon, still left notes in their newly updated aviation laws stating that international norms still need to be established on specifics such as certification, licensing and aircraft types. Others have created a variety of forms, guides and information products, and sometimes have simply adopted the UAV rules of another country, without any official amendments to their aviation laws.

In emergency situations, like post cyclone Vanuatu, drones have been used on Efate and Tanna islands for reconnaissance and damage assessment purposes with the endorsement of the government, but in the absence of a legal framework and specific rules. Thus, it appears that the question is no longer whether, but how and when the integration of UAVs into existing forms of aviation will take place. When rules are unclear, professional small UAV operators working in agriculture or natural resource management should use common sense and follow diligence: have an operator permit, documentation and registration for the aircraft and the instrument used, and seek approval from local authorities. Ideally they also should seek approval from customs and national transport agencies.  

Emerging UAV expertise

Tackling safety and privacy issues together with the adoption of harmonised relevant regulation will play a crucial role in the public acceptance of civilian drone technology, and the role of ICAO and JARUS is instrumental in developing the appropriate standards and recommended practices. Regional coordination efforts could spur further harmonisation of national operating rules, licences and certification between neighbouring countries. By doing this they could help the spread of commercial applications and facilitate the growth of regional enterprises and expertise on UAV technology.

ACP countries looking to regulate the technology should consult with professional operators and users of drones to ensure that UAVs’ user cases are well defined and their authorisation streamlined for the relevant activities within the individual countries.

About the Author:

Cédric Jeanneret (cedricj@gmail.com) is a freelance geographer. Cédric is particularly interested in capturing and analysing geographic information to map and learn about the diffusion of innovations and adoption of technology in socio-ecological systems.

Source:

Republished with consent from ICT Update, issue 82, April 2016

Related links:

• Website of the Joint Authorities for Rulemaking on Unmanned Systems (JARUS).
• ICAO study of legal issues relating to remotely piloted aircraft (2015):
•  Webpage of the South Africa Civil Aviation Authority on UAVs

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Drones, Open Data and urban transport

This video reveals the role that UAVs and drones can play in helping city planners and citizens democratize data and imagery about transportation in cities.

Participatory Data: Public or Private?

Participatory 3D modelling (P3DM) is a community-based process centred, which integrates local spatial knowledge with data on elevation of the land and depth of the sea to produce physical 3D models. Residents of a given area assemble a 3D model of the territory they rely on for their livelihoods and cultural practices. P3DM is used for a number of purposes and addresses a range of issues including spatial planning, land tenure, climate change adaptation, intergenerational knowledge exchange, building community identity, documenting local knowledge for advocacy purposes, and more.

P3DM has been used mostly in developing countries in rural areas. A P3DM exercise covering an area of 1000 km2 at a 1:10000-scale lasts approximately 10 days and involves 50-100 knowledge holders. The resulting 3D map stores a huge amount of geo-located data, matching a well-defined legend. The legend - developed by the local communities - includes point, line and polygon data; it reflects local and traditional knowledge of all sectors of society, including women and elders. Free Prior Informed Consent (FPIC) obtained, data displayed on the 3D model are imported into GIS environments and further analysed and compared with other data sets. Depending on the scale used, a P3DM exercise may generate up to 80 layers of information including land cover, resource use and tenure, social infrastructure, settlements, sites of cultural significance and more. Some data may be considered as sensitive by the knowledge holders and treated as confidential (i.e. removed from the model or stored as classified layers in a GIS). Custodians of data (usually NGOs operating on behalf of communities) should manage these according on ethical principles and agreed procedures.

P3DM works best at 1:5000 – 1:10000 scale or larger. The larger the scale (1:5000 is larger than 1:10,000), the more detailed and diversified the input of the knowledge holders will be. As a consequence, P3DM can be applied on moderately large areas (1000-4000 km2) at a time, although repeated exercises may result in the full coverage of small island nations. In countries covering large portion of the Earth, P3DM can and should be applied on selected “hot spots” to address specific issues.

As a follow-up to the 2006 “Mapping for Change” Conference which took place in Nairobi, the Community of Practice devoted to the improvement of Participatory GIS (PGIS) practice, developed guidelines on “Practical ethics for PGIS practitioners, facilitators, technology intermediaries and researchers” available 12 languages.

Data generation is part of the P3DM process, but not its end. Evidence has proved that as a result of the process, knowledge holders gain a deeper understanding of their bio-physical and social environments, heightened awareness on the importance of sound and climate-smart resource management and more. Data are usually generated to serve the process as the communities (all generations) learn by doing and to empower knowledge holders in interfacing with higher authorities.
Sharing of data is strategic and meant to serve purposes set by the knowledge holders. On the other hand the process allows for traditional and scientific knowledge systems to come together and make use of or build on the best of the two “worlds”.

CTA Open Seminar: "Participatory Data: Public or Private?"

The seminar "Participatory Data: Public or Private? is organised by CTA in anticipation of the forthcoming International Open Data Day

"Within Participatory mapping processes participatory data are usually generated to serve the process itself as the communities learn by doing and to empower knowledge holders in interfacing with higher authorities. Sharing of such data is strategic and meant to serve purposes set (ideally) by the knowledge holders. On the other hand the process allows for traditional and scientific knowledge systems to come together and make use of or build on the best of the two worlds."

When? Wednesday, 21 January,  2015, 10:00 – 12:00
Where? CTA, Agro Business Park 2, 6708 Wageningen, The Netherlands;
What?: get the flyer
Who? all those interested.
How? you are free to join. Here is our location on Google Maps

Trading Bows and Arrows for Laptops: Carbon & Culture

The Surui Cultural Map shows the Surui tribe of the Amazon's vision of their forest, including their territory and traditional history. To create this map, Surui youth interviewed their elders to document and map their ancestral sites, such as the site of first contact with western civilization in 1969, places where the tribes battled with colonists in the 1970s, as well as places of interest, like sightings of jaguars, capybaras and toucans. To preserve their forest and their livelihood, the Surui are entering the Carbon Credit marketplace with software called Open Data Kit to measure carbon and monitor any illegal logging in their forests using Android smartphones.