Operator and Remote Pilot Responsibilities in the Specific Category

Operator Responsibiltiies

The Operator is responsible for establishing:

• operational procedures to ensure the safety of the operations

• procedures to ensure that security requirements are complied

• measures to protect against unlawful interference and unauthorised access

• comply with regulations on personal data and carry out data protection IA when required

• guidelines for RPs to minimise nuisances, including noise, to people and animals

• each individual aircraft shall be installed with at least one green flashing light (from 1 January 2022)

• Record Keeping (maintenance, staff, qualifications etc.)

The Operator must designate an RP for each operation and If autonomous flight is planned then they shall detail phases of operation and responsibilities. They are also responsible for ensuring efficient use of radio spectrum in order to avoid harmful interference. When designating an RP, they must ensure each RP:

• Competent (as dictated by OA or STS)

• Follows competency-based training and as required by OA or STS Declaration

• Is informed on operations manual if required by RA

• Obtain geo zone information

When involving other staff as part of the crew, they must ensure:

• Completed OJTI

• Is informed on operations manual if required by RA

• Obtain geo zone information

The operator must ensure operations are carried out and records kept i.a.w the OA or STS Declaration. They must also only use drones designed to minimise noise and other emissions, ensure failure will not lead UAS to flying outside the designated operational volume or cause a fatality and the MMI (Man Machine Interface) shall minimise pilot error and not cause unreasonable fatigue. Finally they must define maintenance instructions and employ adequately trained maintenance staff.

Remote Pilot Responsibilities

Not everything is on the Operator, the RP also has responsibilities to ensure the operation is safe. They must only operate when fit to do so, i.e. not under the influence of drugs or alcohol. They must hold appropriate competency as required by OA or STS Declaration. To ensure the flight complies with the operational volume requirements they must ensure they obtain geo zone information and ensure the environment is compatible with OA or STS Declaration. They must ensure the UAS is safe and check Remote ID is working. All relevant information about the operation should be made available to the ANSPs, Airspace Users and other Stakeholders as required by OA or geo zone requirements. During flight, they must avoid any risk of collision with other aircraft, objects etc, and remain clear of emergency response areas and of course, comply with the OA or STS Declaration, Geo zone limitations, and Operator procedures.

Small Print: These posts are a summary only, include my personal interpretation and are not intended to be a replacement for reading the actual rules.

Specific Operations

Summary

Specific Operations are those that can’t comply with the measures set out in the Open Category, but the risk is not high enough to sit in the Certified Category. All flights must comply with the applicable “Standardised European Rules of the Air Regulation” 932/2012 however the CAA have clarified this will not apply to VLOS flights. All operators in the Specific Category must be registered. Risk mitigations measures required are determined by a risk assessment that can be either conducted for the specific operation and submitted to the CAA for an Operational Authorisation Or generically as part of the Standard Scenarios (STS) submitted to the CAA as an Operational Declaration. Operators must be 18 years or over.

Standard Scenarios for Operational Declarations

These are documented in the annex of the IR. At the time of writing, there were not yet published, but they are expected to be in relation to the following:

• drone with maximum dimension up to 3 metres in VLOS over controlled ground area except over assemblies of people

• drones with maximum dimension up to 1 metre in VLOS except over assemblies of people;

• drones with maximum dimension up to 1 metre in BVLOS over sparsely populated areas;

• drones with maximum dimension up to 3 metres in BVLOS over controlled ground area.

• Operations performed below 120m from the surface in Uncontrolled Airspace or Controlled Airspace after coordination and authorisation i.a.w procedures for that area

When submitting a declaration against an STS to the CAA it shall contain:

• Admin info on UAS operator

• A statement that operation satisfied requirements or point 1 and STS

• Commitment to comply with mitigation measures (including. Operation, design, competency)

• Confirmation that insurance will be in place

Once the CAA respond confirming receipt and completeness then the operation can begin, an Operational Authorisation is not required.

Operational Authorisations

If the flight doesn’t fit an STS then an OA will be required. An operator seeking an OA will need to submit the following:

• Operational Risk Assessment (as per article 11) - it should be noted that CAA are not accepting any SORA (specific operational risk assessments) until after 31st December 2020.

• Registration number

• Accountable manager

• Mitigation measures to allow the authority to assess the efficacy

• Confirmation that insurance will be in place

CAA will then issue the OA when happy all information is provided and that a procedure is in place for coordination with ANSP (if operation crosses within controlled airspace) and they can conclude from the information that:

• Safety objectives take account of risks

• Mitigation measures are adequate (ground and air)

• The operator has stated compliance with any privacy, data protection, liability, insurance, security and environmental protection rules

OAs are non-transferable and validity is determined on the OA itself by the competent authority. An OA may be for a single or number of operations in a specified time or location or both.

Aircraft Classes

The next update to the DR is expected to include two new UAS Classes (C5 and C6). This are for flying under the STS’s to be published. However as the CAA are not currently planning on following these I will not say any more about them here.

Small Print: These posts are a summary only, include my personal interpretation and are not intended to be a replacement for reading the actual rules.

EU Regulation Package Overview

Update: June 2020 - the CAA have now stated the IR will be delayed to apply from 31st December 2020

There are two key regulations published by the European Commission:

1. Commission Implementing Regulation 2019/947 (referred to as the IR)

2. Commission Delegated Regulation 2019/945 (referred to as the DR)

If you are a drone operator or a drone training organisation then the IR (947) is of more interest to you. If you are a drone manufacturer, seller, importer, or perhaps a 3rd country operator then the DR (945) will be of more interest. I’ve put the following image together to give a quick overview of what they cover:

Package summary and pertinent dates.

Both the IR and DR have entered into force already but the IR has not yet become applicable (btw my interpretation is that Entry into Force means the regs formally exist and are legally acknowledged but can’t yet be enforced. Then only when it becomes Applicable are we obligated to follow them as they can be enforced. The time difference gives states, industry, and organizations to get prepared. Other reasons behind having this distinction can be found here).

It’s worth noting that the COVID-19 pandemic has led to the CAA postponing the applicability date of the IR from July to November 2020. This could be delayed further.

At a high level, the new regulations cover much more than currently in the UK ANO, here’s a brief list:

• Registration

• Competency

• Age

• Operator and Pilot Responsibilities

• Aircraft Equippage

• Model Aircraft Clubs

• Safety

• Privacy

• Security

• Toys

• Insurance

• Data Protection

• Environment (noise)

• +more

The extent of how much of these rules and regulations apply to you will depend on which of the three categories your drone or operation falls into:

Three categories of EU Commission Rules

Open covers low risk operations (e.g. using certified aircraft and/or in very low risk areas), Certified covers high risk operations (e.g. carrying people and/or overflying large assemblies of people) and Specific covers everything inbetween with some overlap at both ends. I’ll cover these individually.

Small Print: These posts are a summary only, include my personal interpretation and is not intended to be a replacement for reading the actual rules.