Category: Aviation

Determining what is, and is not, an “aircraft” is so important because it determines whether it falls under the purview of the International Civil Aviation Organization (ICAO). If it does, then it is held to the same standard as traditional manned aircraft and must comply with all of the same requirements. 

Upon initial review, defining “uncrewed aircraft” seems to be intuitive and somewhat self-explanatory. However, with close examination and careful thought what is and is not “uncrewed” becomes less clear. For example, what if there is not a pilot in the aircraft but the aircraft is being flown by a person standing on the ground, using a remote control? Or must an “uncrewed” aircraft be one that is flown completely autonomously without any human input? 

The plain wording of Article 8 makes clear that the drafters intended “pilotless aircraft” to include aircraft that were remotely controlled, e.g., from the ground (via radio signals); thus, “pilotless aircraft” in the sense that Article 8 refers to an aircraft flown without a “pilot” of Article 32, which provides, “the pilot of every aircraft and the other members of the operating crew of every aircraft engaged in international navigation shall be provided with certificates of competency and licenses issued or rendered valid by the state in which the aircraft is registered”.

When is a uav – “pilotless”?

Defining “pilotless” is of great importance because, “no aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a Contracting State without special authorization by that state and in accordance with the terms of such authorization. Each contracting State undertakes to ensure that the flight of such aircraft without a pilot shall be so controlled as to obviate danger to the Civil aircraft.” 

The term “without a pilot” was later clarified to mean that an “aircraft which is intended to be operated with no pilot on board shall be further classified as unmanned,” Furthermore, “unmanned aircraft shall include remotely-piloted aircraft.” 

An aircraft is not required to be fully autonomous in order to be uncrewed. An aircraft that is controlled by a person is still “uncrewed”, so long as the person controlling the aircraft is not located within the aircraft. For example, a quad-copter- drone that is controlled remotely by a person on the ground is still an unmanned aircraft. RPA as “an [uncrewed] aircraft which is piloted from a remote pilot station”. 

all aircraft are subject to article 8

All uncrewed aircraft, whether remotely piloted, fully autonomous or combinations thereof, are subject to the provisions of Article 8 and inter alia the ICAO. Annex 7 makes it clear that remotely piloted aircraft (RPA), are simply one type of uncrewed aircraft, and all uncrewed pilotless aircraft, whether remotely piloted, fully autonomous, or combinations thereof, are subject to the provisions of Article 8 of the Chicago convention. Because RPAS are aircraft, ICAO is responsible for their international air travel. They are held to the ICAO standards.

Somewhat ironically, the Chicago Convention, which is considered to be the magna carta of civil aircraft, never actually defines the word “aircraft”. In 1967, in response to advancements in technology, ICAO re-defined “aircraft” as “any machine that can drive support in the atmosphere from the reactions of the are other than the reactions of the are against the Earth’s surface,” 

This change in the definition of “aircraft” came primarily as a response to the invention of “hovercraft”. A hovercraft is a machine that elevates itself off of the ground by pushing in downward to lift the vehicle off of the ground. Because a hovercraft creates lift by pushing air onto the ground it is not capable of “flying” more than a few inches in the air. 

The need for ICAO to redefine one of its most fundamental words, “aircraft” due to development of previously unforeseen technology—the hovercraft—is a perfect example of how quickly technology can change and how it can make prior norms outdated.

The Dunaway Law Group provides consulting to UAS programs across the United States.

Why Your Organization Needs a Flight Operations Manual
For Your UAV- Drone Program

Flight operations manual will help your organization be more effective, cost efficient, successful, and successful. Its power cannot be overstated. An organized, focused, specific, plan for your UAS program will saves lives, reduces costs, and gives people an actual increased level of protection.

1. BENEFITS OF HAVING A FLIGHT OPERATIONS MANUAL:

There is an almost infinite number of benefits of having a Flight Operations Manual.

By taking subjectivity out of the situation. You might have someone who is overzealous. Willing to take unnecessary risks. You might have someone who is inexperienced as to the capabilities of the UAS. You might have someone who is not aware of the laws and know what they can and cannot do.

1. Create a pre-flight checklist.
   1. Just like on a plane.
2. Standard operating procedures.
3. What kind of training is required by the UAS pilot?
4. Who will be in charge of maintaining the UAS?
   1. Who will make the repairs?
5. What if you want to fly at night? Or beyond VLOS? What do you need to do? Is there someone who can help?

Airforce has a saying that its rules are written in blood. You can build off the experiences and mistakes made by those who have gone before you. Having a written set of guidelines keeps people from taking unnecessary risks, mental errors, keep systems from failing.

WHAT DOES A FLIGHT OPERATIONS MANUAL CONTAIN?

A traditional outline for a Flight Operations Manual will contain. It provides a standardized list of many things including the maintenance of UAV, pilot requirements.

Section 1- Flight Operations Manual: Organization and Administration

An overview of the organizational structure, including responsibilities, duties, and qualifications for all positions and titles within the operation. This section also includes personnel policies, pre-flight planning or checks, ongoing educational requirements, alcohol / drug policy, trip expenses, and record keeping.

Section 2- Flight Operations Manual: Safety Management System

The operator’s SMS, including the various forms, overall processes, and components, forming a continuous cycle of improvement. The Hazard Identification, Tracking, and Resolution System is customized for each operator in both text and graphic format. We can also provide separate files for each of the forms so that you may print / distribute them as needed.

Section 3- Flight Operations Manual: Operating Procedures

The operational control system including Trip Scheduling, Weather, Flight Rules, Performance, Fuel Requirements, Weight and Balance, Aircraft Defects, Use of Checklists and SOPs, Flight / Duty Time Limitations, Aircraft Equipment, and Passenger and Cabin Safety Procedures.

Section 4- Flight Operations Manual: Qualifications and Training

Details of the qualifications and required training for all Flight Department personnel.

Section 5- Flight Operations Manual: Aircraft Maintenance

An overview of the maintenance control system, including, Elements of Aircraft Maintenance, Aircraft Records, Preventative Maintenance, Deferred Maintenance Items / Discrepancy Management, Technical Dispatch, Parts, Material Control, Tool Calibration, Maintenance Arrangements, and Maintenance Safety Programs.

Section 6- Flight Operations Manual: Protection of Evidence

Evidence must be preserved for it to be admitted into evidence at trial.

Section 7- Flight Operations Manual: Company Forms

Samples of the forms referenced throughout the manual. We can also provide separate files for each of the forms so that you may print / distribute them as needed.

FLIGHT OPERATIONS MANUAL WILL BE CUSTOM

To your situation and unique geography. Do you have freeways, railroad tracks, We will send you sections of the manual for review, and schedule development sessions to review each section with key personnel from your department, conducted online at your convenience. After we have completed developing the manual you issue a copy of the full manual for your review “review draft”.

ONCE CREATED IT CAN BE A TEMPLATE

Of course, your needs and technology will change the needs of your UAS program overtime and the FOM can be updated for those changes. But the FOM will be a platform to build off of. This is why things needs to start off right. So that 10, 20, 30 years from now you aren’t trying to correct mistakes that have already been made.

How easy is it to straighten a tree when it is small? It can be done with a small wire, however, once a tree reaches a certain size it become almost impossible to straighten it.

Do you have an off-the-shelf flight operation’s manual?

While there may be common elements between each operators’ manual, the intent of the manual is to reflect your particular operation. Therefore, the manual will be unique. While a boilerplate manual is better than no manual the best part about creating your own is that it is specifically describes and details your operation.

GO – NO GO INSTRUCTIONS Operator-provided content, aircraft-specific SOPs, expanded Winter Operations, etc., may be included in Appendices. High-speed car chases.

If you need help from an experienced Arizona attorney, then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the State of Arizona.

How to register your drone with the FAA.

Registering your drone with the Federal Aviation Association. The FAA has actually made the process rather smooth and straight forward.

Why is Drone Registration Necessary?

Plain and simple, the FAA wants every drone registered to increase the safety of people both in the air and on the ground. With more than 1 million drones registered with the FAA they have their hands full trying to keep people safe.

“Registration is all about safety,” says FAA spokesperson Jim Peters. “It provides us with a key opportunity to educate the new generation of airspace users that as soon as they start flying outside, they’re pilots. There are safety implications to how they fly, and there are rules and regulations they must follow. When necessary, registration will help us track down people who operate unsafely.”

Drone Pilots Will be Held Accountable for their Actions

There are countless examples of people flying their drones dangerously close to other aircraft and restricted areas. Drones have interfered with:

● Commercial airplanes,
● Planes and helicopters in the process of fighting wildfires.
● One even landed on the lawn of the White House.

The FAA sees the registration process as an important stepping-stone to a clear, long-term policy making drones safer for everyone.

Penalties for NOT Registering a Drone

It’s difficult for the FAA to enforce these penalties but the fines are steep.
● Civil penalties can reach $27,500!
● Criminal penalties can cost $250,000 and/or three years in prison!

Who Needs to Register their Drone?

Once the registration is complete then the pilot Registering once gives recreational pilots a registration number, akin to a driver’s license number. The recreation drone registration number applies to any drone that you may own and is good for three years. After the registration number expires then you will simply go through the registration process again.

When you buy another drone you’re not required to go through the registration process again because the registration number is for the person and not the drone itself. 

Who Does NOT Need to Register their Drone?

• If the drone weighs less than 0.55 pounds.
• If the drone is only flown indoors.
• If the drone weighs more than 55 pounds it must be registered under the FAA Part 47 Registration.

If the drone is for commercial purposes—which means you’re using your drone to make money, then a different, more cumbersome registration process is required. To learn more about registering your drone for commercial purposes then read our post HERE.

How to Register Your Drone

You’ll register your drone through the FAA’s website at faadronezone.faa.gov. The FAA website makes the registration process very simple.

You’ll also get a registration certificate emailed to you, which you’ll need to print out (or keep handy on your mobile device) and have with you when flying. Once your drone is officially registered you are cleared for takeoff!

Place the Registration Number on Your Drone

Finally, the FAA registration number must be placed on the exterior of the Drone

Do I Need Commercial Drone Insurance?

Drone insurance is not required by the Federal Aviation Administration (FAA), doesn’t require insurance for commercial drone operators in the United States. However, drone insurance is something you should seriously consider limiting your risk exposure.

2 Types of Commercial Drone Insurance

There are two basic forms of drone insurance; 1) insurance that protects the actual drone, in case you crash it! 2) insurance that protects you if the drone you are piloting crashes into another person, or their property is damaged.

First, Hull Insurance- Ensure the Actual Drone
“Hull insurance” covers damage to the drone itself. Hull insurance becomes more and more important as the cost of UAV’s – Drones continues to skyrocket. For instance, a Cinema company, Brain Farm, spent nearly $250,000 developing its own drone!

In other words, Hull Insurance provides protection for physical damage to your drone in the event that you crash it!

Second, Liability Insurance

Liability insurance covers damage caused to a third-party by your drone, including bodily injury and property damage. Liability insurance is usually required by companies setting up an in-house operation. Many companies also require service providers to show proof of liability insurance before contracting drone outside services.

The first step: determine if the drone is non-owned or owned by your company.

For non-owned drone operations you should secure a Non-owned UAS liability policy. This type of policy provides contingent third-party liability coverage. UAS liability insurance offers coverage for a third-party bodily injury or property damage claim arising from the use of the drone on your behalf. The drone operator’s policy serves as the primary layer of insurance (the first layer to respond to the claim), while the drone pilot’s insurance will act as an excess layer, providing back-up insurance.

For example, let’s say you hire a drone operator to film for you and the drone crashes, causing a personal injury or property damage to a 3rd party (perhaps a bystander) that sues you for those damages.

For drone pilots who own the drone they are piloting they should seek a Hull and liability policy. This policy provides third party liability coverage (like the non-owned policy), however, it will not be contingent. Your policy will be the first level of protection against a claim.

Aircraft Insurance Policies — claims or suits that arise out of the ownership, maintenance, or use of aircraft are generally excluded under the standard commercial general liability (CGL) forms. Businesses that elect to use private aircraft in their operations must purchase specialty insurance to cover their aircraft liability loss exposure: aircraft liability coverage or stand-alone non-owned aircraft liability and perhaps excess aircraft liability coverage as well. Coverage for third-party aircraft liability is often provided, which also includes hull (physical damage) and medical payments coverages.

Confused by commercial drone insurance and how it should be incorporated into your business? Contact us at the Dunaway Law Group by phone at 480-702-1608 or message us HERE.

* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship.

1. BENEFITS OF DRONE USE IN AGRICULTURE

The use of unmanned aerial vehicles (UAVs or drones) in commercial farming is increasingly profitable. UAVs are used in pest control, monitor crop health, and create plans specific to a field. Drones help farmers get the most productivity from every square inch of a farm. When it comes to UAVs, your imagination can go pretty wild in terms of what is possible.

Drone technology can make farmers more efficient by helping them locate problem spots in vast fields or ranchlands. Increased efficiency could mean lower costs for consumers and less impact on the environment if farmers used fewer chemicals because drones showed them exactly where to spray. Drones can carry different tools, including high-resolution cameras, infrared sensors and thermal sensors. Ground-penetrating radar could even measure soil conditions.

Compared to traditional fixed wing aircraft, UAVs can fly lower, slower, and hover in place for extended periods of time, all of which enhance the precision, speed, and safety of pesticide application. In fact, studies suggest that pesticide application by a UAV could be up to five times faster than traditional fixed-wing aircraft.4

1. Aerial Pesticide– The fact that UAVs can operate significantly closer to crops without causing damage, due in part to the lower thrust exerted by a sUAS relative to larger manned aircraft, reduces the concern for drift. 

1. These benefits may also result in sUASs supplanting uses that have traditionally required hand-application for certain pesticides, reaping farmworker safety benefits currently addressed by the Worker Protection Standards.
2. UAVs limit the risk of pesticides drifting to non-target areas, potentially poisoning non-resistant neighboring crops or agricultural workers. Drift can be caused by pesticides being released at improper altitudes, at inappropriate ambient temperatures, or with incorrect droplet sizes.28 EPA mandates specific applicator boom length and nozzle size to mitigate drift of certain pesticides. 

2. Improve Crop Health- Agriculture drones can look at massive fields of crops to scout out where crops are too wet, too dry, too diseased or too infested with pests. 

Essentially, you make a drone map of your field and request the according analysis you need. And the goal of these analyses is to “scan” the field and determine the location and the percentage of problem areas.

There are, for example, analyses that can show you how to spot weed and diseases, identify pest-infested areas and even help you count plants and trees. Besides being drastically faster than traditional measures, drone data analyses offer exact numbers and percentages together with the precise location of healthy and problematic areas.

3. Topography of Fields–  Allows farmers and agronomists to create an overview of their fields. To let them mark points of interest on their field (such as ponds, or barns) and calculate how large certain areas on their fields are.

    II. CHALLENGES TO IMPLEMENTING A UAV PROGRAM

1. Old FAA Laws

There are rules and limitations, among others, on operational hours and require registration for UAVs. Some, but not all, of these limitations may be waived by the FAA Administrator. The technology of UASs is moving forward so rapidly that the laws and rules and regulations have been created, the regulations surrounding aerial pesticide application have not yet been updated to accommodate the specific benefits and limitations of UAS use. As a result, a patchwork of exemptions, waivers, and label modifications is currently required for a commercial entity to aerially apply pesticides via UAS.

2. Burdensome Application Process

Many of the FAA regulations on aerial pesticide application have not been updated in almost half a century and fail to accommodate advancements in technology, especially UAVs.

However, companies can apply for waivers and exemptions from the FAA to use UAVs in a way that will benefit farming.

1. Part 107 Waivers

The FAA Administrator has the authority to waive some of the limitations placed on UAV use, so long as the Administrator determines that “the proposed [sUAS] operation can safely be conducted under the terms of [the] waiver.” 

Anyone may request a waiver, but their request must include a “complete description of the proposed operation and justification that establishes that the operation can safely be conducted under the terms of the waiver.” 

The FAA says that it “will strive to review and issue decisions on waiver and authorization requests within 90 days”.

2. Part 11 Exemptions

The FAA can exempt an individual from any FAA regulation by submitting a request for a Part 11 exemption. This pathway, however, is far more burdensome than the Part 107 waiver process as it requires publication in the Federal Register and opportunity for public comment. The FAA requires that the petition be submitted at least 120 days before the petitioner anticipates the exemption is required. Additionally, Part 11 exemptions are typically only valid for 2 years, as opposed to 4 years under a Part 107 waiver. The FAA does, however, provide guidance to individuals seeking a Part 11 exemption and a searchable database called the Automated Exemption System (AES) is accessible to the public.

3. 333 Exemptions 

As of July 14, 2017, 18 individuals and companies have received a waiver of the § 107.35 limitation to multiple drone operations. DroneSeed’s success demonstrates that the FAA is open to the use of drones as pesticide applicators; however, the current complex approval process serves as a significant barrier to entry for potential competitors.

sUASs as a possibly safer and cheaper substitute for traditional fixed- wing or helicopter/rotocopter aerial applicators. In the meantime, a combination of Section 333 exemptions, Part 107 Waivers, Section 11 exemptions–depending on the size of the UAS–are a viable, albeit expensive and time-consuming, alternative to permit limited use and testing of sUASs for aerial pesticide application in the near future.

There are currently three exemption and waiver processes that a UAS operator would need to navigate to aerially dispense pesticides, depending on the type of UAS used. For UASs over 55 lbs., a Section 333 Exemption is required. This application is more open-ended, has fewer limitations, but is more expensive and takes longer to obtain. For sUASs, a Part 107 waiver may be used. These waivers are cheaper and faster to obtain, but are more limited in the restrictions that may be waived. Finally, Part 11 Exemptions permit relief from a vast array of FAA regulations; however, this process requires full notice and comment for each applicant and requires navigating significantly more regulations. An overview of each of these three processes follows next along with an example of a UAS aerial pesticide applicator that has successfully navigated these regulatory hurdles.

Recently, Yamaha received a Section 333 Exemption to use its UAS, the RMAX, in aerial pesticide application. Because the RMAX weighs in excess of 55 lbs., it is ineligible for the Section 107 sUAS rules and must use the Section 333 Exemption. 

III.     VALE LA PENA- IT’S WORTH THE COST 

Having an agricultural UAS drone program far outweighs the cost and hassle of setting it up. Let the Dunaway Law Group remove the stress and confusion of setting up a drone program. Please contact us by phone at: 480-702- or message us HERE.

* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship.