Uncrewed Aircraft Defined

Determining what is, and is not, “manned” aircraft is important because it determines whether an aircraft 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? 

Article 8 of the Convention on International Civil Aviation states, “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 insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil aircraft.”

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”.

Article 32 of Convention on International Civil Aviation states, 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 the pilots/company must get “special authorization by that State and in accordance with the terms of such authorization”. 

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 this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice and does not create a lawyer-client or attorney-prospective client relationship. Readers should not act upon this information without seeking advice from professional advisers. Additionally, this Firm limits its practice to the states of Arizona and New York.

Flight Operations Manual

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 Drone

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

49 U.S.C. 44807 Grants to UAS

Instructions for Requesting FAA Exemption

The list below contains requirements for requesting FAA authorization to operate a UAS for civil under the authority of 49 U.S.C. §44807.

  1. Before filing your petition, review FAA‘s guidance to ensure your petition contains at a minimum the following necessary information, if relevant:
    • Concept of Operations
    • Operations Manual
    • Emergency Procedures
    • Checklists
    • Maintenance Manual
    • Training Program
    • Flight History (flight hours, cycles, accidents, etc.)
    • Safety Risk Analysis

    Note: A Safety Risk Analysis is also required for complex operations for any proposal that includes the following, but not limited to: flight over or in close proximity to people, flight beyond visual line of sight, operation of multiple UAS, operations from a moving vehicle, package delivery, Part 135 operations, or high speeds. Additional information about safety risk analysis is available at FAA Order 8040.4, Safety Risk Management Policy and FAA Order 8040.6 UAS Safety Risk Management Policy.

  2. Verify that all the necessary information is included, see 14 CFR § 11.81, and then file your petition for exemption on the public docket. You can also download submission instructions (text instructions) (visual aid instructions).

Instructions for Requesting FAA Authorization

Apply for a Certificates of Waiver or Authorization (COA), which serves as operational approval for the specific airspace in which you desire to fly. You must submit applications for a COA through the COA Application Processing System (CAPS), not the public docket.

COA applications must include:

  • An exemption number — corresponding to the Federal Register Docket ID for your petition for exemption
  • A registration number — all aircraft must be registered with FAA to be issued a COA. See Register a New sUA or other Unmanned Aircraft under Part 47.
  • The same petitioner name/company name that the exemption was issued to.

Note: FAA will issue a “blanket” COA for flights at or below 400 feet in class G airspace to all UAS operators with a Section 44807 exemption as appropriate. View a copy of this “blanket” COA (PDF), including operating conditions and limitations.

Questions About Petition for Exemption and COA

The Special Authority for Certain Unmanned Systems will expire September 30, 2023. For more information or questions about petition for exemption and COA application process contact the UAS Support Center.

Certification

You may also be interested in a certification, which is how FAA manages risk through safety assurance. It provides FAA confidence that a proposed product or operation will meet FAA safety expectations to protect the public. Certification affirms that FAA requirements have been met.

Learn more about certifications:

Commercial Drone Insurance

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.

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!

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 the Dunaway Law Group by phone at 480-702-1608 or message us HERE.

* The Dunaway Law Group provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice and does not create a lawyer-client or attorney-prospective client relationship. Readers should not act upon this information without seeking advice from professional advisers. This Firm limits its practice to the states of Arizona and New York.