The
European Union (EU) became the first authority in the world to publish
comprehensive rules for the safe, secure and sustainable use of drone.
Published in June 2019, Regulation (EU) 2019/945 and Implementing Regulation
(EU) 2019/947 cover commercial and leisure drones.
New
legislation comes at a time when drones are being commonplace in our news.
Recently a home delivery company was spotted trialling drone deliveries in the
UK. At the same time, many stories are not positive. In January 2019, flights
at Newark Airport, USA, were disrupted by two drones and in September 2019,
protesters used drones to achieve a similar response at Heathrow Airport, UK.
Unfortunately,
advances in drone capability have not been matched by similar advances in
market regulations. The problem is only going to get worse as drones become
more and more a part of everyday life.
Initially
drone popularity was associated with play. This is not the case today, where
technology has advanced to a point where business use is both practical and
financially viable. This is shown by the fact the US FAA predicted it would
take until 2022 for the number of commercial drones to reach 450,000, but that
figure has already been exceeded.
Drones
are no longer just useful cameras. Today, they are used commercially for mapping,
data gathering, tracking criminal suspects and delivery services. This is why Barclays’
analysts expect the commercial drone market to grow from USD 4 billion to USD
40 billion in the next five years.
The
growth in the drone market has not always been matched by government
legislation but that is beginning to change. The US Department of Justice has
recently signalled its security concerns by updating its policies and the UK
Civil Aviation Authority has introduced a new register backed by fines of up to
GBP 1,000.
The
European Union (EU) is now the first region to publish a comprehensive set of
rules for ensuring the safe, secure and sustainable use of drones. Published in
June 2019, Regulation (EU) 2019/945 and Implementing Regulation (EU) 2019/947
both cover commercial and leisure use. Their aim is to foster innovation and
growth in the sector while ensuring safety.
These
regulations include technical requirements, such as the capabilities a drone must
have to fly safely. New drones must also be individually identifiable, to allow
them to be traced by the authorities. From June 2020, operators will need to register
their drones with authorities, and Member States will be required to convert
existing certificates of remote pilot competency and their UAS operator
authorisations or declarations to conform with Regulation (EU) 2019/945 by July
1, 2021.
The
introduction of these two regulations puts the EU at the forefront of drone legislation.
Manufacturers and suppliers need to be aware, however, that other territories
have varying attitudes to drone use. For example, at the other end of the
scale, their use is prohibited in Barbados, Brunei, Cuba, Kuwait and Saudi
Arabia. Manufacturers and suppliers must understand the enforced regulations in
their target markets.
Part
of the difficulty for manufacturers is the disconnect between standards and
regulations. For example, currently there is no harmonised standard
corresponding to (EU) 2019/945.
Stakeholders
should be aware that, if a product is classified as a toy, it must also satisfy
Directive 2009/48/EC, the Toy Safety Directive (TSD). Products not classified
as toys should comply to the requirements in (EU) 2019/945 and the relevant
essential health and safety conditions in Directive 2006/42/EC.
Drones
must also comply with: